Effective date: 2024/09/14
Introduction.
Wegital HK Limited (“Wrizzle” or “We”) provides and operates the website which can be accessed at https://www.wrizzle.ai/.
The following Terms govern your access and use of our websites where these Terms are posted, our related content, products, and services (collectively “Product” or “Products”).
Please carefully review this Terms of Service and Privacy Policy (collectively the “Agreement”), because by registering, visiting, accessing, or using our Services (described below) you are agreeing to a legally binding contract, the Agreement. Your continuing visits, access, or use of our Services reaffirms your acceptance and agreement in each instance. If you do not agree to this Agreement, do not register, visit, access, or use our Services. You can terminate this Agreement at any time by closing your user account and no longer visiting, accessing, or using our Services.
ELIGIBILITY
You must be at least 13 to access and use the Services. If you are at least 13 years of age but below 18 years of age (or such other age stipulated by the law applicable to your region) of majority required for this Agreement to be binding and enforceable against you and not voidable, your parent or legal guardian must establish an Account with us. Parents and legal guardians who establish an Account with us for use by their child/ward or otherwise permit their child/ward access to the Services through their Account guarantee compliance by the child/ward with the obligations under this Agreement.
SERVICES
The Services permit you to create, upload, edit, and/or share certain textual content. By using the Services, you affirm that you are of legal age to enter into the terms. If you have any questions about these Terms or Wrizzle, please contact us via email at support@wrizzle.ai.
CHANGES TO TERMS AND PRODUCTS
Changes to this Agreement apply to your use of our Services after the effective date. Wrizzle may change the Agreement at any time. Wrizzle will notify You of a significant change through our Services, such as when You next login, or by other means. The new terms may be displayed on-screen and You may be required to read and accept them to continue Your use of the Services. If You choose not to accept any new terms, You may close your account and/or discontinue using our Services. You acknowledge that continued use of our Services after we post or send notice of the changes means that you agree to the new terms and that your personal data is subject to any updated policies.
We may provide you updates from time to time and may require you to use the most updated version. Wrizzle shall have the right in its sole discretion to substitute, replace, modify, update, or upgrade (“updates”) the Services as Wrizzle deems advisable; and, all such updates shall be incorporated in and subject to this Agreement and shall be the exclusive property of Wrizzle. If Wrizzle provides you with any updates, you will be required to utilize such a version. Wrizzle will only be required to support the most recent and current version provided to you. In case of a conflict between this Agreement and other terms provided concerning updates, such other terms will prevail. This section will not require Wrizzle to deliver new features and functionality or any future products that may be offered.
Access to Our Services.
Description of Services
Wrizzle is designed to generate, rewrite, summarize, and analyze text. It utilizes advanced algorithms to enhance content creation, offering tools for automatic text generation, rewriting capabilities to improve existing content, summarization features to condense texts efficiently, and text analysis to ensure quality and coherence. Any processing of texts you submit through Wrizzle is governed by our Privacy Policy.
REGISTRATION
You agree to provide certain information to set up your account. As part of the registration process, you will select a username and password and may provide certain information. You hereby consent to our access to and collection of such personal information about you. You agree to provide correct information and keep it updated. You represent and warrant that the information you provide to Wrizzle is accurate, true, not confidential, and not in violation of any contractual obligations or other third-party rights.
You agree to protect your password and not share your account with others. You are solely responsible for maintaining the confidentiality of your username and password. You may not authorize others to use your account, and you may not share, assign, or otherwise transfer your account or login information to any other person or entity. You are responsible for any activities that are conducted through your account. Wrizzle shall be entitled to assume that a user presenting your username and password is, in fact, you. You agree to notify Wrizzle immediately of any unauthorized use of your account. Wrizzle shall have the right at any time to change, modify, or amend your username and password without notification in advance.
You agree to only use our Services for personal reasons and not, for example, to compete with us. You represent and warrant that you are not a competitor of Wrizzle and are not using the Services in competition with Wrizzle. You further represent and warrant that you are not an attorney or an agent of an attorney investigating a potential claim related to the Services and any materials available through the Services.
By registering for the Services, you hereby authorize Wrizzle to send you emails and other communications.
IN-SERVICE PURCHASE AND PAYMENT
Wrizzle will offer certain features and certain limits to the User as a paid feature through in-service purchases. If the User would like to use such paid features under this Agreement, you will first need to make payment before accessing the paid feature.
1. Subscription Models
Such in-service purchase features may be offered on an annual or monthly basis and will be re-billed every year or month, depending upon the auto-renewable subscription model, until canceled by the User.
