Terms of Use
TERMS AND CONDITIONS OF WIZZER APP
Address: 74 E Glenwood Ave Unit 5423, Smyrna, Delaware, U.S.A
E-mail: info@wizzerapp.com
1. General Aspects
1.1. WIZZER INC. is a corporation organized under the laws of the State of Delaware, U.S.A.,
with registered office at 74 E Glenwood Ave Unit 5423, Smyrna, Delaware, U.S.A. (the
"Company" or “Wizzer“) provides an artificial intelligence model for informational services for
parents accessed through, among other means, the website [ ] and App [x] (the "Platform"),
through which it offers its customers information on social and emotional skills oriented to the
development of the emotional intelligence of children, children and adolescents, with the
mission that parents have tools for emotional development in raising their children and the other
purposes described in these Terms and Conditions in accordance with its functionalities and
those announced through the Platform from time to time (the "Services"). These terms and
conditions ("Terms and Conditions") apply notwithstanding any other terms and conditions that
may be agreed to for each of the Services offered by the Company. For purposes of this Terms
and Conditions document, as well as any document that forms an integral part of this document,
the Company and the User shall be referred to as the "Parties.
"
1.2. The natural or legal person (through one of its legal representatives or any of the officials
designated by it under the terms of this document) that accesses, registers and/or uses the
Platform to access the Services, shall be referred to as the "User.
" Prior to registration, all Users
must provide the documents and information required by the Company to identify them, and for
the creation of their identification credentials (username and password) for use of the Platform.
1.3. This document, the Community Guidelines, and any other physical or electronic documents
in the form of data message, which establish terms and conditions regarding the Services or the
Platform, shall form an integral part of these Terms and Conditions. In the event of any
contradiction between the provisions of these Terms and Conditions with the provisions of any
of those documents mentioned in this section, the provisions of these Terms and Conditions
shall prevail.
1.4. Wizzer does not provide medical, psychological or psychiatric services, or similar
educational or training services. The Services and Content of the Platform are exclusively
informative for the Users.
2. Terms and Conditions of Services Provided on the Platform
2.1. The provision of Services by the Company includes access to and use of the Platform.
2.2. The services are designed to provide Users exclusively for informational purposes and do
not represent professional advice, educational services or any assistance to parents or minors.
2.3. Access and use of the contents of the Platform by the User is done under the full and
exclusive responsibility of the User.
3. Modalities for the Provision of Services
3.1. The User may choose any of the following Service modes at registration and account
creation:
● Access to Platform Content:
(i) Basic: free access to Wizzer features with a limited number of messages the user can
send.
(ii) Premium: paying monthly or yearly subscription for unlimited messages (or other
premium features).
● Access to Informative Courses on the Platform:
(i) Basic: free access to the phases and elements marked as free in each Informative
Course.
(ii) Premium: paying monthly or yearly subscription to access the unlimited Content that
makes up each Informative Course.
3.2. Subscription Model:
● The default pricing is $9.99 USD/month or $79.99 USD/year.
● Wizzer may run pricing experiments, so some Users might see variations from the
default pricing.
● The subscription includes an opt-out free trial (default 14 days), but the Company may
experiment with different trial lengths (e.g., 7 days). Users who do not cancel during the
trial will be automatically charged at the end of the trial period.
● The subscription auto-renews unless the User cancels at least 24 hours before the end
of the current billing period.
3.3. Payment is managed solely through the Apple App Store (StoreKit). Wizzer does not
collect or store any payment method details. All billing, renewals, and refunds are governed by
Apple’s policies.3.4. By selecting a Premium subscription, the User agrees to Apple’s App Store terms and to
pay the applicable subscription fees unless canceled in accordance with these Terms.
4. Third Party Platforms
4.1. The Services include the provision of access to and use of third-party technology platforms,
including programs or software ("Third-Party Platforms"). For the Services to communicate with
such Third-Party Platforms, the User may be required to enter credentials in order for the
Services to access and receive relevant information from such Third-Party Platforms, and the
User shall be solely responsible for complying with the relevant terms and conditions of the
Third-Party Platforms.
