WIZLY CORP PTE. LTD.

TERMS OF USE
Last Updated: May 2025
  • WELCOME TO WIZLY
    These Terms of Service (as amended from time to time, these “Terms of Service”) form a binding agreement between you and [Wizly Technologies Corp, Inc.] (“Wizly,” “we,” “us,” or “our”). These Terms of Service govern your access to and use of (i) the website available at https://askwizly.ai/ (together with any successor site, the “Site”), (ii) our desktop application(s) (“Desktop App(s)”), mobile applications (“Mobile App(s)”), and related technologies (collectively, “Software App(s)”), and (iii) all services, content, tools, features, updates, and functionalities offered on or through the Site and/or Software Apps (collectively, the “Service”). By downloading, installing, accessing, browsing, or otherwise using the Site, Software Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not download, install, access, browse, or otherwise use the Service. 
  • We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site and under the [“Legal — Terms of Service”] section(s) of our Software Apps. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
    PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WIZLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
  • Service Description: [The Service is an AI-powered consulting platform built for consultants, advisors, thought leaders, and other professionals (collectively, “Experts”) to meet and offer professional and/or consulting services (“Client Offerings”) as an individual independent consultant or consulting firm to individuals or organizations who are in the market for such services (“Clients”).] 

    Your Privacy: At Wizly, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://askwizly.ai/privacy and under the [“Legal — Privacy Policy”] section of our Software Apps (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

    Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time, including our the Community Guidelines located at [insert link to Community Guidelines here]. All such terms are hereby incorporated by reference into these Terms of Service.
  • Your Account and Use of the Service
    Your Registration Obligations: You may be required to register with Wizly and/or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. Further, in order to register as an Expert on the Service, you will be required to provide additional information about yourself and your business (e.g., LinkedIn account, company name, and role). If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form or signup flow. Registration data and certain other information about you are governed by our Privacy Policy. [If you are under 18 years of age, you are not authorized to use the Service, with or without registering.]

    Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Wizly of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Wizly and its current and future affiliates (collectively, “Wizly Affiliates”) will not be liable for any loss or damage arising from your failure to comply with this paragraph.

    Modifications to Service:
    Wizly reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wizly and Wizly Affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

    General Practices Regarding Use and Storage:
    You acknowledge that Wizly may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Wizly’s or its third-party service providers’ servers on your behalf. You agree that Wizly has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Wizly reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Wizly reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

    Competitors:
    No employee, independent contractor, agent, or affiliate of any competing company developing an [AI-powered platform for independent consultants and knowledge professionals] is permitted to view, access, or use any portion of the Service without express written permission from Wizly. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Wizly or any Wizly Affiliate, or acting on behalf of a competitor of Wizly or any Wizly Affiliate in using or accessing the Service.
  • Fees and Payment
    Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Wizly that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Wizly or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Wizly the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Wizly (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Wizly know within sixty (60) days after the date that Wizly charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change Wizly’s prices. If Wizly does change prices, Wizly will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Wizly’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Wizly’s net income.

