These General Terms and Conditions (hereinafter referred to as "Terms") govern the contractual relationship between Wizely (hereinafter "Wizely" or "we") and you as a user (hereinafter "User" or "you") in connection with the use of the tools offered by Wizely and the associated hosting service.
The term "Services" collectively pertains to the range of offerings provided by Wizely, as explicitly outlined within these Terms. These encompass:
- Visual Editor: A tool that enables direct manipulation and enhancement of source code, providing an intuitive interface for precision-driven modifications while maintaining code integrity.
- Content Management System (CMS): A sophisticated platform designed for streamlined content management, facilitating seamless organization, publication, and updating of digital content with efficiency and control.
- Split Testing Tool: A data-driven utility crafted to analyze user interactions, enabling automated and intelligent allocation of split groups for comprehensive and insightful testing scenarios.
- Message Queue Service: An integral component facilitating efficient communication and data exchange within digital systems, contributing to enhanced reliability and performance.
The term "Services" collectively encapsulates these diverse tools and features offered by Wizely. These tools collectively form the cornerstone of Wizely's commitment to technological advancement and user empowerment. All rights to the products, including intellectual property rights, remain with Wizely.
By using the tools and registering an account with Wizely, you agree to these Terms and enter into a legally binding contract with Wizely.
Please read these Terms carefully before using the tools or creating an account with Wizely. By using the tools or creating an account, you confirm your agreement to these Terms and acknowledge that you bear responsibility for the content you create.
The designation "User" denotes and encompasses any singular individual, corporate entity, developer, designer, agency, or product manager who engages in the utilization of the array of Services furnished by the Company, as delineated within these legally binding Terms. Such engagement may encompass, but is not confined to, accessing, interacting with, or benefiting from the Services proffered by Wizely. The term "User" serves as an inclusive reference to those who partake in activities that involve, directly or indirectly, the functionalities, features, and offerings provided by the Company. The utilization of this term within the framework of these Terms underscores the broad spectrum of entities and individuals that these stipulations are designed to govern, encompassing a diverse array of stakeholders engaging with Wizely's Services in various capacities.
2. Acceptance of Terms
The act of accessing or utilizing any of the Services extended by the Company constitutes an unequivocal acknowledgment and unequivocal agreement on the part of Users to meticulously adhere to and abide by the comprehensive expanse of terms and conditions meticulously delineated within this legally binding instrument. This deliberate act of engagement signifies a conscious acceptance of the legal obligations that these terms engender, establishing a contractual nexus between the User and the Company. Users, through their access to or utilization of the Company's Services, expressly recognize their affirmative consent to be unequivocally bound by the contours of these stipulations, which serve as the fulcrum upon which the legal relationship between the User and the Company pivots.
3. Intellectual Property
The realm of "Intellectual Property" within the purview of these Terms constitutes an imperative dimension governed by the established legal precepts and proprietary rights vested in the Company.
All rights pertaining to intellectual property, which encompass but are not confined to copyrights, trademarks, patents, trade secrets, and related intangible assets, subsist exclusively with the Company. This proprietary domain extends to and envelops the entirety of the Services provided, including the visual editor, content management system (CMS), split testing tool, and message queue service.
Pursuant to these enduring principles of intellectual property, Users are unequivocally prohibited from effecting the reproduction, distribution, alteration, reverse engineering, or any manner of unauthorized manipulation of the Services' content, codebase, functionalities, or distinctive attributes, unless explicit and formal consent has been procured from the Company in a manner consistent with the established legal norms and contractual provisions. The pivotal significance of this segment underscores the Company's steadfast commitment to safeguarding its proprietary innovations and distinctive offerings, while concurrently delineating the precise boundaries within which Users are obliged to navigate in their engagement with the Services.
4. Use of Services
The scope of entitlement granted to Users regarding the utilization of the Services is expressly contingent upon their adherence to the presiding regulatory frameworks, statutes, and these underlying Terms. Users are sanctioned to access and employ the Services in a manner consonant with their intended purpose as envisaged and facilitated by the Company. The bedrock principle herein mandates that Users' engagement with the Services is to remain within the realms of legality, and users are unequivocally obliged to harmonize their conduct with the fabric of these Terms.
Users, in accordance with their duty of responsible engagement, are unequivocally prohibited from instigating, participating in, or facilitating any actions, practices, or activities that cast a shadow upon the seamless functionality, security posture, or holistic integrity of the Services extended by the Company. This prohibition underscores the necessity to maintain an environment conducive to the unfettered, effective operation of the Services and the safeguarding of the collective interests of the user base.
This elucidation underscores the criticality of conforming to the presiding legal and regulatory landscape while enjoining Users to uphold the equilibrium of responsible utilization, thereby ensuring the sustainable and effective operation of the Services within the established legal and functional parameters.
5. Privacy and Data Usage
This duality—wherein the tenets of privacy are harmonized with the judicious leverage of user data—serves to encapsulate the pivotal interplay between privacy and utility within the ambit of the Company's offerings.
6. User Content
The cardinal principle that underscores the canvas of user-generated content is the unequivocal recognition of Users as the solitary custodians of the content they elect to upload, generate, or manage through the prism of the Services provided. This imbues Users with the mantle of sole responsibility for the accuracy, legality, and appropriateness of the content they introduce into the ecosystem. By virtue of this accountability, Users assert their role as the authors and stewards of the content, thereby ushering in a paradigm of ownership and accountability that harmonizes with their role as active participants in the Services.
