Terms and Conditions.
1. Relations between You and Wizum.
Welcome to Wizum (the “Platform”, the “App”), which is provided by Clasee Inc. in the United States (collectively such entities will be referred to as “Wizum”, “we” or “us”). We enable anyone anywhere to create and share educational content (Content creators) and to access that educational content to learn (Users). We need rules to keep our platform and services safe for you and us.
You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share Content (defined below)) may be subject to age restrictions and not available to all Users of the Services. For purposes of these Terms, “you” and “your” means you as the User of the Services.
The Terms form a legally binding agreement between you and us. You agree to use Platform only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of this site by any other license holder. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND WIZUM AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND WIZUM WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Accepting the Terms.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
3. Changes to the Terms.
You need an account for most activities on our platform, including to purchase and access content or to submit content for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a User, the account of that User will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Wizum will not intervene in disputes between Users who have shared account login credentials. You must notify us immediately that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team (email@example.com). We may request some information from you to confirm that you are indeed the owner of your account.
You must be at least 14 years of age to create an account on Wizum and use the Services. If you are younger than 14 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you may not create a Wizum account. If we discover that you have created an account that violates these rules, we will terminate your account.
5. Content Enrollment and Lifetime Access.
When you enroll in a content, you as a User becoming Content creator and get a license from us to view it via the Wizum Services and no other use. Don’t try to transfer or resell content in any way. We generally grant you a lifetime access license, except when we must disable the content because of legal or policy reasons etc.
When Content creators publish content on Wizum, they grant Wizum a license to offer a license to the content to Users. This means that we have the right to sublicense the content to enrolled Users. As a User, when you enroll in a content, whether it’s free or paid content, you are getting a license from Wizum to view the content via the Platform and Services, and Wizum is the licensor of record. Content is licensed, and not sold, to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).
In legal, more complete terms, Wizum grants you (as a ser) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a Wizum authorized representative.
You have no right to access or use the Services for any purposes except as may be otherwise expressly set forth in this Terms. All use of the Services must be only as provided in this Terms. You shall not and shall not enable or assist any third party to:
(a) modify, alter, adapt, copy, translate, perform and display or create derivative works based on the Services or proceed to any action that may be properly characterized as copyright infringement by applicable law;
(b) decompile, reverse engineer, disassemble or otherwise attempt to obtain the source code, object code, or underlying structure, ideas, or algorithms of the Services;
(c) merge or bundle the Services with other software;
(d) sell, resell, license, lease, publish, display (publicly or otherwise), distribute, rent, lease or otherwise transfer or by any means make available ,either directly or via another reseller, to a third party the Services or include the Services in a service bureau, time-sharing, or equivalent offering;
(f) publicly disseminate information from any source regarding the performance of the Services or otherwise conduct any benchmark or stress tests;
(g) access, store, distribute or transmit any viruses, worms, Trojan horses, or other harmful code that in Supplier’ sole discretion, affects the Services;
(h) decipher any transmissions to or from the servers running the Services;
(i) overwhelm or attempt to overwhelm Supplier’s infrastructure by imposing an unreasonable volume of load on Supplier’s system that consumes extraordinary resources (CPU’s, memory, disk space, bandwidth etc);
(k) interfere or attempt to interfere in any manner with the proper functioning of the Services; and
(l) include any material during its use of the Services that is unlawful, harmful, defamatory, infringing, facilitates illegal activity, harassing, depicts sexually explicit images and/or causes damage or injury to any person or property.
7. Payment for services.
Using the Services may require you to pay fees. Before pay any fees, you will have an opportunity to review and accept the fees that will be charged. All fees are in U.S. Dollars and, unless explicitly provided otherwise herein, are non-refundable.
(a) We reserve the right to determine pricing for the Services. We will make reasonable efforts to keep pricing information published on the website up to date, available at https://www.wizum.io/pricing. We encourage you to check our website (https://www.wizum.io) periodically for current pricing information. We may change the fees for any feature of the Services, including additional fees or charges, if we give you advance notice of changes before they apply. We, at our sole discretion, may make promotional offers with different features and different pricing to you. The fees are exclusive of all federal, state, municipal, or other government excise, sales, use, value added or other taxes now in force or enacted in the future, and you shall pay any such tax (excluding taxes on our net income) that we may be required to collect or pay now or at any time in the future with respect to such fees.
