TERMS AND CONDITIONS
Your use of https://www.mcpecomm.com (the “Site”), which is owned and maintained by WowSuite Software Ltd. (“WowSuite”, “we”, “our”, “us”), is governed by the policies, terms, and conditions set forth below.
By visiting or browsing the Site, you (“you”, “your”, “Client” or “Clients”) affirm that you have read, understood, and agree to be legally bound by these Terms and Conditions (“Terms”). If you do not agree, you must not use the Site or any Site’s content. You further represent that you are at least the age of majority in your state or province of residence and have the legal capacity to enter into these Terms.
In the event of inconsistency, the following order applies: (1) Terms and Conditions and (2) Privacy Policy.
1. Definitions
1.1
“Client Data” means all customer, transactional, performance, and other business data collected from or through your connected third-party accounts or platforms (including but not limited to Everflow, Shopify, WowBoost, Google Ads, Meta, TikTok, Stripe, and PayPal) or otherwise provided by you, or generated through your use of the Services.
1.2
“Controller” (called a “Business” under the California Consumer Privacy Act (CCPA)) and “Processor” (called a “Service Provider” under the CCPA) have the meanings given to those terms in:
(i) Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR); and
For the purposes of these Terms, the Client is the Controller/Business for all Client Data. WowSuite acts solely as the Processor/Service Provider and shall process Client Data strictly under your instruction and solely to provide, maintain, secure, and improve the Services. WowSuite does not collect, sell, share, or otherwise use Client Data for its own purposes.
(ii) the CCPA.
For the purposes of these Terms, the Client is the Controller/Business for all Client Data. WowSuite acts solely as the Processor/Service Provider and shall process Client Data strictly under your instruction and solely to provide, maintain, secure, and improve the Services. WowSuite does not collect, sell, share, or otherwise use Client Data for its own purposes.
1.3
“Services” means the hosted, AI-powered analytics, reporting, and managed data-processing services described in Section 2.
1.4
“Subscription” means the fee-based, automatically renewing service plan you select.
1.5
“WowSuite IP” means all intellectual-property rights, whether registered or unregistered, including but not limited to copyrights, patents, trade secrets, trademarks, service marks, trade dress, software code, algorithms, templates, creative works, documentation, databases, data compilations, processes, methods, and know-how developed, owned, or licensed by WowSuite in connection with the Services. All improvements, modifications, and derivative works thereof remain the exclusive property of WowSuite.
2. Scope of Services (“Services”)
The Site enables users to connect their own accounts on Everflow, Shopify, WowBoost, Google Ads, Meta, TikTok, Stripe, PayPal (“Platforms”) and to visualize, analyze, and generate AI-assisted insights from that data . The Services connect Client’s third-party platform data (e.g., Shopify, Everflow, Meta, TikTok, Stripe, PayPal) and apply AI tools to generate analytical summaries and natural-language insights. All results are informational only and not professional advice. WowSuite makes no representations that any AI-generated output is factual, complete, or suitable for reliance without independent verification.
The Services allow Clients to query, analyze and download their aggregated sales and marketing data using natural-language AI tools. WowSuite provides the Services on a subscription basis and may enhance or modify features as needed. The Services are provided solely for business purposes and not for any personal or household use.
WowSuite does not own or control the Client Data sourced from these Platforms; all such data remains the property of the Client. WowSuite functions only as a processor of that data.
Availability of certain integrations or functionalities may depend on third-party APIs or services outside WowSuite’s control. WowSuite is not responsible for any interruption, modification, or discontinuation of such third-party services.
4. Account Registration.
4.1
Subscription Term. The standard initial term of your Subscription begins upon activation and continues for the subscription period selected at checkout. Subscriptions automatically renew unless cancelled in accordance with Section 4.5.
4.2
Billing. Fees are due and billed monthly in advance to your payment method on file. By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; and (ii) WowSuite may charge your payment method on file without additional authorization until all fees are paid.
If you purchase the Service, you must provide complete and accurate billing information and a valid payment method. For paid subscriptions, your payment method will be automatically charged on each renewal period until you cancel. You are responsible for all applicable taxes, which may be collected and remitted by WowSuite when required. If a payment cannot be completed, WowSuite may downgrade, suspend, or terminate the account until payment is received
4.3
No Refunds. Except as required by applicable law or where WowSuite fails to provide the Services for reasons not attributable to Client, all fees paid are non-refundable. Any dispute concerning refund is governed exclusively by the laws of the State of Delaware. A refund will be issued only if, and to the extent that, a non-waivable statute in the Client’s jurisdiction expressly requires it, and then solely in the manner mandated by that statute.
