Terms and Conditions (UK)
Terms and Conditions (UK)
Before reading
If you are younger than 18 years old and there is anything you don’t understand in the rules, it’s essential to talk to an adult you trust before using the WIZZ Service. Alternatively, reach out to us at legal@wizzapp.com with any questions.
Welcome
1.1. Thank you for using WIZZ. WIZZ SAS operates a mobile application named “WIZZ”, available for download on your mobile device (the “WIZZ App”) that allows users to make new connections and discuss with new friends (“WIZZ Service”) (“Service”).
1.2 The WIZZ Service is provided by WIZZ (“WIZZ”, “we”, “our”, or “us”). Your use of the WIZZ Service and the Service provided through it or related to it are governed by, and subject to, these Terms and Conditions.
Information about us
2.1. WIZZ SAS is a French SAS company, whose registered office is at 320 rue Saint-Honoré 75001, Paris, France, registered in the Paris Trade and Companies Register under the number 910 409 499 00019 (VAT number FR91910409499).
2.2. WIZZ SAS can be reached at the following email address: legal@wizzapp.com
2.3 Any use of the WIZZ SERVICE must abide by and follow the Wizz Content Policy available here: Content Policy
Your Privacy
Your relationship with us
When you use the WIZZ Service, you must follow the rules.
These rules are called the “Terms of Service” and include the Terms and Conditions, the Rules of Acceptable Use, and the Privacy Policy.
If you are younger than 18 years old and there is anything you don’t understand in the rules, it’s important to talk to an adult you trust before using the WIZZ Service. Alternatively, reach out to us at legal@wizzapp.com with any questions.
4.1. These Terms of Service set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the WIZZ Service.
To use WIZZ Service, you have to accept and comply with these Terms of Service, particularly the Rules of Acceptable Use as well as the Privacy Policy. You acknowledge you agree to be bound by these Terms of Service and understand that the Privacy Policy is incorporated herein by reference.
4.2. These Terms of Service govern your downloading, installing, access, and/or use of our WIZZ App, including, but not limited to, the registration and use of your account, any support, any updates we may make available to you any texts, graphics, images, arts, sounds, music, video, audiovisual effects and combinations, interactive content, software, feedback, comments, communication, suggestions and any other material, content, data, information and service which may be made available to you through the WIZZ App, whether on your mobile device, computer, on our website or any other device, platform or website.
4.3. Upon downloading the WIZZ App, you will be asked to agree to the present Terms of Service by ticking a dedicated box. If you do not agree to these Terms, you must not use the WIZZ Service and delete the WIZZ App.
Description of the Wizz Service
WIZZ is an application compatible with iOS and Android.
You need to make an account to use WIZZ and follow the rules for using it. You can swipe through WIZZ to find people online and chat with them.
There are also some paid services you can buy. You need to follow the WIZZ Content Policy when you share things like pictures or chat with other users.
5.1 The WIZZ Service includes the access to the WIZZ App that allows users to make new connections and discuss with new friends. The WIZZ App can be downloaded on iOS and Android
The use of the WIZZ App and access to the WIZZ Service require the creation of an account. When using WIZZ App, you agree to comply with our Rules of Acceptable Use as detailed in Section 12 as well as the Content Policy.
5.2. The WIZZ App allows you to find new friends and discuss and exchange content.
Our standard Service allows the user to:
(a) Swipe through the WIZZ App to find people;
(b) Access live chat and instantly chat with other users from around the world;
This standard Service is provided for free.
5.3. In addition, the WIZZ Service may include paid services notably:
– Monthly or weekly subscription allowing you, for the full duration of the subscription to access specific services or features expressly made available by WIZZ (“Subscription”);
– One-time purchase of a specific service or feature (“In-App Purchase”).
5.4. On the WIZZ App, the images, data, sound, tags, chat, text, or information that you make available or create (“User Content”) are organized. These User Content must follow the WIZZ Content Policy.
Setting up your account
You can use WIZZ if you are 13 years old or older, depending on where you live. You can check the table in Section 6.2 to see if you are old enough to use WIZZ.
Make sure to keep your account and personal information safe. This is important!
If you think someone is using your account without permission or has gained access to your account without, contact us at legal@wizzapp.com.
6.1 To access the WIZZ Service, you must download the WIZZ App on your device. You will also be required to provide your contact details, including your email address.
