TERMS & CONDITIONS

These General Terms & Conditions (the “Terms”), and our Privacy Policy, incorporated herein by reference, set forth the terms and conditions under which Wizer Feedback Ltd. (“Wizer”, the “Company” or “us”), provides (i) its informative website available at: www.getwizer.com (“Site”); (ii) and provides Customers with its Platform  and the Services available therein. By using Wizer’s Services or the Site in any manner, you agree to be legally bound by these Terms, and any and all other terms, conditions, rules, policies or procedures published on the Site or the Platform and related to use of the Services, each as amended by us from time to time.

1. DEFINITIONS

  1. Customer” – any person, entity or its users (i.e., its employees) that purchased the Services, either through an automatic registration process available on the Site or by way of a separate executed agreement.
  2. Platform” – the Company’s proprietary intelligent automated research platform and digital research wizards for researching and understanding Consumer’s needs, and gaining insights regarding the Customer’s target audience.
  3. Respondent” – any individual who responds and answers to a Survey generated by the Platform for the Customer.
  4. Survey” – a survey questionnaire generated by the Platform for the Customer, to be sent to the Customer’s Respondents.
  5. Visitor” – any person visiting the Site or Wizer’s mobile applications. Visitors and the Customers will be jointly referred to as the “user” or “you”.
  6. Work Product” – any and all works of authorship related to the reports, presentations, results, data and materials provided by the Company to Customer, as a result of the Services.

2. SERVICES & LICENSE

2.1.   The Company offers Customers an automated system for
researching and understanding consumers’ needs, and gaining insights regarding the Customer’s target audience. When purchasing the Services, the Customer will be asked to fill in answers to a few questions asked by the Platform, the Platform will automatically generate a Survey tailored in a way intended to obtain the information and analysis requested by the Customer and will generate report or any other Work Product (as and requested by the Customer) according to such Survey responses (“Services“).

2.2.    Subject to these Terms, the Company hereby grants the Customer, a non-exclusive, non-transferable, non-sub-licensable, during the Term of the agreement between the Customer and Wizer only, limited license to use the Platform and integrate or distribute the Survey generated by the Platform for the Customer, in the Customer’s mobile applications, website or any other applicable media, all in accordance with the terms of these Terms.

2.3.    Customer may order, from time to time and for additional charge, professional services such as customization, consultation, distribution of a Survey to a pre-defined audience pool respondents and technical assistance. The fulfillment of any orders for professional services shall be made subject to availability of the Company’s personnel and reasonable prior coordination.

 

3. RESTRICTED

3.1      You hereby represent and warrant that you will not misuse the Site or Services in any way contrary to these Terms or any applicable law, or use the Site or Services in any way which might infringe upon the rights of any other User or other third party.

3.2.    The Customer undertakes not to transfer, sell, assign, sublicense or make any disposition of the Platform, any portions thereof or its access to the Platform, to any other party.

3.3.    Without derogating from the generality of the above, you undertake that you shall not, and shall not permit or assist others to:

3.3.1.    Modify the Site and/or Services, or decompile, disassemble, or otherwise attempt, directly or indirectly, to disrupt the Site and/or Services, servers or networks connected to the Site or the Services;

3.3.2.    Deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site and/or the Services and their underlying software, or other technology, code, algorithm or other proprietary information of Wizer in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services and/or interfere with the automatic process of downloading and/or installing the mandatory updates or upgrades to the Site or Platform, with or without notification;

3.3.3.    Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Site, Services, technology or any software thereto;

3.3.4.     Create a database by systematically downloading and storing all or any content from the Site or the Services;

3.3.5.    Use the Site and/or Services for any illegal, immoral or unauthorized purpose, to encourage criminal behavior or conduct that would constitute a criminal offense under any law, or in a manner that could give rise to civil liability or other lawsuit, including but not limited to, using the Site and/or Services in order to download or distribute content in violation of copyright, for distribution or development of any malware, take any action relating to piracy on the web, etc.;

3.3.6.     Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Platform;

3.3.7.      Create accounts through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;

 

4. ORDERS & FEES


4.1.   The use of the Platform requires registering and creating an account and is subject to payment of the applicable fees. The Services are offered in different pricing, depending on the complexity level of the research package requested by the Customer.