4.2. The User acknowledges and agrees that the Company has no responsibility or liability for
any Third-Party Platforms. The Company does not guarantee that the Services will maintain
integrations with any Third-Party Platforms and may disable the Services' integrations with any
Third-Party Platforms at any time with or without notice to the User. Likewise, the provision of
the Services that require Third Party Platforms shall be subject to the service level agreements
of such Third-Party Platforms and the performance, quality of service, and stability standards of
such Third-Party Platforms.
4.3. These Terms and Conditions govern the User's use of and access to the Services, even if
accessed through an integration with a Third-Party Platform.
5. Legal Information on the Use of the Platform
5.1. Users understand and agree that by clicking on the acceptance button provided on the
Platform fully accept the Terms and Conditions, which shall be binding and mandatory.
5.2. If the User does not agree with what is expressed in this document, the Company requests
that you refrain from any activity, use the information, content, browse, analyze, store, save, and
generally access and use the Platform, and/or remove the Platform immediately.
5.3. The User who registers on the Platform declares that he/she is aware of and fully accepts
these Terms and Conditions, and the Community Guidelines.
5.4. The Platform includes all text, information, graphics, images, videos, sounds, drawings,
photographs, and software included therein, whether or not subject to intellectual property, and
the User acknowledges that all of these are owned by the Company or the entities that own the
Third-Party Platforms.5.5. The Company reserves the right to change, modify, substitute, add or remove these Terms
and Conditions, and/or the Community Guidelines at any time, prior notice to the User, in which
case the latter will have the option to accept the new Terms and Conditions or terminate the
current contract with the Company. For this purpose, the Company will publish the modified,
substituted or added Terms and Conditions on the Platform.
5.6. It is the User's responsibility to keep updated on the Terms and Conditions and/or the
Community Guidelines periodically and to the extent that they are modified. The use of the
Platform after the publication of the changes made to the Terms and Conditions and/or the
Community Guidelines constitutes acceptance of such changes and the entirety of the Terms
and Conditions and/or the Community Guidelines in force.
6. Amendment, Suspension and Termination of the
Services
6.1. The Services may be suspended for breach of these Terms and Conditions, the Community
Guidelines, the Applicable Law and/or order of administrative or judicial authority. The Company
will give notice as soon as possible to the User regarding the fact that justifies the modification,
suspension or total or partial termination of any of the Services. In the case of suspension, the
Company will inform through the Platform about the suspension of the Services. Its resumption
will be informed by the same means. Regarding the termination, the Company will give notice to
the User at the time from which it becomes effective.
6.2. Users who have no outstanding accounts and/or obligations with the Company by virtue of
the provision of the Services, may terminate the relationship with the Company by canceling the
account they have created for these purposes by email to info@wizzerapp.com.
6.3. In all of the above cases, no compensation for damages shall be caused to the Company or
the User. Notwithstanding the foregoing, the User shall pay the full Price for the Services
actually rendered, plus any other costs or expenses incurred by the Company up to the date of
termination.
6.4. The Company reserves the right to unilaterally modify, at any time and without prior notice,
the presentation, configuration and content of the Platform, the conditions required for its use,
these Terms and Conditions, the Community Guidelines, as well as to introduce new
requirements or conditions as deemed by the Company. Any unilateral modification to the Terms
and Conditions and/or the Community Guidelines referred to herein will be informed to the User
and will give the User the right to terminate the contractual relationship at any time, in case the
modification does not favor its interests, having to pay to the Company any outstanding amount
due for any concept for the purpose of terminating the Services.
7. Capacity and Consent
7.1. To access the Services through the Platform, the User must be an individual of legal age in
accordance with the Applicable Law and have full capacity to act by himself or act through his
legal representative duly appointed and acting in accordance with applicable laws in Colombia.
7.2. The Company is not responsible for access to the Platform and use of the Services by
incompetent persons or persons who do not have sufficient authority and capacity to bind or
obligate a legal person User.
7.3. The User who enters and uses the Platform must read, analyze, and understand the Terms
and Conditions and the Community Guidelines before clicking on the acceptance button of this
document, so that with its acceptance, declares and guarantees that he read, analyzed, and
understood this document and all the Terms and Conditions and the Community Guidelines.
7.4. The User accepts and acknowledges that this document is and has been made available to
him/her in an environment in which he/she has been authenticated, by means of the user and
password that has been created pursuant to prior validation of his/her identity and capacity to
contract, or through his/her legal representative in the case of legal entities. Consequently, their
acts through the exchange of data messages are binding and valid under the terms of Law 527
of 1999.