6.2 To be capable of entering into a legally binding agreement under the laws of your country of residence and nationality to use the Wizz Service you must be of the following minimum age:
– Australia: 13
– Austria: 14
– Belgium: 13
– Canada: 13
– Denmark: 13
– Finland: 13
– France: 15
– Germany: 16
– Ireland: 16
– Italy: 14
– Luxembourg: 16
– Monaco: 16
– Netherlands: 16
– New Zealand: 13
– Norway: 13
– Spain: 14
– Sweden: 13
– Switzerland: 16
– United Kingdom: 13
– United States: 13
6.3. You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at legal@wizzapp.com straight away to let us know.
6.4. You agree you will not create an account using false information, or on behalf of someone other than you. You are only permitted to have a single Account and may not use or access multiple accounts at the same time. You acknowledge and agree that your Account is personal to you and that you are not entitled to transfer or lend your account to any other person. You are responsible for keeping your Account information confidential and secure.
Your right to use the Wizz Service
Have fun using WIZZ, but make sure to follow the rules.
Don’t share your account with anyone else, and don’t use anything that doesn’t belong to you (like pictures, photos, or trademarks) for anything outside of WIZZ.
If you see something on WIZZ that you think shouldn’t be there, please report it to us.
7.1. Your right to use the WIZZ Service is personal to you, and you are not allowed to give this right to any other person. Your right to use the WIZZ Service does not stop us from giving other people the right to use the WIZZ Service.
7.2. Unless allowed by these Terms of Service or as permitted by the functionality of the WIZZ Service, you agree:
(a) not to copy, or attempt to copy the WIZZ App or any other portion of the WIZZ Service;
(b) not to give or sell or otherwise make available the WIZZ App or any other portion of the WIZZ Service to anyone else;
(c) not to change, or attempt to change the WIZZ App or any other portion of the WIZZ Service in any way;
(d) not to look for, access, copy, distribute, or use the code of the WIZZ App or any other portion of the WIZZ Service that we have not expressly published publicly for general use.
7.3. You agree that all texts, graphics, images, arts, sounds, music, video, audiovisual effects and combinations, interactive content, software, feedback, comments, and communication in the WIZZ App or any other portion of the WIZZ Service may be protected by intellectual property rights that belong to us or the people who have licensed those rights to us.
7.4. You agree that you have no rights in or to the WIZZ App or any other portion of the WIZZ Service other than the right to use and access them by these Terms of Service.
Purchases and subscriptions
On WIZZ, you can purchase products and subscriptions directly from the app.
Those purchases are actual contracts, and you must be over the minimum age in your country as per Section 6.2 to sign them.
If you are not sure, please make sure to speak with a trusted adult before purchasing anything.
If you choose a paying subscription for one week or one month, please note that it will renew automatically for the next week or month unless you terminate your subscription directly in the relevant store.
8.1. General
8.1.1 You agree that the sales of Subscription and/or In-App Purchase are governed by these Terms of Service.
8.1.2. By purchasing a Subscription and/or In-App Purchase from the WIZZ App, you agree that you are entering into a dedicated contract. You guarantee that you have the legal capacity to enter into a valid and non-voidable contract or that you have permission from your parents or a legal guardian to enter into this legal contract.
8.2. Payments
8.2.1. To purchase a Subscription and/or In-App Purchase you must be (i) 13 years old and/or over and (ii) legally able to purchase a Subscription and/or In-App Purchase as per the rules of your Country. If you are not sure, please discuss the subject with your parents or a trusted adult.
8.2.2. Subscriptions and In-app Purchases are managed by the application marketplace of your device’s operating system (Apple AppStore or Google Play Store depending on whether the WIZZ App has been downloaded through Apple AppStore and/or Google Play Store).
8.2.3. By purchasing a Subscription and/or In-App Purchase, you agree to be subject to Apple AppStore or Google Play Store’s terms depending on your device:
(a) Terms and Conditions of Apple AppStore: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.
(b) Terms and Conditions of Google Play Store: https://play.google.com/about/play-terms/index.html
8.3. Auto-renewal Subscriptions
8.3.1. WIZZ may offer to its users (the “Users”) the possibility to purchase a weekly or monthly Subscription for a fixed price indicated in the App (the “Price”) and/or have access for free to a free trial for a limited period (“Free Trial”) to access specific services or features expressly made available by WIZZ for use (the “Subscribed Service”).
