Terms and Conditions
Terms and Conditions
Welcome
1.1. Thank you for using WIZZ. WIZZ SAS operates a mobile application named “WIZZ”, available for download on your mobile device (the “WIZZ App”) that allows users to make new connections and discuss with new friends (“WIZZ Service”) (“Service”).
1.2 The WIZZ Service is provided by WIZZ (“WIZZ”, “we”, “our”, or “us”). Your use of the WIZZ Service and the Service provided through it or related to it are governed by, and subject to, these Terms and Conditions.
Information about us
2.1. WIZZ SAS is a French SAS company, whose registered office is at 320 rue Saint-Honoré 75001, Paris, France, registered in the Paris Trade and Companies Register under the number 910 409 499 00019 (VAT number FR91910409499).
2.2. WIZZ SAS can be reached at the following email address: legal@wizzapp.com
2.3 Any use of the WIZZ SERVICE must abide by and follow the Wizz Content Policy available here: Content Policy
Information about you
Description of the Wizz Service
5.1. The Wizz Service is an app that allows users to instantly make new connections and discuss with new friends.
5.2. When using any use of these features, You should comply with our Rules of Acceptable Use as detailed below.
Setting up your account
You need to be 13 or over to use Wizz. Once you have installed the Wizz App, you will have to set up an account to use Wizz, and to provide personal information. Your account and personal information are important. Keep them safe and accurate.
6.1. To access the Wizz Service, You must download the Wizz App on Your device. Some features are only accessible if you set up an account by entering Your phone number as well as the verification code we send You and choosing a username and password (Your “Account”). You will also be required to provide Your contact details, including Your email address.
6.2. You must be thirteen (13) years or older and capable of entering into a legally binding agreement under the laws of Your country of residence to use the Wizz Service.
6.3. You are responsible for maintaining the confidentiality of Your login details and for any activities that occur under Your Account. If You have any concerns that Your Account may have been misused, You should contact us at legal@wizzapp.com straight away to let us know.
6.4. You agree You will not create an account using false information, or on behalf of someone other than You. You are only permitted to have a single Account and may not use or access multiple accounts at the same time. You acknowledge and agree that Your Account is personal to You and that You are not entitled to transfer or lend Your account to any other person. You shall not rent, sell or give away Your Account Information. You are responsible for keeping Your Account information confidential and secure.
Your right to use the Wizz Service
Enjoy using our Wizz but make sure you are following the rules. You must not let someone else use your account, and you are not allowed to use any content that is not yours (ie images, photos, trademarks, etc.) for other purposes than using Wizz. If you see something that should not be on Wizz, please tell us.
7.1. The materials and content comprising the Wizz Service (other than any User’s own Content) belong to us or our third-party licensors, and we give You permission to use these materials and content for the sole purpose of using the Wizz Service in accordance with these Terms of Service. You understand that Your use of the Wizz Service is conditional on your consent to these Terms and no access to the Wizz App can be given without the User’s consent.
7.2. Your right to use the Wizz Service is personal to You and You are not allowed to give this right to any other person. Your right to use the Wizz Service does not stop us from giving other people the right to use the Wizz Service.
7.3. Unless allowed by these Terms of Service or as permitted by the functionality of the Wizz Service, You agree:
- not to copy, or attempt to copy the Wizz App or any other portion of the Wizz Service;
- not to give or sell or otherwise make available the Wizz App or any other portion of the Wizz Service to anyone else;
- not to change, or attempt to change the Wizz App or any other portion of the Wizz Service in any way;
- not to look for, access, copy, distribute or use the code of the Wizz App or any other portion of the Wizz Service that we have not expressly published publicly for general use.
7.4. You agree that all confidential information, copyright, and other intellectual property rights in the Wizz App or any other portion of the Wizz Service belong to Us or the people who have licensed those rights to us.
7.5. You agree that you have no rights in or to the Wizz App or any other portion of the Wizz Service other than the right to use and access them in accordance with these Terms of Service.
Purchases and subscriptions
Wizz allows you to purchase products, services, and/or games subscriptions directly from the app. Those purchases are actual contracts, and you must be old enough to conclude them or have the permission from your parents. If you are not sure, please make sure to speak with a trusted adult before purchasing anything. If you choose a paying subscription for one week or one month, please note that it will renew automatically for the next week or month unless you terminate it.
