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WeProtect | Terms of Service
Last Updated: January 18, 2025
Current Terms: https://www.morethanhugs.com
YOUR USE OF THE PROPRIETARY WeProtect PRODUCT & SERVICES OFFERED AT WeProtect AND MoreThanHugs.com (THE "SERVICE"), IS SUBJECT TO THESE TERMS OF SERVICE. IN ORDER TO USE THE SERVICE, YOU MUST AGREE TO BE BOUND BY THESE TERMS OF SERVICE ("AGREEMENT") WITH WeProtect, COLLECTIVELY, "WeProtect", "WE", "US", AND "OUR"). IF YOU DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICE.
The WeProtect General Privacy Notice and the Data Processing Agreement (DPA), are incorporated herein by reference. This Agreement governs your use of the Service however accessed, including via an internet browser, smartphone, tablet, or other internet-connected device.
1. The Service
1.1 The WeProtect Service may include additional services that you subscribe to receive directly from or through WeProtect ("Additional Services"). Some of these Additional Services have specific additional terms that apply to your use of those Additional Services (the "Additional Terms"), and those Additional Terms become part of this Agreement. In the event that an Additional Term directly conflicts with any term in this Agreement, the Additional Term will apply to your use of the Additional Services instead of the term contained in this Agreement. For the avoidance of doubt, any reference to the Service in this Agreement will include the Additional Services.
2. Term and Termination
2.1 Term. This Agreement will remain in effect (a) for as long as you have an active subscription for the Service or (b) if you elect to use the Service for a free trial period, and do not purchase a subscription before the end of such period, until the end of the free trial period (the "Term").
3. Modification of Service or this Agreement
3.1 Levels of Service. The Service may be made available in free or paid versions at different levels. Not all features and functionality of the Service may be available in each version or level. WeProtect reserves the right, in its sole discretion, to modify, add, or remove portions and/or functionality of the Service on a temporary or permanent basis, without liability to you or any third party.
3.2 Modification of Agreement. WeProtect may modify or update this Agreement at any time for reasons such as, but not limited to, (a) accounting for changes in laws that are applicable to our Service (b) clarifying any wording or terms (c) accounting for new products or services (d) preventing or addressing any abuse of Services offered etc. In the event WeProtect determines it is necessary to make a material modification to this Agreement, you will be provided with 30 days’ notice of such change and asked to affirmatively agree to such modified version of the Agreement. Failure to accept the material modifications may result in termination or suspension of your access to the Service. You may review the most current version of this Agreement at: https://www.morethanhugs.com.
3.3 Exclusive Remedy. If you are dissatisfied with the terms of this Agreement or any modifications to this Agreement or the Service, you agree that your sole and exclusive remedy is to discontinue use of the Service.
4. Usage Rights; Restrictions; Support
4.1 Usage Rights. During the Term, WeProtect grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and use the hosted software products and related documentation included in the Service and all modifications and/or enhancements to any of the foregoing via a web browser or other device owned or controlled by you for your internal business use. Nothing in this Agreement obligates WeProtect to deliver or make available to you any copies of computer programs or any of the software used to provide the Service (the "Software"), whether in object code or source code form. You shall not, and shall not agree to, and shall not authorize, encourage, or permit any third party to use the Service:
· upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, fraudulent, obscene, threatening, abusive, hateful, contains viruses, or is otherwise objectionable as reasonably determined by WeProtect;
· for any fraudulent or inappropriate purpose, or in a manner for which it is not intended to be used (as determined by WeProtect LLC in its sole discretion);
· to attempt to decipher, decompile, delete, alter or reverse engineer any of the Software;
· to penetration test, hack or otherwise attempt to test the security of the Software or Service;
· to duplicate, make derivative works of, reproduce or exploit any part of the Service without the express written permission of WeProtect;
· with any robot, spider, other automated device, or manual process to monitor or copy any content from the Service other than copying or exporting of the Data as contemplated in the documentation; or
· to rent, lease, distribute, or resell the Software, or access or use the Software or Services for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Software or displayed in connection with the Service.
4.2 Privacy and Security Safeguards. WeProtect shall maintain commercially reasonable administrative, physical, and technical safeguards for protection of the Service, and the security of your Data. WeProtect shall not (a) disclose your Data for any purpose other than to provide the Service except as compelled by Applicable Law or as you expressly authorize in writing or as otherwise provided in our General Privacy Notice, or (b) access your Data except to provide the Service and prevent or address service or technical problems, at your express request in connection with customer support matters, or as provided in our General Privacy Notice. In the event WeProtect is compelled by Applicable Law to disclose your Data, we will provide you with reasonable notice thereof, (in advance, if possible) if permitted by Applicable Law.