(a) Paid Subscription automatically renews unless you cancel it before the beginning of the next renewal period. If you do not cancel the Subscription before the deadline, you will be charged for the next billing period.
(b) If you cancel the Subscription, you may continue to use the Subscribed Service until the end of the next billing period.
(c) Free Trial is automatically converted into a paid Subscription at the end of the trial period. If you do not want to renew it, you need to cancel it at least 24 hours before the Trial period ends.
(d) If you cancel during a trial period, you may only use the Subscribed Service until the end of the trial period. You can also choose to terminate the Terms of Service and close your Account before the end of this trial period, by writing to WIZZ Customer Service.
8.3.2. Subscriptions are handled and canceled directly by the Apple App Store or Google Play Store. To learn more about how to view or terminate your subscriptions with Apple or Google:
(a) https://support.apple.com/en-us/HT202039
(b) https://support.google.com/googleplay/answer/7018481
Deleting the WIZZ App will not lead to the termination of the Subscription.
Withdrawal and Warranties
Always keep in mind that there are no reimbursements for purchases within the App.
Having said this, if a certain purchase doesn’t work properly or has a problem that you didn’t know about when you bought it, please contact us and we will explain your rights in this case.
9.1 Withdrawal
9.1.1. You have a right of withdrawal that can be exercised within fourteen (14) days from the purchase of the In-App Purchase and/or Subscriptions, in accordance with the provisions of Article L221-18 of the French Consumer Code.
9.1.2. Due to the digital nature of the In-App Purchase and/or Subscription and the immediate access you will have after the purchase, you will be asked each time that you purchase to waive your right to the withdrawal period, which means that you will not be able to change your mind after making the In-App Purchase and/or Subscription. By making an In-App Purchase and/or Subscription, you expressly agree to the execution of the contract and acknowledge that you will lose your right of withdrawal.
9.1.3. We do not offer any commercial refund policy other than your statutory rights.
9.2. Warranties
Regarding the legal guarantee of conformity
As a consumer, you benefit from the legal guarantee of conformity that guarantee you against defects in the conformity of the Subscription and/or In-App Purchase existing at the time of its subscription/purchase.
This is notably the case when, the Subscription or In-App Purchase is unfit for the use normally expected of a similar service/content, it does not correspond to the description given/ it does not possess the qualities advertises or agreed upon. Non-compliance to personal data protection law can also be seen as a defect.
The legal guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital service.
The legal guarantee of conformity entitles you to have the digital service brought into conformity without undue delay following his request, without cost and without major inconvenience to you.
Regarding in-App Purchase: you have a period of two years from the date of supply of the In-App Purchase to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During a period of one year from the date of supply, you are only required to establish the existence of the lack of conformity and not the date of its appearance.
Regarding Subscription: you are entitled to the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity during the period of which the Subscribed Service is provided. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
You may obtain a reduction in price by keeping the digital service or you may terminate the contract by getting a full refund against renunciation of the digital service, if:
1° WIZZ refuses to bring the digital service into conformity;
2° The compliance of the digital service is unjustifiably delayed;
3° The digital service cannot be brought into conformity without imposing you costs;
4° The compliance of the digital service causes a major inconvenience to you;
5° The non-conformity of the digital service persists despite WIZZ’s unsuccessful attempt to bring it into conformity.
You are also entitled to a reduction in price or to rescission of the contract where the lack of conformity is so serious that it justifies the reduction in price or the rescission of the contract being immediate. In such cases, you are not required to request that the digital service be brought into conformity beforehand.
In cases where the lack of conformity is minor, you are only entitled to rescission of the contract if the contract does not provide for payment of a price.
Any period of unavailability of the digital service for the purpose of bringing it back into conformity suspends the guarantee that remained until the digital service was provided in conformity again.
Legal Guarantee of hidden defects
You also benefit from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the digital service is retained or to a full refund in exchange for renouncing the digital service.
To act on these bases, please contact WIZZ Customer Service (contact details in Section 21.1.). WIZZ does not provide any additional statutory guarantee.
Your right to use the Wizz Service
Apple App Store Provisions and other Apps and Platforms
If you have downloaded WIZZ from the Apple App Store, you must comply with the App Store Terms of Service.