    Experts:
    As an Expert, you may make your Client Offerings available for purchase on the Service. You determine the fees charged to Clients to purchase, subscribe to, access, and/or obtain your Client Offerings, including timing and payment plan options. [You may make your Client Offerings available on the Service on a one-time basis and/or on a auto-recurring subscription basis.]  Wizly reserves the right to change the types of payment plans supported at any time in its sole discretion.There may be fees associated with your Client Offerings, including [(a) subscription or platform fees required to maintain your account and/or make your Client Offerings available on the Service, (b) percentage-based fees owed to Wizly based on the funds you earn when a Client purchases or subscribes to your Client Offerings, (c) payment processing fees, (d) payout fees, and (e) currency conversion fees].[ For the most current information about the fees we charge in connection with your Client Offerings, please visit: [_______].]Withdrawals: You may request a withdrawal of funds earned from making your Client Offering available for purchase on the Service from the available cash balance in your account at any time. You may withdraw funds through the Service or by contacting customer support. You are the only person or entity authorized to withdraw funds from your account. Withdrawals shall only be provided by the withdrawal methods supported by Wizly. Wizly may add or remove permitted withdrawal methods at any time in its sole discretion. Wizly may also block or withhold access to these funds for violations of these Terms of Service or our other policies or for compliance reasons, including collecting tax reporting information. When this happens, we try to communicate the reason to you promptly. If you have questions about access to funds being blocked or withheld, please reach out to us at [support@wizly.app]. In order to protect Experts, we may block Clients’ payments if we believe them to be fraudulent. Sometimes activities like refunds to Clients and chargebacks from Clients can put your account balance into the negative and any fees you’ve incurred from Wizly or the platforms (for example, the Apple App Store or Google Play Store) on which the purchases were made, as described below, may not be refunded to you when such refunds and chargebacks are processed. If your balance becomes negative, we reserve the right to recover those funds from future payments.Wizly is not responsible for, and does not make any guarantee with respect to, the processing of funds by our Payment Processors, including processing time. If you do not receive your withdrawal within ten (10) business days, please contact customer support at [support@wizly.app].

    Payment Issues: Wizly typically handles payment issues such as fraud, chargebacks, and resolution of payments disputes, though, for purchases made through certain platforms (for example, the Apple App Store or Google Play Store), the associated platforms may handle these payments issues. We aim to provide timely access to the funds you’ve earned on the Service. Purchases made on certain platforms (for example, the Apple App Store or Google Play Store) may have different timelines associated with funds becoming accessible to you and/or may require that reserves of funds are withheld from becoming accessible to you. You may, however, occasionally experience further delays in accessing these funds.

    Taxation: Each year all Experts who have earned $600 or more on the Service during the previous year must provide all updated information requested by Wizly, which may include address and social security details. These details will be used to allow Wizly to comply with tax regulations and may be shared with appropriate tax and/or law enforcement authorities at Wizly’s sole discretion. For example, if you are located in the United States or are a United States citizen who has earned $600 or more on the Service, Wizly is required to issue you a Form 1099-K at year end. For purposes of Forms 1099-K, we treat all funds as earned for the sales of goods or services. You are responsible for reporting any income, withholding, or other earnings-based taxes which may be due as a result of money you’ve earned on the Service. 

    Clients: You may be required to purchase and/or subscribe to Client Offerings in order to access and/or obtain such Client Offerings. If you purchase, subscribe to, or otherwise access or obtain a Client Offering in connection with Service, you understand and agree that you are obtaining, accessing, purchasing, and/or subscribing to professional and/or other consulting services from the applicable Expert, not Wizly. You may be required to pay a one-time or recurring subscription fee for your selected Client Offerings as determined by the applicable Expert. The timing and amount of each payment associated with Client Offerings depends on the type of Client Offering you select and the timing and payment options offered by the applicable Expert. While you are purchasing, subscribing to, or otherwise accessing or obtaining Client Offerings from the applicable Expert, Wizly (or the applicable Payment Processor) is the billing entity associated with charges for Client Offerings. [ For the most current information about the Credits program, please visit: [_______].]

    Payment Processing: Notwithstanding any amounts owed to Wizly hereunder, WIZLY DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”) and/or third-party payment processors (collectively with Stripe, “Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements”) or the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, with the Stripe Agreements, the “Payment Processor Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreement for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. Wizly assumes no liability or responsibility for any payments you make through the Service.

    Refunds: Payments made by you hereunder are final and non-refundable, unless otherwise determined by Wizly in its sole discretion. 

    Subscription Cancellation: For recurring subscriptions to the Service and/or to Client Offerings, you may cancel your subscription by [_30 days].

