This end user license agreement (Agreement) is a legal agreement between you (in your capacity as an individual and as an agent for your company, institution, or other entity) and wizeoni (wizeoni.com). Wizeoni is a personal data management platform which securely collects and stores personal data in the cloud. Wizeoni may offer wizeoni applications and services directly to you the consumer through mobile and desktop applications. Before you can use a wizeoni service, you must read and agree to the terms of service outlined below. Additionally, wizeoni offers data management services to a number of third parties. These services will be branded with the logo of the third party and will also bear a ‘powered by wizeoni’ logo. If you are accessing a third party service then you should read and agree to the terms of service of that third party.
You may download and use the software (wizeoni) only for your own use.
You must read the Agreement and by clicking on the I Accept button.
While installing, downloading, and/or using the Software, You agree to the terms and conditions of this Agreement.
Accessing, downloading, installing, using or copying of the Software by you or a third party on your behalf indicates your agreement to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not access, download, install, use or copy the Software. In the absence of this Agreement, you have no rights in the Software.
Subject to the section titled Rights Reserved; Ownership below and without warranty of any nature, wizeoni hereby grants to you, and you hereby accept, a non-exclusive license (License) to download, install and use the Software on your mobile device, tablet or desktop computer.
Except as specifically agreed in writing, you shall not:
This License does not grant you any right to enhancements or updates to, or support or maintenance for, the Software or any modifications made by wizeoni.
Wizeoni reserves the right at any time not to release or to discontinue release of any Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
Wizeoni hereby expressly reserves all rights in the Software, which are not expressly granted to you under this License. Wizeoni is free to license the Software on terms different from those contained herein.
Title to the Software, any modifications, and all copies thereof remain with Wizeoni. The Software includes trade secrets and information that is confidential and proprietary to Wizeoni and you agree to take all necessary actions to protect the confidentiality of such information.
You agree to prevent any unauthorized copying of the Software. Except as expressly provided herein, Wzeoni does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information in the Software.
The Software is provided to you as is without warranty of any type or nature, and Wizeoni hereby expressly disclaims any warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or any warranties arising by usage of trade, course of dealing or course of performance. In addition, wizeoni expressly disclaims any liability for the accuracy, completeness or usefulness of the Software and does not warrant that the Software will function uninterrupted, that it is error-free or that any errors will be corrected. You assume total responsibility and risk for your use of the Software, including, but not limited to any defects or inaccuracies therein.
In no event shall wizeoni be liable for any indirect, incidental, consequential, special or punitive damages of any kind or nature, including, but not limited to, loss of profits or loss of data, for any reason whatsoever, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even if wizeoni has been advised of the possibility of such loss or damages. In no event shall wizeoni accept liability for damages arising from or in connection with this Agreement exceed the aggregate amount (if any) paid by you in respect of the Software during the twelve-month period prior to the event-giving rise to liability.
You shall defend, indemnify and hold harmless wizeoni and their respective directors, officers, agents, employees and volunteers from and against any and all claims, suits, losses, damages, costs, fees and expenses arising out of or in connection with this Agreement. You shall pay all costs incurred by wizeoni in enforcing this provision, including reasonable attorneys' fees and court costs. You agree that under no circumstances will wizeoni indemnify you or any other person.
You agree that any material, information or other communication relating to the Software (such as but not limited to questions, comments, ideas, feedback) that you transmit to wizeoni will be considered non-confidential (Communications) and shall become the sole property of wizeoni. Wizeoni shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
This Agreement will commence on the date that you download and install the Software. Wizeoni may terminate this Agreement and your right to use the Software immediately should you materially breach any of its provisions or take any action in derogation of it's rights to the Software, including, but not limited to disclosing, modifying, decompiling, translating, disassembling or reverse engineering the Software.Upon any termination of this Agreement, you agree to immediately stop using the Software and uninstall it from your device.
If any of the terms, or portions thereof, of this Agreement are invalid or unenforceable under any applicable statute or rule of law, the court will reform the contract to include an enforceable term as close to the intent of the original term as possible; all other terms will remain unchanged. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement will not be deemed a waiver of any further or future right under this Agreement.
This Agreement will inure to the benefit of, and is freely assignable to, Wizeoni successors and assignees of rights in the Software.