If you got WIZZ from a different app store (not the Apple App Store), that store is not responsible for the WIZZ app or its content. But you still must follow the rules of that app store.
10.1. This paragraph applies where the WIZZ App has been downloaded from the Apple App Store. You agree that these Terms of Service are solely between you and WIZZ, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the WIZZ App or content thereof. Your use of the WIZZ App must comply with the App Store Terms of Service.
10.2. This paragraph applies where a WIZZ App has been downloaded from any app store or distribution platform other than the Apple App Store, including the Google Play Store (the “Distribution Platform”):
1. you acknowledge that these Terms of Service are between you and WIZZ, and not with the provider of the Distribution Platform (“Store Provider”);
2. your use of the WIZZ App must comply with the Store Provider’s then-current Distribution Platform Terms of Service;
3. the Store Provider is only a provider of the Distribution Platform where You obtained the WIZZ App;
4. WIZZ, and not the Store Provider, is solely responsible for the WIZZ App;
5. the Store Provider has no obligation or liability to you concerning the WIZZ App or the Terms of Service; and
6. you acknowledge and agree that the Store Provider is a third-party beneficiary to these Terms of Service as it relates to the WIZZ App.
Your content
When you post something on WIZZ, the content must be yours and follow Wizz rules (you can find them in section 12).
WIZZ will only use what you post to provide the WIZZ Service and will keep your rights and privacy in mind. But, for safety reasons, WIZZ has the right to might monitor what you post.
Just be careful because if you use content from WIZZ, it is your responsibility to be safe.
11.1. You confirm that any images, data, sound, tags, chat, text, or information that you make available or create (“User Content”) while using the WIZZ Service will conform to and comply with the Rules of Acceptable Use (see Section 12, below).
11.2. We do not claim ownership of your User Content that remains with you and any third party whose content you include in your User Content. Instead, upon consideration of the access to the WIZZ Service, you grant us a worldwide, non-exclusive, royalty-free license for the duration of the rights in the User Content, to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form to provide the WIZZ Service (including allowing users that you give access to any User Content to view and use your User Content and including allowing User Content to be used in any WIZZ promotion or marketing materials).
11.3. You must ensure that you are able to grant us the above license for any content owned by a third party that you include in your User Content. If you have any information that you would like to keep confidential and/or do not want others to use, do not make it available through the WIZZ Service. We have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to share or make available.
11.4. When you use the WIZZ Service, you acknowledge and agree that there may exist offensive, indecent, or otherwise objectionable material. WIZZ is not responsible for any User Content that is uploaded, transmitted, sent, communicated, or otherwise made available through the WIZZ Service by you or other Users. WIZZ does not pre-screen or monitor User Content and Users’ conduct and does not guarantee the quality, accuracy, or integrity of User Content.
Rules of Acceptable Use
When you use WIZZ, you must follow some rules (you can find them in the “More Details” section).
The rules include:
– Following WIZZ’s security measures
– Only using WIZZ to have fun and make friends, not to hurt anyone
– Not posting anything that has nudity, violence, or offensive language
– Not pretending to be someone else
– Not posting anything about drugs, gambling, or other harmful behavior
If you don’t follow these rules, WIZZ may suspend your account.
12.1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the WIZZ Service (the “Rules of Acceptable Use”).
