Terms and Conditions

These Terms and Conditions (Terms) govern your access to and use of the wicadu software-as-a-service platform, tools, and related websites, applications, and services (collectively, the Services)

The Services are provided by w SpA, a corporation organized under the laws of Chile, doing business as wicadu (wicadu, we, our, us). wicadu is a registered brand in Chile

All content available on wicadu, including but not limited to images, texts, graphics, logos, icons, and videos, is the exclusive property of wicadu or its respective owners. It is prohibited to use any content from wicadu without prior written authorization from wicadu

wicadu is not responsible for illegal or inappropriate content uploaded by users. It is the sole responsibility of the user to ensure that all content uploaded to the platform is legal and does not infringe upon the intellectual property rights or other rights of third parties.

wicadu reserves the right to remove any content it deems inappropriate without prior notice. Furthermore, wicadu will not be liable for any damage or harm resulting from the user's improper use of the platform

wicadu reserves the right to modify these terms and conditions at any time and without prior notice. It is the user's responsibility to periodically review these terms and conditions

Hosting and providers. You acknowledge and agree that the Services are hosted and delivered using third-party infrastructure and providers (including, without limitation, Auth0, Cloudflare, OpenAI, AWS, Microsoft Azure and Paddle). Your data may be processed and stored by such providers in locations they operate. wicadu is not responsible for acts or omissions of third-party providers

Integrations. If you enable or use third-party services, apps, or plugins with the Services, your use of those third-party offerings is subject to their terms and privacy policies. wicadu is not responsible for third-party services and may disable integrations that pose security, legal, or operational risks

No uninterrupted service. The Services may be unavailable or degraded due to maintenance, updates, security patches, emergencies, force majeure, or outages of third-party providers (for example, if Cloudflare, AWS or Azure is down). You acknowledge that the Services may be offline at any time and agree that wicadu has no liability for such downtime

Data backups. You are responsible for exporting or backing up your content as appropriate for your business needs

Privacy. wicadu will handle personal data as described in wicadu's Privacy Policy. You are responsible for providing legally compliant notices to, and obtaining any required consents from, your Users and your buyers

Marketing communications and marketing use. You consent to wicadu using your contact information and account usage information for wicadu's marketing and product communications, including email and in-product messages. You also consent to wicadu using aggregated or de-identified data to improve and market the Services. You may opt out of direct marketing communications at any time via unsubscribe links or by contacting wicadu Help Center. Opting out may not limit service or transactional messages

wicadu implements reasonable administrative, technical, and physical safeguards designed to protect the Services and your data. However, no system is perfectly secure, and you acknowledge that you provide data at your own risk consistent with these Terms

IP. As between the parties, the owner of wicadu holds all rights, title, and interest in and to the Services, including software, technology, designs, templates, documentation, and all related intellectual property rights. Except for the limited rights expressly granted, no rights are granted to you

Feedback. If you provide feedback or suggestions, wicadu may use them without restriction or obligation

wicadu may remove or disable access to any content alleged to infringe intellectual property rights and may terminate repeat infringers. To submit an IP complaint, contact wicadu Help Center with: (a) identification of the work or right claimed to be infringed; (b) identification of the allegedly infringing material and its location; (c) your contact details; (d) a statement of good-faith belief that the disputed use is not authorized; and (e) a statement that the information is accurate and that you are the rights holder or authorized to act for the rights holder. wicadu may share your notice with the user who posted the content

By wicadu for cause. We may suspend or terminate all or part of the Services (including account access) immediately if we believe you or your Users have violated these Terms, pose a security or legal risk, or cause harm to the Services or others

By you. You may cancel at any time via your account settings; cancellation takes effect at the end of your current billing term unless otherwise provided

Effect. Upon termination or expiration, your right to access the Services ends, and we may delete or disable access to your account and content after a reasonable period, except where we are legally required to retain data

Refunds. If your account is suspended or terminated for violation of these Terms or other misuse (including IP infringement), you are not entitled to any refunds for amounts already paid, and any unpaid amounts become immediately due

You represent and warrant that you have all necessary rights to your User Content and your stores, and that your use of the Services complies with law

The Services are provided "as is" and "as available." To the maximum extent permitted by law, wicadu disclaims all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. wicadu does not warrant that the Services will be uninterrupted, error-free, or secure, or that content will be preserved or free from loss or corruption

To the maximum extent permitted by law, wicadu will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, goodwill, data, or business interruption, even if advised of the possibility

wicadu's aggregate liability for all claims arising out of or related to the Services or these Terms will not exceed the amounts you paid to wicadu for the Services giving rise to the claim in the twelve (12) months before the first event giving rise to liability

The limitations in this section apply even if any limited remedy fails of its essential purpose and to all theories of liability

Indemnification. You will defend, indemnify, and hold harmless wicadu, its affiliates, and their officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your stores, products, or services; (c) your use of the Services in violation of these Terms or law; or (d) alleged infringement or violation of rights by your content or activities

Export controls and sanctions. You represent that you and your Users are not subject to sanctions and will not use the Services in violation of applicable export control and sanctions laws. You will not permit Users in embargoed or restricted territories to access the Services

Force majeure. wicadu will not be liable for delays or failures caused by events beyond its reasonable control, including failures of third-party hosting, networks, or utilities; denial-of-service attacks; acts of God; labor disputes; or governmental actions

These Terms, the Services, and any dispute or claim arising out of or relating to them are governed by the laws of the Republica de Chile, without regard to conflict-of-law rules

Exclusive venue. The parties irrevocably submit to the exclusive jurisdiction of the courts of Santiago de Chile, and waive any objection to venue or inconvenient forum there

Consumers. If you are a consumer and mandatory law provides otherwise, this section does not limit your non-waivable rights

We may modify the Services and these Terms from time to time. If we make material changes to the Terms, we will provide notice (for example, via email or in-product). Changes are effective on the stated effective date. If you continue using the Services after the effective date, you accept the changes. If you do not agree, you must stop using the Services before the changes take effect

Entire agreement. These Terms, any order, and any policies referenced herein (including the Privacy Policy) form the entire agreement between you and wicadu regarding the Services and supersede prior or contemporaneous agreements on the same subject

Assignment. You may not assign these Terms without wicadu's prior written consent. wicadu may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets

Severability; waiver. If any provision is found unenforceable, it will be modified to reflect the parties' intent or, if not possible, severed, and the remaining provisions will remain in effect. No waiver of any term is a further or continuing waiver

Relationship. The parties are independent contractors; no agency, partnership, or joint venture is intended or created

wicadu notices may be provided via the Services, email, or your account address. Your legal notices to wicadu must be sent to: w SpA `77 (dot) 695 (dot) 519 (dash) 7`, Cerro El Plomo 5931 - Office 1213, Región Metropolitana, Chile; and by email to `legal (at) wicadu (dot) com`

IP complaints must follow Section "Claims of IP infringement; notice and takedown"

Effective date: August 21, 2025

Last updated: August 21, 2025