Wizfayer - Terms of Conditions

Wizfayer

Welcome, and thank you for your interest in www.wizfayer.com (the "Website") owned and operated by Wizfayer LLC, a California Limited Liability Company, and hereafter referred to in these Terms of Service as "Wizfayer", "us", "our" or "we". Wizfayer is a Software as a Service (“SaaS”) platform. Unless otherwise specified, all references to our services (the “Service” or "Services") include the content and Services available through the Wizfayer Website, as well as any software and technology, or Mobile Application that Wizfayer makes available to you, which permits you to access our Services. The term “Company”, “Employee”, "user", "you" or "your" refers to the user of the Service, including visitors that do not register for an account or purchase any Services from Wizfayer. For the avoidance of any doubt the following Terms of Service is a legally binding contract between Wizfayer and a registered Company, its registered Employees, other users and visitors that do not register for an account.

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Our Service
1. Wizfayer is a SaaS platform that allows Companies to flexibly and efficiently manage the use of their office space or workplaces. Once a Company registers for an account the Company uploads information about available desks, meeting rooms, floor plans, building photos, etc. The Company sets up reservation policies for desks, rooms and conference rooms based upon certain established Company criteria. Employees of the Company may register to use the Service, upload their business profiles and other information. Employees can then search for available desks, rooms and conference rooms, and reserve one or more for themselves or for a group of employees.
2. Wizfayer reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in the Service and its components (including all software, technology and other intellectual property rights) will remain with and belong exclusively to Wizfayer.
3. Any modifications and new features added to the Service are also subject to this Agreement.
Acceptance of Our Terms
1. Please read the following Terms of Service (the "Terms" or the "Agreement") carefully before registering for an account or accessing or using any of the Services. Each time you access or use our Services, you, and if you are acting on behalf of a third party, such third party, agree to be bound by these Terms of Service, whether or not you have registered for an account with us. If you do not agree to be bound by all of these Terms you may not access or use our Service.
2. Wizfayer may change this Agreement at any time by posting an updated Terms of Service on this Website. If any amendment to these Terms is unacceptable to you, you shall cease using this Website or our Services. If you continue using our Website and Services, you will be constructively deemed to have accepted the changes.
3. In addition, certain areas of the Service may be subject to additional terms and conditions that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms and conditions applicable to such areas. In the event that any of the additional terms and conditions governing such area conflict with these Terms of Service, the additional terms and conditions will control.
Eligibility for Our Service
1. By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement.
2. If you are using our Services on behalf of another party, you represent and warrant that you have authority to act on behalf of that other party, and to bind that party to this Agreement.
Accounts and Registration
1. To access our Services through our Website or any Mobile Application we may provide to you now or in the future, you will be required to register for an account. Users may not register for more than one account, nor shall a user use a fictitious name to register for an account.
2. When you register for an account, you may be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, phone number, the name of your Company, your business title, profile photo or other personal information). Some of this information may be of a personal and confidential nature and may include personal identifying information (all "Your Information").
3. If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity or age. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
4. Our collection, use and disclosure of Your Information are governed by this Agreement and our Privacy Policy (see section 5).
Privacy and Your Personal Information