12.2. When using the WIZZ Service you must not:
(a) create a fake Account and provide false information to WIZZ regarding your identity notably use the WIZZ Service if we have suspended or banned you from using it, give, or allow anyone else to give, any false or misleading information, impersonate any person or permit any other person to use the WIZZ Service under your name or on your behalf;
(b) interfere with any security-related features of the WIZZ Service notably misuse the WIZZ Service by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which would harm or disrupt the WIZZ Service or any user of the WIZZ Service’s equipment or use any automated system, including without limitation “robots”, “spiders”, “bots” or “offline readers” or similar systems to access the WIZZ Service, including in a manner that can use or access the WIZZ Service is a way that is more than what a human could reasonably do in the same period;
(c) violate WIZZ’s rights notably modify, interfere, intercept, scrape, disrupt, or hack the WIZZ Service;
(d) use the WIZZ Service for marketing purposes notably posting unsolicited commercial communication, sending spam, or promoting illegal products;
(e) violate other person’s intellectual property rights notably contribute any User Content that you do not own or do not have the right to use or otherwise infringes the copyright, trademark, or other rights of a third party;
(f) collect or intercept data or User Content without prior consent including collecting data of Users phishing and using automated means to collect data from the WIZZ Service;
(g) abuse, harass, or intimidate other Users or other persons or entities notably by threatening or invading another’s privacy, or causing any annoyance, inconvenience, or needless anxiety or that is likely to harass, upset, embarrass, alarm, or annoy any other person or entity by any means of communication;
(h) endanger minors and have inappropriate actions towards minors notably sending any User Content or private message related to child nudity, sexual abuse, pornography, trafficking, and any other inappropriate behavior regarding minors;
(i) advocate, promote, or engage in any illegal, improper, or unlawful conduct or conduct that causes damage or injury to any person or property including promotion of self-harm, violence, hate speech, or bullying;
(j) submit or contribute to any User Content inciting to violence and hate notably apology, denial, trivialization of crimes against humanity, a provocation to commit acts of terrorism and their apology, incitement to racial hatred, hatred of persons because of their sexual orientation, gender identity of disability as well as child pornography, incitement to violence, including sexual and gender-based violence, incitement to sexual and gender-based violence;
(k) submit or contribute to any User Content that contains nudity or that is offensive including User Content that is abusive, threatening, harassing, defamatory, racist, obscene, misleading, impersonates another person or entity, or is untrue;
(l) submit or contribute to any User Content relating to illegal or regulated goods or services including alcohol, narcotics, drugs (notably import of tobacco products in France), gambling;
(m) use the WIZZ Service for any purpose considered unlawful in the country from which you are using the WIZZ Service.
12.3. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions depending on the number of infringements, the seriousness of the infringement, and on its consequences on WIZZ and/or on the other Users and after a case-by-case analysis:
(a) suspension and in most serious cases, termination of your Account and of your right to use the relevant WIZZ App;
(b)immediate, temporary, or permanent removal of any User Content;
(c) issuing of a warning to you;
(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary and/or obliged to.
Notice and takedown policy
If you see something wrong when using WIZZ, please contact legal@wizzapp.com or ask a trusted adult to do so in your local language.
You can also directly report problematic profiles or discussions through the “Report” feature within the app.
When contacting WIZZ please describe the problem you have encountered as precisely as possible.
13.1 If you notice a User Content and/or any content available through the WIZZ App that seems illegal, infringing someone’s rights, or against the Rules of Acceptable Use, please use our notification system on the app or contact our point of contact: legal@wizzapp.com or directly through the “Report” feature on the app. You can communicate in your national language with our point of contact.
13.2 Please provide the following information in the notice (“Infringement Notice”):
(a) your name and contact details including a valid email address;
(b) a statement explaining in sufficient detail why you consider that the content available through the WIZZ Service is illegal or fails to comply with our Rules of Acceptable Use (with sufficient details regarding the law/rules violated and the facts);
(c) a factual description of the problematic content, its localization, and a link to or such other means of identifying the problematic content;
(d) a copy of the message sent to the author of the content asking him/her/it to suppress, withdraw, and/or modified the content or the justification that the author could not be reached if applicable;
13.3 If the claim arises from intellectual property infringements, please provide the following information, in addition to the information mentioned above:
(a) Information as to the work or works and or any other intellectual property-protected objects that claim to have been infringed. If applicable, provide the registration office, numbers and data, and the territories covered by the registration;
(b) a statement that (i) you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law, and (ii) the information in your Infringement Notice is accurate, and under penalty of perjury, that you are the owner of the intellectual property right(s) being infringed or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13.4. Once we receive your Infringement Notice, we will send a confirmation of receipt of the notice and will keep you updated on the decision in this respect. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to You within a reasonable period on the action we propose to take.
13.5. We do not monitor the User Content and/or usernames before their communication. However, in addition to the review of the Infringement Notice, we may engage on our initiative on content moderation. We use content moderation tools notably to detect User Content inciting violence and hate.
13.6. If we become aware of anything illegal or not compliant with our Terms of Service, Rules of Acceptable Use, and/or Content Policy we can reject, refuse or delete any User Content or username. We may also decide to suspend or in most serious cases, terminate your Account and your access to WIZZ Service. Duration of suspension or decision to terminate your Account is made taking into consideration: (i) the seriousness of the breach, (ii) repetition of the same behavior notably if you have repeatedly posted illegal User Content. We may also decide to suspend access to the notification system if you have repeatedly submitted manifestly unfounded notifications.
