Terms of Service
Last updated January 1st, 2023
By signing up for Gwiz, you understand and accept the following terms of service.
THESE TERMS OF SERVICE (“TOS”) SET FORTH THE TERMS AND CONDITIONS UPON WHICH GWIZ MAKES AVAILABLE ITS PROPRIETARY EMAIL INBOX ORGANIZATION AND MANAGEMENT SOFTWARE-AS-A-SERVICE OFFERING (“SERVICE”). BY SIGNING UP FOR THE SERVICE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE ("TOS"). REFERENCES IN THESE TOS TO “YOU” OR “USERS” ARE REFERENCES TO YOU, THE PERSON OR ENTITY ACCESSING OR USING THE SERVICE. IF YOU ARE ACCEPTING THESE TOS ON BEHALF OF AN ENTITY, THESE TOS WILL CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN GWIZ AND SUCH ENTITY, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TOS.
Subscription required for certain functionality.
You must be 13 years or older to use Gwiz.
Your use of the Service is expressly conditioned on your continued payment of the subscription fees applicable to the Service as set forth at gwiz.ai (the “Site”) and your acceptance of and continued compliance with these TOS. This Service is available only to individuals who are at least 13 years old or possess legal parental or guardian consent. If you do not qualify, do not attempt to use the Service. Gwiz may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria at any time, in its sole discretion.
Gwiz may alter the Terms of Service with a 30-day notice.
You acknowledge and agree that Gwiz may revise these TOS at any time [by posting an updated version of these TOS on the Site at least thirty (30) days before the effective date of any such revisions. If you do not agree to any revisions to these TOS, you may terminate these TOS by notifying Gwiz in writing before such revisions become effective, and Gwiz will promptly refund any amounts paid for the unused portion of the Service.] By continuing to access or use the Service after Gwiz makes any such revisions, you agree to be bound by the revised TOS.
Privacy Policy
Gwiz respects the privacy of its users and follows the privacy guidelines defined in our Privacy Policy, which is available at Privacy Policy and hereby incorporated into these TOS.
Accuracy and Security
Security is a top concern, and great effort is taken to ensure the safety of your data.
We seek to maintain reasonable security measures to attempt to protect against the loss, misuse, or unauthorized access of the personally identifying information under our control. Unfortunately, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted through or stored on the Site or the Service (including any computers, servers, storage devices, or other computer or telecommunications infrastructure used in providing the Service, whether owned or operated by us or any third party).
Though no system is perfect, we work hard on our security. In the unlikely event of a security breach, we have procedures in place to deal with the breach.
We strive to take reasonable measures to protect the confidentiality, security, and integrity of the personal information collected from our website visitors. Any personal information we retain under our control is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees. We also have security measures in place to protect the loss, misuse, and unauthorized access of the information under our control. For example, before we allow account holders to access their personal information, we verify their identity by requesting information such as their Sign-in ID and password. In the event of a security breach, we have procedures in place to protect our consumers’ data.
Protect your own passwords. Activity under your account is your responsibility.
Gwiz account holders agree to keep their Sign-in IDs and passwords secret to prevent unauthorized access and use of their accounts. You are responsible for all use of the Service under your account.
We use third-party payment processing.
We have engaged 3rd party subscription providers to handle all aspects of your financial transactions in purchasing the Gwiz products. We do not represent and/or warrant the security or anything else regarding their systems. If you wish to review their security setup, you can do that here: pay.amazon.com, apple.com/apple-pay, paypal.com, and stripe.com.
Use of the Site and Service
We reserve the right to revoke access to Gwiz at any time if you break the TOS.
We reserve the right to revoke access with a 30-day notice.
Revoking access would disable Gwiz Services, but your email will remain accessible.
You acknowledge and agree that Gwiz may stop (permanently or temporarily) providing the Service (or any folders within the Service) to you at Gwiz’s sole discretion, without prior notice to you, if you breach these TOS. In addition, Gwiz may terminate these TOS and your right to access and use the Service for any reason or no reason by giving thirty (30) days prior written notice to you. If we terminate the Service or these TOS for any reason other than your breach of the TOS or of any other contractual obligation to us, we will provide a refund of any amounts paid for the unused portion of the Service. You acknowledge and agree that if Gwiz disables access to your account, you will be prevented from using the Service and may not be able to access information associated with your Gwiz account. However, any suspension or termination of the Service will not affect your ability to access your email account.
You do not have the right to use any Gwiz trademarks, logos, domain names, or other brand materials.
These Terms do not grant you any rights to use the Gwiz trademarks, logos, domain names, or other brand folders. No license to any software is granted hereunder. Other than the right to access and use the Service as expressly provided herein, all rights, titles, and interests in and to the Service (including all intellectual property rights embodied therein) are retained by Gwiz. Content contained in the Site is subject to applicable copyright laws and may not be used or reproduced in any manner without Gwiz’s prior written permission.
