Terms & Conditions

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. Wiziga Technologies Ltd. D/B/A WIZIGA (“WIZIGA”/“WE”/“US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT HTTPS://WIZIGA.COM/ (“WEBSITE”), AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME, AND THE WIZIGA MOBILE APPLICATION MADE AVAILABLE BY WIZIGA AND THROUGH THIRD-PARTY MARKETPLACES (THE “APP”). THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITE AND APP. BY ACCESSING, BROWSING AND USING THIS WEBSITE AND/OR THE APP, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE WHICH CONSTITUTES A BINDING LEGAL AGREEMENT GOVERNED BY AND MADE UNDER CANADIAN LAW BETWEEN YOU AND WIZIGA. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE APP OR THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, APP AND/OR THE SERVICE.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICE OR SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF BRITISH COLUMBIA, CANADA WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF OF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF SERVICE.

PLEASE NOTE THAT THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY WIZIGA IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Wiziga will make a copy of the then current Terms of Service available on the Website or we will send you an email or in-App notification. We will also update the “Last Updated” date at the top of the Terms of Service. Any non-material change (such as clarifications) to these Terms of Service and any new terms governing new features, functionality or services will become effective on the date the change is posted. For any other material changes to the Terms of Service will be effective: (i) immediately for new Users of the Website, the App, and/or Service; and (ii) thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail or in-App notice of such changes to registered Users (defined in Section 2 below). Wiziga may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Website, the App, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the App and/or the Service. Otherwise, your continued use of the Website, the App, and/or Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE OR THE APP’S ABOUT PAGE TO VIEW THE THEN-CURRENT TERMS.

1. THE SERVICE.

The Wiziga service enables active paid account users/subscribers to run a self-serve mobile service business using all or some of the features of the app. The underlying hardware, software, network storage, and related technology required to run the Service is provided by Wiziga and its third-party vendors and hosting partners.

2. REGISTRATION.

a) You must provide your legal name, a valid email address, valid phone number, and any other required information requested in order to complete the signup process and access features of the Website/App/Service. Any personal information provided by you as part of the sign-up process for the Service will be used and stored in accordance with the Wiziga Privacy Policy.

b) Account Ownership. If you register for the Service on behalf of a business organization, that business organization will be the legal and beneficial account owner. For the purpose of these Terms of Service, regardless of whether you register for an account as an individual, or on behalf of an organization, the billing contact person will be the default account owner (the “Account Owner”). The Account Owner will have certain rights within the account, including the right to cancel the account, delete information from the account and appoint account users. Notwithstanding anything to the contrary contained herein, you acknowledge and agree that the term Account Owner does not convey or connote ownership rights or any other property interest in an account, even where you are designated as the Account Owner, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Wiziga. Although the Account Owner can also appoint a new Account Owner if the billing contact is not the appropriate person to manage the account, in the event of a dispute regarding entitlement to access an account, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc. Wiziga retains the right to determine, in our sole judgment, who the rightful Account Owner is and may transfer an account to the person we consider is the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, Wiziga reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

c) Third-Party Accounts. If you access the Website, App and/or Service through a SNS as part of the functionality of the Website, the App and/or the Services, you may link your account with Third-Party Accounts, by allowing Wiziga to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Wiziga and/or grant Wiziga access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Wiziga to pay any fees or making Wiziga subject to any usage limitations imposed by such third-party service providers. By granting Wiziga access to any Third-Party Accounts, you understand that Wiziga may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Website, App and/or Service (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through Website, App and/or Service via your account. Unless otherwise specified in the Terms of Service, all SNS Content shall be considered to be User Content (defined in section 4) for all purposes of the Terms of Service. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on Website, App and/or Service. Please note that if a Third-Party Account or associated service becomes unavailable, or the third-party service provider terminates Wiziga’s access to such Third-Party Account or Wiziga terminates access, then SNS Content will no longer be available on and through Website, App and/or Service. If you decide at any time that you no longer wish to have your Third-Party Account linked to your account, please contact us at support@WIZIGA.COM. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WIZIGA DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Wiziga makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Wiziga is not responsible for any SNS Content.