13.7. If you do not agree with our decision related either to your notification or to your content, you can contact our internal complaint-handling system through the application interface.
13.8. In addition, WIZZ may be asked by competent judicial and/or national authorities to act against illegal content or to provide specific information about you. If the effect is given to the order, WIZZ will inform you of the order received, the effect given to it, the reasons for this decision, the possibilities for redress that exist, and the description of the territorial scope of the order received.
Ending our relationship
If you wish to permanently close your WIZZ account, you must notify us at legal@wizzapp.com or directly through the WIZZ App.
WIZZ may also close your account if you do something prohibited by our terms or policies.
14.1 Duration
From the date of their acceptance, the Terms of Service are applicable for an indefinite period. Additional terms are applicable as of their signature.
14.2 Suspension
14.2.1. Any Account may be suspended for the time necessary in case of an exceptional event such as material damage, technical failure, or a security problem. WIZZ may partially or completely suspend access to Your Account and the execution of the Agreement in the following cases:
(a) You fail to comply with the Terms of Service and the Rules of Acceptable Use;
(b) WIZZ suspects unlawful activity associated with your Account;
(c) WIZZ suspects fraud or misuse by you;
(d) In the event of a security breach or case of fraud.
14.2.2. Access may be restored when the cause of suspension has ceased.
14.3 Termination of these Terms of Service at your discretion
14.3.1. If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the WIZZ Service, you can stop using the WIZZ Service, delete the WIZZ App and terminate the Terms of Service by sending us an email at legal@wizzapp.com. You can also submit this request directly through the WIZZ App.
14.3.2. In addition, if you are under 18, your parents can decide to terminate the Terms of Service and cancel your access to the WIZZ Service on your behalf.
14.4 Termination of these Terms of Service in the event of a serious breach
14.4.1. In case of a serious breach by you or WIZZ (the “Parties”) of his/her/its contractual obligations, the other Party may terminate the Terms of Service by sending a letter with acknowledgment of receipt detailing the alleged breach. Termination will be effective upon reception of a letter by the receiving Party.
14.4.2. The following constitutes a serious breach of the Terms of Service:
(a) For WIZZ: failure to provide the WIZZ App and the WIZZ Service for an excessive period, repeated malfunction of the WIZZ App, repeated failure to comply with the guarantees offered by WIZZ;
(b) For You: repeated failure to comply with the Terms of Service, fraud or attempt to fraud, failure to pay several times.
14.5 Consequences of the Termination of these Terms of Service
14.5.1. Termination of the Terms of Service results in closing the Account and the withdrawal of the WIZZ Service. It may also result in the deletion of your User Content that you have uploaded to the WIZZ Service or any other information we hold about you, except if WIZZ is legally authorized to keep this information.
14.5.2. If you terminate the Terms of Service, you will also lose any rights you have to use the WIZZ Service and your access to any of your User Content from the effective termination of the Agreement. Each Party remains bound to perform all its obligations under the Terms of Service until the effective termination of them. In case of an ongoing Subscription at the time of the effective termination, you receive a partial refund based on how many days you enjoy your Subscription before the effective termination of the Terms and Conditions.
Our liability/responsibility to you
WIZZ endeavors to provide you with an uninterrupted and undisturbed service. However, given the technical nature of the service, WIZZ cannot be held responsible for malfunctions of the internet network or technical issues that are beyond its control.
Moreover, WIZZ disclaims any responsibility for third-party content published on its platform, unless WIZZ is made aware of it, as well as for any user behavior on its platform.
15.1. While we will do our best to provide the WIZZ Service in accordance with these Terms of Service and ensure that the WIZZ App is of a reasonable standard and quality. However, due to the digital nature of the WIZZ Service, the WIZZ Service may be altered and/or interrupted due to (i) technical malfunctions beyond WIZZ’s control, (ii) maintenance operation, and (iii) force majeure.
15.2. In addition, as you know, the Internet network and the computer and telecommunications systems that you use to access the WIZZ Service are not bug-free, and interruptions and breakdowns may occasionally occur. We cannot provide any guarantee in this regard and therefore cannot be held liable for any damages inherent in your use of the Internet and computer and telecommunications systems.