4.2.    By registering as a business entity, a representative personally guarantees that he/she is at least 18 years old, and has the authority to bind the entity to these Terms. The Customer further represents and undertakes that s/he will not use a false identity, impersonate any other person or use a name that is not authorized for use, and that any information provided at the time of registration and thereafter, including any billing information, is complete, truthful and accurate. Customer undertakes to ensure that such information is kept up to date. Customer shall be solely responsible for any and all use of its account.

4.3.     Wizer may, in its sole discretion, refuse access to or use of the Services, and change its eligibility criteria at any time. Wizer may terminate your account immediately and without prior notice if the Customer does not comply with these Terms or if we believe your participation or use of the Services does not comply with any applicable laws.

4.4.    Once Customer has completed the purchase, the Company will confirm receipt of such order by sending a confirmation email to the email address designated in the Customer’s account, which will include a summary of the order and the total fees.

4.5.    All fees are non-refundable regardless of the Customer’s actual later use or distribution of the Survey. Non-payments or late payments of any fees shall bear interest at the rate of 1.5% per month from the date on which such fees have become due and payable.

4.6.     All amounts payable to the Company under these Terms shall be expressed and paid in US Dollars, and are exclusive of any tax, levy or similar governmental charge that may be assessed by any jurisdiction, provided, however, that the Customer shall have no liability for income assessed to the Company.

5. DATA


5.1.    The Company shall process certain data, records and information provided through the Survey (“Raw Data”) or through additional third party data sources (i.e., social networks, search engines, etc.)(“Third Party Data Source”) for the sole purpose of achieving the research goals set by Customer or any other results, and delivering the Work Product.

5.2.    The Customer shall (i) ensure the collection of the Raw Data does not infringe any applicable laws, including without limitation, any privacy regulation, data protection laws and the sending of unsolicited communications (SPAM). Customer represents that the provision of the Survey to Respondents, by any means (including without limitation via Customer’s mobile application, website, emails, or SMS) shall be in compliance with any applicable regulation; and (ii) undertake that the Customer is solely liable for any content or data collected, gathered, uploaded or created through the Services, including, without limitation, the Raw Data and the Work Product.

5.3.    The Customer further acknowledges and agrees that the Company does not monitor or review any Raw Data transmitted via the Platform or Service, and does not guarantee nor represents that either the Raw Data provided by Respondents nor do the Work Products are accurate in all respects, up-to-date or entirely reliable, complete, applicable or comprehensive . The Company expressly disclaims any and all liability in connection with the Raw Data and the Work Products including for any inaccuracies or omissions in Work Products. Any decisions that the Customer makes based on information contained in Work Products or obtained from the Platform are at its sole responsibility. 

5.4.     Notwithstanding the foregoing, the Company may, but is not obligated to, review the data sets and block, delete, add clarifications, terminate access to, or remove any such data that the Company, in its sole discretion, considers to be non-compliant with any of the requirements of these Terms or any law or regulation under applicable jurisdiction.

5.5.     The Customer acknowledges and understands that the Company may use certain data, for the purpose of, among others, continually improving its Platform, Services and solution, and providing relevant benchmarks, analysis and results regarding certain relevant industries.

5.6.     The Raw Data or Third Party Data Source may include Personal Data (as such term shall be defined under applicable data protection regulations). It is hereby clarified that the DPA  shall govern any transfer of Personal Data between the parties.

5.7.    The Customer acknowledges and understands that the Work Product, any other information presented on and generated by the Platform as statistical analysis of Raw Data in connection with the Customer’s Survey, and any other results, conclusions, inference, deduction, analysis, benchmarks, statistics, actionable answers or aggregate data complied, calculated and processed in connection therewith, are all assumptions based, statistically driven, compiled, among others by data obtained from Respondents, or originated from the Customer or other third parties, with no assurance as to the accuracy or validation of such information.

5.8.     The Company may decline an order by the Customer, refuse to generate a Survey, cancel or terminate a Survey or refuse to provide the Services in its sole and absolute discretion, if the Company determines that providing the Services may be unlawful, harmful, offensive, defamatory, invasive of another’s privacy or otherwise infringing of a third party’s rights, hateful, or racially, ethnically or otherwise objectionable, or detrimental in any other respect.