7.5. By clicking on the acceptance button of this document provided on the Platform, you
expressly accept the contents of these Terms and Conditions, and with the acceptance of these
by the User, a contract between the Parties arises.
8. Conditions of Access and Use of the Platform
8.1. Users who wish to access the provision of the Services through the Platform, must
complete the registration and account creation form on the Platform that for such purpose is
made available, for the creation of the account access credentials, which will include, at least, a
username and password chosen by the User (the "Account Access Credentials"). The Account
Access Credentials shall enable the User, its legal representative or designated officer to access
the Platform and the Services.
8.2. For the creation of the Account Access Credentials, the User must provide the information
and data required by the Platform, so these represent that these are accurate and reliable.
8.3. The Account Access Credentials must be guarded and kept under strict confidentiality
measures by the User and must not be disclosed to any person. The Account Access
Credentials are personal and non-transferable, and they fully identify their holder and may not
be used in any case by a third party. The username and password are personal, unique, andnon-transferable, so a person may not have more than one username and password. If the
Company considers or suspects that the same person has more than one Account Access
Credential, or if several Users use the same Account Access Credential, it may take the
measures it deems necessary, including the cancellation or temporary suspension of the
Account Access Credentials, which is authorized by the User as a security measure, for which
reason the Company shall not be liable for any damages that the cancellation or subscription of
the Account Access Credentials may cause to a User.
8.4. The information provided by the User at the time of registration and in general the
information provided on the use of the Platform, must be complete, accurate, precise, and true.
The Company may request that whoever intends to acquire the quality of User to expand the
information provided. The Company reserves the right to request additional documents or
support it deems appropriate.
8.5. The User must properly and lawfully use the Platform, Content and Services offered, in
accordance with Applicable Law, with the Terms and Conditions, the Community Guidelines and
other instructions provided on the Platform.
8.6. The User represents and warrants that he/she will not make use of the Platform, content,
and Services for the performance of criminal or potentially criminal conduct, or for the
performance of unlawful activities, and will always comply with the Community Guidelines.
8.7. The Company may submit the User to the necessary reviews and analysis related to the
general risk management system of money laundering, terrorist financing that the Company
must implement and comply with applicable laws in Colombia. For the foregoing, each User, its
legal representative, and its designated officials, authorize the use of their personal data.
9. Obligations of the Company
9.1. Make available to the User the Platform for access and use of the Services.
9.2. Ensure the proper functioning of the Platform. Notwithstanding the foregoing, may at any
time and without notice or notice to the User, temporarily suspend accessibility and use of the
Platform, for purposes of maintenance, repair, rectification, updating or improvement of services,
or modifications necessary for the proper performance of its obligations, or in other
circumstances established in this document and the laws of Colombia.
9.3. Promote the legal use of the Platform, so as not to present actions that are clearly in
violation of the Applicable Law.
9.4. Comply with its obligations under Applicable Laws.
9.5. Any other obligation set forth in the Terms and Conditions and the Community Guidelines.
10. Obligations of the User
10.1. Pay the price of the Services in accordance with the provisions of these Terms and
Conditions, under penalty of paying the Company interest for late payment under the terms of
this document.
10.2. Refrain from performing any of the activities described in Law 1273 of 2009.
10.3. Comply with these Terms and Conditions and the Community Guidelines.
10.4. Comply with the special warnings or instructions for use of the Platform and always act in
accordance with the Applicable Law, morality, and good faith, using diligence appropriate to the
nature of the Services.
10.5. Refrain from using the Platform in any way that may prevent, damage, or impair the
normal operation of this, or the property or rights of the Company, its suppliers, other users or
third parties.
10.6. Provide the information requested when registering on the Platform and keep it updated,
ensuring that it is complete, truthful, and accurate information.
10.7. Not to introduce, store or disseminate through the Platform, any computer program, data,
virus, code, hardware, or telecommunications equipment or any other electronic or physical
instrument or device that is likely to cause damage to the Platform, any of the equipment,
systems or networks of the Company, any User, Third Parties, or otherwise be capable of
causing any type of alteration or impede the normal operation thereof.
