Terms of Service
The terms that govern use of the WhyUser platform.
If you signed a separate Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product.
This Agreement is between WHYUSER, INC and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form below and (2) the Framework Terms defined below.
If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.
Cover Page
Order Form
Framework Terms: This Order Form incorporates and is governed by the Framework Terms that are made up of the Key Terms below and the Common Paper Cloud Service Agreement Standard Terms Version 2.1, which are incorporated by reference. Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings given in the Cover Page or the Standard Terms.
Cloud Service: A cloud-based GTM Simulation Platform for B2B marketing teams to stress-test campaigns and content against a synthetic End-Customer Buying Committee grounded in real customer data, allowing them to fix issues before launch.
Order Date: The Effective Date
Subscription Period: 1 month(s)
Cloud Service Fees: Certain parts of the Product have different pricing plans, which are available at Provider's pricing page. Customer will pay Provider the applicable Fees based on the Product tier and Customer's usage. Provider may update Product pricing by giving at least 30 days notice to Customer (including by email or notification within the Product), and the change will apply in the next Subscription Period.
Payment Process: Automatic payment: Customer authorizes Provider to bill and charge Customer's payment method on file Monthly for immediate payment or deduction without further approval.
Non-Renewal Notice Period: At least 30 days before the end of the current Subscription Period.
Key Terms
Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word "Customer" in the Agreement will mean that company.
Provider: WHYUSER, INC
Effective Date: The date Customer first accepts this Agreement.
Governing Law: The laws of the State of Delaware
Chosen Courts: The state or federal courts located in Delaware
Covered Claims:
Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else's intellectual property or other proprietary rights.
Customer Covered Claims: Any action, proceeding, or claim that (1) the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else's intellectual property or other proprietary rights; or (2) results from Customer's breach or alleged breach of Section 2.1 (Restrictions on Customer).
General Cap Amount: The fees paid or payable by Customer to Provider in the 12 month period immediately before the claim.
Notice Address:
For Provider: notices@whyuser.com
For Customer: The main email address on Customer's account
Attachments and Supplements
DPA: If your use of the Service requires the processing of personal data under GDPR or CCPA, our Data Processing Agreement located at whyuser.com/dpa is hereby incorporated by reference into these Terms. For enterprise engagements, a custom-negotiated Bonterms DPA is available on request; where executed, it supersedes the public baseline DPA for that engagement.
Privacy Policy: Our Privacy Policy is available at whyuser.com/privacy and governs the collection and use of personal data in connection with the Service.
Security Documentation: A description of the technical and organizational security measures applied to the Service is available at whyuser.com/security.
Questions your reviewer still has?
The architecture page covers what we read, what we never touch, and where data goes. Everything is answerable before you talk to us.