Terms of Use

1. General Terms

These Terms form a legally binding agreement between you and Witsy. Please read the Terms carefully before using the Services.

Please review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies, or documents that may be posted on the Services from time to time are expressly incorporated by reference.

We may change these Terms on this page of the Website. We may notify you of critical changes via email or by posting notifications on the Services, but are not obliged to do so in every case. Any changes will be notified by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each change. If you do not agree to the changes, you should stop using the Services. Continued use of the Services after changes to these Terms indicates acceptance.

If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by these Terms, do not download the App or use the Services.

2. Important Disclaimers

The App contains summaries, lessons, learning paths, flashcards, recommendations, and AI-assisted feedback based on books, articles, lectures, and other educational sources. The information within the Services is for educational and informational purposes only.

We do not offer medical, legal, financial, psychological, or other professional advice. If you have health, legal, financial, or other professional questions, consult a qualified professional.

The ideas described in summaries or source-based lessons may reflect the authors' personal thoughts and not ours. We make no guarantees about the success you may achieve by following any advice, strategies, learning paths, or recommendations, and you accept that results will vary.

Mentioned authors, publishers, lecturers, platforms, or source materials do not endorse or sponsor the App unless expressly stated. The mention of third-party sources does not constitute endorsement by us, and nothing in the App suggests that any mentioned author or third party authorizes, supports, endorses, or sponsors Witsy.

3. Profile Registration

To use some Services, you may need to register a profile in the App or Website ("Profile") and provide certain information as prompted by the registration flow.

If you register a Profile, you represent and warrant that all registration information is truthful and accurate, that you will maintain the accuracy of such information, and that your use of the Services does not violate any applicable law, regulation, or these Terms. Otherwise, the Services may not operate correctly, and we may not be able to contact you with important notices.

The Services are not intended for individuals under 13. Users who are minors in their jurisdiction must have the permission and supervision of a parent or guardian to use the Services. If you are a minor, your parent or guardian must read and agree to these Terms before you use the Services.

We reserve the right to suspend or terminate your Profile or access to the Services with or without notice if you breach these Terms.

You are responsible for maintaining the confidentiality of your Profile login information and are fully responsible for all activities that occur under your Profile. Notify us immediately of any unauthorized use or suspected unauthorized use of your Profile or any other breach of security. Witsy is not liable for any loss or damage arising from your failure to comply with these requirements.

By using the Services, you agree to receive certain communications from Witsy, such as service updates, account notices, subscription notices, learning reminders, email messages, or push notifications. You can opt out of non-essential communications by unsubscribing from emails or adjusting your device push preferences.

4. Services

You agree that your use of the Services will be consistent with the license, covenants, and restrictions in these Terms and will not infringe or violate the rights of any other party or breach any contract or legal duty. You will comply with all applicable laws, regulations, and ordinances relating to the Services and your use of them.

You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Services and all associated fees, such as computing devices, mobile devices, mobile data, and internet service provider charges.

We retain the right to implement changes to the Services, including free or paid features, at any time without notice or liability. Your access to the Services may be impaired or prevented by various actions, technical issues, provider outages, or changes, and Witsy has no responsibility or liability for such actions.

Your access to and use of the Services is at your own risk. We are not responsible for any harm to your computing system, mobile device, loss of data, or other harm resulting from your access to or use of the Services or reliance on any information, lesson, recommendation, feedback, or advice.

We have no obligation to provide customer support. However, Witsy may provide support at its discretion.

5. Additional Products and Modules

Additional packages, products, modules, learning paths, collections, or premium features may be offered to users in addition to the main subscription package. These additional offerings may be added to and bound to the user's main subscription package. Therefore, if the main package subscription ends, additional package access may also expire.

Additional package contents may be changed or updated over time. A purchased package is valid with the scope on the date of purchase. There is no warranty for later features or updates unless expressly stated.

6. Intellectual Property and User Content

All text, images, marks, logos, compilations, data, content, software, and materials displayed on the Services or used by Witsy, excluding User Content, are proprietary to Witsy or third parties.

Witsy reserves all rights, including intellectual property rights, in all the foregoing. Except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation is strictly prohibited. The provision of the Services does not transfer any rights, title, or interest in such intellectual property rights to you or any third party.

The information you submit as part of your registration, and any data, text, learning goals, recall answers, feedback, and other material you submit or post ("User Content") remain your intellectual property, and we do not claim ownership of such User Content. You agree that Witsy may retain copies of registration information and User Content and use it as reasonably necessary for operation of the Services and as described in these Terms and the Privacy Policy.

You grant Witsy a non-exclusive, worldwide, transferable, sublicensable right to host, use, store, reproduce, process, adapt, and display User Content only as reasonably necessary to provide, maintain, personalize, improve, and secure the Services.

