EULA

LAST UPDATED: August 28, 2023

Thank you for using WiseArt! These terms of service (the “Terms”) govern your use of WiseArt (the “App”), so please carefully read them before using the App.

By using the App you agree to be bound by these Terms. If you are using the App on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

You may use the App only in compliance with these Terms. You may use the App only if you have the power to form a contract with WiseArt and are not barred under any applicable laws from doing so. The App may continue to change over time as we refine and add more features. We may stop, suspend, or modify the App at any time without prior notice to you. We may also remove any content from our App at our discretion.

Your Privacy

How we collect and use your information generally is explained in our Privacy Policy.

Sharing Your Stuff

The App provides features that allow you to share your stuff with others or to make it public. There are many things that users may do with that stuff (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public.  WiseArt has no responsibility for that activity.

Advertisement in App

Google Analytics Advertising Features are used to improve the experience of Ads and recommend books within our App.

The App and Updates

Your license to use the App is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the App, nor attempt to do so, nor assist anyone else to do so.  WiseArt may update the App on your device automatically when a new version is available.

WiseArt Property and Feedback

These terms do not grant you any right, title, or interest in the App, or the content in the App. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us without any obligation to you. The App and other technology we used are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the WiseArt trademarks, logos, domain names, or other brand features.

Copyright

WiseArt respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported to wisemate.ai@gmail.com.

Other Content

The App may contain links to third-party websites or resources.  WiseArt does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

Termination

Though we’d much rather you stay, you can stop using our App any time. We reserve the right to suspend or end the App at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the App in any way that would cause us legal liability or disrupt others’ use of the App. If we suspend or terminate your use, we will try to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

WiseArt is Available “AS-IS”

Though we want to provide a great service, there are certain things about the  we can’t promise. For example, THE APP ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  WiseArt  will have no responsibility for any harm to your phone system, loss or corruption of data, or other harm that results from your access to or use of the App. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL  WISEART, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT  WISEART HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP MORE THAN THE AMOUNTS PAID BY YOU TO WISEART FOR THE PAST THREE MONTHS OF THE APP IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the App after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the App.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE APP WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and  WiseArt with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights.  WiseArt’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but  WiseArt may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.  WiseArt and you are not legal partners or agents; instead, our relationship is that of independent contractors.