Terms of Service · Wunderly

1. Acceptance of the Terms

By accessing or using the Wunderly website, applications, analytics script, forms and related services (collectively, the "Service"), you agree to be bound by these Terms. If you use the Service on behalf of a business or other entity, you represent that you have the authority to bind that entity, and "you" refers to that entity. If you do not agree to these Terms, you may not access or use the Service.

The Privacy Policy, the Acceptable Use Policy and, with respect to your visitors' and requesters' personal data, the Data Processing Addendum (the "DPA") are incorporated into these Terms by reference.

2. The Service

2.1 Description. The Service counts visits to the websites you add to it with an analytics script, provides a contact form and a quote form for each of those websites, shows you who reached out and what they looked at, writes notes about what it counted, checks your websites' pages each week, and emails you a weekly report. Wunderly is operated by Zachary Johnson, an individual doing business as Wunderly, Kentucky, USA. In these Terms, "Wunderly", "we", "us" and "our" refer to that operator. "Visitors" are people who visit your websites, and "requesters" are people who send your forms.

2.2 Accounts. You sign in to the Service with a link sent to your email address. You are responsible for maintaining the security of that email account and for all activity that occurs under your account.

2.3 Eligibility. You must be at least 18 years old, and of legal age to form a binding contract in your jurisdiction, to use the Service.

3. Trial, Plans, Fees and Payment

3.1 Trial. Your account starts with a 14-day trial of the whole Service, for every website you add, without a payment card. We will notify you before it ends.

3.2 Plans. After the trial, each website is billed on one plan, at the prices stated on the pricing page: a price for your first website and a lower price for each other website, monthly or yearly, each including the number of pageviews stated there. Where a website exceeds its included pageviews in a calendar month, the additional pageviews are charged as stated on the pricing page; we will notify you by email before any such charge is made.

3.3 Reseller. Plans are sold by Paddle.com Market Ltd ("Paddle"), our reseller and merchant of record. Your purchase is made from Paddle and is subject to Paddle's buyer terms. Paddle processes the payment, issues invoices and receipts, and handles applicable taxes.

3.4 Renewal, changes and cancellation. A plan renews automatically at the end of each monthly or yearly billing period until it is cancelled. You may add a website, take one off the plan, or cancel at any time in Settings; a website taken off the plan, or a cancelled plan, remains active until the end of the period you paid for.

3.5 When a plan or trial ends. For 30 days after a website's trial or plan ends, the Service continues to count its visits and accept requests through its forms, and you may read everything it has collected, but not change the website's forms or settings. After those 30 days, the Service stops counting and its forms stop accepting requests. Nothing already collected is deleted as a result; it remains subject to the retention periods in the Privacy Policy until you delete it.

3.6 Refunds. You may request a full refund of any payment within 14 days of the date it was made, as set out in our Refund Policy. Payments older than 14 days are not refunded, except where required by law or provided for in Paddle's buyer terms. Refunds are made by Paddle as merchant of record.

3.7 Price changes. We will notify paying customers of any price change at least 30 days before it applies to them. A founding price, where you hold one, applies for as long as your account exists.

4. Your Content

4.1 Ownership. As between you and Wunderly, you retain all right, title and interest in your forms, the requests you receive and the data the Service collects for your websites ("Your Content").

4.2 License to Wunderly. You grant Wunderly a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, transmit and display Your Content solely as necessary to provide the Service to you.

4.3 Export and deletion. You may export or delete Your Content at any time.

4.4 Wunderly's property. Wunderly and its licensors retain all rights in the Service, including its software, design and trademarks. No rights are granted to you other than those expressly set out in these Terms.

5. Your Responsibilities

5.1 Roles. With respect to your visitors' and requesters' personal data, you are the controller and we are your processor, as further described in the DPA. You are solely responsible for your websites, your forms and your use of that data.

5.2 Representations. You represent and warrant that:

you own or control each website you add to the Service, and install the analytics script only there;
your website's privacy notice tells visitors that you use Wunderly, and you have a lawful basis, and any consent your law requires, for the Service's processing of your visitors' and requesters' data. Wunderly is designed to collect as little as it can, but that design does not replace your own legal obligations;
the estimates your quote form displays are given in good faith. The form identifies each estimate as an estimate, and you are solely responsible for the prices in it;
you will not remove or obscure the notices the forms show requesters, including the line about the pages they looked at; and
your use of the Service complies with the Acceptable Use Policy.

6. Service Availability

We use reasonable efforts to keep the Service available, and the status page reports its current state. We do not guarantee that the Service will be uninterrupted or free of errors. We may pause counting, forms or site checks for short periods to perform maintenance; data already collected is retained.

7. Term and Termination

7.1 By you. You may terminate these Terms at any time by deleting your account in Settings, upon which everything in it is deleted. You may delete any one website in its settings.

7.2 By Wunderly. We may suspend or remove any form that violates the Acceptable Use Policy, immediately where people are at risk, and we will notify you of the reason. We may suspend or close your account in the event of repeated violations.

7.3 Survival. Sections 4, 8, 9, 10, 11 and 13 survive any termination of these Terms.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

The numbers and notes shown in the Service are counts of recorded events, made by the definitions published on How we count, and the site checks are automated: they find some problems, not all, and do not certify that a website is accessible or meets any standard. None of it constitutes a promise of revenue, and Wunderly does not guarantee any outcome from your use of the Service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WUNDERLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, BUSINESS OR GOODWILL (INCLUDING A PROSPECTIVE CUSTOMER WHO DOES NOT CONTACT YOU), ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WUNDERLY'S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AND (B) US$100.

Nothing in these Terms limits any liability that cannot be limited under applicable law.

10. Indemnification

You agree to indemnify, defend and hold harmless Wunderly from and against any claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising out of or relating to (a) Your Content, (b) your use of the Service, or (c) your breach of these Terms or of applicable law.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Kentucky, USA, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service is subject to the exclusive jurisdiction of the state and federal courts located in Kentucky.

12. Changes to the Terms

We may modify these Terms from time to time. If we make a material change, we will notify customers by email before the change takes effect. The "Last updated" date above and the changelog reflect the most recent revision. Your continued use of the Service after a change takes effect constitutes your acceptance of the revised Terms.

13. General Provisions

13.1 Entire agreement. These Terms, together with the documents incorporated by reference, constitute the entire agreement between you and Wunderly regarding the Service and supersede any prior agreements on that subject.

13.2 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

13.3 No waiver. A failure to enforce any provision of these Terms is not a waiver of the right to enforce it later.

13.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of the Service.

13.5 Force majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control.

14. Contact

Questions about these Terms may be sent to legal@usewunderly.com.