10.8. Refrain from using the Platform to engage in unlawful or criminal or potentially criminal
conduct.
10.9. Refrain from circumventing security measures implemented by the Company or its
suppliers, hosting service providers or connection; or any activity potentially aimed at breaching
or avoiding the procedures, rules or parameters established in the Platform.
10.10. Properly safeguard the Account Access Credentials, pledging not to transfer its use or
allow access to them by third parties, assuming responsibility for any damages that may arise
from improper use of them.
10.11. Do not use false identities or impersonate others in the use of the Platform in, including
the use of passwords or access codes of third parties or otherwise.10.12. Hold harmless and be liable for claims, damages of any nature that the Company may
suffer because of improper use of the Platform, without prejudice to the Company's right to take
appropriate legal action.
10.13. Immediately notify the Company when it becomes aware of actions that are affecting or
may affect the proper functioning of the Platform or modify or alter the Contents thereof, or
represent an infringement of the Community Guidelines.
11. Intellectual and Industrial Property, Trademarks, and
Registrations
11.1. The content that by virtue of this document is made available to the User, including but not
limited to, programs, databases, networks, files that allow the User to access and use his/her
account, texts, graphics, logos, icons, images, audio files, digital downloads, computer,
advertising, photographic, multimedia, audiovisual and/or design material and any other
information (the "Content"), is the property of the Company and/or third parties with whom the
Company has entered into agreements that regulate the use of such information.
11.2. The way the Content has been used on the Platform has been designed and is the
exclusive property of the Company and the User agrees not to use portions of the Content
without the prior express written consent of the Company. Except as permitted by Applicable
Law, it is prohibited to disassemble, decompile, reverse engineer, or attempt by any means to
break the protection of the Content.
11.3. The word or figurative marks, service marks, industrial designs, works, creations,
inventions and any other element of intellectual property that is part of the Content (the
"Intellectual Property"), are the property of the Company and/or any third party that has some
type of contractual relationship with the Company and, for this reason, may not be used by the
User in connection with any product or service offered or marketed by the Company, or in any
way that generates confusion among the Company's customers or discredits the services
provided by the Company, or third parties with which the Company has contractual
relationships.
11.4. Any act of copying, partial or total reproduction, modification, creation of derivative works,
sale or distribution, exhibition of the Content or Intellectual Property is prohibited.
11.5. Any unauthorized use of the Content shall constitute a violation of these Terms and
Conditions and applicable national and international Intellectual Property laws and shall give
rise to civil and criminal prosecution.
11.6. Under no circumstances shall access to the Platform imply any kind of waiver,
transmission, permission to use, license or total or partial transfer of the Company's rights overthe Content or Intellectual Property, unless expressly stated otherwise, which must be stated in
writing.
12. Processing of Personal Data
12.1. The User and the Company with respect to personal data are obliged to: (i) Process the
personal data referred to in this Terms and Conditions document, in accordance with the
Applicable Law in Colombia, (ii) refrain from using deceptive and/or fraudulent means to collect
and carry out the processing of personal data, Perform the processing of personal data,
exclusively, for the purpose that the owners of the information have authorized. In case the
purpose is modified, obtain a new authorization from the owner, (iii) to keep confidential the
personal data to which they have access during the business relationship. This obligation
extends to all the officials or collaborators of the Parties who have access to such personal data,
even after the end of their relationship with any of the tasks involving the handling of personal
data. For this purpose, the Parties shall make each of such officers or collaborators sign a
document in which they undertake to keep the information confidential, (iv) safeguard the
security of the databases containing personal data obtained in the course of the business
relationship, adopting technical, human and administrative measures necessary to provide
security to the records, (v) promptly and diligently report any security incident, (vi) apply, as not
provided in this Terms and Conditions document, the regulations in force regarding the
protection of personal data.
12.2. The personal data will be processed exclusively for the purposes set forth in Wizzer's Data
Protection Policy. The Parties will inform the owners through the mechanisms established in the
Applicable Law in Colombia, the possibility that they must consult at any time the data of their
ownership with which the Company has, in order to update, correct or rectify them, as well as
the possibility to request their deletion or revocation, in the cases provided by law. The User
declares that he/she has had access to the Company's personal data processing policy and
agrees to comply with the provisions of this section.