For information about Wizfayer’s data protection practices and privacy policies, please read our Privacy Policy here (Open our Privacy Policy). This policy explains how we treat your personal information, and protect your privacy when you use the Services. You agree to the use of your data in accordance with the Wizfayer Privacy Policy.
Account Management
1. If you have been issued login credentials by Wizfayer in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties to access your account. You may not register for more than one account. You, and not Wizfayer, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Wizfayer immediately.
2. Wizfayer may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
3. We reserve the right to modify, suspend or terminate the Service, your account or your access to the Service for any reason, without notice, at any time, and without liability to you.
4. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you for our Services in these Terms will immediately cease.
Fees for Services; Trial Period.
1. Wizfayer will charge the Company a service fee for each confirmed reservation made using our Services. Service fees do not include any applicable taxes and the Company is responsible for paying all taxes associated with usage of our Services.
2. Payment may be made using a credit card, bank debit/transfer or crypto currency.
3. Wizfayer offers a free three (3) month trial period. The trial period is limited to new users only. Following the expiration of your trial period, your continued usage of the Service will be subject to the then prevailing service fee for each confirmed reservation.
Suspension and Termination of Services
1. Wizfayer may limit, suspend or terminate the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts use of the Service by other users.
2. Wizfayer may also suspend providing the Services to you if we are investigating suspected misconduct by you. Wizfayer will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
3. If your account is limited, suspended or terminated you agree that Wizfayer shall have no liability to you for any lost User Content (hereafter defined) or data associated with your account.
Your Access and Use of our Services
1. Your right to access and use our Services is for your internal business purposes or is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.
2. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
3. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
4. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
5. Our Services may now, or in the future, have "publicly accessible areas" that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Wizfayer shall not, under any circumstances, be liable in any way for any User Content.
6. You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
7. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your purchases or use of the Services.
Proprietary Rights
1. Wizfayer Intellectual Property Rights. Subject to the limited rights expressly granted to you hereunder, as between the parties Wizfayer shall own all right, title and interest, including all Intellectual Property Rights, in and to the Services, software, technology, and Wizfayer data. All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the "Proprietary Marks"), and are owned by Wizfayer. You may not use the Proprietary Marks without our prior written permission. The information, content, documentation, guides, descriptions, advice, and any other content viewable on, contained in, or downloadable from our Services, including, without limitation, all audio files, text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by Wizfayer, or otherwise licensed to us by our content suppliers. All rights not expressly granted in this Agreement are reserved by Wizfayer.
2. User Intellectual Property Rights. Subject to the limited rights expressly granted hereunder, as between the parties you own all right, title and interest, including all Intellectual Property Rights, in and to the electronic data and information submitted by, or for you to the Services, or collected and processed by, or for you as a result of your use of the Services ("Your Data"). You grant Wizfayer and its subcontractors a worldwide, royalty-free, non-exclusive license to host, copy, transmit, display and use Your Data to provide, administer and ensure the proper operation of the Services and related systems, and to provide our Services, and perform our rights and obligations under this Agreement.
3. Disclosure of Your Data. Wizfayer shall not disclose Your Data to third parties, except: (i) as necessary to provide the Services to you; (ii) to our service providers who are not permitted to use such data except on behalf of Wizfayer, (iii) as required by law or to comply with legal process; (iv) to protect and defend the rights or property of Wizfayer, including as evidence in litigation; (v) to troubleshoot problems with the Services; (vi) to any successor in interest, including as part of a merger, acquisition or transfer of assets, or as part of a bankruptcy proceeding; or (vii) in aggregate or de-identified form.
4. User Comments and Suggestions. You hereby grant to Wizfayer, without any expectation of compensation, a nonexclusive, royalty free, worldwide, transferable, sub-licensable, perpetual, irrevocable license in and to all suggestions and comments regarding the Wizfayer Services including, without limitation, features, usability, improvements, corrections and use.
Your Data; Confidentiality
1. You own and retain all rights to Your Data. You are responsible for the accuracy, quality, integrity, and legality of Your Data. You agree to abide by applicable laws and regulations regarding your access and use of Your Data with the Service, and you acknowledge that the Service is not designed to process or manage any sensitive, personally identifiable information that is subject to specific regulations or laws that impose increased protections and obligations with respect to handling that type of information ("Protected Information").
2. You are responsible for (i) properly configuring the access rights for your authorized users, i.e. Employees and management personnel, (ii) your authorized users access and use of the Service, and (iii) the secure transmission of Your Data to the Service. Wizfayer will maintain administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of Your Data. Wizfayer will promptly notify you of any actual or suspected breaches of security that may result in the unauthorized access, use or disclosure of Your Data and will cooperate with you in the investigation and remediation of any such breach of security.
3. You manage and control access by your authorized users to your account, and the use and processing of Your Data by the Service. User data will not be accessed by Wizfayer except as necessary to identify, investigate, or resolve technical problems with the Service or to verify your compliance with the terms of this Agreement. User data that is accessed by Wizfayer will be kept confidential, handled according to applicable laws and regulations, and not be shared with any unauthorized personnel.
4. Wizfayer may disclose Your Data if the disclosure is necessary to comply with a valid court order or subpoena or to comply with applicable law, rule or regulation of a governmental authority. However, Wizfayer will promptly notify you of the request for such disclosure and will cooperate with you if you choose to contest the disclosure, seek confidential treatment of the Your Data to be disclosed, or to limit the nature or scope of the Your Data to be disclosed.
Privacy and Your Data Security

