Terms & Conditions

Last updated: 10/15/2024

Welcome to WAIZZ. These terms and conditions (“Terms”) govern your access to and use of the WAIZZ web application (“Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Service.

1. Definitions

• Service : Refers to the online platform provided by WAIZZ that allows Users to generate texts and images automatically using optimized templates and AI models.
• User : Refers to any natural or legal person who accesses or uses the Service.
• GPT-4, GPT-4o, and OpenAI-o1 : Refer to text generation models developed by OpenAI.
• WAIZZ-Gen : Refers to the algorithm developed by WAIZZ to optimize outputs from GPT-4, GPT-4o, and OpenAI-o1.
• Prepaid Credits : Refer to credits purchased by the User that can be used to access certain features of the Service and do not expire.
• Subscription Credits : Refer to credits allocated to the User as part of a subscription plan, which renew monthly and expire if not used within the allocated period.
• Teams : Refer to group accounts created under subscription plans that allow multiple users to collaborate within the Service.

2. Purpose

The purpose of these Terms is to define the conditions under which Users may access and use the Service.

3. Acceptance of the Terms

By accessing or using the Service, the User acknowledges that they have read, understood, and agree to be bound by these Terms, including any future modifications.

4. Access to the Service

a. Paid Access

Access to certain features of the Service is reserved for Users who have purchased Prepaid Credits or subscribed to a paid subscription plan.

b. Payment Methods and Rates

• Payment methods, rates, and subscription conditions are available on the Service website.
• WAIZZ reserves the right to change its prices at any time. If changes to prices impact a paying User’s subscription, WAIZZ will notify the User at least 48 hours before the effective change of their tariff conditions.
• Changes will be effective immediately upon posting on the website, except for existing subscriptions, which will be subject to the aforementioned notification period.

c. Free Accounts

WAIZZ may offer free access with limited features or credits for Users to test the Service.

d. AI Tools Accessible Without Registration

WAIZZ provides certain AI tools accessible freely and without registration, such as a translator, an AI detector, a spelling and grammar checker, a Morse code translator, and a summarizer. These tools are powerful but limited in their functionalities. More advanced tools are available within the web application at https://app.waizz.net/.

5. Use of the Service

a. Compliance with Laws

The User agrees to use the Service in compliance with all applicable laws and regulations, including but not limited to U.S. law and the laws of the countries where WAIZZ operates.

b. Prohibited Content

• The User shall not use the Service to create, generate, or disseminate content that is illegal, defamatory, discriminatory, obscene, offensive, threatening, harassing, infringing on intellectual property rights, or otherwise objectionable.
• The User is strictly prohibited from submitting insults, profane, or inappropriate content to the AI models. Violation of this clause may result in immediate and permanent termination of access to the Service.

c. Responsibility for Content

• The User is solely responsible for any content generated, published, or distributed through the Service.
• The User must ensure that they use the content produced by the Service in compliance with the legal framework of their country of residence. The User assumes all consequences arising from misuse of the content produced by WAIZZ.

d. No Misuse

The User agrees not to misuse the Service, including but not limited to attempting to interfere with the Service, accessing the Service using automated means, or disrupting the normal flow of interaction.

e. Intellectual Property Rights

The User must respect the intellectual property rights of WAIZZ, OpenAI, and any third parties.

6. Content Produced by the Service

a. Uniqueness of Content

WAIZZ’s algorithms, including WAIZZ-Gen, strive to produce unique content. Our systems check for plagiarism to ensure originality.

b. Limitations

• Despite our efforts, due to the nature of AI models being trained on existing content, we cannot fully exclude the possibility that generated content may inadvertently resemble or duplicate existing works.
• WAIZZ cannot guarantee that third parties will not claim authorship or rights over content produced by the Service.
• The User acknowledges that content produced by Large Language Models (LLMs) may be subject to existing intellectual property rights and agrees to comply with the broadest applicable laws and regulations concerning such content.

c. User’s Responsibility

The User is responsible for verifying that the content generated does not infringe upon any third-party rights and is appropriate for their intended use.

d. Indemnification

WAIZZ shall not be held liable for any claims arising from the use of generated content. The User agrees to indemnify WAIZZ against any such claims.

