1. THESE TERMS
1.1 These terms and conditions (the “Terms”) govern your use and access to our services, including our website(s), our application(s), our application programming interfaces (APIs), our notifications, and any information or content appearing therein (collectively our “Platform”).
1.2 By accessing or using our Platform, you agree to these Terms which include our Privacy Policy (available at https://wized.ai/privacypolicy) regardless of whether you are a paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
1.3 You should immediately cease using our Platform if you do not agree to these Terms.
1.4 In these Terms, “us”, “we” and “our” or “Wized” refer to Cospacerr, a company registered in Australia, doing business as Wized.ai.
2. ABOUT US AND HOW TO CONTACT US
2.1 For any questions or problems relating to our Platform, our products or services, or these terms, you can contact us by emailing us at support@wized.ai.
2.2 When we use the words “writing” or “written” in these terms, this includes emails.
3. CHANGE OF TERMS
We may amend these Terms and/or our Platform from time to time and without notice. The most up-to-date Terms will be made available on our Platform. By continuing to use our platform and our services after the changes come into effect, you agree to be bound by the revised Terms. However, we do not undertake to keep our platform updated and we are not liable to you or anyone else if errors occur in the information on our Platform or if that information is not up to date.
4. AVAILABILITY OF OUR SERVICES
4.1 We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible.
4.2 We may release our Platform, as well as specific products, services, functionalities, or features within it, that are still in their beta phase and are being tested and evaluated. These will be clearly labeled as “beta”, “preview”, “early access”, “trial”, or with any words or phrases that convey similar meanings to indicate their preliminary nature. You understand and agree that the platform and any beta services it offers may not be as reliable as our more established offerings and may contain errors or defects that could potentially lead to the loss of tokens or other digital assets. While we commit to making reasonable efforts to identify and rectify any such errors, we cannot guarantee that all issues will be resolved or that recovery of any lost tokens will be possible. Your use of the platform and any beta services is at your own risk, and you agree not to hold us liable for any errors, losses, or damages arising from your use.
4.3 We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your use and/or access to our Platform at any time without notice, including but not limited to, if we believe you are in breach of these Terms or are misusing our Platform or any services we provide. We will not be responsible for any loss, cost, damage or liability that may arise as a result of limiting your use of our Platform and the services we provide.
4.4 We try our best to ensure that our Platform is always available, but we do not guarantee that the operation or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
4.5 You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.
5. YOUR ACCOUNT AND PASSWORD
5.1 In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. We will handle all personal information we collect in accordance with our Privacy Policy (available at https://wized.ai/privacypolicy).
5.2 You should choose a strong and secure password. You must keep your password secure and confidential.
5.3 You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
5.4 We have the right to disable any account, at any time, if in our reasonable opinion you are in breach of these Terms.
5.5 You agree to follow our Acceptable Use Policy, which is set out at the end of these Terms.
5.6 You are responsible for all actions or activities that happen by, through or under your account, unless you report misuse.
6. USE OF THE PLATFORM
6.1 You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
6.2 Subject to your payment of applicable fees, we give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these Terms.
6.3 The licence to use our Platform will terminate if you do not comply with these Terms or other additional terms or conditions imposed by us from time to time.
6.4 You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.
7. YOUR RIGHTS
7.1 You retain your rights to any information or content you submit, post or display on or through the Platform (“Your Content”). By submitting, posting or displaying such content, you grant, and represent and warrant that you have all rights necessary to grant, us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to the applicable provisions in our Privacy Policy.
7.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
7.3 You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these Terms.
7.4 If you believe your intellectual property rights have been infringed, please contact us by emailing us at support@wized.ai.
7.5 If we allow you to post any information on our Platform, we have the right to take down this information at our sole discretion and without notice.
7.6 By submitting a review, comment, or any form of feedback ("Review") through our website or any form provided by us, you explicitly grant us a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, publish, distribute, display, and incorporate your Review in any format or media, including but not limited to our website, promotional materials, and social media platforms. This license includes the right to use the name, alias, or any personal identifier provided in connection with your Review. You acknowledge and agree that Reviews submitted by you are non-confidential and non-proprietary. We reserve the right to use, not use, edit, add to, subtract from, publish, or not publish any Reviews at our sole discretion. You represent and warrant that you own or control all rights in and to your Reviews and that the posting and use of your Reviews by us will not infringe or violate the rights of any third party.
8. OUR RIGHTS
8.1 All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved.
8.2 We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing the rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
8.3 Our name “Wized.ai” and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.
9. TOKENS FOR BETA TESTING
9.1 In connection with the provision of beta, preview, early access, or trial services ("Beta Services"), we may grant, allocate, or provide you with access to tokens or similar digital assets ("Beta Tokens") as part of your participation in testing or providing feedback for our Beta Services.
9.2 You acknowledge and agree that Beta Tokens are provided on a complimentary basis for the sole purpose of use within the Beta Services environment and are not redeemable for any cash value nor represent any monetary claim against us or our Platform.
9.3 Beta Tokens are issued to you without any warranties of any kind, express or implied, and your acceptance and use of Beta Tokens are at your sole risk. We are not liable for any errors, losses, or damages arising out of or in connection with the issuance, use, or functionality of Beta Tokens within the Beta Services or upon the conclusion of the Beta Services period.
9.4 You further acknowledge and agree that Beta Tokens cannot be returned, refunded, or exchanged for cash, credit, or any other form of compensation or value from us or any third parties upon encountering any errors, defects, or dissatisfaction with the Beta Services or the Beta Tokens themselves.