8.1. You agree that the purchase of products, services, and/or games subscriptions (hereafter “In-app Purchase” and/or “Subscriptions”) from the Wizz App are governed by these Terms.
8.2. By purchasing an In-App Purchase or Subscription from the Wizz App, You agree that You are submitting a legally binding offer to conclude a contract. You acknowledge, affirm, and represent that You have the legal capacity to enter into a valid and non-voidable contract or that You have permission from Your parents or a legal guardian to enter into this legal contract.
Please note that the use of the Wizz App that has been downloaded through the Apple AppStore is subject to Apple End User License Agreement available here https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.
Please note that the use of the Wizz App that has been downloaded through the Google Play Store to Google Play Terms of Service available here https://play.google.com/about/play-terms/index.html
8.3. Purchasing Subscriptions or In-App Purchases from Apple or Google:
Subscriptions and In-app purchases are purchased from and billed by Apple AppStore or Google PlayStore and not WIZZ. These purchases are subject to the terms and conditions of Apple or Google. WIZZ does not have access to the user’s accounts or transactions. If You wish to confirm the type of subscription that has been purchased from these platforms, please review Your account or receipt as each subscription will have a unique billing name.
In-game purchases on mobile devices use the method of payment You have on file in the Apple App Store or Google Play account registered on Your device. For more information, see Apple’s or Google’s support articles
8.4. Auto-renewal Subscriptions:
WIZZ may offer to its users (the “Users”) the possibility to purchase a weekly or monthly subscription (the “Subscription”) for a fixed price indicated in the App (the “Price”) for the purpose of accessing specific services or features expressly made available by WIZZ for use (the “Subscribed Services”).
Users will be charged the Price for renewal within twenty-four (24) hours prior to the end of the current billing period. The Subscription is subject to automatic renewal unless the User withdraws from or terminates the Subscription twenty-four (24) hours before the end of the applicable billing period. If the User does not withdraw or terminate, the User will be charged for the next billing period. It is Your responsibility to keep track of when the billing period ends and the next one commences.
The User may manage the automatic renewal directly by using the functionality located in the settings of its Apple Account.
The User agrees that the Price for the Subscribed Services is final and will not be subject to refund by WIZZ except as required by the law of Your jurisdiction.
8.5. Termination of the Subscription by the User:
Subscriptions are handled by the Apple App Store or Google Play store:
1. Most subscriptions automatically renew unless you cancel them.
2. If you cancel, you may continue to use the subscription until the end of the next billing period.
3. If you cancel during a trial period, you might lose access to content immediately.
4. If You sign up for a free or discounted trial subscription and You don’t want to renew it, You need to cancel it at least 24 hours before the trial period ends.
To learn more about how to view or cancel your subscriptions with Apple or Google:
https://support.apple.com/en-us/HT202039
https://support.google.com/googleplay/answer/7018481
8.6. Termination of the Subscription by WIZZ:
Except as provided below regarding renewal of the Subscription, WIZZ may cancel, suspend or terminate the access by the User of the Subscribed Services if:
the User fails to comply with the Terms;
WIZZ suspects unlawful activity associated with the User; and/or
WIZZ suspects fraud or misuse by the User.
Apple App Store Provisions
Even if you have downloaded Wizz from the Apple App Store, Apple has no responsibility for the Wizz app and/or the content available in Wizz. You must however comply with the App Store Terms of Service.
9.1. This paragraph 9 applies where the Wizz App has been downloaded from the Apple App Store. You acknowledge and agree that these Terms are solely between you and WIZZ, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the Wizz App or content thereof. Notwithstanding the foregoing, Your use of the Wizz App must comply with the App Store Terms of Service.
9.2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Wizz App. In the event of any failure of the Wizz App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Wizz App to You; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Wizz App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to WIZZ as provider of the Wizz App.
9.3. You acknowledge that Apple is not responsible for addressing any claims by You or any third party relating to the Wizz App or Your possession and/or use of the Wizz App, including, but not limited to: (i) product liability claims; (ii) any claim that the Wizz App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any law applicable to WIZZ as provider of the software.
9.4. You acknowledge that, in the event of any third-party claim that the Wizz App or Service or your possession and use of that Wizz App or Service infringe that third party’s intellectual property rights, WIZZ, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
9.5. You represent and warrant that (i) you are not located in a country that is subject to an U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
9.6. You and WIZZ acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service as relates to your license of the Wizz App, 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 as relates to your license of the Wizz App against you as a third-party beneficiary thereof.
