July 3, 2018
Limited License: Use of Service
Permitted Practices: Emails and Messages
Call Center Services
DATA Analytics Services
Third Party Services
Compliance with applicable law
Change of Terms
Customer Service Contact
PLEASE Read the Terms carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth in the terms. If you do not wish to be bound by the Terms, you may not access or use the Service and should immediately cease such use. Wix may modify these Answers Terms at any time, and such modifications shall be effective immediately upon notice, which may be accomplished by posting the modified answers terms on the site or via email. Your use of the Service following such notice shall be deemed your acceptance of such changes. You agree to review the Terms periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Terms.
Limited License: Use of Service
Wix grants you a limited personal, non-exclusive and non-transferable, non–sublicensable, limited and fully revocable right and license to access and use the Services for your internal purposes only.
The Service may contain, without limitation, the Wix Answers Customer Support Platform, call center infrastructure and functionality and various other support services.
2. Permitted Practices: Emails and Messages
The Services may not be used for the sending of marketing materials and/or for unsolicited email messages (hereinafter “Messages”). You must ensure that all recipients to whom you intend to send Messages (each a “Recipient”), have fully “opted-in” and expressly consented to receive Messages from you and, therefore, have specifically acknowledged that you may be sending them Messages. You may not send any Message to a recipient who never expressly consented to receipt of Messages, except as permitted under applicable law.
We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, or Messages from entering, utilizing or remaining within the Services.
In your use of the Services, you shall represent yourself and/or your organization and the purpose of the Message accurately, will not impersonate any other person, whether actual or fictitious and will include your valid physical address in your emails.
You acknowledge that your ability to send Messages can be limited by the Services, including without limitation, in terms of scope, size and amount of Messages sent, or otherwise.
3. Call Center Services
You understand that the Services are not intended to support or carry emergency calls to any emergency services such as public safety answering points and that Wix will not be held liable for any claim, damages or loss (and you hereby waive any and all such claims or causes of action), arising from or relating to your (or your End Users’) inability to use your Services subscription to make such emergency calls. Please make sure that you have alternate means to send and receive emergency calls.
We reserve the right to reclaim any phone number from your User Account and return that number to the relevant numbering plan if you do not send sufficient traffic over that phone number such that the phone number is unutilized or underutilized, as defined by any local, federal, and/or national regulatory agency and/or governmental organization with oversight over the relevant phone number and numbering plan. If we seek to reclaim a phone number from your User Account, excluding suspended User Accounts, we will send you an email at least one (1) week in advance telling you that we are reclaiming the phone number, unless we’re otherwise prevented from doing so by the applicable regulatory agency or governmental organization. We also reserve the right to reclaim phone numbers from a User Account suspended for failure to pay and/or suspended for suspected fraud or other illegal activity.
You acknowledge that we or our Third Party Services providers are the “customer of record” for all phone numbers provided as part of our Services, and as such have certain rights with respect to porting phone numbers. You understand and agree that you may use the phone numbers provided as part of our Services subject to these Answers Terms. Unless otherwise required by law, we reserve the right to refuse to allow you to port away any phone number in our sole discretion.
You acknowledge that access to the Service will be provided over various facilities and communications lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, “Carrier Lines”) owned, maintained, and serviced by providers of Third Party Services, all of which are beyond Wix’s control. Wix assumes no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the Carrier Lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the Carrier Lines. Use of the Carrier Lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
You acknowledge that telephone calls can and will be recorded on your behalf and you agree to comply with all state and federal laws, regulations and rules prior to recording any telephone calls and you expressly warrant and represent to Wix that you shall comply at all times with such laws, rules and regulations. We make no representations or warranties with respect to call recording and recommend that you always secure consent before recording. You acknowledge that these representations and obligations are essential to the ability of Wix to provide you with access to call recordings and you further agree to indemnify, defend and hold Wix and its officers, directors, owners, employees, agents, consultants and vendors harmless from and against any and all liabilities, losses, claims, damages, causes of action, costs and expenses (including attorneys’ fees) that may be incurred by Wix arising out of or related to your acts or omissions in connection with call recordings, whether such claims arise under contract, tort, statute or other legal theory.
