Terms and Conditions

1 Definitions

For the purposes of these Terms and Conditions:

• "WIT" or "we": the Customer Experience Intelligence service operated by Eclipse Experience LLC, based in Weston, Florida, USA.
• "Service": the WIT web platform, including dashboards, AI analysis (WITTY), WhatsApp surveys, Google Reviews integration, and all associated features.
• "Customer" or "you": the individual or legal entity that contracts and uses the Service.
• "End user": the Customer's clients who respond to surveys through the Service.
• "Data": all information processed through the Service, including survey responses, comments, and metrics.
• "WITTY": WIT's artificial intelligence engine, built on WITTY IAbot.
• "Subscription": the monthly payment plan contracted to access the Service.

2 Acceptance of terms

By creating a WIT account, clicking "I accept the Terms and Conditions," or using the Service in any way, you confirm that:

• You have read and understood these Terms and Conditions.
• You have legal capacity to contract (over 18 years old or an authorized representative of a company).
• You agree to comply with all provisions set out herein.
• If acting on behalf of a company, you are authorized to bind it to these Terms.

If you disagree with any provision, you must not use the Service.

3 Service description

WIT is a SaaS (Software as a Service) Customer Experience Intelligence platform that enables companies to:

• Send satisfaction surveys (NPS, CSAT, CES) via WhatsApp, QR code, or email.
• Receive and centralize customer feedback in real time.
• Analyze comments, emotions, and patterns using artificial intelligence (WITTY).
• Manage detractor cases with automatic closed-loop follow-up.
• Integrate with and respond to Google Business Profile reviews.
• View metrics and trends through role-differentiated dashboards.

4 Registration and account

4.1 Account creation

To use the Service you must create an account providing truthful, complete, and up-to-date information. You are responsible for keeping your contact and billing information current.

4.2 Access credentials

You are solely responsible for maintaining the confidentiality of your access credentials. You must notify us immediately of any unauthorized access to your account at contact@witadvisor.com. WIT will not be liable for damages resulting from unauthorized use of your account when you have failed to fulfill this obligation.

4.3 Sub-accounts and users

You may create additional users within your account (managers, admins, viewers) according to the permissions in your plan. You are responsible for all actions taken by users you create under your account.

5 Plans and billing

5.1 Available plans

5.2 Billing

The subscription is billed monthly in advance by credit card through Stripe. The billing cycle starts on the account activation date.

5.3 Additional responses

If you exceed your plan's response limit, you may purchase additional packs. Response consumption is cumulative within the current month and does not carry over to the next month.

5.4 Plan changes

You may change your plan at any time from the billing panel. Upgrades apply immediately. Downgrades apply at the start of the next billing cycle.

5.5 Taxes

Stated prices do not include local taxes. Depending on your jurisdiction, VAT, GST, or other equivalent taxes may apply and will be added to your invoice.

6 Acceptable use

6.1 Permitted uses

The Service is designed to manage the experience of your company's customers. You may use it to:

• Send satisfaction surveys to your actual customers.
• Analyze received feedback and make business decisions.
• Manage your online reputation on integrated platforms.
• Coordinate improvement actions with your team.

6.2 Prohibited uses

The following are strictly prohibited:

• Sending unsolicited communications (spam) through the Service.
• Using the Service to collect data from individuals without their consent.
• Falsifying or manipulating metrics, surveys, or identities.
• Attempting to access other customers' accounts or WIT's infrastructure.
• Reselling, sublicensing, or transferring access to the Service to third parties.
• Reverse engineering, decompiling, or attempting to extract source code.
• Using the Service for illegal activities or activities that infringe third-party rights.
• Intentionally overloading the Service infrastructure.

WIT reserves the right to suspend or cancel accounts that violate these provisions, without prior notice and without right to a refund.

7 Intellectual property

7.1 WIT's property

WIT and all its components (platform, code, design, brand, WITTY, documentation) are the exclusive property of Eclipse Experience LLC and are protected by applicable intellectual property laws. Contracting the Service does not transfer any intellectual property rights to the Customer.