4.3 Your Responsibility. You are solely responsible for your Data, and all uses of your Data that occur through your account or any actions taken by your employees, admins, consultants, agents etc. in your account. Access credentials are for use only by you and by your authorized users, in each case in connection with your use of the Service, and you may not sell, transfer, share, or sublicense access credentials to any other person, or permit any other person to do so. You shall maintain the confidentiality of your access credentials and may not transfer them to or allow them to be used by any third party, other than by your authorized users in connection with the use of the Services. If WeProtect believes access credentials have been compromised or misused, WeProtect may change any or all access credentials or suspend your account.
5. Intellectual Property Rights
5.1 WeProtect Rights. As between the parties, WeProtect owns and shall retain all rights, title, and interest in and to (a) the Software, Service, including all intellectual property rights therein, and (b) all operational and performance data related to your use of the Service and Beta Service, including, without limitation, which features are used, time spent using the Service and Beta Service, and similar data and metadata created in connection with the Service, together with analysis of such operational and performance data and derived findings, correlations, discoveries, and other insights or learnings derived by WeProtect from such analysis (collectively, "Performance Data"). WeProtect may collect, use, and disclose all such Performance Data for its business purposes (such as software use optimization, product marketing, industry benchmarking, best practices guidance, recommendations, or similar reports for distribution to and consumption by you and other WeProtect customers and prospects, etc.), including by combining and analyzing Performance Data with other data. WeProtect shall not disclose Performance Data to any non-affiliated third party unless such Performance Data has been anonymized or de-identified, or is disclosed in aggregated form, in all cases such that Performance Data does not reveal your identity, any of your confidential information, or any personally identifiable information that belongs to you or your employees.
5.2 Your Rights. You retain all rights, title, and ownership interest in and to your Data. WeProtect has no right, title or interest in any personally identifiable information contained in or related to your Data.
5.3 Feedback. To the extent you provide any suggestions, enhancement requests, recommendations, comments, or other feedback about the Service to WeProtect. The Feedback will not be considered confidential or proprietary, and WeProtect may use and include any such Feedback to improve the Service or for any other purpose. Accordingly, if you provide Feedback, you agree that WeProtect shall own all such Feedback, and WeProtect and its affiliates, licensees, clients, partners, third-party providers and other authorized entities may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in the Service or other related technologies, and you hereby assign all rights in such Feedback to WeProtect.
5.4 Deliverables. From time to time during the Term, M WeProtect may develop, author or prepare custom documents, designs, computer programs, computer documentation and other tangible materials for you pursuant to agreement between you and WeProtect. WeProtect shall own and retain all right, title and interest in and to such Deliverables and hereby grants to you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license for you to use such Deliverables for your internal use only during the Term. WeProtect may reuse any Deliverables, provided that such use does not reveal your identity, your confidential information or any personally identifiable information that belongs to you or your employees.
6. Warranties and Limitation of Liability
6.1 Limited Warranty. WeProtect represents, warrants, and covenants as follows: (a) the Service will perform substantially in accordance with the specifications generally provided by WeProtect in connection with the Service ("Documentation"); (b) the provision of the Service will comply with all privacy and data protection laws applicable to our business; (c) we will not sell personal information provided by you, and we will retain, disclose, or use personal information provided by you only for purposes of providing the Service, except as otherwise permitted by applicable law; and (d) any professional services performed for you by WeProtect will be performed in a professional and workmanlike manner, with the degree of skill and care that is required by sound professional procedures and practices.
6.2 DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE LIMITED WARRANTIES PROVIDED ABOVE, MORETHAHUGS HEREBY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE, SOFTWARE, DOCUMENTATION, DELIVERABLES AND OTHER MATERIALS AND/OR SERVICES. WEPROTECT DOES NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.
6.3 LIMITATION OF LIABILITY. EXCEPT FOR (I) A PARTY’S VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, (II) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, OR (III) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (A) IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, AND (B) THE AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER WITH RESPECT TO THIS AGREEMENT IS LIMITED, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TO THE FEES COLLECTED BY OR PAYABLE TO MORETHAHUGS FROM YOU PURSUANT TO THIS AGREEMENT IN THE TWELVE MONTHS PRECEDING THE EVENT FROM WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. THE FOREGOING LIMITATIONS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS UNDER THIS AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THIS AGREEMENT HAS BEEN ENTERED INTO IN RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
7. Indemnification
7.1 You agree to indemnify, defend and hold harmless WeProtect and its subsidiaries, affiliates, assigns, officers, directors, agents, and employees from and against any costs, damages, expenses (including reasonable attorneys’ fees), judgments, losses and other liabilities (including amounts paid in settlement) ("Liabilities") incurred as a result of any third-party action, claim, demand, proceeding or suit ("Claim") to the extent arising from or in connection with (a) your access or use of the Software, Service in violation of this Agreement, (c) User Content or Data provided by you, your end users, or other third parties, (b) your violation or alleged violation of any third party right, including without limitation any right of privacy or any right provided by labor or employment law, and (c) your violation or alleged violation of this Agreement.