7. Free Accounts and Multiple Account Creation

a. Single Account Policy

Each User is allowed to create and use only one free account. Creating multiple accounts to benefit from additional free credits is strictly prohibited.

b. Fraud Detection

WAIZZ employs advanced detection technologies to identify and prevent fraud, including the creation of multiple accounts from the same IP address or device.

c. Sanctions for Violation

• Users found to have created multiple accounts to exploit free credits will face immediate and permanent suspension of all associated accounts.
• WAIZZ reserves the right to ban such Users for life from accessing the Service.

d. Teams and Multiple Users

Users requiring multiple accounts or access for multiple users are encouraged to subscribe to our team plans, which allow the creation of team accounts with appropriate permissions.

e. IP Address Monitoring

WAIZZ monitors IP addresses to prevent abuse. A User may create only one account from a single IP address unless authorized under a team subscription.

8. Intellectual Property

a. WAIZZ’s Rights

WAIZZ retains all rights, title, and interest in and to the Service, including all software, algorithms (including WAIZZ-Gen), and content provided.

b. OpenAI Models

GPT-4, GPT-4o, and OpenAI-o1 are models developed by OpenAI. The User acknowledges that they do not acquire any ownership or intellectual property rights over these models.

c. User-Generated Content

• Subject to compliance with these Terms, the User retains ownership of the content they create using the Service.
• The User grants WAIZZ a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, and display such content solely for the purpose of providing the Service.

d. Third-Party Rights

The User warrants that any content generated or used does not infringe upon the intellectual property rights or other rights of any third party.

e. Regulations Concerning Content Produced by LLMs

• The User acknowledges that content generated by LLMs may be subject to existing intellectual property rights and regulations.
• The User agrees to comply with the broadest applicable laws and regulations regarding the use of content produced by LLMs, including but not limited to copyright laws and intellectual property regulations.
• WAIZZ does not guarantee that content generated will be free from claims of infringement or that it can be used without restriction.

9. Liability

a. Service Availability

WAIZZ endeavors to provide the best possible performance and availability of the Service but does not guarantee uninterrupted or error-free operation. The Service may experience bugs or technical issues. WAIZZ has a system to detect such issues and generally strives to resolve them within 48 hours.

b. Service Interruptions

• In the event of a total interruption of services lasting more than 72 hours due to a bug or other issue, paying Users may request a refund proportional to the duration of the interruption.
• No compensation or refund is available for Users of the free service.

c. Third-Party Services

• The Service relies on third-party services such as the OpenAI API, Stability.ai, and Google Cloud API.
• Service interruptions may be due to malfunctions or downtime of these third-party services.
• If the interruption is due to factors beyond WAIZZ’s control, including issues with third-party services, no financial compensation is possible.

d. Limitation of Liability

• To the maximum extent permitted by law, WAIZZ shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
• WAIZZ shall not be held responsible for any damages resulting from the User’s failure to comply with these Terms.

10. Personal Data

Users’ personal data are processed in accordance with the Service’s Privacy Policy, available at https://waizz.net/privacy-policy/.

11. Rates and Payment Terms

a. Rates

Applicable rates for the use of the Service are available on the Service website. WAIZZ reserves the right to change its prices at any time. If changes to prices impact a paying User’s subscription, WAIZZ will notify the User at least 48 hours before the effective change of their tariff conditions.

b. Payment Terms

• Payment must be made using the methods specified on the website. The User agrees to pay all fees and applicable taxes associated with their use of the Service.
• Payment transactions are processed securely through third-party providers like Stripe. WAIZZ does not store full payment details.

c. Prepaid Credits

Prepaid Credits are acquired for life and do not expire. They are non-refundable and non-transferable.

d. Subscription Credits

Subscription Credits are allocated monthly as part of subscription plans. Unused Subscription Credits do not roll over to the next month and are permanently lost if not used within the allocated period.