We will maintain industry-standard administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Your Data. We protect Your Data using commercially reasonable technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. Although we take measures to secure Your Data, we do not promise, and you should not expect, that Your Data will always remain secure. We cannot guarantee the security of our information storage, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In the event that any of Your Data under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulation.
Use of Our Content
1. We grant you a limited, revocable, non-exclusive, non-sublicensable license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
2. You may not modify Our Content or the Collective Work, or utilize them for any commercial purpose or any other public display, performance, sale or rental; nor may you decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
User Content Rights and Related Responsibilities; License to Wizfayer
1. "User Content" means, without limitation, any textual material, floor plans, schematics, digital files, documents, images, photos, videos, music, audio, comments, personal profile (including user photo), artwork, messages, reviews, feedback, suggestions or any other content you upload, transmit or otherwise make available to Wizfayer via our Services. You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Wizfayer and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.
2. You retain all right, title and interest that you have, or have received from others, in the User Content that you upload or submit to Wizfayer. By submitting User Content on or through the Service, you grant Wizfayer a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, re-use, reproduce, transmit, print, distribute, copy, store, cache, archive, index, categorize, comment on, edit, alter, modify, adapt and translate without the requirement of any permission from, or payment to you, or to any other person or entity, in any manner, and in any and all media now known or hereafter devised.
3. In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
4. You acknowledge, agree and grant permission that any User Content you submit to our Service in a publicly viewable area of our Service may be viewed by other users, any person visiting or participating in the Service and by the public in general.
5. You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by Wizfayer resulting there from.
6. It is possible that users may post or transmit offensive materials that you may be involuntarily exposed to, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Wizfayer with respect to said offensive User Content.
7. Wizfayer may block, remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
8. You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
9. User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy.
10. Do not submit or upload publicly any private information or information you do not wish to be seen by others, or which you do not want to be shared or edited by others. Wizfayer has no control over User Content once posted to a publicly viewable area of our Service, and it is possible that visitors to the Website may copy User Content from a publicly viewable area and repost it elsewhere.
11. If you provide Wizfayer with any suggestions for improvement to our Service, or new features or functions to add to our Service, you do so without the expectation of any compensation therefore, and grant to us a perpetual, irrevocable, fully transferable and sub-licensable worldwide license to use and exploit your suggestion without any royalty or other compensation to you.
12. You agree not to submit or upload to the Service or Website any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material.
Wizfayer Software License

Wizfayer hereby grants you a non-exclusive, non-transferable, revocable license to use the Wizfayer Software for one Wizfayer account. You may not: (i) modify, disassemble, decompile or reverse engineer the Wizfayer Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Wizfayer Software to any third party or use the Wizfayer Software to provide time sharing or similar services for any third party; (iii) make any copies of the Wizfayer Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Wizfayer Software, features that prevent or restrict use or copying of any content accessible through the Wizfayer Software, or features that enforce limitations on use of the Wizfayer Software; or (v) delete the copyright, trademark and other proprietary rights notices on the Wizfayer Software. You acknowledge that Wizfayer may from time to time issue upgraded versions of the Wizfayer Software, and may automatically electronically upgrade the version of any Wizfayer Software that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Wizfayer Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Wizfayer Software or any copy thereof, and Wizfayer or its third party partners or suppliers retain all right, title, and interest in the Wizfayer Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Wizfayer reserves all rights not expressly granted under this Agreement. The Wizfayer Software originates in the United States, and is subject to United States export laws and regulations. The Wizfayer Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Wizfayer Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Wizfayer Software.
Information Accuracy
1. We attempt to ensure that information on this Service is complete, accurate and current. Despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Service.
2. Furthermore, information on the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information without notice.
Third Party Links, Services and Content