9.5 Beta Tokens are strictly non-transferable and cannot be carried over or utilized in any subsequent versions, updates, or iterations of our product beyond the specific Beta Services for which they were originally issued. You are prohibited from transferring, selling, or assigning Beta Tokens to any other user or third party.
9.6 This clause shall survive the termination or expiration of your participation in the Beta Services or these Terms.
10. PROMOTIONAL OFFERS
10.1 From time to time, we may run promotional offers that allow users to submit an application to receive tokens or digital assets ("Promotion Tokens") as part of a specific promotion ("Promotion"). Eligibility for and participation in such Promotions is subject to the submission of an application and subsequent approval by us.
10.2 Each Promotion is limited to one redemption per person. Users are required to provide accurate and truthful information during the application process. Any attempt to participate in a Promotion more than once by using multiple accounts or identities will result in disqualification and potential revocation of previously granted Promotion Tokens.
10.3 We reserve the right, at our sole discretion, to reject any application to participate in a Promotion for any reason, including but not limited to protecting against fraud, abuse of the Promotion, or violation of these Terms. Our decisions regarding application approvals, rejections, and Promotion eligibility are final and binding.
10.4 By participating in a Promotion, you agree to be bound by these terms as well as any additional terms that may accompany the specific Promotion. We reserve the right to modify, suspend, or terminate any Promotion at any time without prior notice, subject to applicable laws and regulations.
10.5 You acknowledge and agree that Promotion Tokens awarded as part of any Promotion are strictly non-transferable and may not be sold, exchanged, or transferred to any other person or entity, nor can they be used by anyone other than the recipient for whom they were intended, as verified and approved by us. This restriction applies equally to all Promotion Tokens, regardless of the method by which they were acquired or awarded.
11. INTEGRATIONS
We integrate with third-party software to provide a full suite of functionalities to our users. We are not responsible for any issues or loss arising from the use of any third-party software. Your access and use of third-party software is governed by the terms of service or user agreements of that software.
12. FEEDBACK
12.1 We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
12.2 You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback. You further acknowledge that, by acceptance of your feedback, we do not waive any rights to use similar or related ideas previously known to us, developed by us or obtained from sources other than you.
13. LIMITATION ON LIABILITIES
13.1 Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.
13.2 To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, "Our Entities")) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
(a) we provide the Platform and any products or services we offer on an "as is" and "as available" basis, and your access to or use of our Platform is at your own risk;
(b) we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
(c) we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;
(d) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
(e) we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and
(f) we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).
13.3 To the fullest extent permitted by law, Our Entities are not liable to you or others for:
(a) any indirect, incidental, special, exemplary, consequential or punitive damages; or
(b) any loss of data, business, opportunities, reputation, profits or revenues,
(c) relating to the use of our Platform or any products or services we offer.
13.4 We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
13.5 If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
13.6 Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.
14. YOUR REPRESENTATION
14.1 Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.
14.2 If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to these Terms (and our Privacy Policy, Acceptable Use Policy and other documents referred to herein) on behalf of that entity.
15. INDEMNITY
15.1 You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these Terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
15.2 You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these Terms.
16. TERMINATION
16.1 These Terms will continue to apply until terminated by either you or us as follows.
16.2 You may stop using the Platform at any time by deactivating your account.
16.3 We reserve the right to suspend or terminate your access to our Platform, for any reason, including if we reasonably believe:
(a) you are in serious or repeated breach of these Terms (including a prolonged failure to settle any payment);
(b) you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
(c) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
(d) our provision of the Platform to you is no longer possible or commercially viable.
In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
16.4 Upon termination of your access, these Terms will also terminate except for Clauses 12. to 18.
16.5 Where we consider necessary or appropriate, we will report any breaches of these Terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
17. ENTIRE AGREEMENT
17.1 These Terms constitute the entire agreement between any user and us in relation to the subject matter of these Terms. These Terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understanding between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.
17.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurances or warranty (whether made innocently or negligently) that is not set out in these Terms.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance of any products not provided.
18.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
19. CONTACT
19.1 If you have any questions about these Terms or the Acceptable Use Policy, please contact us by support@wized.ai.
20. GOVERNING LAW AND DISPUTE RESOLUTION
20.1 These terms are governed by and shall be construed in accordance with the laws of Australia.
20.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Dispute Settlement Centre of Victoria via their website www.disputes.vic.gov.au. The Dispute Settlement Centre of Victoria will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
As part of the Terms and Conditions, you agree not to misuse the Platform or help anyone else to do so. For example, you agree not to do any of the following in connection with the Platform:
(a) use our Platform for unlawful or unauthorised purposes;
(b) re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;
(c) probe, scan, or test the vulnerability of any system or network;
(d) breach or otherwise circumvent any security or authentication measures or service use limits;
(e) access, tamper with, or use non-public areas or parts of the Platform;
(f) interfere with or disrupt any user, host, or network, for example by sending a virus, Trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
(g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code from the Platform or any related technology that is not open source;
(h) access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;
(i) send unsolicited communications, promotions or advertisements, or spam;
(j) forge any TCP/IP packet header or any part of the header information in any email;
(k) send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
(l) conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
(m) abuse referrals or promotions;
(n) post, publish, upload, display, distribute, or share non-authorised materials including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is unlawful, inappropriate, profane, pornographic, obscene, incident, libellous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
(o) violate the letter or spirit of our Terms and Conditions;
(p) violate applicable laws or regulations in any way; or
(q) violate the privacy or infringe the rights of others.
Last updated: 25 June 2023