Last modified: March 15, 2018
Welcome to WyzePal.
Thanks for using our products and services (“Services”). The Services are provided by Distinctor (Pty) Ltd, trading as WyzePal, (“wyzepal, WyzePal”), located at Wyze-House, B0559 Nwajaheni Village, Nwamitwa, Tzaneen, Limpopo, South Africa.
By using our Services, you are agreeing to these terms. Please read them carefully.
We have a diverse range of services, thus sometimes additional terms and/or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not WyzePal’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws, School, College or University Policies, etc.
You may need a WyzePal Account in order to use some of our Services. You may create your own WyzePal Account, or your WyzePal Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a WyzePal Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your WyzePal Account, keep your password confidential. You are responsible for the activity that happens on or through your WyzePal Account. Try not to reuse and/or recycle your WyzePal Account password on third-party applications. If you learn of any unauthorized use of your password or WyzePal Account, contact email@example.com
WyzePal’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that WyzePal can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the terms and provisions of applicable law for the time being.
Our designated address for notice of alleged copyright infringement on the Services is: WyzePal, Stand No. B0559 Nwajaheni Village, Nwamitwa, Tzaneen, Limpopo, South Africa or firstname.lastname@example.org
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content unless you provide a license that state otherwise or unless such information is uploaded and/or shared through public Streams owned and created by WyzePal.
When you upload or otherwise submit content to our Services through streams created and owned by WyzePal, you give WyzePal (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, perform, display and distribute such content. This license continues even if you stop using our Services (for example, so that we can deliver a message that you sent to another Account before you stopped using our Services).
Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there may be terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
If you use the Services to share content with others, anyone you’ve shared content with (including the general public, in certain circumstances) may have access to the content.
In order to provide the Services, our servers save a record of the messages received by each Account (the “Received Message Information” for the account). If you are using our Services on behalf of a business and a representative of that business sends email@example.com a request to delete all of your business’ accounts with us, then within a commercially reasonable period of time, we will close all of your business’ accounts with us and delete the Received Message Information for each such account by removing pointers to the information on our active servers and overwriting it over time. Notwithstanding the foregoing, deleting the Received Message Information for your business’ accounts will not require deleting any information about messages that were sent or received by any Accounts that are not one of your business’ accounts with us (such as system-wide announcement messages or any messages corresponding with the WyzePal support team).
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, level and nature of discussion with our systems, bots, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
WyzePal gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by WyzePal as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by WyzePal, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. WyzePal may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms, neither WyzePal nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Liability for our Services
When permitted by law, WyzePal, and WyzePal’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of WyzePal, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
In all cases, WyzePal, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify WyzePal and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between WyzePal and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The courts in some countries will not apply South African law to some types of disputes. If you reside in one of those countries, then where South African law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of South Africa, excluding South Africa’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in South Africa, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in South Africa, and you and WyzePal consent to personal jurisdiction in those courts.