Other App Marketplaces and Platforms
If you have downloaded Wizz from a store other than the Apple App Store, that store has no responsibility for the Wizz app and/or the content available in Wizz. You must however comply with that store terms of service.
10.1. This paragraph 10 applies where a Wizz App has been downloaded from any app store or distribution platform other than the Apple App Store, including the Google Play Store (the “Distribution Platform “):
- you acknowledge that these Terms of Service are between you and WIZZ, and not with the provider of the Distribution Platform (“Store Provider”);
- your use of the Wizz App must comply with the Store Provider’s then-current Distribution Platform Terms of Service;
- the Store Provider is only a provider of the Distribution Platform where You obtained the Wizz App;
- WIZZ, and not the Store Provider, is solely responsible for the Wizz App;
- the Store Provider has no obligation or liability to You with respect to the Wizz App or the Terms of Service; and
- You acknowledge and agree that the Store Provider is a third-party beneficiary to these Terms of Service as it relates to the Wizz App
Your content
All the content you post on Wizz must be yours and comply with our Rules of Acceptable use (see section 12 below). Wizz will only use your content to provide the Wizz Service, and will respect your rights and your privacy, but for safety reason, Wizz will monitor and control what you post. Your Use of Wizz is at Your own risk.
11.1. You confirm that any images, data, sound, tags, chat, text or information that You make available or create (“User Content”) while using the Wizz Service will conform to and comply with the Rules of Acceptable Use (see section 12, below).
11.2. We do not claim ownership of Your User Content, and ownership will remain with You and any third party whose content You include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the Wizz Service (including allowing users that You give access to any User Content to view and use your User Content and including allowing User Content to be used in any Wizz promotion or marketing materials).
11.3. You must ensure that you are able to grant, and do grant, us the above license for any content owned by a third party that You include in your User Content. If You have any information that You would like to keep confidential and/or do not want others to Use, do not make it available through the Wizz Service. We have no responsibility to evaluate, Use or compensate You for any ideas or information You may choose to share or make available.
11.4. Our right to use Your User Content does not in any way affect Your privacy rights. Please see our Privacy Policy which provides information on how we use your personal information.
11.5. We have the right to monitor any User Content and usernames and to reject, refuse or delete any User Content or username where we think that it breaks any of the Rules of Acceptable Use, or for any reason in our sole discretion. You hereby provide Your irrevocable consent to WIZZ’S regulation, monitoring, copying and recording of User Content. You acknowledge and agree that You have no expectation of privacy concerning the transmission of any User Content or Your username.
11.6. When You Use the Wizz Service, You acknowledge and agree that there may exist offensive, indecent or otherwise objectionable material. WIZZ is not responsible for any User Content that is uploaded, transmitted, sent, communicated or otherwise made available through the Wizz Service by You or other Users, is not responsible for monitoring the Service, and assumes no obligation to modify, edit, remove or delete for inappropriate content or conduct. WIZZ does not pre-screen or monitor User Content and Users’ conduct and does not guarantee the quality, accuracy or integrity of User Content. WIZZ cannot be held liable for any such User Content, including, but not limited to, errors, loss or damage. Your Use of the Application or Service is at Your own risk.
Rules of Acceptable Use
When using Wizz, you must respect and comply with certain rules (as listed in details in the “More Details” section), in particular:
- comply with the security measures put in place by Wizz and do nothing to bypass them
- use Wizz only for entertainment and make new friends, not to do harm to anyone
- submit or contribute any Content that contains nudity or violence or is abusive, threatening, harassing, defamatory, racist, obscene, misleading, impersonates another person or entity, or is untrue or offensive and/or User content relating to alcohol, narcotics, drugs, gambling, body modifications and potentially harmful or dangerous behavior.
If you do not use Wizz in the right way, we can suspend your account. If you carry out illegal activities, we may also bring legal action and/or disclose that behavior to law enforcement authorities.
12.1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to Your use of the Wizz Service (the “Rules of Acceptable Use”).
