WEEZZI TERMS OF USE
Effective as of 1 January, 2024
Welcome, and thank you for your interest in Weezzi (“Weezzi,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our websites, applications, free and paid services, software, and any other products or services that we may provide (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Service.
If you are accessing or using our Service on behalf of an organization or entity (“Organization”), you represent and warrant that you have the authority to bind that Organization to these Terms. In that case, “you” and “your” refer to that Organization.
1. ARBITRATION NOTICE
PLEASE READ THIS SECTION CAREFULLY. UNLESS YOU OPT OUT, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WEEZZI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. YOUR ACCOUNT AND CONTENT
Account Creation
- You must provide accurate and complete information when creating a Weezzi account.
- Your account must be registered by a human. Automated registrations (e.g., by “bots”) are not permitted.
- You must be 13 years of age or older to use the Service.
Account Security
- You are responsible for safeguarding your account login credentials (including your password).
- You agree to notify us immediately if you become aware of any breach of security or unauthorized use of your account.
- You may not use another user’s account without permission.
Account Use
- You are responsible for all activities that occur under your account.
- You may not disassemble, decompile, or reverse engineer the Service or attempt (or assist anyone else) to do so, unless such restriction is prohibited by applicable law.
- You may not use the Service for any unlawful purpose, and you agree to comply with all laws, rules, and regulations applicable to your use of the Service and any content or data you upload (“Your Content”).
Fees and Payment
- If you have a paid account, all fees are non-refundable except as required by law or if you cancel within the 30-day money-back guarantee period.
- By default, accounts are set to auto-renew, and you authorize us to charge you for renewal using your selected payment method.
- We may revise fee rates from time to time and will notify you (e.g., by email) at least 30 days prior to your renewal date.
- We may suspend or terminate your account if fees become past due.
No Liability for Data Loss
- We strongly recommend that you maintain your own backup of all Content. Please note, we do not provide a backup service, and you agree not to rely on the Service for Content storage or backup purposes. We are not liable for any changes, suspensions, or discontinuations of the Services, nor for the loss of any Content. Additionally, you acknowledge that the Internet may be vulnerable to security breaches, and submitting Content or other information may not always be secure.
- Weezzi will not be liable for any data loss or corruption, regardless of the cause, including system failures, technical malfunctions, acts of vandalism, hacking, or other malicious or unlawful activities by third parties.
3. YOUR USE OF OUR SERVICE
Modifications and Prohibited Acts
- You may not modify, adapt, or alter the Service in a manner that misrepresents an association with Weezzi.
- You must not access any private API except as expressly authorized by Weezzi.
- You must not interfere with the Service or transmit any malware, viruses, worms, or other destructive code.
Termination of Accounts
- Violation of these Terms may result in suspension or termination of your account in our sole discretion.
- We reserve the right to investigate and take legal action against users who violate these Terms.
Third-Party Applications
- If you integrate any third-party application with our Service, you consent to sharing Your Content with that third-party.
- You should review any third party’s privacy policy to understand how it handles your data.
4. GENERAL CONDITIONS
Suspension and Termination
- We may suspend or terminate your account (or stop providing the Service entirely) at any time without liability to you for any reason, including if we believe you have violated these Terms or created a legal exposure or risk to us.
- We will attempt to notify you of termination or suspension via the email associated with your account.
- Upon termination, you will lose access to Your Content stored in your account.
Changes to These Terms
- We reserve the right to modify these Terms and our Service at any time.
- We will provide reasonable advance notice (e.g., by posting the changes on our website) before the changes become effective, except where a change is required by law or for administrative reasons.
- By continuing to use our Service after the effective date of updated Terms, you agree to be bound by those updated Terms.
Access and Verification
- We reserve the right to refuse access to anyone for any reason at any time.
- We may verify your identity or account information (including through third parties).
- You agree to cooperate with identity or account usage verification processes.
Data Charges and Communications
- You are responsible for any data charges incurred through your use of the Service.
- By creating an account, you agree that we may send you informational or promotional messages (including SMS). You may opt out of promotional messages at any time.
Support and Diagnostics
- To provide you with support or help diagnose problems, Weezzi employees or contractors may need to access your account or data (with your implied permission when you contact support). If you prefer not to grant this access, please specify that request.
5. RIGHTS AND OWNERSHIP
Ownership of Content
- “Content” means any data, text, files, graphics, photos, video clips, audio clips, works of authorship, links, tasks, or other materials.
- “User Content” means any Content that users (including you) upload or create in the Service.
- Weezzi Content (“Our Content”) includes all materials Weezzi provides in the Service—such as text, graphics, images, code, designs, and any related software.