7.2 A party seeking indemnification hereunder shall (a) promptly notify the other party in writing of the Claim, (b) give the indemnifying party sole control of the defense of such Claim and all negotiations for the compromise or settlement thereof (provided that if any settlement requires any action or admission by the indemnified party, then the settlement will require the indemnified party’s prior consent), and (c) provide the indemnifying party with all reasonable cooperation, information and assistance in connection with such Claim; provided, however, that failure by the indemnified party to provide prompt notice of a Claim, grant such sole control, and/or provide such cooperation, information and assistance, shall not relieve the indemnifying party of its obligations under this government, except to the extent that the indemnifying party is materially prejudiced by such failure. The indemnified party may be represented by its own counsel, at its own expense.
8. Governing Law; Jurisdiction
8.1 This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, without reference to conflict of laws principles.
8.2 Any legal action or proceeding with respect to this Agreement must be brought in the courts of the State of California and/or the courts of the United States of America for the District of California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
9. Compliance with Laws; Disclaimers
9.1 Each Party shall comply with all Applicable Laws in connection with its own activities under this Agreement. The Service can be configured and used in ways that do not comply with Applicable Laws and it is your sole responsibility to ensure that your employees’ use and your use of the Service, complies with and is in accordance with Applicable Law. In no event shall WeProtect be responsible or liable for your failure to comply with Applicable Law in connection with your use of the Service or a Beta Service.
9.2 WeProtect does not provide its customers with legal advice regarding compliance, data privacy or other relevant Applicable Laws in the jurisdictions in which you use the Service, and any statements made by WeProtect to you shall not constitute legal advice.
9.3 You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
9.4 You acknowledge and agree that the Service is not intended for the use, storage, collection or maintenance of Protected Health Information ("PHI") as defined by the Health Insurance Portability and Accountability Act ("HIPAA") and that WeProtect is not a Business Associate as defined under HIPAA. You agree to not upload or store PHI in the Service.
10. iOS Version
10.1 If you use the iOS version of the Service, you acknowledge the statements set forth in this Section. This Agreement is between you and WeProtect only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or the functionality or content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty and if you purchased a subscription to the Service through Apple, then you may notify Apple and Apple will refund the purchase price for the relevant Service to you; and, to the maximum extent permitted by Applicable Law, Apple has no other warranty obligation whatsoever with respect to the Service. As between Apple and WeProtect, WeProtect is responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Service to conform to any warranty, subject to the terms of this Agreement. Apple is not responsible for addressing any claims brought by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that your possession and use of the Service infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.
11. General Provisions
11.1 Entire Agreement. This Agreement encompasses the entire agreement between you and WeProtect with respect to the subject matter hereof and supersedes all prior representations, agreements and understandings, written or oral. No purchase order or other form submitted by you will modify, supersede, add to or in any way vary the terms of this Agreement.
11.2 No Waiver. The failure of WeProtect to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
11.3 Severability. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall be interpreted so as to reasonably effectuate the intention of the parties and shall not affect the validity and enforceability of any remaining provisions.
11.4 Survival. The provisions of this Agreement that should, by their nature survive termination and/or expiration, shall and do survive such termination and/or expiration.
11.5 Assignment. You may not assign or otherwise transfer (via a change of control or otherwise) any of your rights or obligations under this Agreement without WeProtect’s prior written consent, which consent shall not be unreasonably withheld. This Agreement shall be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns. Any assignment in violation of the foregoing will be null and void.
11.6 No Legal Advice; Reliance. No part of this Agreement is intended or shall be construed as legal advice. WeProtect shall not be liable for any errors or omissions in the content of this Agreement or for any actions taken in reliance thereon.
12. Contact Information
12.1 If you have any questions about the Service or this Agreement, you may call us at +1(669) 255-7596, email us at Hanqi.lyu@weprotect-us.com.
WeProtect is a registered trademark of WeProtect © WeProtect 2022. All rights reserved.
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