12.2. When using the Wizz Service You must not:
(a) circumvent, impair, overburden disable or otherwise interfere with any security related features of the Wizz Service;
(b) give, or allow anyone else to give, any false or misleading information, impersonate any person or permit any other person to use the Wizz Service under Your name or on Your behalf unless such person is authorized by you;
(c) use the Wizz Service if we have suspended or banned You from using it;
(d) advocate, promote or engage in any illegal, improper or unlawful conduct or conduct that causes damage or injury to any person or property;
(e) modify, interfere, intercept, scrape, disrupt or hack the Wizz Service;
(f) misuse the Wizz Service by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which would harm or disrupt the Wizz Service or any user of the Wizz Service’s own equipment;
(g) collect any data from the Wizz Service other than in accordance with these Terms of Service;
(h) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, harassing, defamatory, racist, obscene, misleading, impersonates another person or entity, or is untrue or offensive and/or User content relating to alcohol, narcotics, drugs, gambling, body modifications and potentially harmful or dangerous behavior;
(i) submit or contribute any User Content that you do not own or do not have the right to use or otherwise infringes the copyright, trademark, or other rights of a third party (including moral rights);
(j) use any User Content in violation of any licensing terms;
(k) submit or contribute any information or commentary about another person without that person’s permission;
(l) threaten, abuse, or invade another’s privacy, or cause any annoyance, inconvenience, or needless anxiety or that is likely to harass, upset, embarrass, alarm, or annoy any other person or entity; or
(m) use any automated system, including without limitation “robots”, “spiders”, “bots” or “offline readers” or similar systems to access the Wizz Service, including in a manner that can use or access the Wizz Service is a way that is more than what a human could reasonably do in the same period of time;
(n) Use the Wizz Service for marketing purposes;
(o) use the Wizz Service for any purpose considered unlawful in the user’s jurisdiction..
12.3. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
(a) immediate, temporary or permanent suspension of Your right to use the relevant Wizz App or any other portion of the Wizz Service;
(b) immediate, temporary or permanent removal of any User Content;
(c) issuing of a warning to You;
(d) legal action against You including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
12.4. The responses described in paragraph 12.3 are not limited, and we may take any other action we reasonably deem appropriate, in our sole discretion.
Notice and takedown policy
If you see something wrong when using Wizz, please contact legal@wizzapp.com or ask a trusted adult to do so.
13.1. Any person may contact us by sending us a notice (an “Infringement Notice”) if any content available through the Wizz Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to legal@wizzapp.com. Please provide the following information in the Infringement Notice:
(a) the name and contact details (including a valid email address);
(b) If the claim arises from infringement of copyrights, a statement identifying the work or works that claim to have been infringed;
(c) a statement explaining in sufficient detail why you consider that the content available through the Wizz Service infringes the rights or fails to comply with our Rules of Acceptable Use; and
(d) a link to or such other means of identifying the problematic content.
(e) If the claim arises from infringement of Your copyright(s), a statement that (i) You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (ii) the information in Your Infringement Notice is accurate, and under penalty of perjury, that You are the owner of the copyright(s) being infringed or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13.2. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to You within a reasonable period of time on the action we propose to take, which is within our sole discretion.
Ending our relationship
If you wish to permanently close your Wizz account, you must notify us at contact@wizz.chat or directly through the Wizz App.
Wizz may also close your account if you do something prohibited by our terms or policies.
14.1. If at any time You do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Wizz Service, you must immediately stop using the Wizz Service and delete the Wizz App.
14.2. Deleting the Wizz App might not close any Account you have created in relation to the Wizz Service. You must notify us at contact@wizz.chat if you wish to close your Account. Such a request can also be submitted directly through the Wizz App.
14.3. We may immediately end Your access and use of the Wizz Service if You violate the Rules of Acceptable Use, any other rule(s), or any other terms and conditions relating to the Wizz Service, including these Terms or if you do not consent with our Terms.
14.4. If you or we end Your access or use of the Wizz Service, or we withdraw the Wizz Service, we may delete any User Content that You have uploaded to the Wizz Service or any other information we hold about you. You will also lose any rights you have to use the Wizz Service and Your access to any of your User Content. You should therefore ensure that You keep a personal copy of any User Content.
14.5. The termination of Your access or use of the Wizz Service and the cancellation of Your Account will not affect Your obligation to pay any monetary amount due to us.
Our liability/responsibility to you
Wizz is not responsible for third party content available on Wizz. Wizz is provided “as is” and no other guarantees are given by Wizz.