2. Payment Methods
Payments will be processed through Stripe which allows you to pay by credit card or link. You may access the applicable in-service purchase rules and policies directly from Stripe. You acknowledge and agree that you are fully responsible for managing your in-service purchases and the amount you spend on in-service purchases within the Wrizzle.
Please be aware that, in order to purchase content on the Wrizzle, you are required to agree to Stripe's Terms of Service. The Stripe Privacy Notice applies whenever you purchase content on Wrizzle through Stripe. Besides, Stripe may make available to you various payment processing methods to facilitate the purchase of content on the Wrizzle. You are required to abide by any relevant terms and conditions or other legal agreements, whether with Stripe or a third party, that governs your use of a given payment processing method. Stripe may add or remove payment processing methods at its sole discretion.
3. Eligibility
If you are under 18 (or such other age stipulated by the law applicable to your region), you are legally required to have your parents’ or legal guardians’ permission to make any in-service purchases. By completing an in-service purchase, you are confirming to us that you have any permission that may be necessary to allow you to make that in-service purchase.
4. Support
If you have questions about the transaction, you could consult us by emailing us at support@wrizzle.ai. We will review your message carefully and get back to you as soon as possible.
If any in-service purchase does not work, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement in-service purchase or issue you with a patch to repair the fault. In no event, we will charge you anything further to replace or repair the in-service purchase. In the unlikely event that we are unable to replace or repair the relevant in-service purchase or are unable to do so within a reasonable period and without significant inconvenience to you, we will refund you an amount up to the cost of the relevant in-service purchase.
USER SUPPORT
We may provide user support. Wrizzle reserves the right at any time to discontinue, cancel, or modify the technical support provided, if any.
MESSAGES
You agree to receive messages from us, including marketing materials, through the Services or your contact information, such as email. Any notice sent to you via such email address by Wrizzle shall be deemed given, received, and read by you, whether or not it is factually received and/or read.
AUTOMATED PROCESSING
We may provide relevant content to you and others based on automated processing. Our Services include making recommendations for content that may be interesting to you and others. We use the data you provide and the data we have about other users, to make these recommendations.
Service Availability and Termination.
We may change, suspend, or terminate your use of the Services at our discretion. Wrizzle may change, suspend, or terminate your use of the Services with or without cause or notice to You, including, without limitation, if Wrizzle believes that you have violated or acted inconsistently with the Agreement. In the event of termination, all your representations, warranties, indemnifications, and promises shall survive. Furthermore, the section, Choice of Law, Venue, Claim Resolution, and Class Action Waiver, will continue to govern any claim or dispute. We may, but do not promise to store or keep any content that you have provided. Wrizzle shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such discontinuation of services (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service, or loss of content).
Rights and Restrictions on Use.
INAPPROPRIATE CONTENT
You agree not to post or behave inappropriately. We reserve the right to determine if a post or act is offensive. You may not upload or use inappropriate Content in connection with the Services.
Inappropriate Content includes but is not limited to:
· impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity;
· promotes or contains material that is illegal, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, sexually explicit, violent, invasive of another’s privacy, hateful, discriminatory based on race/sex/religion/nationality/disability/age/sexual orientation, directed toward children under 18 years of age under the Children’s Online Privacy Protection Act (see also, FTC’s Children’s Privacy Site at http://business.ftc.gov/privacy-and-security/childrens-privacy), or otherwise objectionable;
· infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
· You do not have the right to disclose under contract or applicable law;
· contains software viruses or any other technology designed to interrupt, destroy, or limit the functionality of the Services;
· involves the transmission of “junk mail”, “chain letters” or unsolicited mass emails — “spam”;
· uses automated scripts or other technology to collect information from or otherwise interact with the Services or other users without their consent;
· engages in advertising or other solicitation activities such as pyramid schemes, contests, or sweepstakes;
· provides material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
· includes other people’s personally identifying information or other confidential information, such as credit card numbers, Social Security numbers, license numbers, passwords, phone numbers, addresses, and email addresses; or
· violates or encourages or facilitates the violation of any applicable local, state, national, or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
Violating this Agreement may lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed necessary. Wrizzle may take reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Wrizzle’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe the copyrights or intellectual property rights of others.
WRIZZLE’S LIMITED LICENSE TO YOU
You understand that you may not copy or otherwise use the Wrizzle in an unauthorized manner. Subject to your acceptance of this Agreement and your continuing compliance with this Agreement and any other relevant Wrizzle policies, Wrizzle grants to you a personal, non-exclusive, non-transferable, revocable limited license to access and use the Services (excluding source and object code) for your non-commercial, personal use on a mobile device or machine(s) of which you are the primary user. You may not copy, rent, lease, lend, sell, assign, transfer, distribute, sublicense, or prepare derivative works of any of the Wrizzle.