    Credits: You may be able to purchase credits (“Credits”), which can be used on the Service to access and use certain features, content, or functionality. Credits may only be used within the Service and are not valid outside the Service. Credits have no monetary value and are not exchangeable for cash or any other form of currency, except where required by law. Credits are non-transferable and may not be sold, traded, gifted, or otherwise transferred. All purchases of Credits are final. Credits are non-refundable, including in the event of account suspension or termination, regardless of the reason. We reserve the right to establish and modify policies regarding the expiration of Credits, and any such changes will be communicated via the Service or these Terms of Service. We reserve the right to modify, suspend, or discontinue the Credits program, including the availability and pricing of Credits, at any time with or without notice.
  • Conditions of Access and Use
    User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Wizly or to other users of the Service, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service, or by granting the Service certain permissions and/or authorizations to upload, access, generate, or produce content on your behalf (collectively, “User Content”). Wizly has the right, but not the obligation, to monitor the Service, User Content, and/or any Client Offerings associated therewith.  The following are examples of the kinds of content and/or uses that are illegal or prohibited by Wizly. Wizly reserves the right to investigate and take appropriate legal action against anyone who, in Wizly’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:communicate, upload, or generate any content that (i) infringes any intellectual property or other proprietary rights of any party (including, without limitation, any rights of privacy); (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; (vii) intended to misinform, misrepresent, or mislead; or (viii) in the sole judgment of Wizly, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Wizly or its users to any harm or liability of any type.make automated decisions in domains that affect consequential decisions, or individual rights or well-being (e.g., financial, legal, employment, medical/healthcare, education, housing, insurance, social welfare), such as:Financial: Making financial decisions, including accepting or rejecting loan applications, credit scoring, algorithmic trading, financial, investment or tax advice, or fraud detection.Legal: Making decisions regarding legal matters, including generating legal claims and patents, analyzing legal claims, providing legal advice and other related actions that may be deemed to be the unauthorized practice of law.Employment: Making employment decisions, including hiring, firing, promoting, demoting, and other employment-related activities.Medical/Healthcare: Making health-related decisions, including recommendations for treatment, analysis of images and health records, diagnoses, and patient care.Education: Making decisions regarding matters related to education, including making educational institutional acceptance or rejection decisions, assessing student proficiency, and testing assessments.Protected Classes: Making decisions based on a protected class or characteristic, as defined by applicable laws.interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.violate any applicable local, state, national, or international law, or any regulations having the force of law. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.solicit personal information from anyone under the age of 18.harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.further or promote any criminal activity or enterprise or provide instructional information about illegal activities.obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks.engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. provide professional and/or other services in an industry regulated by a Professional Regulatory Body without the applicable license(s) and/or certification(s). If you are blocked by Wizly from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

    Professional Regulatory Body Requirements: You acknowledge and agree that you are solely responsible for ensuring your use of the Service, including your Client Offerings, complies with all applicable laws, rules, regulations, and standards, including, if applicable, those established by any relevant Professional Regulatory Body governing your business or profession (collectively, “Professional Regulatory Body Requirements”). Wizly shall not be liable for your failure to comply with any applicable Professional Regulatory Body Requirements in connection with your use of the Service. If you offer or provide professional and/or other services in an industry regulated by a Professional Regulatory Body through the Service, you represent and warrant that you have the necessary license(s) and/or certification(s) to offer or provide such services.