You represent and warrant that the owners of the phone numbers and emails which you contact have given prior express consent or otherwise opted-in to the receipt of Messages as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information on your calls or Messages when required to do so by any applicable law or regulation. You further agree that any individuals requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and you further agree that you will not initiate any subsequent Messages or calls to any individuals after they request DNC status.
You understand that you are the sole or designated sender/email marketer of any Messages sent by you through our Service, pursuant to any law or act and any rules or regulations promulgated thereunder, applicable to your use of the Services.
4. DATA Analytics Services
If you use the data analytics services, you understand and agree that (a) the analysis presented to you is based on the accuracy of the information provided by you and your End users and we shall not be liable to you for your inability to use or interpret the analysis; and (b) if your access to and/or use of the Services or User Account is suspended or terminated, you shall not be able to use these services.
Such Coding activities may not operate correctly or as intended. The Coding is provided to you “AS IS” without warranty or technical support of any kind. The entire risk arising out of the use or performance of the Coding remains with you. Notwithstanding anything to the contrary in the foregoing, in no circumstances will Wix be considered a “publisher” or endorser of any content, materials or features used or created by you in connection with the Coding. Furthermore, Wix assumes no liability for any content, materials and/or features created, integrated, incorporated, uploaded, posted, contributed or otherwise made available by you (subject in any event, to the confidentiality provisions contained herein) or any other party on or through the Coding, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with accessing and/or using the Coding and/or relying on any element therein, either created by Wix, by you, or by others including in connection with any derivatives thereto.
6. Prohibited Activities: Prohibited Content
you acknowledge and agree that you will not:
Use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party.
Transmit any message, information, data, text, software or image, or other content that is not owned by you or legally licensed to you, or is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
Send through the Service any unethical, false or misleading advertising, promotions or sales efforts and practices.
Transmit any material that contains a virus or corrupted data;
Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, sensitive personal information or any “protected health information” as that term is defined in 45 C.F.R. 160.103.
If you use the Service for any promotion, you will ensure that the rules for each promotion (i) state that each entrant unconditionally releases us of any liability arising from the promotion, and (ii) inform each entrant that the promotion is in no way sponsored, endorsed or administered by, or associated with, us;
use or launch any automated system that accesses the Service (i.e., bot) in a manner that sends more request messages to a Service server in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
Use the Services for the promotion or conduct of any abusive or fraudulent activity.
Use the Services in any manner that violates: industry standards; any third party policies including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction), or requirements that Wix may communicate to its End Users including any usage requirements;
Bypass Wix Security measurements, create or introduce any security threat to Wix, its End Users and Third Party Services providers.
Attempting to mislead Wix or others as to your identity, the identity of the caller or the origin of the phone call;
Send, offer or sell any of the following content, products and/or services:
Pornography or illicitly pornographic sexual products, content and/or services or illegal substances or goods;
That in any manner is libelous, defamatory, scandalous, threatening or harassing;
Products, services or content which is frequently associated with spam, such as: online and direct pharmaceutical sales, debt relief offerings, work-at-home offers promoting “get rich quick”, and betting/gambling services;
7. Third Party Services
The Service may contain links to websites or embed features that are controlled by third parties and access to certain Third-Party Services (including our partners), which may include, without limitation, API platforms, marketing and advertising services, social bookmarking services, phone and SMS and other text messaging services, social network platforms, publication and delivery services, payment processing Services and other payment intermediaries (each, a “Third Party Service(s)”).
You acknowledge that it may be necessary for the Third Party Service provider to access the Customer Information to respond to any technical problems or Customer queries and to ensure the proper working of the Third Party Services.
