Terms of Service

Modified: 06.05.2024

1. Purpose and Acceptance

1.1 These Terms of Service (“Terms”) define the terms and conditions of use of the services provided by Persuwise, headquartered at 61st, sos. Pipera, building 3, ap. 140, 020308, Bucharest, Romania, European Union, through the website located at www.persuwise.com (the “Site”), the Chrome Extension Persuwise, and associated mobile and desktop applications (the “App”) (collectively, the “Services”). They outline the rights and obligations of the Parties in this context. 

1.2 By clicking “I accept,” placing an order for the Service, or by downloading, installing, accessing, or using the Service, Customer agrees to be bound by these Terms of Service, including any Order Forms (“Order Forms”) and Company’s Privacy Policy (together, this “Agreement”). If Customer is not eligible, or does not agree to this Agreement, then Customer does not have the Company’s permission to use the Service. Customer’s use of the Service, and Company’s provision of the Service to Customer, constitutes an agreement by Company and by Customer to be bound by this Agreement.

2. Operator of the Services

The Services are operated by Persuwise, headquartered in Romania, European Union.

Contact Information:

• Postal Address: 61st, sos. Pipera, building 3, ap. 140, 020308, Bucharest, Romania, European Union
• Email Address: support@persuwise.com

3. Access to the Site and Services

3.1 The Services are accessible to:

• Any natural person with full legal capacity to enter into commitments under these Terms. Minors may only use the Site and Services with the agreement of their legal representative.
• Any legal person acting through a natural person with the legal capacity to contract on behalf of the legal person.

3.2 Users must register on the site by completing the provided form, supplying all mandatory information. Registration results in the creation of an account (“Account”), giving access to a personal space (“Personal Space”) to manage Services.

3.3 Users guarantee that the provided registration information is accurate, up-to-date, sincere, and not misleading. They must update this information as necessary.

3.4 Users are responsible for maintaining the confidentiality of their login credentials and must immediately contact Persuwise if their Account is used without authorization. Users must not allow any third party to use their account unless they bear full responsibility.

4. Description of the Services

 4.1 Users have access to the Services described on the Site, according to the functionalities and technical means deemed appropriate by Persuwise. 

4.2 The Services integrate with your email account, and any information obtained from Google APIs during service provision will be in strict alignment with the Google API Services User Data Policy, particularly its Limited Use requirements.

5. Paid Services and Payment Terms 

5.1 Prices The prices of the Services are indicated on the Site, expressed in United States Dollars (USD), including all taxes. Users acknowledge that they may be subject to currency conversion fees or fluctuations when making payments in other currencies. 

5.2 Price Review Prices may be revised by Persuwise at any time. Users will be informed of such modifications by email at least 30 days before the new prices take effect. Users who do not accept the new prices must terminate their use of the Services per the termination clause. 

5.3 Billing and Payment Terms Services are billed monthly or annually, as specified. Payments are made via direct debit using the User’s bank card number. The payment provider designated on the Site processes the direct debits and retains bank details for this purpose. Users must ensure they have the necessary authorizations for the chosen payment method. 

5.4 Delays and Incidents of Payment Any delay in payment may result in:

• The immediate payment of all sums due.
• The suspension of Services until full payment is made.

5.5 Reimbursement Refunds are not provided for digital services delivered via the Internet once the subscription is paid, except for a pro-rata refund in case of upgrading to a higher annual offer.

6. User Obligations and Guarantees 

6.1 Users must:

• Comply with applicable laws and regulations and respect third-party rights.
• Acknowledge that the quality of Services depends on their internet connection.
• Use the Services personally and not share access with third parties without bearing full responsibility.
• Provide accurate information and cooperate with Persuwise for the proper execution of the Services.
• Understand that the Services offer an additional solution and are not a substitute for other means. 

6.2 Users guarantee Persuwise against any claims arising from their breach of obligations under these Terms. They undertake to compensate Persuwise for any prejudice and cover all costs, charges, and sentences.

7. Prohibited Behavior and Penalties 

7.1 Users are prohibited from:

• Engaging in illegal or fraudulent activities.
• Violating public order or laws and regulations.
• Intruding into third-party computer systems or harming their integrity or security.
• Misusing the Services for unauthorized purposes.
• Copying or diverting the concept, technologies, or any elements of the Persuwise site for their own or third-party purposes.
• Interrupting or interfering with the Services or the Site.
• Monetizing, selling, or licensing access to the Services or the Site without authorization. 

7.2 Persuwise reserves the right to:

• Suspend or terminate the User’s access to the Services.
• Remove any content posted by the User.
• Notify relevant authorities.
• Initiate legal action.