13. Indemnity, Damages and Limits of the Company’s
Liability
13.1. Obligation to indemnify. Each Party agrees to indemnify and hold harmless the other
Party, its shareholders, controlling, controlled and/or subject to common control companies,
directors, managers, officers, representatives, employees and affiliates (each, the "Indemnified
Person") from and against any damages, costs, losses, liabilities, fines, interest, penalties
and/or expenses (including, without limitation, attorneys' fees) (the "Damages") resulting from
judicial and/or extrajudicial claims occurring as a result of the following:(i) breach by any Party of its obligations under these Terms and Conditions, without such breach
being cured within the remedy or cure period, if any, granted, and the remedy or cure period
shall not apply in such cases;
(ii) falsity, inaccuracy, violation or breach of representations made by any Party in these Terms
and Conditions;
(iii) breach by any of the Parties of their legal obligations in relation to these Terms and
Conditions, including but not limited to the applicable laws of Colombia and especially those on
personal data protection; and/or (iv) claims of a civil, mercantile, tax, labor, intellectual property
and/or work accident or occupational disease or similar nature, made by competent labor
authorities, employees, directors, officers and/or personnel rendering services in their capacity
as subcontractors of the other Party.
13.2. In the event that an Indemnifiable Person requests payment of Damages, the Party
subject to indemnification shall: (i) notify the other Party, as the case may be, of the existence of
Damage; (ii) grant such powers as may be necessary to defend or settle any action and/or
claim; and (iii) provide any information, cooperation or assistance as may be reasonably
necessary for the indemnifying Party to defend or settle the claim or action. Failure of an
Indemnified Person to provide timely notice shall not constitute a waiver of the Indemnifying
Party's right to indemnification and shall affect the indemnification obligation only to the extent
that the rights of the Indemnifying Party are materially prejudiced by the failure or delay in
providing such notice. Notwithstanding anything to the contrary in these Terms and Conditions:
(a) an Indemnifiable Person may participate, at its own expense, directly or through counsel of
its choice, in any defense and settlement, and (b) the Indemnifying Party shall not enter into any
settlement agreement on terms that adversely affect the rights granted to the Indemnifiable
Person or increase the obligations assumed by the Indemnifiable Person hereunder, without the
prior written consent of the Indemnifiable Person. In the event that the Indemnifying Party fails
to act in the defense of any claim in accordance with the terms of these Terms and Conditions,
the Indemnifiable Person shall have the right to defend or settle the claim, as it deems
appropriate, at the expense of the Indemnifying Party, who shall promptly reimburse the
Indemnifiable Person for all damages to the extent it is obligated to do so arising from any
judgment, order, administrative ruling or decision or arbitration award, all of the foregoing final
and without resort to any ordinary or extraordinary remedies.
14. General Limits to the Company’s Liability
14.1. The Company shall not be liable for the Damages derived from the misuse of the Services
by the User or that third parties generate to the User. The Company's liability is limited to what is
stated in these Terms and Conditions.
14.2. The Company shall only be liable for Damages directly related to the Company's actions
which directly gave rise to such Damages, and which are not Damages for which the Company
is not liable under these Terms and Conditions ("Direct Damages").14.3. The Company shall not be liable for moral Damages and direct or indirect non-economic
or consequential Damages, or for any damages not directly related to its acts or injury, such as
lost profits, loss of future revenues, business opportunities, special damages, royalties, lost
data, cost of replacing data, cost of obtaining substitute software, equipment or services or any
business or other economic loss arising out of or in connection with the acts or omissions under
these Terms and Conditions. Notwithstanding anything to the contrary, the Company shall only
be liable for any damages until such damages are finally confirmed by a court of competent
jurisdiction by a final and duly executed judgment.
With respect to the use and operation of the Platform
14.4. The User expressly disclaims liability to the Company for (a) the effects of unauthorized
interception or use by third parties of data relating to the User or the Platform or Third Party
Platforms, outside the will and diligence of the Company, (b) the inability to access or use the
Platform for any reason beyond the control of the Company, (c) any circumstance over which
the Company has no direct control, including computer equipment problems, or the failure of the
Platform to operate in a secure and error-free manner, although it will use reasonable efforts to
try to operate the Platform in a secure and error-free manner for as long as possible, (d) any
circumstance over which the Company has no direct control, including computer equipment
problems, or the failure of the Platform to operate in a secure and error-free manner for as long
as possible, including problems with computer equipment, communications equipment, software
(including viruses) or Internet providers, (e) failures in the operation of the Platform due to
causes beyond the Company's control and diligence, (f) interruption in the operation of the
Platform or computer failures, disconnections, delays or blockages caused by deficiencies or
overloads in the networks, the Internet system or other electronic systems used in the course of
its operation, and (g) damage that may be caused by third parties through unauthorized
interference beyond the control and diligence of the Company.