Billing and Payments. The use of the Service may be subject to payment of particular fees, as determined by Wix in its sole discretion, at any time. Wix reserves the right to require payment by credit card in advance of Services. Fees may include a fixed fee element (the "Fixed Fee") and, depending on the specific features of Wix Answers you use, pre-paid credit element ( the "Credit Fee"; and together with the Fixed Fee: the "Fees").
Upon initial activation of the paid Services Wix will provide notice of the Fixed Fees then in effect in relation to the Services (the “Fixed Fee Notice”). In the event the Fees are not paid by you within the time frame provided by us in the respective Fee notice, we reserve the right suspend your use of the Services until such time as the Fees are paid as requested.
The Fixed Fee portion of the payment may be charged either on a monthly or an annual basis. Prices are subject to change at any time, but any increase of the Fixed Fee will not go into effect until the next billing cycle or contract period if such change may affect your existing subscriptions. We will provide you with prior advance notice of a price increase of the Fixed Fee, and you will then have thirty (30) days in which to cancel your renewal before the new price goes into effect.
Credit Fees for the purchase of pre-paid call center minutes are charged in advance of use, pursuant to Wix’s then-current rates. Minutes used are charged against the credits on your account at Wix Answers. Charges of minutes and call center services against the Credit Fees are subject to change without notice. Credit Fees, including unused credits, are non-cancellable, nonrefundable and are to be paid as instructed by Wix. Unused credits will remain on your account and available for your use for the term in which they are purchased, but upon each renewal and upon termination of the account shall expire without any refund or payment by Wix therefore. If for any reason your usage exceeds the remaining Credit Fees in your account you acknowledge and consent that we will have the right to automatically charge you for such excessive usage even if there are no credits in your account.
If you do not provide your credit card or other payment information to Wix, or any other information or documents as requested by Wix for the purpose of verifying your identity and the nature of your business, and/or fail to pay the Fees as required, your User Account will be suspended or terminated until payment and verification information and charge authorization are provided and approved by Wix. Thereafter, unless terminated as provided herein, your subscription will renew automatically at the then current pricing based on your plan’s renewal cycle.
All fees will be paid in United States dollars (USD).
Failure to timely pay the Fees will also entitle Wix to a late fee in addition to other remedies such as account suspension or termination. The late fee will be either 1.5% per month, or the maximum amount allowable by law, whichever is less.
Regardless of your billing cycle, there are no refunds or credits for partial months of Service, plan downgrades, or refunds for unused time if you close your Wix Answers User Account before the end of your subscription period. Downgrading your plan level may cause the loss of content, features, or capacity of your User Account and we are not liable for such loss.
In the event you are granted free credits by Wix at is sole and absolute discretion, (the “Free Credits”) such Free Credits are subject to the following terms and conditions, as applicable: (i) Free Credits can be used solely as of the purchase of the Wix Answers premium call center Services, as published by Wix on the date of purchase; (ii) Free Credits may not be used against payment for the Fixed Fees; (iii) Free Credits can be used solely for consumption of call center Services up to the aggregate amount of $10 pursuant to the then current Wix rates; (iv) Free Credits may not be transferred in any way; (v) Free Credits may not be redeemed for any Services and products other than the call center Services within the Wix Answers Services. (vi) No cash value or change will be given in exchange for Free Credits; (vii) Following the usage of the entire $10 amount the applicable terms specified in the Wix website in connection with prices, charges and other relevant information will apply; (viii) You are responsible for any applicable sales tax; (ix) You are the sole responsible for the lawful use of the Free Credits. In any event of fraud, misrepresentation, impersonation or any abuse or violation of these terms and conditions, or of the Terms, Wix reserves the right to take any or all available legal or administrative actions, without prejudice to any other remedies available to it under applicable law. Other applicable restrictions and exclusions may apply.
