Terms & Conditions
[Last Amended: January, 2022]
These terms and conditions (“Terms”) are a legally binding agreement between Wizer Feedback Ltd. (“Wizer”, “we”, “us”, or “our”), and you, a user which access to or otherwise interact with our website, available at https://www.getwizer.com/ (“Website“).
ACCEPTANCE OF THE TERMS: BY ACCESSING, BROWSING OR OTHERWISE USING OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS.
1. THE WEBSITE
We reserve the right to change, modify, suspend, or discontinue any aspect of the Website and the services and Content therein, at any time without notice to you and without any liability to you whatsoever in connection therewith.
2. DEMO SESSION SERVICES
Wizer hereby grants you a worldwide, non-exclusive, non-transferable, non-sub-license license to access and use the Demo Session Services and any work derive therefrom, if applicable (e.g., reports, results, analytics, etc., collectively “Demo Services Derivative Work“) in compliance with these Terms. Wizer reserves the right to revise or terminate the Demo Session Services from time to time subject to its own discretion.
3. REPRESENTATION, WARRANTIES & RESTRICTION OF USE
You hereby represent and warrant that: (i) you are eligible to enter into these Terms, or, where applicable, you have all proper authorization to enter into these Terms; (ii) you are not considered to be a “child”, “minor” or any other similar term, in your jurisdiction and that you are not under the age of 13; and (iii) you will comply with all applicable laws regarding you access to or interaction with the Website, including any intellectual property law.
You further represent and warrant to not, and to authorize or encourage any third party to: (i) use the services, Content or Website, including the Demo Session Services in a non-compliant, unlawful, illegal, fraudulent, inappropriate, or unauthorized manner (including that which would infringe upon the rights of a third party) or that is in breach of applicable law; (ii) circumvent, disable or otherwise interfere with security-related features of the services, Content or Website or prevent others from using the services, Content or Website; (iii) copy, modify, or create a derivative work of the services, Content or Website, in whole or in part; (iv) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the services, Content or Website, in whole or in part; (v) remove, deface, obscure, or alter the services, Content or Website therein including any copyright notices, trademarks, other proprietary rights or disclaimers provided as part of the services, Content or Website; and (vi) use, access or attempt to access the services, Content or Website with any automated means (including robots, scrapers, etc.).
4. INTELLECTUAL PROPERTY
5. The services, Content or Website, including the Demo Services Derivative Work are exclusively owned by Wizer or by third party licensors if applicable (e.g., service providers). Except as explicitly provided to you hereunder, no license, right, title or interest in and to the Website or the Content shall be granted to you, and we or our partners reserve any and all rights, title and ownership to the Website and Content. You shall not use any of Wizer’ copyrights, trademarks, trade names, logo or other Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms or subject to our prior written consent. DISCLAIMER OF WARRANTIES
Except as provided herein, the services, Content or Website are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade, marketability, suitability, incompleteness, applicability or relevance of the Content. You agree that Wizer will not be held responsible for any decision made or action taken or not taken in reliance on the Content nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions or omission. To the fullest extent permitted by law Wizer makes no representations or warranties that the services, Content or Website are or will be available for use in any particular location or at any specific time, and we do not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the services, Content or Website. Your use of the services, Content or Website is at your own risk and responsibility.
6. LIMITATION OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, WIZER, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “WIZER GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, AND THIRD PARTY LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, CONTENT OR WEBSITE, EVEN IF WIZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS HEREIN THAT ARE CAUSED BY AN EVENT BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WIZER GROUP FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT OF FIVE-HUNDRED U.S DOLLARS ($500).
You agree to defend, indemnify and hold the Wizer Group harmless from any third party claims, damages, liabilities and expenses (including reasonable attorney’s fees) arising from (i) your use of the services, Content or Website that does not comply with these Terms, including your negligence and any wrongful act; (ii) your abuse or infringement of third party rights through the services, Content or Website; and (iii) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the services, Content or Website.
You can terminate these Terms at any time by ceasing your use or interaction with the Website and the services and Content therein. We may terminate these Terms at any time, with or without cause, effective immediately.
These Terms shall be governed by and construed in accordance with the laws of the State of Israel without giving rise to any conflict of law principals therein. You hereby agree to resolve any dispute you have exclusively in the competent courts of Tel-Aviv, Israel.
These Terms constitute the entire agreement between you and Wizer with respect to your use of the Website and the services and Content therein. If any provision of these Terms is held to be unenforceable by competent courts, such provision shall be performed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of the remaining provisions hereof under all circumstances. Failure of Wizer to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of Wizer. Your relationship with Wizer is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to create a partnership, agency, joint venture or employment relationship.
11. AMENDMENTS TO THE TERMS
We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Amended” header above. Your continued use or interaction with the Website and the services and Content therein following such amendments constitutes your acknowledgement and consent to be bound by the updated Terms.
12. CONTACT US
If you have any questions about these Terms, please contact us at:
- By email: firstname.lastname@example.org
- By mail: 12 Ha-Omanut St., Netanya, 4250445 Israel