14.5. The Company does not guarantee the absence of viruses or other elements in the
Platform, which may cause alterations in the computer systems (software and hardware) of the
User. Consequently, the Company shall in no case be liable for any damages that may arise
from the presence of viruses or other elements that may cause alterations in the physical or
logical systems, electronic documents, or files of the User. It is up to the User, in any case, to
have adequate tools for the detection and disinfection of harmful computer programs in their
own computer equipment, for reasons beyond the control and diligence of the Company.
14.6. Each User of the Platform, separately, shall be solely responsible for the operation,
performance, and security of networks (including WAN, LAN and wireless) and computers on
and in which the Platform is accessed.
14.7. The Company shall be exempt from any liability and excused from fulfilling its obligations
while their causes are overcome, in cases where for reasons of unforeseeable circumstances or
force majeure such as earthquakes, power outages and/or telephone service and/or data
transmission lines, terrorist acts, strikes or other similar events, it is not possible to keep thePlatform operational. The User waives any action against the Company for losses, damages, or
expenses in connection with such events.
14.8. The Platform and its contents are made available to Users on an "as is" basis. No
warranty is given as to the accuracy, reliability or timeliness of the material, text, software,
graphics and links. In no event shall the Company, its suppliers or any person mentioned on the
Platform be liable for damages of any nature whatsoever resulting from their use or inability to
use them.
Regarding the contents and Third-Party Platforms
14.9. The Services may involve access to Third Party Platforms through technical linking
devices, directories and even search tools that allow the User to access such platforms. In
these cases, the Company shall only be responsible for the content and services provided on
the Platform itself.
14.10. Users will be those who agree and accept the terms and conditions for access and use of
Third-Party Platforms, without interference from the Company. The User exonerates the
Company from any liability for damages caused by the owner or administrator of any Third-Party
Platform, these being solely responsible for the promotion, representations, content, and
services provided and offered by such Third-Party Platforms. In that sense, the Company will
not respond to the User for damages caused by the illegality, quality, outdated, unavailability,
error and uselessness of the contents and/or services of Third Party Platforms, nor for the
availability and stability of Third Party Platforms, nor for damages or losses caused by the use
or reliance on the contents of Third Party Platforms, or for any other damage that is not directly
attributable to the Company.
15. Applicable Legislation and Domicile
15.1. The Terms and Conditions must be interpreted in accordance with the laws of the Republic
of Colombia (“Applicable Law”), and for all legal purposes that may arise in the development
and fulfillment of the obligations arising therefrom, the city of Bogotá D.C., Colombia is indicated
as the contractual domicile.
15.2. If any section or provision of these Terms and Conditions is declared null, illegal, or
presents a void, or for any reason is inapplicable, totally or in part, according to a law or judicial
decision, such part shall be interpreted according to the Applicable Law and its lack of
applicability or invalidity shall not generate that these Terms and Conditions are affected, and in
such event, such provisions shall be changed and interpreted so as to best achieve the
objectives of such unenforceable or invalid provisions, within the limits of the applicable law or
the decisions of the competent judicial authority as the case may be.
16. Confidentiality
16.1. The Parties hereby agree to keep and maintain and cause their personnel to keep and
maintain confidentiality on any information that is received, provided or disclosed by the other
Party and/or any of its subsidiaries or affiliates, including but not limited to, all information
relating to its operations, critical path, business, products, services, methods, processes,
procedures, systems information, contracts, agreements, discoveries, ideas, designs, drawings,
programs, know-how, financial information, technical information, current or potential customer
lists, databases, plans, projects and business policies, marketing methods, strategies, costs, or
any other information, including but not limited to, any information relating to its operations,
critical path, business, products, services, methods, processes, procedures, systems
information, contracts, agreements, discoveries, ideas, designs, drawings, programs,
"know-how"
, financial information, technical information, lists of current or potential customers,
databases, business plans, projects and policies, marketing methods, strategies, costs, or any
other information, even if such information is contained in any kind of document, file, material,
magnetic and/or electronic media, as well as the conversations that are recorded or kept in any
magnetic and/or electronic media, document, file and/or material in which such information is
recorded (the "Confidential Information"). Likewise, the Parties agree that all those works
derived from the execution of the Services shall be considered Confidential Information and
shall receive, therefore, the treatment stipulated in the present section.