4.4
Payment Standard. WowSuite will maintain Payment Card Industry Data Security Standard (PCI DSS) compliance for those portions of the Services that store, process, or transmit cardholder data.
4.5
Early Cancellation. You may cancel your Subscription at any time by providing written notice to support@mcpecomm.com. Cancellation takes effect at the end of the current billing period. Access to paid features will continue through the paid term.
4.6
Price Changes. WowSuite may change subscription prices from time to time. Any price increase will take effect on the next renewal after at least thirty (30) days’ prior notice, and Client may cancel before the effective date if it does not agree to the new price.
4.7
Suspension / Termination by WowSuite. We may immediately suspend or terminate your Subscription for non-payment, fraud, willful misconduct, or any unlawful use of the Services, or where continued access would violate law or create material security exposure. Upon any suspension or termination under this Section, your access to the Site and any licenses granted hereunder shall automatically cease. For any other material breach capable of cure, WowSuite shall provide Client ten (10) days’ advance written notice to cure before termination. If the breach is not cured within that period (as reasonably determined by WowSuite), WowSuite may terminate the Services immediately thereafter. During any cure period, WowSuite may suspend affected Services as necessary to protect its systems or comply with law.
If you believe that your account has been suspended or terminated in error, you may submit an appeal to WowSuite by contacting our support team at support@mcpecomm.com.
5. IP Ownership & License
5.1
All software, interfaces, AI models, algorithms, training data, prompts, workflow logic, documentation, and other technology used to deliver the Services (“WowSuite IP”) remain the sole property of WowSuite or its licensors. No ownership rights or implied licenses are granted to Client except as expressly provided below.
5.2
Subject to Client’s compliance with these Terms, WowSuite grants Client a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for Client’s internal business purposes—to query, analyze, and generate reports derived from its authorized Client Data.
5.3
All Client Data that Client uploads, connects, or authorizes within the Services remains the property of the Client.
5.4
Any analytics, reports, or summaries generated by the Services from that Client Data (“Derived Content”) belong to the Client, provided that such ownership does not extend to the underlying WowSuite IP, models, or methodologies used to produce it.
5.5
WowSuite retains a non-exclusive, royalty-free license to use aggregated and de-identified data derived from Client Data solely to operate, maintain, and improve the Services, in accordance with applicable law and the WowSuite Privacy Policy.
5.6
Ownership of Inputs and Outputs. As between Client and WowSuite, and to the extent permitted by applicable law:
(a)
Client retains all ownership rights in its data, queries, prompts, or other information submitted into the Service (“Input”); and
(b)
Client owns all analytical results, summaries, reports, and other content generated from that Input by the Service (“Output”). WowSuite hereby assigns to Client all right, title, and interest, that WowSuite is legally permitted to assign in such Output, subject to any rights retained by third-party model providers, licensors, or data-source providers, and subject to any applicable open-source licenses identified in the documentation.
5.7
Except as expressly permitted, Client shall not, and shall not permit any third party to:
(i)
copy, modify, translate, reverse-engineer, decompile, disassemble, or create derivative works of the Service or WowSuite IP;
(ii)
use the Service to develop, train, benchmark, or operate a competing product or service;
(iii)
resell, sublicense, or otherwise make the Service available to any third party; or
(iv)
remove, obscure, or alter any proprietary notices or attribution displayed within the Service or its outputs.
5.8
Except for the limited license expressly granted in Section 5.2, all rights, title, and interest in and to the WowSuite IP, the Service, and any related materials are reserved by WowSuite. No other rights are granted by implication, estoppel, or otherwise.
5.9
Client understands and agrees that artificial-intelligence and machine-learning technologies are rapidly evolving fields of study. WowSuite continually develops and updates its models and tools to improve accuracy, reliability, and safety. However:
(i)
Output may be incomplete, inaccurate, offensive, or otherwise unsuitable for certain purposes and does not represent the views of WowSuite;
(ii)
Client must evaluate Output for accuracy and appropriateness before using or sharing it, including by human review where appropriate; and
(iii)
Client shall not use any Output relating to an identified or identifiable person for any decision that could have legal or material impact on that person, such as credit, education, employment, housing, insurance, legal, or medical decisions
6. Data Ownership and Privacy
6.1
For purposes of all data-protection and privacy laws, WowSuite acts only as your Processor (or service provider) and processes Client Data strictly on your documented instructions.