Our Content
- We (and our licensors) own and retain all rights, title, and interest in Our Content.
- You agree not to copy, distribute, modify, or create derivative works of Our Content without our express written permission.
Your Content
- We do not claim ownership of User Content you submit or create through the Service. It remains yours.
- However, we need certain limited rights from you to operate the Service (e.g., to host or display Your Content). By using the Service, you grant us those rights solely as needed to provide and improve the Service.
- We may also collect and use anonymized data to improve our Service, create benchmarking reports, or for other internal purposes.
User Submissions
- Any suggestions, ideas, or feedback you provide become our property to use as we see fit without any obligation to compensate you.
Copyright and IP Violations
- If you believe that your copyrighted work has been infringed, please contact us with a notice of alleged infringement, as required by applicable law (e.g., under the DMCA).
6. DISCLAIMER OF WARRANTIES
As Is, As Available
- The Service (including Our Content) is provided on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis.
- To the fullest extent permitted by law, Weezzi disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
No Guarantee
- Weezzi does not guarantee that the Service will be error-free or uninterrupted, or that defects will be corrected.
- Weezzi does not warrant that our servers are free of harmful components such as viruses, or that data breaches by malicious third parties will never occur.
Data Security and Loss
- You acknowledge that the Internet may be subject to security breaches and Weezzi is not liable for any loss of data, whether as a result of hacking, unauthorized access, or system failure.
7. LIMITATION OF LIABILITY; WAIVER
Limitation of Liability
- Under no circumstances will Weezzi or its officers, employees, contractors, suppliers, or licensors be liable to you for any indirect, incidental, consequential, or punitive damages arising out of or relating to your use or inability to use the Service.
- In no event will Weezzi’s total liability exceed €100.00EUR.
Assumption of Risk
- You agree that you use the Service at your own risk. You also agree that you bear full responsibility for maintaining backups of Your Content and for taking security precautions to protect your account.
Release
- You release Weezzi from any and all claims, demands, and damages arising out of or connected with any dispute you may have with another user or third party in connection with our Service.
8. INDEMNIFICATION
You agree to defend (if requested by Weezzi), indemnify, and hold harmless Weezzi, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your access to or use of the Service;
- Your breach or alleged breach of these Terms;
- Your violation of any third party’s rights, including intellectual property or privacy rights;
- Any claim that Your Content caused damage to a third party; or
- Your violation of any law, rule, or regulation.
9. ARBITRATION
Mandatory Arbitration
- Except for Excluded Disputes (defined below) or if you opt out as described herein, you agree that any dispute or claim arising out of or related to these Terms or your use of the Service shall be settled by binding, individual arbitration under the American Arbitration Association’s rules for consumer-related disputes.
Class Action Waiver
- You waive your right to participate in any class action or class-wide arbitration. You may bring claims only on your own behalf.
How to Opt Out
- You must notify Weezzi in writing within 30 days of the date you first agree to these Terms if you wish to opt out of arbitration.
- If you opt out, neither party can require the other to participate in arbitration.
Excluded Disputes
- Disputes concerning intellectual property rights (e.g., trademarks, copyrights, patents, trade secrets) are excluded from mandatory arbitration.
10. TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with Weezzi must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
11. GOVERNING LAW & VENUE
These Terms are governed by the laws of Portugal, without regard to conflict of law principles. For any dispute not subject to arbitration, or if you opt out of arbitration, you agree to submit to the personal jurisdiction of the courts located in Lisbon, Portugal.
12. TERMINATION
We may terminate this Agreement or suspend your access to the Service at any time, with or without notice, for any reason. Upon termination, you lose all access to the Service, and we may delete your account and Your Content without liability.
13. SEVERABILITY AND NO WAIVER
If any provision of these Terms is held unlawful or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce any right or provision under these Terms does not constitute a waiver of such right or provision.
14. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Weezzi regarding your use of the Service. They supersede and replace any prior or contemporaneous agreements, terms, or conditions, written or oral, regarding the same subject matter.
You may not assign your rights or obligations under these Terms without our prior written consent. Weezzi may freely assign or transfer these Terms without restriction.
15. TERRITORIAL RESTRICTIONS AND EXPORT CONTROLS
The Service is not intended for distribution or use by any person or in any country or jurisdiction where such distribution or use would violate local laws or regulations, including those of Portugal or the European Union. By accessing or using the Service, you represent and warrant that you are not located in any country or on any list where such export, distribution, or use is prohibited by Portuguese or applicable EU regulations.
16. CONTACT US
If you have any questions regarding these Terms, please contact us at:
Weezzi