3. FEES, PAYMENTS, REFUNDS

Wiziga is a fully automated self-serve SaaS (Software as a Service) program that is available with a valid recurring monthly subscription. By subscribing to this service you are authorizing a monthly payment which will show up on your credit card as coming from Wiziga Technologies Ltd. Subscription prices are subject to change at the discretion of Wiziga.com without notice plus applicable taxes. Subscriptions must be cancelled by the subscriber inside their PayPal https://paypal.com account under their "recurring payment" subscriptions. Wiziga.com does not have any authority or access to the subscriber PayPal account. There are no refunds as this is a fully automated service. If your credit card is declined during a monthly cycle, the subscription will be cancelled. Wiziga.com reserves the right to cancel or refuse a subscription at its discretion

a. Wiziga uses third party payment processor. Wiziga does not store or process any credit card information. Information on the current fees for users who are registered for the Service can be found in your PayPal (https://paypal.com) online payment processor account. Processing and auto renew of your monthly subscription is done via third party payment processor. If you sign up for a recurring paid account, and you don’t cancel that account before the end of any provided trial period, you will be billed starting on the first day following the trial period. If you cancel prior to the processing of your first invoice (i.e. up to and including the last day of your free trial), your access to the Service will terminate, and your credit card will not be charged. You must cancel your subscription through your paypal account where you will see Wiziga.com as one of your monthly subscriptions.

b. Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with section 15 below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Wiziga’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or, in the event that you receive a notice from Wiziga that your subscription will be automatically renewed, you will have thirty (30) days from the date of the Wiziga notice), by logging into your Paypal account and cancelling your Wiziga.com monthly subscription.

c. Billing, Changes to Service Tiers & Cancellations. The Service is billed in advance on a monthly basis and fees are non-refundable. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you upgrade your account, this will trigger a pro-rated charge which will be processed immediately using the payment method you have provided. Wiziga does not accept any liability for any loss of data. If you cancel the Service before the end of your current paid up month, your account will remain open until the end of the then-current billing cycle, after which the cancellation will take effect and you will not be charged for the next month or be able to access your account. Prices of all services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon fourteen (14) days’ notice from us. Such notice may be provided by email or through an in-App notification.

4. CONTENT.

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website and/or App by viewers or users including certain personal information (“User Content”), is the sole responsibility of such viewers or users. You represent and warrant to Wiziga that You have the necessary rights under applicable law or have obtained the necessary consents from each end user whose Personal Information is provided by You to Wiziga in order to allow Wiziga to use, disclose and otherwise process such Personal Information for the purposes described in our Privacy Policy. More generally, responsibility for user content means that the viewer or user, and not Wiziga, are entirely responsible for all such material uploaded, posted, emailed, transmitted, or otherwise made available by using the Service. Wiziga does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Wiziga be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted, or otherwise made available via the Service.

5. RESTRICTIONS ON USER CONTENT AND USE OF THE SERVICES.

a) Restrictions Generally. Wiziga reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. In using the Website, App and/or Service You shall not:

  1. i. copy any content unless expressly permitted to do so herein;
  2. ii. upload, post, email, transmit or otherwise make available any material that:
  3. aa) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
  4. bb) You do not have a right to make available under any law or under a contractual relationship;
  5. cc) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
  6. dd) use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  7. ee) 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 or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
  8. ff) contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
  9. iii. impersonate any person or entity or misrepresent their affiliation with a person or entity;
  10. iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
  11. v. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  12. vi. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
  13. vii. collect or store personal data about other users or viewers;
  14. viii. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or
  15. ix. modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify or reverse engineer any part of the App or any software provided as part of the Service or to falsely imply that another website is associated with the Service, Wiziga or any other Wiziga service, except to the extent the foregoing restrictions are expressly permitted by applicable law.

b) Acceptable Use. You agree to comply with all Applicable Laws in connection with the use of the Services, including the provision of any personal data and other Content to Wiziga. You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by Wiziga) of other Wiziga customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

c) Wiziga Provisioned Phone Numbers. Certain Wiziga plans may include access to a company-specific phone number which may be used to send and receive SMS messages in connection with your business. For the avoidance of doubt, You will be solely responsible for the content and legality of any communications you transmit, collect or store through this feature and you will indemnify Wiziga in respect of any claims arising in respect of the same. Company specific numbers are non-transferable by You. On cancellation or termination of your subscription or the applicable subscription plan that enables access to a company-specific number, Wiziga may reclaim and reallocate any company-specific number not currently linked to an active subscription in a tier that grants access to this feature.

