PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS
Account Access. You must provide your legal full name, a valid email address, and any other information requested in order to complete subscription process. You are responsible for maintaining the security of your account and password. AttentionWizard cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Blocking of IP Addresses. In order to protect the integrity of the Service, AttentionWizard reserves the right at any time in its sole discretion to block Registrants and Subscribers from certain IP addresses from accessing the Website.
Service and Pricing.
AttentionWizard creates visual attention prediction Heatmaps of user-supplied website designs. Heatmaps are offered through monthly subscriptions as well as a-la-carte in allotments of ten (10) Prepaid, Non-expiring Heatmaps. Depending on the subscription plan you select, you will be entitled to varying number of AttentionWizard heatmap Credits (“Credits”) each month. Purchasers of Prepaid, Non-expiring Heatmaps will receive credits for the number of heatmaps purchased. AttentionWizard may change Service features and functionality from time to time.
For purposes of this Agreement the term “Subscriber” includes all paying subscribers, regardless of subscription level, unless where its usage indicates otherwise. The Subscription Fee is payable in United States dollars (including, if any, all applicable taxes).
Subscriptions; A-la-Carte Purchases; Charges on your Billing Account.
1. General. You agree to pay AttentionWizard the monthly subscription fee (“Subscription Fee”) associated with the subscription level you selected during the sign-up process. Monthly recurring payments are charged every 30 days in advance. Non-subscribers agree to pay AttentionWizard $59 for an allotment of ten (10) Non-expiring heatmaps.
2. AttentionWizard Credits. Each month, Subscribers will be entitled to a certain allotment of AttentionWizard heatmap credits. You will not be able to carry over to a subsequent month any unused portion of your monthly AttentionWizard Credits because the Credits will expire at the end of the associated month. Credits cannot be transferred, redeemed or exchanged. Prepaid Non-expiring Heatmaps are excluded from this expiration clause.
3. Payment Method. A valid credit card is required to subscribe to or use the Service. AttentionWizard bills you through a secure online account (your “Billing Account”) for use of the Service. We have an SSL certificate that prohibits your sensitive credit card information from being intercepted. Your complete billing information is not stored on AttentionWizard servers. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay AttentionWizard for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize AttentionWizard to charge your chosen credit card (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. AttentionWizard reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If AttentionWizard does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand.
4. Auto-Renewal of Your Subscription. The "Subscription Period" refers to each 30-day period in which you have paid the monthly Subscription Fee. You will be entitled to receive AttentionWizard Heatmap Credits only during Subscription Periods for which you have paid. All subscriptions will automatically renew at the end of each subscription period until cancelled by you. This date can be found on your Account Dashboard. You will not receive further notice of auto-renewal.
5. Recurring Billing. All of our subscription plans use recurring billing. You will automatically be charged the Subscription Fee at the beginning of each 30-day period unless you cancel the Service before the new Subscription Period begins. By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation. AttentionWizard WILL SUBMIT MONTHLY CHARGES FOR YOUR SUBSCRIPTION WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL YOUR ACCOUNT. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE AttentionWizard REASONABLY COULD ACT.
6. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY AttentionWizard IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE FOLLOWING THE “BILLING INFORMATION” LINK ON YOUR “ACCOUNT SETTINGS” PAGE (YOU MUST BE LOGGED IN TO VIEW THIS PAGE). IF YOU FAIL TO PROVIDE AttentionWizard ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT AttentionWizard MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE.
7. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you pre-authorized, you have the right to receive, and AttentionWizard shall provide, notice of the amount to be charged and the date of the charge at least 60 days before the scheduled date of the transaction. Notice will be sent to the email address currently associated with your AttentionWizard account.
8. Refunds. If you elect to cancel your subscription to the Service during the 1-cent Trial Period, you will not receive a refund on the fee paid to AttentionWizard. If your credit card is no longer valid, then, unless you provide a new valid credit card, AttentionWizard will terminate the Service prior to the start of the subsequent month. Refunds are not granted for recurring Subscription Fees, but Subscribers may cancel their monthly subscription at any time.
9. Cancellation. You are solely responsible for properly canceling your account. You can cancel your account at any time by going to your Account Dashboard page (you must be logged in to view this page) and selecting the “Change or Cancel Subscription” link. An email request to cancel your account is not considered cancellation. Please do not assume your account has been canceled if you email site support. Your cancellation will be effective after the current Subscription Period. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the current Subscription Period. All of your Heatmaps will be accessible for 60 days following the last day of your last paid Subscription Period. Heatmaps will not be available beyond that 60-day period following your cancellation.
10. Collection. Subscribers will pay on all amounts past due, that have not been disputed specifically in writing and in reasonable good faith, an interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment, or the maximum rate permitted by law. Subscriber will be liable for attorneys’ fees and collection costs arising from AttentionWizard’s efforts to collect unpaid balances.
Modifications to Service. AttentionWizard reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AttentionWizard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimers of Warranties. The Website and the Service are provided “AS-IS” and on an “AS-AVAILABLE” basis. AttentionWizard expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AttentionWizard cannot guarantee and does not promise any specific results from the use of the Website and/or Service. You agree that you must evaluate, and bear all risks associated with, the use of any Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. AttentionWizard cannot and does not guarantee compatibility with other systems and hardware.
Third-Party Content. AttentionWizard may provide links to certain third-party Websites. You acknowledge and agree that AttentionWizard is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because AttentionWizard has no control over such sites and resources, you acknowledge and agree that AttentionWizard is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that AttentionWizard is not in any way responsible for any such use by you.
Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will AttentionWizard be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AttentionWizard has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to Registrants or Subscribers; or (vi) any inaccurate or out-of-date content produced by the tools or published in the guides or blog, or Website; or (vii) any other matter relating to the Service. Nothwithstanding any provision to the contrary, AttentionWizard’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to AttentionWizard in the twelve (12) months prior to the claimed injury or damage.
Disclaimers and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.
Indemnity by You. You agree to indemnify and hold AttentionWizard, its parent company EpicSky, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of AttentionWizard’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Term. This Agreement will remain in full force and effect while you use the Website and/or are a Subscriber. You may cancel your Subscribership at any time, for any reason. AttentionWizard may terminate your Subscribership by sending notice to you at the email address you provide in your application for Subscribership, or such other email address as you may later provide to AttentionWizard. If AttentionWizard terminates your Subscribership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of AttentionWizard. AttentionWizard is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your Subscribership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. AttentionWizard reserves the right to refuse service to anyone for any reason at any time.
Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in San Diego County, for the resolution of any such dispute.