15.1. While we will do our best to ensure that the Wizz App is of a reasonable standard and quality, the Wizz App and any other portion of the Wizz Service may contain some content owned or developed by third parties. As we do not own or produce such third-party content, we cannot be responsible for it in any way.
15.2. The Wizz Service may be accessible internationally. However, some of its features or functions may not be assessable or appropriate for use and/or may not be available to all persons or in all geographic locations. In addition, there may be times when the Services or any part of them is not available for technical, maintenance, or other reasons, whether on a scheduled or unscheduled basis.
15.3. The Wizz Service is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Wizz Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Wizz Service in these Terms and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
15.3.1. THE APPLICATION AND WIZZ SERVICE, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY OR ALL CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THE APP, SERVICE OR CONTENTS WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE APP AND SERVICE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT ANY USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ANY USER’S ACCESS TO, BROWSING, OR USE OF THE APP OR SERVICE OR THE DOWNLOADING OF ANY CONTENT THERETO. USERS ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to You based on where You reside or access Our Application.
15.4. EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF OUR APPLICATION OR SERVICE OR INABILITY TO USE OUR APPLICATION OR SERVICE, OR FOR ANY CONTENT, ERRORS OR OMISSIONS, INFORMATION, INVESTIGATION, INTERRUPTION, SECURITY BREACH, VIRUS, OR SOFTWARE ISSUE OR MALFUNCTION RELATED TO THE APPLICATION OR SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF FORESEEN.
Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, Our liability shall be limited to the fullest extent permitted by law.
15.4.1. In no event shall Our total liability to any User for all damages, losses, and causes of action exceed the amount You paid to WIZZ during the six (6) months preceding the claim. You acknowledge and agree that, if You have not paid anything to WIZZ during this time period, Your sole remedy (and WIZZ’S exclusive liability) is for You to stop Using the Application and Service and cancel Your Account.
15.4.2. You acknowledge that the rights granted and obligations made to WIZZ under these Terms are of a unique and irreplaceable nature, the loss of which shall irreparably harm WIZZ and which cannot be replaced by monetary damages alone, so that WIZZ shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by You.
15.4.3. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Application, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material Used or displayed through the Application.
Resolving disputes
Any disputes between you and Wizz will be handled through arbitration, but first contact us at legal@wizzapp.com to try to resolve the dispute informally.
16.1. You and We agree any dispute, claim or controversy arising out of or relating in any way to the Wizz App and the Services, including, but not limited to, Our Application, Our Content, products, Services, and User interfaces, Our Privacy Policy and/or Our privacy practices generally, these Terms, and this Arbitration Agreement shall be determined by binding arbitration.
YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR PRIVATE ATTORNEY GENERAL ACTION. This arbitration provision shall survive termination of these Terms.
16.2. If you have a dispute with us relating to the Wizz Service, in the first instance please contact us at legal@wizzapp.com and attempt to resolve the dispute with us informally (“Informal Resolution”). If we do not reach an agreed-upon solution within ninety (90) days from the time the informal dispute resolution is commenced (the first date You first contacted customer support), then either party may initiate binding arbitration as the sole means to formally resolve all claims and disputes between them. To the extent permitted by applicable law, any dispute must be filed within one year from the date Informal Resolution was commenced or such claim is barred.
16.3. Initiation of Arbitration – If the parties do not reach an agreed-upon solution within ninety (90) days from the time the informal dispute resolution is pursued as discussed in Section 10.2 above, then either party may initiate binding arbitration as the sole means to formally resolve all claims and disputes between them, subject to the terms set forth below: All claims and disputes arising out of or relating to this agreement or its Terms (including their interpretation, applicability, formation, performance, and breach), the Privacy Policy, the Application, the Services, the Content, and/or Your Use of any of the Application shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures (excluding any rules or procedures governing or permitting class, collective, or representative actions or proceedings).