(b) The Services may include automatically recurring payments for periodic charges (“Subscription”). The price, term, and restrictions of any Subscription will be set in our website (https://www.wizum.io/pricing). If you activate a Subscription, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase first Subscription. Information on the “Subscription Fee” is available on https://www.wizum.io/pricing. Your account will be charged automatically on the Subscription Billing Date with all applicable fees and taxes for the next Subscription period. The Subscription will continue unless and until you cancel it or it will be terminated by us. You must cancel your Subscription before it renews in order to avoid billing of the next period. We will bill the periodic Subscription Fee to the payment method you provided to us during registration (or to a different payment method if you will change their payment information). You may cancel the Subscription via the Platform or by contacting us at firstname.lastname@example.org. If you select not to renew a Subscription, your accounts could be downgraded to the free version of the Services.
(c) We make no guarantees as to the availability of any specific content in any Subscription or as to any minimum amount of content in any Subscription. At any point in the future, we reserve the right to offer or cease to offer additional features to any Subscription, or to otherwise modify or terminate a Subscription at our sole discretion. These disclaimers are in addition to those listed in the “Disclaimers” section below.
(d) we do not offer refunds for payments made on a month-month subscription plan. To avoid being charged during a free trial period (if any), you must cancel your subscription before your free trial ends.
8. Miscellaneous Legal Terms.
These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
8.1 Binding Agreement.
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Wizum. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
If you are accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
It may happen that our Platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our Content creators is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
8.3 Limitation of Liability.
There are risks inherent to using our Services, for example, if you access content like chemics experiments, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless us, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
8.5 Sanctions and Export Laws.
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) aren’t located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You also warrant that you aren’t a person or entity who is named on any U.S. government specially designated national or denied-party list.
If you become subject to such a restriction during the term of any agreement with us, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Wizum).
You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations.
9. Arbitration and class action waiver.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and us, you will first contact us by e-mail email@example.com and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of our services and/or products, including the Services, or relating in any way to the communications between you and us or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and us. However, this arbitration agreement does not (a) govern any Claim by us for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below.
Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
10. App stores.
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:
Notice regarding Apple
By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
These Terms between Wizum and you; Apple is not a party to these Terms.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.
Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of 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.
Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
Wizum expressly authorizes use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.
11. Wizum Community Guidelines
We want to create a positive and safe community for all users of our app. In order to achieve this, we expect all users to follow these guidelines when posting content on our platform:
No hate speech or discrimination: We do not tolerate any form of hate speech or discrimination on our app. This includes language or content that promotes racism, sexism, homophobia, or any other form of bigotry.
No harassment or bullying: We do not allow any form of harassment or bullying on our app. This includes any behavior that is intended to intimidate, degrade, or harm other users.
No explicit or adult content: We do not allow any explicit or adult content on our app. This includes nudity, pornography, or any other content that is sexually suggestive or explicit.
No violence or graphic content: We do not allow any violent or graphic content on our app. This includes any content that promotes or glorifies violence, self-harm, or suicide.
No illegal activities: We do not allow any content that promotes or encourages illegal activities on our app. This includes content related to drug use, weapons, or any other illegal activities.
No spam or scams: We do not allow any spam or scams on our app. This includes any content that is intended to deceive or defraud other users.
We reserve the right to remove any content that violates these guidelines, and we may suspend or terminate the accounts of users who repeatedly violate these guidelines.
If you come across any content that violates these guidelines, please report it to us immediately using the “Help” function at your profile screen, or by contacting support team using reporting form or What’s up direct chat or Instagram direct messages or write an e-mail to the Wizum team at firstname.lastname@example.org. Thank you for helping us maintain a safe and positive community for all users.
12. How to Contact Us.
The best way to get in touch with us is to contact our Support Team by e-mail email@example.com. We’d love to hear your questions, concerns, and feedback about our Services.