Terms of Use

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 TO "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 and Eligibility

Your use of the Service is expressly conditioned on your continued payment of the subscription fees applicable to the Service as set forth at https://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 so 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.

Modifications to Terms

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 in advance of 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 prior to such revisions becoming 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

We seek to maintain reasonable security measures in order 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).

Security Measures

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.

Account Security

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.

Payment Processing

We have an engaged 3rd party subscription provider to handle all aspects of your financial transactions involved with 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: stripe.com.

Use of the Site and Service

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 contract, we will promptly refund any amounts paid for the unused portion of the Service. Revoking access would disable Gwiz Services, but your email will still be accessible as normal.

You agree not to use the Service to: (a) violate any local, state, national or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; (d) transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or (g) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (f) above.

You acknowledge that Gwiz will 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 the 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

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

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 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

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, 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 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.

Software will never be perfect. Neither your email client, nor your desktop computer or mobile device, nor your email server, nor Gwiz will ever be perfect. You have all had glitches from time to time 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 or 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 been backing all that stuff up for years, but you must know this already.

Refunds

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.