RESTRICTIONS ON YOUR USE
You agree not to copy our Services, circumvent our security, or otherwise engage in prohibited conduct. You agree that systematic retrieval of data from the Services to create or compile directly or indirectly, in whole or in part, a collection, compilation, database, or directory without the express written permission of Wrizzle is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping”“database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized by Wrizzle. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wrizzle or its affiliates without prior express written consent. You may not use any meta tags or any other “hidden text” utilizing Wrizzle’s name or trademarks without our express written consent. You agree that you will not use any device, software, or routine to bypass any code that may be included to prevent you from breaching the obligations in this Section or to interfere or attempt to interfere with the proper working of the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure. You agree that you will not knowingly provide false information to sabotage or otherwise negatively affect the Services. You agree you will not reverse engineer, disassemble, or decompile any Wrizzle prototypes or software, nor any other systems, information, materials, or objects that are provided to you or to which you are granted access hereunder. You agree to be bound by any application, forum, or specific rules published within the Services.
INTELLECTUAL PROPERTY
We own our intellectual property and only provide you a limited license to use our Services per this Agreement. You do not acquire any ownership rights of the Services by using it. Unless otherwise specified, all materials that are part of the Services are owned, controlled, or licensed by Wrizzle and are protected by law from unauthorized use. The entire contents of the Services are protected under copyright, patent, trademark, and/or other intellectual property laws. Wrizzle, the Wrizzle logos, and all designs are trademarks and/or trade dress of Wrizzle and may not be used without the express written permission of Wrizzle. All other trademarks appearing on the Services are the property of their respective owners. You do not acquire any ownership rights by using the Services or downloading material from or uploading material to the Services. You agree not to (and shall not allow any third party to) reproduce, distribute, publish, prepare derivative works, publicly perform, publicly display, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer or exploit any right in the Services, in whole or in part, except as expressly permitted herein. The limited licenses granted herein do not constitute a sale of the website or any portion or copy thereof. Rights not expressly granted herein are reserved by Wrizzle. You agree to only use the website as expressly permitted herein.
Your Content.
YOUR LICENCES, REPRESENTATIONS AND WARRANTIES
You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
We do not claim any ownership rights to the Content. As between you and Wrizzle, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output. Solely to operate or improve Wrizzle, you grant us a time-limited, revocable, non-exclusive, royalty-free, worldwide, free, transferable, sub-licensable license (the “Company License”) to use, reproduce, modify, distribute, create derivative works of your Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy. The Company License is time-limited in the sense that it automatically terminates when you delete the Content from Wrizzle’s page or by terminating your account with the deletion of data associated with it. We will not use any of your Content to train our algorithm. You understand that our Services may provide incomplete, incorrect, or offensive Output that does not represent Wrizzle’s views. If Output references any third-party products or services, it doesn’t mean the third-party endorses or is affiliated with Wrizzle.
You are solely responsible for the Content, and you represent and warrant that your Content will not fall within the scope of Inappropriate Content as defined above.
We may terminate your access to the Products if we find that your Content violates these Terms, our policies, or applicable law without prior notice to you.
We will not be liable to you for any modification, suspension, or discontinuation of Wrizzle, or the loss of any Content, if this loss occurs outside of our control (e.g., due to a security breach). However, we hereby commit to informing you of such security incidents in accordance with our Privacy Policy.
Our services may include third-party software, products, or services, (“Third Party Services”), and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third-Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
We welcome feedback, comments, and suggestions for improvements to the Products (“Feedback”). By submitting Feedback to us, you grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, and transferable license, under any intellectual property rights that you own or dispose of, to use, reproduce, publicly display, publicly perform, modify, adapt, translate, create derivative works from, reverse engineer, broadcast, distribute, sell, exploit, or otherwise make available the Feedback, or any portion thereof, in any media or technology now known or later developed, without any remuneration, compensation or credit to you.
WARNINGS; DISCLAIMERS
If you choose to share content through the Services in areas that others can view, copy, and use, then you do so at your own risk. Wrizzle is not responsible for and expressly disclaims any liability arising from or in connection with the use or disclosure of any information, communication, or content that you voluntarily submit through the sites or any of the apps in areas that others can view, copy, and use.
Digital Millennium Copyright Act.