12. Refund Policy

a. No Refunds

Given that the Service offers free credits without obligation, the User is deemed to have tested the Service and judged its suitability before making a purchase. All sales are final. WAIZZ does not offer refunds for any purchases of Prepaid Credits or subscription fees.

b. Refunds Due to Technical Errors

• In case of a refund resulting from a software error or an error from our payment provider (such as Stripe), the refund will be made within 7 business days to the same payment method used for the transaction.
• The User must report such errors within a reasonable time to be eligible for a refund.

c. Exceptional Circumstances

WAIZZ reserves the right to assess refund requests on a case-by-case basis, and any decision to refund is at WAIZZ’s sole discretion.

13. Termination

a. Termination by User

The User may stop using the Service at any time. However, no refunds will be provided for any unused credits or remaining subscription period.

b. Termination by WAIZZ

• WAIZZ reserves the right to suspend or terminate the User’s access to the Service at any time, without prior notice, in the event of violation of these Terms.
• Grounds for termination include, but are not limited to, fraud, abuse, misuse of the Service, or any activity that is illegal or harmful to WAIZZ or its Users.

c. Effect of Termination

Upon termination, all rights granted to the User under these Terms will cease. The User may continue to use the service until the end of the subscription period, and his account will be downgraded to a free user at the end of this same period.

14. Modification of the Terms

a. Updates

WAIZZ reserves the right to modify these Terms at any time.

b. Notification

• Changes will be effective immediately upon posting the updated Terms on the Service website.
• WAIZZ may notify Users of significant changes via email or through the Service interface.

c. Acceptance of Changes

Continued use of the Service after changes to the Terms constitutes acceptance of the new Terms.

15. Compliance and Enforcement

a. Monitoring

WAIZZ reserves the right, but is not obligated, to monitor any activity and content associated with the Service.

b. Legal Compliance

The User agrees to comply with all applicable laws, regulations, and industry standards. The User is responsible for ensuring that their use of the content produced by the Service is in compliance with the legal framework of their country of residence.

c. Reporting Violations

Users are encouraged to report any violations of these Terms to WAIZZ.

16. Governing Law and Jurisdiction

a. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of laws principles.

b. Jurisdiction

Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware. The User consents to the jurisdiction of such courts.

17. Miscellaneous Provisions

a. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

b. Waiver

The failure of WAIZZ to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

c. Entire Agreement

These Terms, along with the Privacy Policy, constitute the entire agreement between the User and WAIZZ regarding the use of the Service.

d. Assignment

The User may not assign or transfer any rights or obligations under these Terms without prior written consent from WAIZZ.

e. Force Majeure

WAIZZ shall not be liable for any failure to perform its obligations where such failure results from any cause beyond its reasonable control.

18. Prohibited Uses

a. Illegal Activities

The User is prohibited from using the Service to engage in any activity that is illegal under U.S. law or the laws of any country where WAIZZ operates.

b. Content Restrictions

• The User shall not use the Service to generate content that involves, promotes, or depicts:
  • Violence, harassment, or hate speech.
  • Child exploitation or abuse.
  • Terrorist activities.
  • Discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
  • Any other content that is unlawful or prohibited.

c. Violation of Terms

• Any violation of this Article may result in immediate suspension or termination of the User’s account.
• WAIZZ reserves the right to report any illegal activities to the appropriate authorities.

19. User Conduct

a. Respectful Use

Users must interact with the Service in a respectful and lawful manner.

b. No Harassment

Harassment, bullying, or any form of abuse toward WAIZZ staff, other Users, or the Service itself is strictly prohibited.

c. Security Measures

The User shall not attempt to circumvent, disable, or otherwise interfere with security-related features of the Service.

20. Indemnification

a. Indemnification

The User agrees to indemnify, defend, and hold harmless WAIZZ, its affiliates, officers, agents, and employees from any claim, liability, loss, damage, cost, or expense arising out of or related to:

• The User’s use of the Service.
• Any content generated or provided by the User.
• Any violation of these Terms.

21. Contact Information

For any questions regarding these Terms, please contact WAIZZ at:

• Email: support (at) waizz.net
• Postal Address: 900 Foulk Road (Suite 201), Wilmington, DE 19803, USA

By using the Service, the User acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions. Thank you for choosing WAIZZ. We are committed to providing you with a powerful and reliable service.