7.2 License of use

WIT grants you a limited, non-exclusive, non-transferable, and revocable license to use the Service during the term of your subscription, exclusively for the purposes set out in these Terms.

7.3 Your data

You own the data you input into the Service (your company's data, your locations' data, and your customers' data). WIT processes that data to provide the Service, in accordance with the Privacy Policy. We claim no ownership rights over your data.

7.4 Feedback and suggestions

If you send us suggestions or ideas about the Service, WIT may freely use them to improve the product without any obligation to compensate you.

8 Data and privacy

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms.

8.1 End user data

As a WIT Customer, you act as the data controller for your end customers' data (users who respond to surveys). WIT acts as the data processor. You must:

• Have an appropriate legal basis for collecting your customers' data.
• Inform your customers about the use of their data in accordance with applicable regulations.
• Not send surveys to individuals who have exercised their right to object.

8.2 Data processing agreement

Customers subject to GDPR or LGPD who require a formal Data Processing Agreement (DPA) may request one at legal@witadvisor.com.

9 Service availability

9.1 Service level

WIT commits to maintaining service availability of 99.5% monthly for Growth and Pro plans. Business and Starter plans have a target availability of 99%.

9.2 Scheduled maintenance

WIT may perform scheduled maintenance with a minimum of 48 hours' notice, preferably during low-demand hours (UTC early morning). These periods do not count as unplanned downtime.

9.3 Third-party integrations

The availability of features dependent on third parties (WhatsApp Business API, Google Business Profile, Stripe) may be affected by interruptions in those services. WIT does not guarantee the continuous availability of these integrations and will not be liable for interruptions caused by third parties.

10 Limitation of liability

10.1 Disclaimer of warranties

The Service is provided "as is" and "as available." WIT does not warrant that the Service will be uninterrupted, error-free, or that it will meet all Customer expectations.

10.2 Liability cap

In no event shall WIT's total liability to the Customer exceed the amount paid for the Service in the last 3 months prior to the event giving rise to the damage.

10.3 Excluded damages

WIT will not be liable for:

• Loss of profits, data, business opportunities, or goodwill.
• Indirect, incidental, special, or consequential damages.
• Business decisions made based on WITTY analyses.
• Damages caused by the Customer's improper use of the Service.
• Interruptions caused by third parties (service providers, telcos, etc.).

11 Cancellation and termination

11.1 Cancellation by Customer

You may cancel your subscription at any time from the settings panel or by contacting contact@witadvisor.com. Cancellation takes effect at the end of the current billing period. No refunds are issued for the remaining paid period.

11.2 Termination by WIT

WIT may suspend or terminate your account with immediate effect in the following cases:

• Breach of these Terms, especially the acceptable use provisions.
• Non-payment after 10 days past the due date.
• Fraudulent or illegal activities.
• Request from competent authorities.

In the event of termination for breach, there will be no right to a refund.

11.3 Effect of termination

Upon termination of the subscription:

• You will lose access to the Service and to your data hosted within it.
• You will have 30 days to export your data (except in cases of termination for breach).
• After this period, data will be permanently deleted.

12 Modifications to these Terms

WIT may modify these Terms at any time. For material changes:

• We will notify you by email with a minimum of 30 days' notice.
• We will display a prominent notice within the platform.

If you continue using the Service after the new Terms take effect, you will be deemed to have accepted them. If you disagree, you may cancel your subscription before the effective date without penalty.

13 Governing law and dispute resolution

13.1 Governing law

These Terms are governed by the laws of the State of Florida, United States, without prejudice to the mandatory protections that your country's local law may recognize for you as a consumer or user.

13.2 Amicable resolution

In the event of any dispute, the parties commit to attempting to resolve it amicably within 30 days of notification of the dispute, as a prerequisite to any legal action.

13.3 Jurisdiction

If no amicable agreement is reached, the parties submit to the jurisdiction of the competent courts of Broward County, Florida, USA, unless the mandatory law of your country provides for another jurisdiction.

14 Contact

For any questions related to these Terms:

• General email: contact@witadvisor.com
• Legal email: legal@witadvisor.com
• WhatsApp: +1 786 822 5973
• Web: https://witadvisor.com