This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the interpretation, applicability, enforceability, and formation of the agreement to arbitrate notwithstanding any other choice of law provision contained herein. The arbitration provisions shall survive termination, if any, of this agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the agreement to arbitrate, including without limitation any claim that all or any part of this agreement to arbitrate is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Your arbitration fees and Your share of arbitrator compensation shall be governed by the JAMS Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures, as appropriate, but shall not incorporate JAMS Class Action Procedures or any JAMS rules or procedures governing, allowing, or permitting class, collective, or representative actions or proceedings. The arbitration shall also be governed, as appropriate, by JAMS Consumer Minimum Standards, including the then-current limit on arbitration filing fees. The JAMS rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial, to the extent allowed by law. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Unless You and We agree otherwise, any arbitration hearing will take place in the County and State where You reside. You and We agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
16.4. Class/Collective/Representative/Private Attorney General Waivers- YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and We agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, collective, or representative proceeding. If any court or arbitrator determines that the class, collective, or representative action waiver set forth in this Section is void or unenforceable for any reason or that arbitration can proceed on a class, collective, or representative basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, as an exception to resolving all disputes through binding arbitration, to the extent that a dispute arises from:
(i) a violation of enforcement of Wizz intellectual property rights in any manner (but not, for clarity, a dispute or claim related to the license granted to You under these Terms); or
(ii) allegations of theft, piracy, unauthorized Use, or a violation of the United States Computer Fraud and Abuse. In that circumstance, the parties agree that either party may seek injunctive remedies (or an equivalent type of urgent legal relief) in court, subject to further provisions below.
16.5. Opt-Out – You have the right to opt-out and not be bound by the binding arbitration and class, collective, and representative action waiver provisions set forth herein by sending written notice of Your decision to opt-out to the following address legal@wizzapp.com. The notice must be sent within thirty (30) days of the earlier of Your first download of the applicable Application or Your commencing Use of the Application or Service. Your request will only be effective and enforceable if You can prove the request was postmarked within the applicable 30-day deadline. Otherwise, You shall be bound to arbitrate disputes in accordance with the terms of Section 10. If You opt-out of these arbitration provisions, We also will not be bound by arbitration and class, collective, and representative action waiver provisions set forth herein.
16.6. Governing Law and Jurisdiction – You agree the laws of the United States of America and the laws of the State of California, without regard to any principles of conflicts of laws, will govern these Terms, Your Use of the Application, and all matters relating to Your access to, and/or Use of, the Application or Service, including all disputes between You and Us. All claims or disputes arising out of or relating to this agreement and the Terms (including their interpretation, formation, performance, and breach), the Privacy Policy, the Application, and/or Your Use of any of the Application or Service shall be subject to and governed in all respects by the laws of the United States of America and the laws of the State of California. You and We irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California to resolve any claims or disputes that are subject to exceptions to binding arbitration as set forth above, or otherwise determined not to be arbitrable.
Changes to the Wizz Service
You understand and agree that Wizz and its features can be changed from time to time.
17.1. We are constantly updating and improving the Wizz Service to try and find ways to provide you with new and innovative features and services. Improvements, changes and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and the Wizz Service or to comply with technical, regulatory, or business needs.
17.2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Wizz Service or feature relating to the Wizz Service (“changes to the Wizz Service”). These changes to the Wizz Service may affect your past activities on the Wizz Service, features that You use and Your User Content (“Service Elements”). Any changes to the Wizz Service could also change Your Service Elements being deleted or reset.
17.3. You agree that the Wizz Service will take place over time and this is an important basis on which we grant You access to the Wizz Service. Once we have made changes to any part of the Wizz Service, Your continued use of the Wizz Service will show that you have accepted any changes to the Wizz Service. You are always free to stop using the Wizz Service.
Changes to the terms
You understand and agree that these Terms can be changed from time to time.
18.1. We may revise these Terms of Service from time to time but the most current version will always be on the company website or in the relevant section of the Wizz App.
18.2. Changes will usually occur because of new features being added to the Wizz Service, changes in the law or where we need to clarify our position on something.
18.3. All changes or updates to these Terms are effective immediately when posted, or later as may be specified in the notice of updated Terms. Your continued Use of the Wizz Service after such an update confirms Your consent to and acceptance of such changes or updates. The most current version of these Terms will govern Your Use and access to the Wizz Service, including without limitation, any content made available on or through the App. If You object to any such changes, Your sole recourse is to cease accessing the Wizz Service.
18.4. If you do not comply with these Terms of Service and we do not take action against You immediately, that does not mean we have given up any right we have and we may still take action in the future.
Indemnity
Severability
Contact, feedback and complaints
21.1. If you need to contact us in relation to these Terms of Service, please email us at legal@wizzapp.com.
21.2. We value hearing from our users and are always interested in learning about ways we can improve the Wizz Service. By providing your feedback, you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
