Wizsm Terms of Service

Last Updated: 1st July 2024

Welcome to Wizsm Cloud provided by Wizly Corporation. By accessing or using our cloud services (“Services”), you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, please do not use our Services.

1. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms, including any future modifications. We may update the Terms from time to time, and it is your responsibility to review these Terms regularly. Continued use of the Services after such changes will constitute your acceptance of the new Terms.

2. Services Description

Wizsm Cloud provides cloud-based solutions designed to enhance decision-making and strategy execution for organizations across industries. Our services include tools for strategy management, performance measurement, process management, project management, risk management, and quality management. These solutions empower users to streamline their operations, gain real-time insights, and improve overall organizational effectiveness.

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice.

3. User Accounts

  • Account Registration: To access certain features of the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
  • Account Security: You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to secure your account.

4. Acceptable Use

  • Prohibited Activities: You agree not to use the Services for any unlawful purpose or to engage in any activity that disrupts or interferes with the proper functioning of the Services, including but not limited to:
    • Uploading or transmitting any viruses or malicious code.
    • Attempting to gain unauthorized access to other accounts or systems.
    • Using the Services to store or distribute illegal content.
  • Compliance: You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations.

5. Data Privacy

Our Privacy Policy explains how we collect, use, and share your personal information. By using our Services, you agree to our collection and use of data as described in our Privacy Policy.

6. Service Availability

We strive to provide reliable and continuous access to our Services. However, we do not guarantee that the Services will be available at all times or that they will be free of errors or interruptions. We may perform scheduled or unscheduled maintenance, which may temporarily affect the availability of the Services.

7. Intellectual Property

  • Ownership: We retain all rights, title, and interest in and to the Services, including any related intellectual property.
  • User Content: By using our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display any content that you upload or store on the Services solely for the purpose of operating and improving the Services.

8. Limitation of Liability

To the maximum extent permitted by law, Wizsm Cloud will not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use or inability to use the Services, even if we have been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify and hold harmless Wizsm Cloud, its affiliates, and their respective officers, directors, and employees from any claims, losses, liabilities, or expenses (including reasonable attorney fees) arising out of or related to your use of the Services or your violation of these Terms.

10. Termination

We reserve the right to suspend or terminate your access to the Services at our discretion, without notice, if you violate these Terms or engage in activities that harm the Services or other users.

11. Governing Law

This EULA shall be governed by and construed in accordance with, the laws of British Virgin Island, without regard to the conflicts of laws principles thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Any legal action, proceeding or dispute arising out of or relating to this EULA shall be, after the parties have made good faith efforts to resolve the dispute informally, finally settled in arbitration in accordance with the British Virgin Island Arbitration Act.

The arbitration shall be held in British Virgin Island, and the arbitration proceedings shall be conducted in the English language. The arbitral tribunal shall consist of one (1) sole arbitrator, who shall be appointed by the BVI Court.

The decision of the arbitrator shall be final, and binding and each Party agrees not to commence any proceedings before any court in relation to a dispute except for the purposes of enforcement of an Arbitration Award. Judgement on the award of the arbitrators may be entered any court having jurisdiction thereof or having jurisdiction over a Party or its assets.

12. Force Majure

Nonperformance by Wizsm Cloud and Wizly Corporation shall be excused to the extent that performance is rendered impossible by strike, fire, earthquake, war, flood, governmental acts or orders or restrictions or other acts of God, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing party (“Force Majeure Event”). A Force Majeure Event suffered by a subcontractor of Wizly Corporation shall also discharge Wizly Corporation from liability if subcontracting from other source cannot be made without unreasonable costs or a significant loss of time. Wizly Corporation shall not be liable for delays and damages caused by a Force Majeure Event.

13. Contact Us
If you have any questions about these Terms, please contact us at connect(at)wizly.io.

By using our Services, you acknowledge that you have read, understood, and agree to these Terms of Service.