Terms and Conditions for WaveMetrics

The following Terms and Conditions (T&C) govern the use of the SaaS tool “WaveMetrics” and its services. Please read these T&C carefully before using the tool. By using WaveMetrics, you agree to these terms.

1. Acceptance of Terms
1.1. By using WaveMetrics, you automatically and unconditionally accept these T&C. If you do not agree with these terms, you are not permitted to use the tool. If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the authority to bind such an entity to these terms.

2. Services and Subscription Plans
2.1. WaveMetrics offers three subscription plans: Free, Basic, and Professional.
2.2. Subscription Plans

  • Free Plan: Available at no charge and does not require a credit card. This plan includes basic features that allow limited use of the tool.

  • Basic Plan: Available with a 7-day free trial. A valid payment method is required before starting the trial. After the trial period, the subscription automatically starts unless proactively canceled before the trial ends. The Basic Plan includes 1 user, supports up to 5 Google Ads accounts, and provides access to all paid features.

  • Professional Plan: Available with a 7-day free trial. A valid payment method is required before starting the trial. After the trial period, the subscription automatically starts unless proactively canceled before the trial ends. The Professional Plan includes access to all paid features, supports up to 10 users, and 25 Google Ads accounts.

  • Enterprise Plan: For usage exceeding the limits of the Professional Plan, an Enterprise Plan will be agreed upon individually, based on the specific needs and requirements of the user.

2.3. Consent for Automatic Billing: By starting the free trial, you explicitly agree that your payment method will be automatically charged at the end of the 7-day trial period unless you cancel your subscription beforehand

2.4. All subscription plans are subject to periodic updates or changes in feature availability, which will be communicated in advance.

3. Payment Terms
3.1. A valid payment method is required for the Basic and Professional plans, processed via Stripe. Payments are due monthly in advance. You agree that WaveMetrics may store your payment information to process subscription fees.

3.2. Automatic Billing after Trial: When starting the 7-day free trial for the Basic Plan, you are required to provide valid payment information. If you do not cancel the trial before the end of the 7-day period, your subscription will automatically convert to a paid plan, and the payment method provided will be charged.

3.3. Payment Failure: If payment cannot be processed, you will be notified, and access to premium features may be suspended until payment is received.

3.4. Refund Policy: Subscription fees are non-refundable, and no prorated refunds will be issued if you cancel during the billing cycle. If there is a system-wide service failure for an extended period, pro-rated refunds may be provided at WaveMetrics’ discretion.

4. Cancellation and Termination
4.1. Cancellation: Subscriptions can be cancelled at any time before the next billing period is initiated. The cancellation will take effect at the end of the current billing cycle, and no further charges will be made. No refunds will be provided for fees already paid for the current billing period..

4.2. Cancellation during Trial: You may cancel your subscription at any time during the 7-day trial period. If cancelled within the trial period, no charges will be incurred.

4.3. Termination by WaveMetrics: WaveMetrics reserves the right to terminate or suspend your access if you breach these T&C, fail to make payments, or engage in unlawful activities. Any termination will not affect your obligation to pay any outstanding fees.

5. Access to Google Ads
WaveMetrics requires read-only access to your Google Ads account to provide reports and statistics. You retain full control over your Google Ads data, and WaveMetrics will not modify any settings or make changes to your campaigns.

6. Use of AI Features and Data Protection
WaveMetrics includes AI-powered features that analyze the data you provide to deliver insights and optimize your campaigns.

  • Data Privacy: WaveMetrics does not collect or use any of your data for training or improving AI models. Your data is processed solely for providing services to you.

  • Data Protection: All personal data processing complies with the GDPR and other applicable data protection laws. You can access, rectify, or erase your data as per GDPR rights. For further details, please refer to our Privacy Policy.