1. If you believe that your copyright has been infringed by a third party on our Services, then please follow this takedown procedure. It is our policy to respond to notices of alleged infringement that comply with the relevant copyright laws and/or regulations You may notify us of an alleged infringement of intellectual property rights by contacting our Designated Agent at 【support@wrizzle.ai】
2. Upon receipt of notice of claimed infringement, we will follow the procedures specified in relevant laws to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please do not send any other communications to the Designated Agent, who is appointed solely for the purpose of receiving notices of copyright claims under the laws.
Assignment.
We may assign our rights and obligations, but you may not. Wrizzle may assign its rights and obligations under this Agreement freely. You may not assign any rights or obligations under this Agreement without Wrizzle’s written consent.
No Warranty / Disclaimers.
We disclaim any warranties for our Service and provide them as is. You expressly understand and agree that your use of the services is at your sole risk. The services are provided on an “as is”, “where is” and “as available” basis. To the full extent allowed by law, Wrizzle and its officers, agents, employees, affiliates, subsidiaries, parents, successors, and assigns (the “Wrizzle Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of fitness for a particular purpose, merchantability, non-infringement, title, quality, performance, non-interference with information, and accuracy of informational content. There is no warranty that the information provided hereunder, our efforts, or the Services will fulfill any of your particular purposes or needs. Wrizzle Parties neither assume nor authorize any other person to assume for it any other liability in connection with the sale and use of the Services. Wrizzle Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, the Services or any user communications. Wrizzle Parties are not responsible for any inaccurate content posted on the services, whether caused by users of the Services or by any of the equipment or programming associated with or utilized in the Services. Wrizzle Parties make no warranty that your use of the services will be uninterrupted, timely, secure, or error-free; the information or results that may be obtained from the use of the Services will be accurate or reliable; or the quality of any products, or services, information, or other material purchased or obtained by you through the Services will meet your expectations. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No information, whether oral or written, obtained by you from the Wrizzle Parties or through the Services shall create any warranty not expressly stated in the Agreement. Some jurisdictions do not allow certain disclaimers, so some or all of this section may not apply to you.
Limitation of Liability.
This is the limit of our legal liability to you, if any. When permitted by law, Wrizzle Parties, together with any third parties that may contribute to or be affiliated with the Services, shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if they have been advised of the possibility of such damages). The foregoing provision may have the effect of limiting the liability of the Wrizzle Parties for their own negligence, including their own gross negligence. If you are dissatisfied with the Services or any of the information contained thereon, or refuse to abide by the Agreement, your sole and exclusive remedy is to discontinue your use. Notwithstanding the foregoing, to the extent permitted by law, Wrizzle Parties’ total liability to you shall not exceed the amount you paid to use the Services. Some jurisdictions do not allow the limitation of certain liabilities, so some or all of this section may not apply to you.
Indemnification.
You agree to defend, indemnify, and hold completely harmless Wrizzle Parties, together with any third parties that may contribute to or be affiliated with the Services, from and against any and all claims, damages, costs, attorneys’ fees, expenses, and settlements, whether grounded in contract, tort, statute, law or equity, including without limitation claims arising from or related to your use of the Services or your inability to use the Services, the materials the Services contain, any alleged violation of the Agreement, and any alleged violation of the rights of a third party. The foregoing provision may have the effect of providing indemnity to the Wrizzle Parties’ liability and damages arising from their own negligence, including their own gross negligence. Some jurisdictions do not allow certain indemnifications, so some or all of this section may not apply to you.
Choice of Law, Venue, Claim Resolution, and Class Action Waiver.
If there is ever a legal dispute between us, then we agree to resolve it in Hong Kong Court with qualified jurisdiction using Hong Kong laws. The laws of Hong Kong, without application of conflict of law provisions, will apply to any disputes arising out of or relating to this Agreement or the Services. Any dispute must be raised within two (2) years after the date the cause of action arose. Failure to provide the written documentation within this time frame will render all claims related to the dispute null and void. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against Wrizzle.
FORCE MAJEURE
Wrizzle Parties shall not have any liability for any failure to perform obligations under this Agreement if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third party software, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of Wrizzle Parties or such other party.
WAIVER / SEVERABILITY/HEADINGS
If any provision of the Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore. Wrizzle’s failure to require or enforce strict performance of any provision or to exercise any right under the Agreement shall not be construed as a waiver of any such provision or right. The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Agreement.
Contact Us.
This covers how to contact us. Any notices or communications sent by you to Wrizzle pursuant to this Agreement must be in Email to the following address: support@wrizzle.ai.