    User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights, trademarks and rights of privacy and publicity contained therein, and you have provided any required notices and obtained any required consents to upload, store, transmit, use, or otherwise process User Content via the Service in accordance with applicable laws. You hereby grant Wizly and Wizly Affiliates, and their successors and assigns, a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content (including any name, username, voice, image or likeness incorporated therein or otherwise provided by you), in any form, medium or technology now known or later developed, (a) in connection with the operation of the Service, (b) to provide, develop and improve the Service and other offerings of Wizly and/or Wizly Affiliates [and/or their partners], including, without limitation, AI Models (as defined below); (c) for the promotion, advertising or marketing of the foregoing; and (d) as otherwise set forth in our Privacy Policy. You also agree that Wizly may remove metadata associated with your User Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content. You acknowledge and agree that Wizly may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Wizly, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.In connection with the Service, you may have the opportunity to access certain features that allow you to engage in audio conversations with other users of the Service. Such features require that you create or submit certain audio recordings or other auditory materials. You acknowledge and agree that Wizly may use such recordings to create AI voice models that are capable of generating audio that is an electronic creation or recreation of your voice (the “Voice Replica”). You hereby grant Wizly a non-exclusive right and license to all publicity and intellectual property rights owned or held by you with respect to your name, voice and likeness in any Voice Replica solely in connection with the Service.As an Expert, you may choose what User Content is included in, and accessible to Clients and other users through, your Client Offerings. By choosing to making User Content accessible through your Client Offerings and making such Client Offerings available to other users and/or Clients on the Service, subject to any applicable fees associated with such Client Offerings, you hereby grant each user and/or Client a non-exclusive right to use and access your User Content and to reproduce, distribute and display such User Content to the extent permitted through the normal functionality of the Service. Further, you agree that Wizly and/or its partners may display advertisements in connection with your Client Offerings (and associated User Content). 

    Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Wizly, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. 

    AI-Generated Output: You acknowledge and agree the Service is supported by various artificial intelligence (“AI”) algorithms and models (“AI Models”) and that certain information, recommendations, suggestions or other output (collectively, “Output”) generated and returned by the Service may be generated using such AI Models and other third-party AI tools. You acknowledge and agree that there are numerous limitations that apply with respect to AI-generated Output due to the fact that it is automatically generated, including that (a) it may contain errors or misleading information; (b) AI systems are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content; (c) AI systems can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense; (d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey; (e) AI systems can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive; (f) AI systems can struggle with complex tasks that require reasoning, judgment and decision-making; (g) AI systems require large amounts of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output; and (h) AI-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal. You agree that you are responsible for evaluating, and bearing all risks associated with, the use of any content, suggestions and advice presented to you through the Service, including any reliance on the accuracy, completeness, or usefulness of any Output. You acknowledge and agree that you will not rely entirely on Output generated by the Service for making automated decisions without human review.
  • Intellectual Property Rights
    Trademarks: The Wizly name and logos are trademarks and service marks of Wizly (collectively the “Wizly Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Wizly. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Wizly Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Wizly Trademarks will inure to our exclusive benefit.

    Third-Party Material: Under no circumstances will Wizly or any Wizly Affiliate be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Wizly does not pre-screen content, but that Wizly and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Wizly and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Wizly, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

    Usage Data: You hereby authorize Wizly and Wizly Affiliates and their third-party service providers to collect and analyze User Content and other data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). Wizly and Wizly Affiliates may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

    Feedback; Submissions: Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Wizly or any Wizly Affiliate are non-confidential and Wizly and Wizly Affiliates will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you. 

    Copyright Complaints:
    Wizly respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Wizly of your infringement claim in accordance with the procedure set forth below.Wizly will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Wizly’s Copyright Agent at [insert email address] (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail at: [101 Jefferson St, Menlo Park, CA]To be effective, the notification must be in writing and contain the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property; identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; anda statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed. 

    Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the [Menlo Park] and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Wizly will send a copy of the counter-notice to the original complaining party informing them that Wizly may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Wizly or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

    Repeat Infringer Policy:
    In accordance with the DMCA and other applicable law, Wizly has adopted a policy of terminating, in appropriate circumstances and at Wizly’s sole discretion, the accounts of users who are deemed to be repeat infringers. Wizly may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
    • Application Services and Software
    • Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. 
    • [Telephonic Communications Services: By using the Service and providing us with your telephone number(s), you are consenting to be contacted by Wizly or Wizly Affiliates or their partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Wizly or Wizly Affiliates or their partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Wizly or Wizly Affiliates or their partners for marketing or solicitation purposes to purchase Wizly’s products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Wizly or Wizly Affiliates or their partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Wizly account information to ensure that your messages are not sent to a person that acquires your old telephone number. There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission.  your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation. 
    • Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Wizly, Wizly Affiliates, and their licensors (including the Software Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Wizly.
  • Special Notice for International Use; Export Controls: Wizly is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Software or Services is at your sole risk.

