1. Agreement to these Terms
By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization. If you do not agree, do not use the Service.
2. The Service
WholeFrame unifies your advertising, store, margin, and customer data into a de-duplicated, profit-true source of truth and provides analytics, reporting, and advisory recommendations. Recommendations, verdicts, and “Judge” outputs are informational and advisory only. Any action taken on an advertising platform requires a human to review and approve it; the Service does not make changes to your ad accounts without your explicit approval. Features described as roadmap or “coming soon” are not part of the Service until released.
3. Eligibility and accounts
You must be at least 18 years old and capable of forming a binding contract to use the Service. You are responsible for the accuracy of your account information, for maintaining the confidentiality of your credentials, and for all activity under your account and organization. Notify us promptly of any unauthorized use.
4. Subscriptions, billing, and trials
Paid features are offered on a subscription basis. Billing is organization-wide: one workspace owns the subscription and its administrators manage the plan for everyone in that organization. Fees are billed in advance on a recurring basis through our payment processor and, except where required by law, are non-refundable. Subscriptions renew automatically until cancelled; you may cancel effective at the end of the current billing period. Free trials, if offered, convert to paid plans unless cancelled before the trial ends. We may change pricing on prospective notice.
5. Your data and connected accounts
You retain all rights to the data you submit or connect to the Service (“Customer Data”). You grant WholeFrame a worldwide, non-exclusive license to host, process, and use Customer Data solely to provide and secure the Service for you, and as described in our Privacy Policy. We do not sell Customer Data, and we do not use it to develop, train, or improve any product or service other than the Service we provide to you. Where Customer Data includes personal data for which you are the controller, our processing of it is governed by our Data Processing Addendum, which forms part of these Terms. You represent and warrant that you have all rights and permissions necessary to connect your platforms and provide Customer Data, and that doing so does not violate any third party’s rights or the terms of those platforms.
6. Acceptable use
You agree not to:
- use the Service in violation of any law or third-party rights;
- access accounts or data you are not authorized to access, or misrepresent your authority to connect a platform;
- reverse engineer, resell, or create a competing product from the Service, except as permitted by law;
- interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to it;
- upload malicious code or use the Service to store or transmit unlawful content.
7. Intellectual property
The Service, including its software, models, design, and content (excluding Customer Data), is owned by WholeFrame and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. All rights not expressly granted are reserved.
8. Third-party services
The Service integrates with third-party platforms (such as Shopify, affiliate platforms like UpPromote, and advertising platforms). Your use of those platforms is governed by their own terms and privacy policies, and we are not responsible for their availability, accuracy, or acts. Access provided through their APIs is subject to change or discontinuation by those providers.
9. Disclaimers
The Service provides advisory analytics, not financial, investment, tax, accounting, or legal advice. Profit-true metrics are our best-effort reconciliation of the data available to us and depend on the accuracy and completeness of your connected sources; we do not guarantee any particular business, revenue, or profit outcome. The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
10. Limitation of liability
To the fullest extent permitted by law, WholeFrame and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Service. Our total liability for any claim relating to the Service will not exceed the amounts you paid to WholeFrame for the Service in the twelve months before the event giving rise to the claim.
11. Indemnification
You will defend, indemnify, and hold harmless WholeFrame from and against claims, damages, and expenses (including reasonable legal fees) arising out of your Customer Data, your use of the Service, or your breach of these Terms or applicable law.
12. Term and termination
These Terms apply while you use the Service. You may stop using the Service at any time, and ask us to close your account by emailing support@wholeframe.io. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or create risk or legal exposure for us. Upon termination, your right to use the Service ends, and we delete or return Customer Data as described in the Data Processing Addendum. Sections that by their nature should survive (including ownership, disclaimers, limitation of liability, and indemnification) will survive.
13. Governing law and disputes
These Terms are governed by the laws of the State of New Hampshire, United States, without regard to its conflict-of-laws rules. The state and federal courts located in New Hampshire will have exclusive jurisdiction over disputes arising out of these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction.
14. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify you. Your continued use of the Service after an update means you accept the revised Terms.
15. Contact us
Questions about these Terms? Email us at support@wholeframe.io or write to WHOLEFRAME LLC, 5 Bartlett Street, Newton, NH 03858, United States.