The Service may now or in the future contain features, services and functionalities linking you to, or providing you with access to third party services, products, content, websites, directories, servers, networks, systems, information, databases, applications, software, programs, courses and the Internet as a whole. Because we have no control over such websites and resources, we are not responsible for the availability of such external sites or resources. Furthermore we do not endorse, and are not responsible or liable for any content or other materials on, or available from, such websites or resources. When you visit or use a third party’s website you agree to read and consent to the third party’s Terms of Service and Privacy Policy, and you release us from any liability.
Electronic Communications
1. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
2. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Additional charges from your telecommunication carrier may apply.
Security

Violating the security of our Services is prohibited and may result in criminal and civil liability. Wizfayer may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to, or use of, data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
Copyright and Intellectual Property Policy

We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person's copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person's intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").

A valid complaint under the DMCA must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work that you claim has been infringed.
3. Identification of the material that is claimed to be infringing and where it is located on the Service.
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. The above information must be submitted to the Copyright Agent at: support@wizfayer.com
Disclaimers; No Warranties
1. ALL SERVICES AVAILABLE FROM WIZFAYER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WIZFAYER AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “WIZFAYER PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER THEY HAVE BEEN PROVIDED BY WIZFAYER OR OUR INDEPENDENT THIRD PARTY SERVICE PROVIDERS.
2. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS AVAILABLE THROUGH THE USE OF OUR SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
3. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES AND INFORMATION ON THIS SITE AT ANY TIME WITHOUT NOTICE; HOWEVER, WE HAVE NO OBLIGATION TO DO SO.
4. THE WIZFAYER PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY SERVICE DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
5. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
6. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
1. IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS TO AND USE OF OUR SERVICES; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON, OR USE OF, OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
2. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED THROUGH OR APPEARING IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
3. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, PUBLIC HEALTH EMERGENCIES, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
4. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF WIZFAYER, AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS, IN CONNECTION WITH OR UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE SUM OF USD $100.
5. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
6. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
1. You agree that you will be personally responsible for your use of the Service; and you further agree to defend, indemnify and hold harmless Wizfayer and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of, the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; and (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right.
2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Release
1. By using the Services, you release, to the maximum extent allowed by law, Wizfayer, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services.
2. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Interruption of Service
1. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
2. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
Governing Law

This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of California in and for the County in which Wizfayer has established its principal office.
Our Remedies
1. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
2. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of California in and for the County in which Wizfayer has established its principal office. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

You and Wizfayer agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Wizfayer (including any claim or dispute between you and a third-party agent of Wizfayer) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Services, the actions of Wizfayer or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
1. Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Wizfayer, except as otherwise stated in this Agreement.
2. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Wizfayer, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Terms, you and Wizfayer are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
3. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WIZFAYER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WIZFAYER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
4. Pre-Arbitration Dispute Resolution. We at Wizfayer believe that most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@wizfayer.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Wizfayer should be sent to the address provided in the Contact Us section at the end of these Terms of Service ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Wizfayer and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Wizfayer may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Wizfayer or you shall not be disclosed to the arbitrator during the arbitration proceeding.
5. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Wizfayer and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, Wizfayer agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys' fees will be governed by the AAA Rules.
6. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
7. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
8. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of California in and for the County in which Wizfayer has established its principal office. You and we agree to submit to the personal jurisdiction of the courts located within the State of California for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of California; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of California.
Law Enforcement
1. Wizfayer is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Wizfayer receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
2. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Wizfayer may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Wizfayer will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
Amendments to this Agreement

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
No Waiver

Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Entire Understanding

This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same, and supersedes all other previous agreements, understandings and/or representations regarding the same.

CONTACT US:

If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at support@wizfayer.com

Wizfayer LLC

Last updated: May 10, 2023