    Third-Party Distribution Channels: Wizly offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

    Apple-Enabled Software: With respect to Software Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:Wizly and you acknowledge that these Terms of Service are concluded between Wizly and you only, and not with Apple Inc. (“Apple”), and that as between Wizly and Apple, Wizly, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS or MacOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Wizly’s sole responsibility, to the extent it cannot be disclaimed under applicable law.Wizly and you acknowledge that Wizly, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Wizly and Apple, Wizly, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Wizly as follows:[insert email address][insert telephone number][insert mailing address] You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.Wizly and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

    Google-Sourced Software: The following applies to any Software App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Wizly only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Wizly, and not Google, is solely responsible for Wizly’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Wizly’s Google-Sourced Software.

    Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found at: [insert open source notice and attribution URL // in the Software documentation or the applicable settings, help, legal, notice, or about menu or source files]. If required by any license for particular open source software, Wizly makes such open source software, and Wizly’s modifications to that open source software (if any), available by written request to [insert email address]. Copyrights to the open source software are held by the respective copyright holders indicated therein.


    Third-Party Services and Websites
    Third-Party Services and Websites The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as services like [Google or LinkedIn]. Your access to and use of the Third-Party Services (including via the Service) may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Wizly has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Wizly or any Wizly Affiliate, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Wizly enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Wizly and Wizly Affiliates will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

    Indemnification
    To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Wizly and Wizly Affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Wizly Parties”), from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Wizly will provide notice to you of any such claim, suit, or proceeding. Wizly reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Wizly’s defense of such matter. You may not settle or compromise any claim against the Wizly Parties without Wizly’s written consent. 

    Disclaimer of Warranties
    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WIZLY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.THE WIZLY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE PRODUCED, GENERATED, OR OTHERWISE OBTAINED FROM THE USE OF THE SERVICE (INCLUDING OUTPUT) WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OUTPUT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. THE SERVICE MAY PROVIDE OR GENERATE OUTPUT THAT IS OFFENSIVE AND DOES NOT REFLECT WIZLY’S VIEWS. YOU ACKNOWLEDGE THAT OUTPUT GENERATED OR PRODUCED BY THE SERVICE DOES NOT CONSTITUTE PROFESSIONAL ADVICE OR COUNSEL AND YOU MUST NOT RELY ON THE SERVICE OR OUTPUT FOR MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ANY OUTPUT REGARDING THOSE TOPICS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR ADVICE FROM A QUALIFIED PROFESSIONAL. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE TERM “EXPERT” BY WIZLY IN THESE TERMS OF SERVICE AND/OR ON THE SERVICE IS ONLY MEANT TO DESCRIBE USERS WHO MAKE CLIENT OFFERINGS AVAILABLE ON THE SERVICE. WIZLY DOES NOT REPRESENT, WARRANT, OR GUARANTEE ANY PARTICULAR LEVEL OF EXPERTISE, SKILL, OR KNOWLEDGE OF EXPERTS ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THE PROFILE OF THE EXPERT, AND TO CONDUCT ANY NECESSARY VERIFICATION, TO ENSURE THAT THE EXPERT HAS THE RELEVANT SKILLS AND EXPERTISE REQUIRED FOR YOUR PURPOSE. WIZLY IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, OR CONTENT OF CLIENT OFFERINGS OR ANY OTHER INFORMATION OR CONTENT MADE AVAILABLE BY OTHER USERS OF THE SERVICE, AND EXPRESSLY DISCLAIMS ALL LIABILITIES ASSOCIATED WITH CLIENT OFFERINGS. YOU ACKNOWLEDGE THAT WIZLY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY YOUR RELIANCE ON ANY CLIENT OFFERING OR OTHER CONTENT OR INFORMATION PROVIDED BY EXPERTS ON THE SERVICE.