9. Other Limitations
Subject to any limitation on the number of individual team members available under the applicable Service plan(s) to which you subscribed, access to and use of the Services is restricted to the specified number of individual team members permitted under your subscription to the applicable Service. You agree and acknowledge that each team member will be identified by a unique username and password (“Login”) and that a team member login may only be used by one (1) individual. You will not share a team member login details among multiple individuals. You and your team members are responsible for maintaining the confidentiality of all Login information for your User Account. Should Wix discover that your use of a Service is not in compliance with this section, Wix reserves the right to charge you, and you hereby agree to pay for, said usage in addition to other remedies available to Wix.
Wix shall have the right to impose different restrictions on the Services, both technical and operational, including without limitations for upload, storage, download and use of the Services in each price plan, restrictions on number of emails sent, number of team members, number on minutes of usage, countries in which the Services are available etc.
Wix shall have the right to deny you registration and access to the Services at its sole discretion.
10. Compliance with applicable law
You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your User Account, including without limitation the electronic transmission of Messages and calls that you create and initiate through the Service (such laws that may apply to you are: the CAN-SPAM Act of 2003, the Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002, The General Data Protection Regulation (GDPR) (EU) 2016/679 and the Telephone Consumer Protection Act of 1991). Without limiting the foregoing, you agree to familiarize yourself with the legalities of any Messages, calls, broadcasts, and campaigns transmitted through the Service by visiting the following websites:
Federal Trade Commission,
Federal Communications Commission,
DoNotCall Registry Info, http://www.donotcall.gov
Wix is in no way attempting to interpret any laws, rules, or regulations. This information is not intended to replace your responsibility to familiarize yourself and comply with all legal requirements in connection with your use of the Services to initiate calls or Messages.
You are responsible for compliance with the provisions of the Terms by your team members and End Users and for any and all activities that occur under your User Account. Without limiting the foregoing, you are solely responsible for ensuring that use of the Services to use and transfer data is compliant with all applicable laws and regulations as well as any and all privacy policies, agreements or other obligations imposed on you.
Once your User Account is terminated, we may permanently delete it and all the data associated with it. We strongly recommend that you keep backups of the User Content you upload or create during the usage of the Services. In any event, following the termination of your Answers User Account either by you or us your data will be retained for a period of 14 days (“Data Retention Period”) from such termination within which you may contact us to export your User Content. Beyond this Data Retention Period, we reserve the right to delete all your User Content in the normal course of operation. Your User Content cannot be recovered once it is deleted. You acknowledge that during the export process some of the User Content may be altered, reduced or lost.
If you terminate your User Account prior to the end of your then-effective subscription term or we effect such termination, in addition to other amounts you may owe us, you must immediately pay any then unpaid subscription charges associated with the remainder of such subscription term, unless waived by us in writing.
12. Jurisdictional Issues
We make no representation or warranty that the Services are appropriate for use in different jurisdictions. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Service to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service.
13. Export Control
The Services may be subject to applicable U.S. export control laws and economic sanctions regulations. You agree to comply strictly with all domestic and international export laws and economic sanctions regulations as they apply to the Services, and, if applicable to obtain any necessary license or other authorization. These laws include restrictions on destinations, End Users, and end use. Without limitation, you may not transfer any Service- related software or other aspects of the Services without U.S. government authorization to any entity on a U.S. government exclusion list (e.g., the Department of Commerce’s List of Denied Persons, Entity, or Unverified List, and the Treasury Department’s List of Specially Designated Nationals and Consolidated Sanctions List). You represent that neither you nor your team members are on a U.S. government exclusion list or under the control of or an agent for any entity on such a list, and you further warrant that you will immediately discontinue use or offering (as the case may be) of any Wix Answers Services if it becomes placed on any such list or under the control of or an agent for any entity placed on such a list.
14. Change of Terms
Wix reserves the right to change, suspend or terminate any of the Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Services (including removal of any materials created by you in connection with the Services) for any reason and/or change any of these Terms with or without prior notice - at any time and in any manner.
You agree that Wix will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
15. Customer Service Contact