6.2
You may view, download, or export Client Data only while your account is active and all fees are paid in full. If your account is suspended or terminated—whether for non-payment or otherwise—WowSuite has no obligation to provide further access to Services. Upon termination or expiry of the Services, WowSuite will permanently delete or irreversibly anonymize all Client Data within thirty (30) days after effective termination, except where longer retention is required by law or by binding obligations from payment processors or financial recordkeeping rules, after which such data will be securely destroyed.
6.3
WowSuite’s collection, use, and safeguarding of Client Data are governed by our Privacy Policy and all applicable data-protection statutes and regulations. For clarity, WowSuite may also use de-identified, aggregated usage data to improve its services, provide benchmarks, or analyze industry trends, provided no client or customer is identified, and such use shall not be deemed a marketing or sales purpose. You are solely responsible for (a) providing all required notices and obtaining all required consents from your customers or end users under the GDPR, CCPA/CPRA, and any other privacy laws that apply to you, and (b) ensuring that your use of the Services complies with those laws.
6.4
WowSuite will notify Client without undue delay, and in any event within seventy-two (72) hours, after becoming aware of any unauthorized access to Client Data.
7. Restrictions on Use
7.1
You agree not to:
(i)
Use the Services to compete with WowSuite or to benchmark, test, or compare WowSuite’s performance with a competing product or service.
(ii)
Share, disclose, or otherwise make your access credentials available to any unauthorized person.
(iii)
Resell, transfer, assign, lease, or sublicense access to the Service or its component.
(iv)
Reverse engineer, decompile, or disassemble the Services except to the limited extent expressly permitted under applicable law to achieve interoperability with independently created software.
(v)
Use the Services for any unlawful, deceptive, or prohibited business activity.
7.1
Client shall not use the Services to promote, sell, or facilitate any illegal, deceptive, or regulated products or practices, including but not limited to health claims without substantiation, counterfeit goods, or unlicensed financial services. WowSuite may suspend or terminate access for violations at its sole discretion.
8. Warranties and Disclaimers
The Site and all AI-generated or analytical outputs are provided for informational purposes only and do not constitute financial, legal, or strategic advice. WowSuite makes no guarantee of accuracy or outcome from the use of such tools. Except as otherwise required by applicable law, the Site and all Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, WowSuite disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. Nothing in these Terms limits WowSuite’s duty to exercise reasonable care in maintaining appropriate data-security safeguards.
WowSuite does not represent or warrant that the Services will be uninterrupted or error-free, or that any defects will be corrected. WowSuite makes no, and expressly disclaims any and all, representations or warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any data, reports, or other content generated through the Services. WowSuite shall not be liable for any loss or interruption resulting from third-party platform outages, API changes, or external service failures beyond its reasonable control.
You acknowledge and agree that use of any outputs or analytical results produced by the Services is at your sole risk. Such outputs are provided for informational purposes only and should not be relied upon as the sole source of truth, factual information, or professional advice.
9. Limitation of liability
To the fullest extent permitted by law, WowSuite will not be liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar losses, whether based in contract, tort (including negligence), strict liability, or otherwise, even if WowSuite has been advised of the possibility of such damages. Notwithstanding any contrary provision in these Terms, WowSuite’s total aggregate liability arising out of or relating to these Terms shall not exceed the greater of the amount you paid for the Service that gave rise to the claim during the 12 months before the liability arose or one thousand dollars ($1,000). To the maximum extent permitted by applicable law, this limitation applies to all claims, damages, liabilities, losses, or causes of action in the aggregate asserted against WowSuite, whether in contract, tort including negligence, strict liability, or otherwise, and regardless of the form or theory of the claim. This limitation does not apply to WowSuite’s gross negligence, willful misconduct, or breach of confidentiality obligations. This limitation does not apply to Client’s obligation to pay any fees, charges, or amounts due under these Terms, to Client’s indemnification obligations under Section 10, or to any liability arising from breach, violation of law, or misconduct by Client, including breaches of confidentiality or intellectual property obligations.