    Limitation of Liability
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WIZLY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE WIZLY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE WIZLY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WIZLY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

    User Disputes
    You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Wizly and Wizly Affiliates will have no liability or responsibility with respect thereto. Wizly reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.Experts are not employees, agents or partners of Wizly. Experts are independent users of the Service, who make their Client Offerings available on the Service. Wizly does not in any way supervise, monitor, direct or control the performance of Client Offerings. Experts, not Wizly, are solely responsible for the provision of their Client Offerings. Wizly is not a party to any contract or agreement entered between Clients and Experts, and will have no liability or responsibility with respect thereto. Dispute Resolution By Binding Arbitration PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

    Agreement to Arbitrate
    This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Wizly, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will 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. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Wizly 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. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

    Prohibition of Class and Representative Actions and Non-Individualized Relief
    YOU AND WIZLY 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 WIZLY 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), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. 

    Pre-Arbitration Dispute Resolution
    Wizly is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [insert customer support email]. 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 Wizly should be sent to [insert address for notice] (“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 Wizly and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Wizly may commence an arbitration proceeding. During the arbitration, the amount of any settlement offers made by Wizly or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Wizly is entitled.

    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 Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. 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 issues relating to the scope, enforceability, and arbitrability 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 these 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 Wizly 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 will be made by AAA. If your claim is for $10,000 or less, Wizly 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 $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 will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

    Costs of Arbitration
    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. To the extent any Arbitration Fees are not specifically allocated to either Wizly or you under the AAA Rules, Wizly and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Wizly will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Wizly will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

    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.

    Severability
    If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above 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 will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

    Future Changes to Arbitration Agreement
    Notwithstanding any provision in these Terms of Service to the contrary, Wizly agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Wizly written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

    Termination
    You agree that Wizly, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Wizly believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Wizly may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Wizly may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Wizly and Wizly Affiliates will not be liable to you or any third party for any termination of your access to the Service.You may delete your account by [_____].

    General
    These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Wizly governing your access and use of the Service, and supersede any prior agreements between you and Wizly with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Wizly submit to the personal and exclusive jurisdiction of the state and federal courts located within [insert county / state]. The failure of Wizly to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Wizly, but Wizly may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Wizly will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Wizly’s reasonable control.

    Notice for California Users
    Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at [Wizly, Inc.], [insert mailing address and phone number].

    U.S. Government Restricted Rights
    The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

    Questions? Concerns? Suggestions? 
    Please contact us at to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
how it work green symbol

Join a Dynamic, Decentralized, and Scalable Knowledge Ecosystem with Wizly.

About The Wize Ones Podcast

Through 1-1 or 1-2 interviews and roundtable discussions, community members will share real-life experiences, actionable insights, and expert knowledge to support the growth of Wizly’s ecosystem, empowering users to make better decisions, foster professional development, and drive business success.

This is where experienced professionals share their collective wisdom, ensuring that valuable insights reach those who need them most. This approach not only empowers listeners but also enhances the value and impact of the Wizly platform by driving meaningful knowledge exchange.

Why Become a Wize One?

As a guest or host, you'll gain exposure and build your brand, while also contributing to a growing body of knowledge that can help others succeed.

We will take care of providing you with a good framework of topics, take care of all the post-production details, distribution and marketing you on various podcast platforms.

By engaging with "The Wize Ones," community members will not only expand their reach but also contribute to a thriving ecosystem where knowledge is valued and shared effectively.

Heading

Lorem Ipsum is simply dummy text of the printing and typesetting industry
Lorem Ipsum
Lorem Ipsum