gowizi
Terms

Gowizi Terms of Use

 THANK YOU FOR CHOOSING GOWIZI!

This agreement describes your rights and the conditions upon which you may use Gowizi’s Software, Website and Applications. Please kindly review the entire agreement since it applies to you. These Terms of Use were updated on Jan 1st, 2016.

By accepting this agreement or using Gowizi’s Software, Website, Service or Application, you fully agree to all these Terms including the updated Terms, and consent to the transmission of certain information during activation and during your use of the Software, Service or Applications. If you do not accept and comply with these Terms, you may not use any of the Software, Website, Service and Application or any of their features.

Gowizi (“Gowizi” or “we”) provides a platform to develop, create and manage mobile Applications and Website solutions. The following Terms of Use (these “Terms”), govern your access to  use of Gowizi Software solutions (“Software” or “Application”), Website (“Website” or “Site”), as well as they are related to hosting and support Service (the “Service”).

PLEASE READ THESE TERMS OF USE (“TERMS OF USE” or “TERMS”) CAREFULLY PRIOR TO USING THE SOFTWARE, WEBSITE AND SERVICE.

 Account Terms

You may not use the Website if you are not 18 years old. It is forbidden for anyone under the age of 13 years old to use either this Website and/or the Service.

By registering to the Website, you agree to share accurate and updated information regarding yourself and your business including but not limited to your legal full name, a valid email address, and any other information requested in order to complete the sign-up process to open an account

Your account password is private!  And you agree not to share with anyone your account information.  In addition, you are prohibited from using another user’s account without written permission made by the user and a written acknowledge given by Gowizi’s support team.

Gowizi is not responsible for the confidentiality of your account information, and you are solely responsible to keep your account information secured and to immediately report to Gowizi once any unauthorized activity  occurred in your account. You fully agree to be the only liable for any use of both your account and your password, including losses you and/or Gowizi may suffer from unauthorized activity performed in your account.

By registering to the Website, you agree to share accurate and updated information regarding yourself and your business.

Service

The Website enables you to get information and contact Gowizi for an enterprise Application, or create, maintain and administer your own mobile Application with your content (do-it-yourself Application). “Content” means files, data, information, graphics, URLs, web pages, icons, images, Software, texts, picture, feeds, audio or video, sounds, or the like.

Certain Software and Service may not be accessible to you until you agree to the applicable Terms (in this Agreement or any additional Terms).

Access and Use

The Software, Service and Applications are licensed, not sold. Under this agreement, Gowizi grant you the right to publish your Application on Apple Store and Google Play Store for your own use only, as long as you comply with all the Terms of this agreement and Gowizi’s privacy agreement. Updating or upgrading your Application in the stores not through Gowizi’s Software and Service will result in an immediate termination of your Website access, Account, Service and Software license.

We reserve all rights (including rights under intellectual property laws) not expressly granted in this agreement. For instance, this license does not grant you any right to, and you may not:

  1. Copy, distribute or modify any part of either the Software or Website;
  2. Rent, lease or lend the Software;
  3. Work around any technical restrictions or limitations in the Software and Service;
  4. Send advertisements, spam, newsletters, etc.;
  5. Reverse engineer, decompile, disassemble the Software, or any attempt to do so;
  6. Disrupt any servers or network connectivity and operation;
  7. Gain unauthorized access to any parts of the website, user accounts, Service, content, servers, storage or network;
  8. Transmit viruses or any code having destructive nature;
  9. Take part in any verbal, physical or written abuse of Gowizi users, employees, affiliates, or Service providers. Any abuse will result in immediate account and license termination; and
  10. Post, upload, hold or send unsolicited email, texts, or “spam” messages.

You agree not to use or launch any automated Software, code or system, including but not limited to, “sniffers”, “robots”, “spiders”, “crawlers” and “offline readers”.

Privacy

Your privacy is important to Gowizi. We use your data as part of Gowizi’s Software, Website and Service, analytics, performance improvement, support, advertising, etc. Accepting this agreement and using the Software means you agree that Gowizi may collect, use, and disclose the data as described in Gowizi’s privacy statemen

Content

You agree not to post, share, upload, publish, submit, send or transmit any Content that:

  1. Infringes, misappropriates or violates any third party’s patent, know-how, copyright, trademark, trade secret, or other intellectual property rights;
  2. Violates rights of publicity or privacy;
  3. May violate any applicable law, regulation or would give rise to civil liability;
  4. Considered to be dangerous, unsafe, fraudulent, false, misleading or deceptive;
  5. Considered to be targeted to children or may be deemed “directed to children” as the term is defined under Children’s Online Privacy Protection Act of 1998;
  6. Considered to be defamatory, obscene, pornographic, vulgar or offensive;
  7. Encourages discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  8. Considered to be violent, threatening or promotes violence or actions that are threatening to any person or entity; or
  9. Promotes illegal activities or drugs traffic.