7. Disclaimer for AI Features
7.1. The AI features are designed to assist with analysis, decision-making, and augmenting product information. However, WaveMetrics does not guarantee the accuracy or completeness of AI-generated insights. Users are responsible for their own decisions based on these insights.

7.2. WaveMetrics does not accept any liability for business outcomes resulting from reliance on AI-driven insights.

8. Terms of Use
You agree to use WaveMetrics solely for lawful purposes. You are responsible for maintaining the confidentiality of your account credentials and all activities under your account. WaveMetrics is not liable for any unauthorized use of your account.

9. Service Availability
WaveMetrics aims to provide continuous access to its services. However, there may be instances where access is temporarily unavailable due to:

9.1. Maintenance: Planned downtime for system maintenance, updates, or upgrades. Users will be notified in advance where possible.

9.2. Technical Issues: Unexpected technical problems or system failures that may occur without prior notice.

9.3. Third-Party Services: Disruptions in third-party services such as Google APIs, which may impact the availability of WaveMetrics services. Such disruptions may occur without prior notice.

10. Limitation of Liability
WaveMetrics is a tool for visualizing data, providing AI-generated content, and automating actions based on user-defined data inputs. The following conditions apply regarding its use:

10.1. Data Visualization, AI Features, and Automation Tools: WaveMetrics provides data visualizations, AI-generated content, and automation tools that rely on user-defined data inputs to help with various processes, including campaign segmentation and optimization. However, users are responsible for configuring these tools correctly and ensuring that the outputs align with their specific goals and requirements.

10.2. User Responsibility: The responsibility for interpreting data, configuring automation tools, making decisions regarding segmentation, ad spend, and optimization lies solely with the user. WaveMetrics does not guarantee the accuracy or completeness of any automated outputs, AI-generated content, or insights. The user is responsible for reviewing and validating the results before taking any action.

10.3. Protection from Misuse and Technical Issues: While WaveMetrics strives to ensure the reliability of its tools, it is not liable for any errors, technical issues, or malfunctions, including potential glitches in the code. Users must review the outputs carefully and are responsible for the final use of any outputs or recommendations generated by the tool.

10.4. Liability: WaveMetrics is not liable for any damages arising from the use, or inability to use, the tool, including any issues related to incorrect use, configuration errors, or technical malfunctions. Your use of WaveMetrics is at your own risk.

11. Changes to the T&C
WaveMetrics reserves the right to modify these T&C. In the event of any changes, users will be notified in advance through email or via notification within the platform. The updated terms will be published on the website, and users will be required to accept the new terms before continuing to use the tool. If you do not agree with the changes, you may terminate your subscription without penalty before the updated terms take effect.

12. Governing Law and Jurisdiction
These T&C are governed by the laws of the European Union. Any disputes arising from them will be subject to the exclusive jurisdiction of the courts in Berlin, Germany.

13. Client Data Protection and Non-Disclosure

13.1. Separation of Structures: WaveMetrics is a standalone product withinSmarketer GmbH. The data processed within WaveMetrics remains strictly within the WaveMetrics product team and is not shared with any other departments of the agency, including the sales team.

13.2. No Proactive Contact with Clients: The agency behind WaveMetrics commits that it will not proactively contact or approach any clients based on information processed through WaveMetrics. Your account information, campaign data, and client lists remain confidential and will not be used for business development purposes by the broader agency.

13.3. Accidental Contact: While we take every precaution to prevent access to your data by other agency structures, the agency cannot guarantee that clients will not be contacted coincidentally by other divisions, as the product team has no visibility into whether your clients are independently approached through other means, unrelated to WaveMetrics.

13.4. Client Confidentiality: We value the confidentiality of your relationships and ensure that your data is treated with the highest level of security and is not shared with third parties, except as necessary to provide the WaveMetrics service, or as required by law.

14. Contact
If you have any questions or concerns regarding these T&C or the use of WaveMetrics, you can reach us at info@wavemetrics.ai.

These T&C are effective as of 21.10.2024.