6. LICENSE OF CONTENT TO WIZIGA.

By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense) to use, copy, modify, transmit, display, and distribute such User Content (a) to the extent necessary to provide the Service; and (b) to create aggregated and anonymized market research statistics and insights in respect of the customers and industries that use Wiziga. We will not share any Confidential Information, including end user data, with any third parties, except as set out in our Privacy Policy. Wiziga will not be responsible or liable for any use of User Content in accordance with these Terms of Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

7. END USER LICENSE.

Except for User Content, the App, the Website, and the information and materials contained therein, are the property of Wiziga and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service, Wiziga grants you a non-transferable, non-transferable, non-exclusive, revocable license to (a) use the Website for your use, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”). Furthermore, with respect to the access through or download of the App from the Apple App Store, Google Play or any other third-party marketplace (each an “app store ”), you will only use the App (i) on the branded device of the applicable app store owner, if required by the app store owner’s marketplace terms and conditions and (ii) as permitted by the “Usage Rules” set forth in the applicable app Store terms of service. The App is licensed to you and not sold. Nothing in the Terms of Service gives you a right to use the Wiziga names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms of Service.

8. Third-Party Apps

If you install or enable a Third-Party App for use with the Service, you grant us permission to allow the applicable App Provider to access your data and other materials and to take any other actions as required for the interoperation with the Service, and any exchange of data or other materials or other interaction between you and the App Provider including the terms on which you are permitted to use the Third Party App and the App Provider’s privacy policies, is solely between you and such App Provider. Please refer to our Privacy Policy for further information about how your personal information is processed in connection with use of the Marketplace. If you are a developer or a third-party merchant wishing to offer apps through the marketplace as an App Provider, you will be subject to the separate terms of the Integrated Partner Agreement.

WIZIGA DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE INCLUDING THIRD PARTY APPS ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WIZIGA MARKETPLACE AND WIZIGA SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. WIZIGA WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THIRD-PARTY APPS You agree to indemnify and hold us and our affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third-Party App or your relationship with any App Provider.

9. APP TERMS.

1. Third Party App Stores. Mobile users of the Service acknowledge and agree that the availability of the App and the Service is dependent on the app store from whom you received the App license. You acknowledge that the terms of service for the App are between you and Wiziga and not with the app store from whom you obtained a copy of the App. Wiziga, not the App Store, is solely responsible for the Website, App, and Service, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the app store in connection with the Website, App, and Service. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Website, App, and Service. You acknowledge that the app store (and its subsidiaries) are third-party beneficiaries of these Terms of Service and will have the right to enforce them.

2. App Subscription Plans, Fees and Payment Terms. Subscription plans for the Service will be displayed on the website. Your subscription automatically renews for a period of time equal to your original subscription term.

3. Cancellations. Notwithstanding the terms in Section 15 below, if you subscribe to the Service you can cancel your subscription by logging into your Paypal account and managing your subscriptions.

10. DISCLAIMERS.

THE WEBSITE, SERVICE, APP, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS” AND WIZIGA DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. IN ADDITION, WIZIGA SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. WIZIGA DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND WIZIGA SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. WIZIGA WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

11. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL WIZIGA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, OR (IV) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF WIZIGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WIZIGA’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100) OR (B) AMOUNTS YOU’VE PAID WIZIGA IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

12. INDEMNIFICATION.

YOU SHALL INDEMNIFY AND HOLD WIZIGA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, THE RIGHTS OF ANY THIRD PARTY, OR ANY APPLICABLE LAW OR REGULATION.

13. TERMINATION.

You are solely responsible for properly cancelling your account. Subscriptions must be cancelled by you the subscriber inside your PayPal https://paypal.com account under their "recurring payment" subscriptions. Wiziga.com does not have any authority or access to the subscriber PayPal account. Wiziga may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or App or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service or any other agreement that You may have with Wiziga (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Wiziga), (b) requests by law enforcement or other government agencies, (c) a request by the Account Owner, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities; or (g) verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Wiziga customer, employee, member, or officer will result in immediate termination of Your account. Termination of Your access to the Website or App may also include removal of some or all of the materials uploaded by You. On termination You may request deletion of certain materials uploaded by you or other Content. To the extent the data is in Wiziga’s possession, custody, or control, Wiziga will perform such deletion subject to the retention policy in our Privacy Policy, and we will certify the same in writing. You acknowledge and agree that all terminations may be made by Wiziga in its sole discretion and that Wiziga shall not be liable to You or any third-party for any termination of Your access to the Website or App or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms of Service by Wiziga shall be in addition to any and all other rights and remedies that Wiziga may have.