You agree that Gowizi is not obligated to review or edit any Content, and you are fully liable to any content violation, compliance with these Terms of Service and compliance with the law or governmental entity. We reserve the right, at any time and without prior notice, to terminate, remove, or disable access to any content and/or accounts according to Gowizi’s sole discretion defined as being a  violation of these Terms, privacy, or the law.

Intellectual Property

Gowizi Software, Website, Service and Application, including their templates and themes are protected by copyright, trademark, and Intellectual Property (IP) rights. As used herein, “Intellectual Property Rights” means Software, code, HTML/CSS, Application, data flow, inventions and patents of any type, design rights, utility models and tools, themes and templates, data base, copyrights, trademarks, Service marks, logos, trade secrets or confidentiality rights.

We exclusively own all rights, titles and interests in and to the Software, Website, Service and Application, including all associated with intellectual property rights. You may not duplicate, copy, or reuse any portion of the Software code, Website code, Application code, tools code, themes and template code, or any design elements without having expressed written permission from Gowizi.

You hereby agree to assign to the benefit of Gowizi any modifications, update, change or derivative works of any Service made by you in contravention of the foregoing limitation.

Free Trial Period

We may offer free trial subscription period to use the Service. Free trials only apply to paid Gowizi plans and are terminated automatically upon Application publishing even if the free trial period has not yet ended.

Once your free trial period has terminated, and you do not choose to continue with the Service under Gowizi’s paid plans, you agree that Gowizi may delete any of your content within a commercially reasonable time of 2 months subsequent to the expiration of the applicable free trial.

Service and Prices Modifications

We reserve the right at any time to modify or discontinue, temporarily or permanently, Software, Website, Service and Application (fully or any part thereof) without any prior notice. Such changes by their very nature may cause inconvenience, malfunctions and even failure of operation. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO OR IN RELATION WITH THE PERFORMED MODIFICATIONS OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

Prices for the Software and Service may be subject to change upon 30 days notice from a pricing update of the Website. We may also notify you by messages to your email or Website account.

Updates

We may issue from time to time updates to Software, Website, Service, Application or Content. These updates may be pushed out automatically with no notice. You agree to these automatic updates to Gowizi’s Website and Software on any operation system including but not limited to mobile iOS and Android.

Payments

  1. Payments for Gowizi’s Software and Service may be processed by Gowizi or by third party payment processor that was appointed by Gowizi. At any certain point, the payment processor can be replaced by Gowizi.
  2. All payments are nonrefundable unless specified otherwise under the respective service.
  3. All fees hereunder are exclusive of all taxes, levies, or duties imposed by the taxing authorities. All applicable taxes and charges will be imposed on you and Gowizi will not bear any such fee.
  4. You agree that the payments are made in a currency which is available to the Payment Processor.

Disclaimers

YOUR USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, SOFTWARE, SERVICE  CONTENT AND USER SUBMISSIONS, USER EXPERIENCE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, CORRECTNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

The Software, Website, Service, Application or Content are provided for your convenience only, without any obligation from Gowizi’s side to provide any Service level, technical support or any other type of assistance. We do not commit to meet any specific requirement and do not warrant uninterrupted, stable, secure, or error-free Software, Website and Service.

Limitation of Liability

YOU FULLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL GOWIZI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, REVENUES, GOODWILL, USE, DATA, CUSTOMER OR OTHER INTANGIBLE LOSSES, EVEN IF GOWIZI HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (1) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR DATA; (2) THE USE OR THE INABILITY OR INCAPACITY TO USE THE SOFTWARE, WEBSITE OR SERVICE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, WEBSITE OR SERVICE; (4) AGREEMENTS, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE OR SERVICE; (5) ANY FAILURE, ERROR, INTERRUPTION IN THE FUNCTIONALITY OR AVAILABILITY OF THE SOFTWARE, WEBSITE AND SERVICE;  (5) OR ANY OTHER MATTER RELATING TO GOWIZI SOFTWARE, WEBSITE OR SERVICE.

Indemnity

You agree to defend, indemnify, and hold Gowizi, its officers, directors, employees, subcontractors and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (1) your access to or your use of the Website, Software or the service; (2) your or any third party on your behalf violation of these Terms of Service; (3) your violation of any third party’s right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you; or (4) any claim of one of your users or any third party.

Software, Website and Service Availability

The availability of the Software, Website and Service is not guaranteed in any way.  GOWIZI DOES NOT WARRANT THAT THE SOFTWARE, WEBSITE AND SERVICE WILL OPERATE CORRECTLY, WITHOUT DISRUPTION, INTERRUPTIONS, OR IMMUNE FROM ANY UNAUTHORIZED ACCESS.

General

The Terms of Service together with the Privacy Policy, constitute the entire agreement between you and Gowizi and govern your use of the Software and Service superseding any prior agreements between you and Gowizi (including, but not limited to, any prior versions of the Terms of Service). If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service with remain in full force and effect.

 

Contact Us

For additional questions about the Terms of Service or for general technical support information you may contact Gowizi by email to the following email address:  support@Gowizi.com

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