16.2. The Parties agree to:
● Not to disclose and/or transmit the Confidential Information to third parties or to advisors,
officers, employees, representatives, advisors, subcontractors, or agents to whom it is
not indispensable to disclose the Confidential Information.
● To protect the Confidential Information with the same degree of care, but never to a
lesser degree, than that used to protect their own Confidential Information.
● Not to use for their own benefit and/or for the benefit of third parties the Confidential
Information that is in any way disclosed to them by any of the Parties, in the
understanding that the Parties shall only use it in accordance with these Terms and
Conditions.
16.3. In case of breach of the obligation by any of the Parties, the other Party may exercise
criminal, civil and administrative actions, as well as terminate the provision of the Services,
without prejudice to demand the payment of damages that according to the applicable laws
correspond.
16.4. Upon termination of the provision of the Services, the Parties shall remain obliged not to
disclose or use the Confidential Information and to immediately return or destroy all documents
and materials owned by them containing such Confidential Information that has been
communicated, disclosed, or delivered. In the event that the Confidential Information cannot bedelivered or destroyed, the Parties shall keep and treat it as if it were their own confidential
information until it becomes public knowledge, or for up to three (3) years after the termination
of the Services, for which reason the confidentiality obligations provided for in this section shall
continue in force until such time.
17. Entire Agreement
Acceptance of these Terms and Conditions supersedes any prior agreements, covenants,
representations, understandings, and warranties with respect to the operation of the Platform. In
the event of any conflict between these Terms and Conditions and any oral, written, or prior
agreement or understanding, these Terms and Conditions shall prevail.
18. Notices
The User agrees that all communications relating to these Terms and Conditions shall be made
through the Platform or e-mail. The Company shall have no obligation to send the User any
notice by any means other than the aforementioned.
19. Claims Processing
Any request, complaint, claim or notification must be filed through the email address
info@wizzerapp.com.
If necessary, the Company may require the User to provide the necessary documentation to
process the request. The User undertakes to submit the documentation required in the
Company's initial response within fifteen (15) business days, failing which the claim will be
deemed to have been withdrawn. Once the required documentation has been sent, the
Company will have a term of fifteen (15) business days to provide a definitive answer.
20. Validity
These Terms and Conditions shall be effective from its publication on the Platform. The User
agrees that all communication related to these Terms and Conditions will be made through the
Platform. The Company shall have no obligation to notify the User by different means. The Useragrees to enter the Platform to consult and be informed of any changes to the Terms and
Conditions that may occur.
Subscription Model & Apple Store (Additional Key Points)
1. 2. 3. 4. 5. 6. Auto-Renewal: All Premium subscriptions auto-renew unless canceled at least 24 hours
before the end of the current subscription period.
Free Trial: A 14-day free trial (default) may be offered. The Company may also
experiment with different trial lengths (e.g., 7 days). Users who do not cancel during the
trial period will be charged automatically at the end of the trial.
Payment Information: All billing is processed solely via Apple’s App Store. Wizzer does
not store or process payment methods.
Pricing Variations: Due to pricing experiments, some Users may see different pricing
from the default monthly ($9.99 USD) or yearly ($79.99 USD) subscription.
Refunds & Disputes: Subscription refunds are exclusively handled through Apple’s App
Store policies. The Company is not responsible for refund decisions made by Apple.
Canceling Subscription: Deleting the Wizzer App does not cancel the subscription.
Users must cancel through their Apple ID settings.
By using the Wizzer App, you acknowledge that you have read and agree to this revised
version of the Terms and Conditions, which includes all the necessary information about the
subscription model to ensure compliance with Apple’s App Store policies as well as
adjustments for consistency with the new paid subscription structure.