8. Intellectual Property

The systems, software, infrastructures, databases, and content used by Persuwise are protected by intellectual property rights worldwide. Unauthorized reproduction, representation, diffusion, or use of these elements is prohibited.

9. Confidentiality and Proprietary Rights 

9.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) may disclose business, technical, or financial information relating to the Disclosing Party’s business (“Proprietary Information”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use or divulge such Proprietary Information to any third party, except as permitted herein. 

9.2 The Customer shall own all rights, title, and interest in and to the Customer data. Persuwise shall own and retain all right, title, and interest in and to (a) the Services and Software, all improvements, enhancements, or modifications thereto, and (b) all intellectual property rights related to any of the foregoing.

10. Data Protection and Privacy 

10.1 Persuwise complies with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and other applicable data protection laws. Users’ data collected on the Site and stored on Persuwise’s computer equipment are proof of operations conducted under these Terms. Personal data may be transferred to and processed in countries outside the user’s jurisdiction, in compliance with applicable data protection laws. 

10.2 Persuwise and Users will comply with the GDPR for any personal data processing under this contract. Each party warrants strict compliance with GDPR regarding data processing.

10.3. In addition to our obligations under GDPR, we may also collect and analyze data related to the provision, use, and performance of the Service (including Customer Data). This data may be used for: 

• Improving and enhancing the Service.
• Developing new features and functionalities. 
• Generating de-identified reports or insights. 

We will not share your Customer Data with third parties without your consent, except as required by law. This data collection and analysis will be performed in accordance with our Privacy Policy, which can be found at persuwise.com/privacy.

11. Warranty, Liability, and Indemnity 

11.1 Persuwise undertakes to provide Services diligently and according to industry standards, with an obligation of means rather than results. It may temporarily interrupt access for maintenance and is not responsible for external or force majeure circumstances affecting access. 

11.2 Persuwise does not guarantee that the Services will be free of errors, defects, or faults. The Services are provided “as is” without any warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

11.3 Notwithstanding anything to the contrary, except for bodily injury of a person, Persuwise and its suppliers, officers, affiliates, representatives, contractors, and employees shall not be responsible or liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other theory: 

(a) for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business;

(b) for any indirect, exemplary, incidental, special or consequential damages; 

(c) for any matter beyond Persuwise’s reasonable control; or 

(d) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by the Customer to Persuwise for the Services under this Agreement in the 12 months prior to the act that gave rise to the liability, in each case, whether or not Persuwise has been advised of the possibility of such damages. 

11.4 Persuwise shall hold the Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent, copyright, or misappropriation of any trade secret, provided Persuwise is promptly notified of any threats, claims, and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over the defense and settlement. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Persuwise, (ii) made in whole or in part in accordance with the Customer’s specifications, (iii) that are modified after delivery by Persuwise, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where the Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where the Customer’s use of the Service is not strictly in accordance with this Agreement.

12. Term, Termination, and Amendments

12.1 Services are subscribed to for an indefinite period. Users may unsubscribe at any time through their Persuwise profile, resulting in the immediate deletion of their Account. Upon termination, any outstanding fees or charges will still be due and payable by the User.

2.2 Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.

12.3 In addition to any other remedies it may have, either party may terminate this Agreement upon thirty (30) days’ notice if the other party materially breaches any of the terms or conditions of this Agreement.

12.4 Persuwise reserves the right to change these Terms at any time. Users are responsible for checking for updates. Continued use of the Services after modifications implies acceptance of the new Terms.

13. Governing Law and Dispute Resolution

13.1 These Terms of Service shall be governed by and construed in accordance with the laws of Romania. The English version of the TOS shall prevail in case of any discrepancies between translations. Users outside the EU may have additional rights under their local laws.

13.2 Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Romania. The parties may also agree to resolve disputes through mediation or arbitration.

14. Miscellaneous 

14.1 Entire Agreement: These Terms of Service, together with any Order Forms and the Privacy Policy, constitute the entire agreement between Wisemind SRL, dba Persuwise and the User concerning the use of the Services and supersede all prior agreements, proposals, or representations, whether written or oral, concerning the subject matter hereof.

14.2 For complaints or further information regarding the Services, please contact us at: 

Email Address: support@persuwise.com 

Postal Address: Wisemind SRL, 61st, sos. Pipera, building 3, ap. 140, 020308, Bucharest, Romania, European Union

14.3 Assignment: Neither party may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the other party, except that Persuwise may assign this Agreement in its entirety (including all Order Forms) without consent of the Customer in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.