In a bid to preserve the integrity of the Services and maintain fidelity to the overarching legal and regulatory frameworks, the Company reserves the immutable prerogative to exercise its authority to effect the removal or restriction of access to user-generated content that runs afoul of the delineated terms or the prevailing legal standards. This resonates as a protective measure designed to maintain the sanctity of the Services while ensuring compliance with the extant laws that govern the digital landscape.
The dichotomy encapsulated within this realm underscores the synergy between user empowerment and collective accountability, manifesting as a measured harmony within which user-generated content is meticulously navigated within the confines of these presiding terms and the tapestry of applicable legal constructs.
7. Payment and Fees
The paradigm of financial engagement within the scope of the Company's Services is a facet that underscores the dynamic nature of user participation. Users, in certain instances, may be contractually obligated to remit fees in exchange for specific tiers of access or premium features that the Services offer. This financial dimension is tailored to empower Users with a tailored and enriched experience while bolstering the capabilities at their disposal.
This juncture of financial transaction interweaves the interplay between utility and compensation, firmly grounded in the architecture of contractual documentation that upholds the equilibrium of transparency and specificity.
8. Limitation of Liability
It is imperative to underscore that the Company, in consonance with these pivotal stipulations, delineates the parameters governing its liability vis-à-vis the usage of its Services. Users are apprised that under no circumstances shall the Company be held accountable for the spectrum of potential damages, including but not limited to those of a direct, indirect, incidental, or consequential nature, that might arise from the utilization or the inability to utilize the Services proffered. This immutable limitation is undergirded by the overarching legal principles that circumscribe liability within the digital landscape.
Moreover, the Company, as a matter of operational reality, disclaims any responsibility for losses or damages that Users might incur by virtue of errors emanating from their own actions, interventions by third-party entities, or the occurrence of unforeseeable force majeure events. This exculpatory stance is reflective of the Company's commitment to acknowledging the boundaries of operational control while underscoring the shared nature of responsibility within the digital realm.
Within this panorama of liability, the Company's stance resonates as a manifestation of legal prudence and fiduciary realism, enshrining the contours within which liability is harmonized with the complexities inherent to digital interactions and external influences.
The architecture of user engagement with the Company's Services is intrinsically predicated upon the bedrock principle of adherence to the stipulations enshrined within these Terms. It is with this foundational premise that the Company, as a matter of rightful prerogative, retains the explicit authority to effectuate the suspension or termination of a User's access to the Services. This discretionary latitude is predicated upon a spectrum of potential transgressions, most notably the contravention of the delineated terms, as well as any other rational bases deemed pertinent by the Company.
The Company's stance, underscored by this provision, reaffirms its commitment to upholding the sanctity of these Terms while instituting a measure that resonates as both preventive and corrective, thereby ensuring the seamless progression of a digital ecosystem governed by compliance and accountability.
10. Governing Law
The overarching legal scaffolding that envelops these Terms rests on the bedrock of meticulous jurisdictional alignment. It is unequivocally established that the fabric of these terms shall be intricately woven within the contours of the laws espoused by the jurisdiction in which the Company is formally registered. This deliberate choice echoes the fundamental tenet that the legal precepts enshrined within these Terms are inherently shaped and influenced by the legislative framework of the jurisdiction that houses the Company's legal embodiment.
The invocation of governing law is an indispensable facet that serves to not only anchor the Terms within a well-defined legal milieu but also to imbue Users with an appreciation for the legal landscapes that underpin the dynamics of their engagement with the Company's Services. This architectural convergence between terms and legal jurisdiction serves as the lodestar for harmonizing the digital realm with the palpable constructs of the legal domain.
The dynamic nature of the digital sphere, as well as the evolving exigencies of operational realities, necessitates the strategic flexibility to effectuate modifications or amendments to these Terms. This prerogative resides squarely within the Company's province, underscoring its inherent autonomy to exercise discretion in reshaping these stipulations in alignment with the emergent demands of the digital landscape.
This endeavor for constructive evolution is, however, tethered to the legal scaffolding that defines the relationship between the Company and its Users. In consonance with this commitment, the Company proclaims its steadfast obligation to provide Users with prior notice pertaining to any impending modifications or amendments to these Terms. This proactive engagement, harmonized with the demands of applicable law, reifies the Company's aspiration to foster a transparent and communicative environment within which the evolution of these Terms is navigated.
12. Entire Agreement
The solemnity of the relationship that crystallizes between the Company and the User is encapsulated with unequivocal clarity within the confines of these Terms. The contours of this legal covenant embrace the essence of totality, ushering forth a comprehensive arrangement that supersedes and transcends any antecedent agreements or understandings, irrespective of their form—be it written or oral.
The covenant underscored within these Terms signifies a paradigmatic culmination, wherein both the Company and the User collectively demarcate the boundaries and expectations that shall harmonize their mutual engagement. By eschewing the vestiges of any prior interactions, the Company and the User consecrate their commitment to navigating the digital landscape under the aegis of these comprehensive stipulations, embodying the quintessence of a formal and exhaustive understanding.