Your feedback is very welcomed and appreciated. Feedback helps us improve our product greatly.
At your discretion, you may provide feedback to Gwiz concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). While we appreciate it when users send us Feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post via social media or other channels without any obligation to you. By suggesting any Feedback, you hereby assign the ownership of all Feedback to Gwiz. In the event ownership in the Feedback cannot be granted to Gwiz, you grant Gwiz at no charge a perpetual, irrevocable, royalty-free, worldwide, transferable right and license, with the right to sublicense, use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.
Prohibited Use
You agree that you won’t tamper with or abuse our system in any way.
As a condition of your use of Gwiz's services, you agree not to:
• Access, tamper with, or use any non-public areas of the Gwiz's systems or said system’s providers;
• Attempt to probe, scan, or test the vulnerability of the Gwiz's systems or any related system or network or breach any privacy, security, or authentication measures;
• Reverse engineer or attempt to discover the underlying source code or algorithms of the Service;
• Provide access to or utilize the Service under a time-share or service bureau arrangement;
• Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Gwiz's systems or providers;
• or Impersonate or misrepresent your affiliation with any person or entity.
If you do anything to tamper with our system or service, we reserve the right to pursue legal action against you.
Gwiz will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. Gwiz may involve and cooperate with law enforcement authorities in prosecuting users who violate these TOS. You acknowledge that Gwiz has no obligation to monitor your access to or use of Gwiz’s services but has the right to do so for the purpose of operating the Service, to ensure your compliance with these TOS, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
Warranties
Your use of our services is at your own risk. We do not provide a warranty.
THE SITE AND THE SERVICE ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GWIZ EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GWIZ MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
Indemnity
You agree to defend, indemnify, and hold harmless Gwiz, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these TOS.
Limitation of Liability
We are limiting any legal liability we have to you.
GWIZ TAKES NO RESPONSIBILITY FOR THE CONTENT OF ITS USERS’ DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL GWIZ BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TOS OR FROM THE USE OR INABILITY TO USE THE SERVICES OR ANY USER INFORMATION SENT THROUGH, STORED BY OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GWIZ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT GWIZ WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM THE USE OF THE SERVICES.
IN NO EVENT WILL GWIZ'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED THE AMOUNT ACTUALLY PAID FOR SUCH SERVICES DURING THE SIX (6) MONTHS PRECEDING THE DATE THE CIRCUMSTANCES GIVING RISE TO SUCH DAMAGE FIRST AROSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GWIZ AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Severability
In the event that any provision of these TOS is held to be invalid or unenforceable, the remaining provisions of the TOS will remain in full force and affect.
Waiver
This section repeats the topics above to tie up loose ends (legally speaking).
The failure of Gwiz to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision. Any waiver by Gwiz of any provision of these TOS must be in writing, and signed by an authorized representative of Gwiz.
Controlling Law and Jurisdiction
These TOS and any action related thereto will be governed by the laws of the Commonwealth of Colorado without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these TOS will be the state and federal courts located in and around Denver, Colorado, and you hereby consent to and waive any objection to jurisdiction and venue in such courts.
Entire Agreement
These TOS are the entire and exclusive agreement between Gwiz and you regarding the Service, and these TOS supersede and replace any prior agreements between TOS and you regarding the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Gwiz services, affiliate services, or third-party content software or services.
You Should Have Backups
Gwiz doesn't send or receive emails on your behalf. At no point does Gwiz take possession of the email.
Gwiz is not responsible for your email. Your email remains on your email server.
Gwiz does not participate in sending or receiving your email. We simply monitor your Inbox, and when we see an email that is not Inbox-worthy, we apply and remove labels (we never delete emails). Email messages that are processed by the Service are resident on your server, and it is your email server that takes all actions on your email. The User, and not Gwiz, is responsible for maintaining appropriate backups of the email accounts used in connection with the Service.
The software will never be perfect. Neither your email client, your desktop computer or mobile device, your email server, nor Gwiz will ever be perfect. You have all had glitches occasionally with every computerized service and device you own. That is why you should all have your work backed up. You should have your email backed up. You should have your computer backed up. You should have your mobile device backed up. Gwiz assumes you are doing the common sense thing of doing simple backups for all that stuff.
We don’t do backups for you. We don’t have physical possession of your email. It is all on your email server. If your email server, email client, or computer has a glitch, you should go to your backups to recover whatever file, email, or corrupted piece of software that you lost. Hopefully, you have backed all that stuff up for years, but you must know this already.
Refunds
We have a 30 day refund policy.
If you are not happy with our service, we hope you’ll tell us. We will try to fix anything about Gwiz that doesn’t leave you completely thrilled. If we can’t, we will cheerfully refund the amount within 30 days of purchase.
