Website Terms of Use
Effective: May 1, 2026
By accessing or using https://waypointmetrics.com/, or any of its related websites or platforms (collectively, “the Website”), owned by Waypoint Metrics (“Waypoint Metrics”, “us”, “our”, “we”), you (“you”, “User”) agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Waypoint Metrics.
Please see Waypoint Metrics’ Privacy Notice for more information on how we process your personal data, and those policies form an integral part of these Terms and are hereby expressly incorporated.
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, CLASS ACTIONS OR OTHER COURT PROCEEDINGS.
THESE TERMS OF USE ALSO CONTAIN LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION PROVISIONS THAT MAY LIMIT YOUR RIGHTS PURSUANT TO APPLICABLE LAW.
1. INTRODUCTION TO THE WEBSITE AND SERVICES
1.1. Waypoint Metrics provides a Website and an online platform with various tools and content available (collectively, the “Services”).
1.2. The Website, Services, and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Waypoint Metrics uploading the amended Terms to the Website. Your continued access or use of the Website or Services constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
1.3. Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offence.
1.4. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of the person, and you consent to Waypoint Metrics using this information to provide the Services to you and as otherwise explained in the Privacy Policy.
2. THE SERVICES AND WARRANTIES OF USE
2.1 By using the Website and/or the Services, you warrant that:
2.1.1 you have read and agreed to these Terms and will use the Website and Services in accordance with them;
2.1.2 you have not made any misrepresentations and the information you provide is true, accurate and complete;
2.1.3 unless expressly agreed otherwise, you are the age of majority in your country of residence and/or possess the legal authority to act on behalf of your organization, and lawfully possess and submit all information to the Website for the use of it or the Services;
2.1.4 you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website or Services;
2.1.5 you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or alter or interfere with the front end ”look and feel” of the Website or the underlying software code;
2.1.6 you will not infringe any third party or the Website’s intellectual property or other rights or transmit content that you do not own or have the right to publish or distribute;
2.1.7 you will not use the Website platform or Services for any commercial purpose other than as expressly provided for by Waypoint Metrics;
2.1.8 you will not use the Website or Services to breach any applicable law or regulation or perform or encourage any illegal activity; and
2.1.9 you will not facilitate or assist any third party to do any of the above.
2.2 The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilize the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.2.3 Waypoint Metrics may suspend or terminate access to the Website if it reasonably believes you have violated these Terms.
2.3. Without prejudice to any of Waypoint Metrics’ other rights (whether at law or otherwise), Waypoint Metrics reserves the right to deny you access to the Website or the Services where Waypoint Metrics believes (in its reasonable discretion) that you are in breach of any of these Terms.
2.4. Waypoint Metrics does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
3. RECEIPT AND TRANSMISSION OF DATA MESSAGES
3.1 Data messages, including e-mail messages sent by you to Waypoint Metrics will be considered to be received only when acknowledged or responded to.
3.2 Data messages sent by Waypoint Metrics to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
3.3 Waypoint Metrics reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
3.4 Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Waypoint Metrics is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from Waypoint Metrics to a User or from a User to Waypoint Metrics.
4. HYPERLINKS
4.1 The Website may include links to other internet sites ("third-party sites"). Waypoint Metrics does not own or endorse third-party sites and is not responsible for the information, material, products or services contained on or accessible through third-party sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of third-party sites.
4.2 The User’s access and use of third-party sites remain solely at the User’s own risk and on the terms set by the relevant third party.
5. INTELLECTUAL PROPERTY PROTECTION
5.1 All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organization and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and Waypoint Metrics in use of the Services, (“the intellectual property”) are owned (or co-owned or licensed, as the case may be) by Waypoint Metrics, and are protected from infringement by domestic and international legislation and treaties.
5.2 Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Waypoint Metrics first being granted, which consent may be refused at the discretion of Waypoint Metrics. No modification of any intellectual property or editorial content or graphics is permitted.
5.3 Waypoint Metrics reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website, will not be affected by such suspension or termination (as the case may be).
5.4 Where any of the Website intellectual property has been licensed to Waypoint Metrics or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
5.5 Subject to adherence to the Terms, Waypoint Metrics grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Website on any machine of which the User is the primary user. However, nothing contained on the Website should be construed as granting any license or right to use any intellectual property without the prior written permission of Waypoint Metrics.
5.6 Any inquiries regarding any of the above relating to intellectual property must be directed to Waypoint Metrics using the Contact information below
6. DISCLAIMERS AND WARRANTIES
6.1 The Website, including any intellectual property appearing therein, is provided "as is" and "as available". Waypoint Metrics makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.
6.2 All information or opinions of users made available on the Website in relation to any of the Services are those of the authors and not Waypoint Metrics. While Waypoint Metrics makes every reasonable effort to present such information accurately and reliably on the Website, Waypoint Metrics does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
6.3 Waypoint Metrics, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom.
6.4 Our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will Waypoint Metrics, its shareholders, employees, partners and affiliates, accept liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, arising out of or related to these Terms or the Website or Services (however caused and on any theory of liability, including negligence). Our aggregate liability arising out of or relating to these Terms or the Website or Services will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
6.5 We work hard to provide the best Services we can. Our Website and Services, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. Waypoint Metrics takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Waypoint Metrics does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The User’s access to and use of the Website remains solely at the User’s own risk, and the User should take their own precautions accordingly.
7. INDEMNITIES
7.1 The User indemnifies and holds harmless Waypoint Metrics and its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the User’s use of the Website or Services offered or concluded through the Website in any way.
7.2 The User agrees to indemnify, defend and hold Waypoint Metrics harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the User’s breach of these Terms.
7.3 This clause will survive termination of this agreement.
8. TERMINATION
8.1 The obligations and liabilities of the parties incurred prior to the termination date of the agreement with these Terms shall survive the termination of this agreement for all purposes, including the payment of any fee due and payable to Waypoint Metrics.
9. ARBITRATION OF DISPUTES
9.1 EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES (EACH, A “DISPUTE”), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT, WITH RESPECT TO ANY DISPUTE, (A) WAYPOINT METRICS AND YOU ARE EACH WAIVING THE RIGHT TO A COURT ACTION AND A TRIAL BY A JURY; (B) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; (C) CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED; AND (D) YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
9.2 The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (currently available online at AAA Rules, Forms & Fees | ADR.org), as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you.
10. GENERAL
10.1 This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.2 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorized representatives.
10.2 No indulgence, leniency or extension of time granted by Waypoint Metrics shall constitute a waiver of any of Waypoint Metrics’ rights under these Terms and, accordingly, Waypoint Metrics shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the User which may have arisen in the past or which might arise in the future.
10.3 Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
10.4 The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
10.5 The User’s access and/or use of the Website and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Washington, D.C., United States of America, without regard to conflict of law provisions. Subject to Section 10 (Arbitration), any action related to the Terms and Services shall be brought only in the state and federal courts of Washington, D.C. and both Parties waive any objection to, and expressly agree to submit to, the personal jurisdiction of and venue in such courts.
10.5.1 Should any dispute, disagreement or claim arise between the parties concerning use of the Website or the Services, the parties shall endeavor to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind
10.6 In the event of a User failing to timely pay any owed fee to Waypoint Metrics or breaching these Terms, the User shall be liable for all legal costs and fees (including collection commission) which may be incurred by Waypoint Metrics in relation to the payment failure or breach.
10.7 Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
10.8 No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 10.8