6. OWNERSHIP

6.1.    All Work Product in connection with the performance of the Services shall be owned by the Customer.

6.2.    The Company retains sole and exclusive ownership of all rights, interests and title in the Platform, its code, the Survey (excluding the data provided through the Survey) and any underlying intellectual property rights and know-how associated therewith or with any part thereto, including without limitation any and all trademarks, trade names, copyrights, patents and other intellectual property rights used or embodied in or in connection therewith. Nothing in these Terms shall prohibit the Company in any manner from using, developing, marketing, licensing, or otherwise disposing of the Platform, the Survey or concepts, software or code embodied therein anywhere in the world; nor shall anything herein be construed to grant to Customer any rights in or to any present or future products of the Company, whether or not similar to the Platform.

6.3.    In addition, certain content and information provided on and through the Site and/or Services, including, without limitation, any of Wizer’s, including its affiliates’, trademarks, logos, graphics, designs, information, texts, images, data, underlying software, code, algorithm, technology and other material displayed, available or present through the Site and/or Services, (“Wizer Content”) are the copyrighted and/or trademarked work of Wizer and/or proprietary information and knowledge protected under trade secret, owned exclusively by Wizer and its affiliates and/or licensors. Wizer retains all rights, including any and all intellectual property rights, in the Site, the Services, and the Wizer Content.

7. TERM & TERMINATION

7.1. These Terms shall be in force as of the Customer’s purchase of Services or first use of the Platform, whichever earlier, and for the term specified in the Customer’s order.

7.2. The Company may terminate these Terms, including the License granted herein, upon three (3) days prior written notice to the Customer, in the event the Customer is in breach of the terms of these Terms. For the avoidance of doubt, non-payment or late payment of any fees shall be considered a material breach of these Terms.

7.3. The following Sections shall survive any expiration or termination of these Terms: ‎5 (Data), ‎3 (Restrictions Uses), ‎6 (Ownership), ‎8 (Limited Warranty), ‎9 (Limitation of Liability) and ‎10 (General).

8. LIMITED WARRANTY

8.1.    YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE SERVICES AND ANY OF THEIR CONTENT AND FEATURES, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, ARE USED ONLY AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

8.2.    TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, REGARDING THE SYSTEM BEING ERROR FREE, UNINTERRUPTED, ITS MERCHANTABILITY, TITLE OR FITNESS TO A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND REGARDLESS OF ANY KNOWLEDGE OF CUSTOMER’S PARTICULAR NEEDS. TO THE FULL EXTENT PERMITTED BY LAW, DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. COMPANY SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET OR ELECTRONIC COMMUNICATIONS OR OTHER PLATFORMS NOT CONTROLLED BY COMPANY.

 

9. LIMITATION OF LIABILITY

 

9.1.    THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OF USE, FAILURE OF SECURITY, LOST DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

9.2.    NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, EXCEPT WITH RESPECT TO FRAUD, MALICIOUS ACTS OR GROSS NEGLIGENCE BY THE COMPANY, THE COMPANY’S ENTIRE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE LESSER OF THE (I) AMOUNT ACTUALLY PAID TO COMPANY BY CUSTOMER UNDER THESE TERMS FOR A SINGLE SURVEY; OR (II) USD 200.

10. GENERAL

10.1.    The waiver by either party of a breach of any of the terms and conditions of these Terms must be in writing and will not be construed as a waiver of any subsequent breach of such term or condition or the waiver of the provision itself. A party’s performance after the other party’s breach shall not be construed as a waiver of that breach.

10.2.    During the term of these Terms, Customer hereby approves to be a featured client on the Company’s customer list and grants the Company the right to present itself as supplier of its Services to the Customer.

10.3.    Neither party shall assign these Terms (or any part thereof) without the advance written consent of the other party, except that the Company may assign these Terms in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of the Company’s assets or voting securities.

10.4.    If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that these Terms shall otherwise remain in effect.

10.5.    Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to the conflicts of law provisions thereof. Any claim may be solely brought to the competent courts of the Tel-Aviv district.

10.6.   Amendments and Modifications. We may, at any time and from time to time, to modify these Terms. Modifications to these Terms will be posted on the Site.

10.7.   Entire Agreement. These Terms constitutes the entire understanding between the parties, and supersede all prior discussions, representations, understandings or agreements, whether oral or in writing, between the parties with respect to the subject matter of these Terms. Any modification or amendment to these Terms must be in writing and signed by authorized representatives of both parties

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FREE DEMO

Schedule a 30-minute consultation with a Wizer expert today!

Here’s what we will cover in 30 minutes:

See how you can make thousands of data-driven consumer-centric decisions throughout the product development lifecycle.

Understand how you can build an organizational knowledge base, to nurture the growth of your brand over time.

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