15.3. The WIZZ Service may be accessible internationally. However, some of its features or functions may not be assessable or appropriate for use and/or may not be available to all persons or in all geographic locations.
15.4 WIZZ acts as a host of the content published by Users. WIZZ does not examine every content published by Users, so WIZZ cannot be held liable for any manifestly illegal content unless it has obtained knowledge or awareness of such content under the conditions provided in the Infringement Notice (detailed in Section 13).
15.5. The WIZZ App and any other portion of the WIZZ Service may contain some content owned or developed by third parties. If we do not own or produce such third-party content, we cannot be responsible for it.
15.6. Finally, we are not responsible for damage caused by you to WIZZ, our partners and/or other Users of the WIZZ Service, or any other person or entity because of your use of the WIZZ Service and/or of the WIZZ App in violation of the law or your obligations under these Terms of Service.
Resolving disputes
In case of a dispute between you and WIZZ, you may try to resolve the dispute informally by contacting WIZZ by writing to legal @wizzapp.com.
You can also bring a claim before the competent jurisdictions of the place where you live (e.g. French civil courts if you live in France).
16.1. Amicable dispute resolution
If we have a dispute, we will first try to resolve it together amicably.
16.2. Governing Law and Jurisdiction
16.2.1. These Terms of Service are governed by and interpreted according to French law. If you are usually residing in another country of the European Union, you benefit from rights that protect you according to mandatory provisions of the applicable law in your country of residence.
16.2.2. In addition to one of the competent jurisdictions under the French Civil Procedure Code, you may bring proceedings to the jurisdiction of the place where you resided at the time of conclusion of the Terms of Service or the jurisdiction of the place where the harmful event occurred.
Changes to the Wizz Service
You understand and agree that Wizz and its features can be changed from time to time.
17.1. We are constantly updating and improving the WIZZ Service to try and find ways to provide you with new and innovative features and services. Improvements, changes, and updates are also made to reflect changing technologies, tastes, behaviors, and the way people use the Internet and the WIZZ Service or to comply with technical, regulatory, or business needs.
17.2. For this purpose, we may need to update, reset, stop offering, and/or support a particular part or feature relating to the WIZZ Service (“changes to the WIZZ Service”). These changes to the WIZZ Service may affect your past activities on the WIZZ Service, features that you use, and modify your User Content.
17.3. Unless there is a legal or regulatory obligation or unforeseen or imminent danger, the proposed changes are not applicable before the expiration of one day. Within one day from the notification, you may terminate the Terms of Service by written notice. In the absence of termination, your continued use of the WIZZ Service shows that you acknowledge to be bound by the change to the WIZZ Service and the WIZZ Service will be automatically updated after this delay. Unless WIZZ must respect a legal or regulatory obligation, or if changes benefit you, modifications do not apply retroactively.
Changes to the terms of Service
You understand and agree that these Terms of Service can be changed from time to time.
The latest version will be available at https://www.wizzapp.info/)
18.1. We may revise these Terms of Service of Service from time to time, but the most current version will always be on the company website (https://www.wizzapp.info/) or in the relevant section of the WIZZ App.
18.2. Changes will usually occur because of new features being added to the WIZZ Service, changes in the law, or where we need to clarify our position on something.
18.3. Unless there is a legal or regulatory obligation or unforeseen or imminent danger, the proposed changes are not applicable before the expiration of one day. Within one day from the notification, you may terminate these Terms of Service by written notice. In the absence of termination, your continued use of the WIZZ Service shows that you acknowledge to be bound by the change to the Terms, and the Terms of Service would automatically be applicable after this delay. Unless WIZZ must respect a legal or regulatory obligation, or if changes benefit you, modifications do not apply retroactively. The most current version of these Terms of Service of Service will govern your use and access to the WIZZ Service, including without limitation, any content made available on or through the App.
18.4. If you do not comply with these Terms of Service and we do not act against you immediately, that does not mean we have given up any right we have and we may still take action in the future.
Indemnity
Severability
Contact, feedback and complaints
21.1. If you need to contact us about these Terms, please email WIZZ Customer Service at legal@wizzapp.com.
21.2. We value hearing from our Users and are always interested in learning about ways we can improve the WIZZ Service. By providing your feedback, you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and any payment to you.