To the fullest extent permitted by law, any claim, action, or proceeding arising out of or relating to these Terms or the Services must be filed within one (1) year after the cause of action accrues; otherwise, it is permanently barred.
10. Compliance with Law / Export Controls
Client agrees to comply with all applicable laws and regulations, including U.S. export control and sanctions laws. The Client represents and warrants that it is not, and is not owned or controlled by, any person or entity named on any U.S. government restricted-party list.
11. Indemnification
You agree to indemnify, defend, and hold harmless WowSuite, its parent company, subsidiaries, affiliates, licensors, and each of their respective directors, officers, employees, owners, and agents from and against any and all third-party claims, demands, actions, losses, liabilities, damages, judgments, settlements, costs, and expenses—including reasonable attorneys’ fees and court costs—arising out of or related to (i) your use of the Services; (ii) your breach of these Terms; and/or (iii) your violation of any law or of any right of a third party.
12. Force Majeure
WowSuite will be liable for any failure or delay in performance under these Terms (except for payment obligations) caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, embargoes, government actions or restrictions, cyber-attacks, denial-of-service attacks, widespread internet or cloud-service provider outages, failure or interruption of power or communications systems, or outages or changes in third-party APIs, data providers, or hosting services.
13. Governing Law & Dispute Resolution
These Terms are governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its conflicts of laws principles.
Any dispute arising from or in connection with these Terms, including but not limited to statutory claims, data privacy claims, and any claims arising under data-protection, data-security, or consumer-protection laws, shall be resolved exclusively by binding arbitration conducted in English at American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be held in a location in the United States as agreed by the parties, before a single, neutral arbitrator appointed by the AAA. Hearings may be virtual or at any mutually agreed venue. To the maximum extent permitted by applicable law, the Parties waive any right to a jury trial, to bring or participate in a class action, or to pursue consolidated or representative claims in any forum. Clients retain any non-waivable rights under applicable law.
Notwithstanding the foregoing, WowSuite shall have the right, without first initiating arbitration or proving actual damages, to seek immediate equitable relief, including temporary restraining orders and injunctions, from any court or tribunal of competent jurisdiction, to prevent or enjoin any actual or threatened breach by Client of WowSuite’s intellectual property rights or confidentiality obligations under these Terms, including any misuse of WowSuite’s funnels, code, or confidential information.
Any arbitration or court proceeding shall be conducted only on an individual basis. Class, collective, consolidated, or other representative actions (including private-attorney-general actions) are waived by Client. Unless both parties agree in writing, the arbitrator may not consolidate claims or preside over any class or representative proceeding. If this waiver is unenforceable as to any claim, the entire arbitration clause is void and all claims must be brought exclusively in the competent courts located in Delaware, subject to the governing-law clause.
Where mandatory consumer laws of your jurisdiction prohibit binding arbitration, disputes shall be resolved in the competent courts of your residence.
14. Miscellaneous
14.1
Entire Agreement. These Terms (together with all its amendments), the Privacy Policy and any applicable service order constitute the entire agreement and understanding between you and WowSuite, and supersede and replace any prior or contemporaneous agreements. No failure or delay by WowSuite in exercising any right under these Terms constitutes a waiver of that right, nor will any single or partial exercise of a right preclude further exercise of the same or any other right.
14.2
Modification. WowSuite, at its sole discretion, may update or modify these Terms from time to time. We will notify you of any change by (a) e-mail sent to the address on file for your account or (b) a notice displayed on the Site. Non-material changes become effective when the notice is sent or posted. Material changes (those that affect your payment obligations, dispute-resolution rights, or other substantive legal rights) will become effective thirty (30) days after we provide notice, unless a later date is stated. If you do not agree to a material change, you must cancel your Subscription before such change takes effect. Your continued use of the Services after the effective date constitutes acceptance.
14.3
Severability & Survival. If any provision of these Terms is held unlawful, void, or unenforceable, that provision will be enforced to the maximum extent allowed by law, and the unenforceable portion will be deemed severed without affecting the validity of the remaining Terms.
14.4
Assignment. You may not assign, delegate, or otherwise transfer your rights or obligations under these Terms, and any attempted assignment is null and void. WowSuite and its affiliates may freely assign or transfer their rights and obligations, with notice, in connection with a merger, asset sale, reorganization, or other business transaction.
15. Contact Information
If you have any questions regarding these Terms, please contact us at:
WowSuite Legal Team