Subject to these Terms, Witsy grants you a non-transferable, non-exclusive license, without the right to sublicense, to use the Services for your personal, non-commercial purposes and install and use the App on your handheld mobile device for personal, non-commercial purposes.

7. App Stores, Third Parties, and Other Users

The availability of the App depends on the third party from which you received the App, such as the Apple App Store or Google Play Store (collectively, "App Stores").

You agree to pay all fees charged by the App Stores in connection with the App. Your license to use the App is conditioned upon compliance with all applicable agreements, terms of use, and policies of the App Stores. The App Stores are third-party beneficiaries of these Terms and have the right to enforce these Terms.

The Services may contain links to third-party websites, resources, source materials, books, articles, lectures, or other third-party content. Witsy is not responsible for third-party content. We provide links or references as a convenience and do not review, approve, monitor, endorse, warrant, or make representations regarding them unless expressly stated. You assume all risk arising from your use of any such websites, resources, or third-party content.

Each user of the Services is responsible for their User Content. Witsy is not responsible for User Content and does not guarantee its accuracy, currency, suitability, or quality.

You release us, our service providers, agents, and successors from claims, disputes, costs, losses, liabilities, damages, expenses, and judgments of any kind arising from interactions with any App Store, other Services users, or third-party content.

8. User Representations and Restrictions

By using the Services, you represent and warrant that:

• You have the legal capacity and agree to comply with these Terms;
• You are not under the age of 13;
• You will not access the Services through automated or non-human means, such as a bot or script;
• You will not use the Services for illegal or unauthorized purposes;
• You are not in a country subject to a U.S. government embargo or designated as a terrorist-supporting country;
• You are not on any U.S. government prohibited or restricted party list;
• Your use of the Services will not violate any applicable law.

If you provide false, inaccurate, not current, or incomplete information, we may refuse any current or future use of the Services.

You may not use the Services for any purpose other than what we make available. The Services may not be used for commercial endeavors unless specifically authorized.

As a user of the Services, you agree not to:

• Systematically retrieve data or content from the Services to create a compilation or database without written permission;
• Make unauthorized use of the Services;
• Modify, adapt, improve, enhance, translate, or create derivative works from the Services;
• Use the Services for any revenue-generating endeavor or commercial enterprise without authorization;
• Make the Services available over a network allowing access by multiple devices or users simultaneously;
• Use the Services to create a product, service, or software competitive with or substituting the Services;
• Use proprietary information or interfaces in the design or development of applications for use with the Services;
• Circumvent, disable, or interfere with security-related features of the Services;
• Engage in unauthorized framing or linking to the Services;
• Interfere with, disrupt, or create an undue burden on the Services or networks connected to the Services;
• Decipher, decompile, disassemble, or reverse engineer any software making up the Services;
• Bypass measures designed to prevent or restrict access;
• Upload or distribute files containing viruses, worms, trojans, or other harmful software;
• Use automated systems to access the Services or send unsolicited commercial emails;
• Disparage, tarnish, or harm Witsy or the Services;
• Use the Services inconsistently with applicable law;
• Infringe these Terms.

9. Indemnification

You agree to indemnify and hold Witsy and its service providers harmless from any claims, disputes, costs, losses, liabilities, damages, expenses, and judgments arising from your use of the Services, User Content, or violation of these Terms.

10. Disclaimer of Warranties

The Services are provided "AS IS" without warranty. We disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement. We make no warranty that the Services will meet your requirements or be available uninterrupted, secure, or error-free. Your use of the Services is at your own risk.

11. Limitation of Liability

To the maximum extent permitted by law, Witsy and its service providers are not liable for incidental, special, exemplary, or consequential damages, including lost profits, revenues, savings, business opportunity, data, goodwill, service interruption, computer damage, or system failure arising out of these Terms or the use of the Services. Witsy's total liability will not exceed the amounts paid by you to Witsy for the Services or one hundred dollars ($100), whichever is greater. The limitations of damages are fundamental to the agreement between Witsy and you.

12. International Use

Witsy makes no representation that the Services are legally available for use in your jurisdiction. Accessing and using the Services from territories where it is illegal is prohibited. You are responsible for compliance with local laws.

13. Dispute Resolution & Governing Law

Dispute Resolution

This section applies to any dispute, which means any disagreement, action, or controversy between you and Witsy concerning the Services or these Terms, whether based on contract, warranty, tort, statute, regulation, or any other legal or equitable basis.

Notice of Dispute

In the event of a dispute, you or Witsy must give the other party written notice of the dispute, including the name and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to info@getwitsy.co. We will send any Notice of Dispute to you by mail if available, or otherwise via email. The parties will attempt to resolve the dispute through informal negotiation within fifty (50) days from the date the notice is sent.

Governing Law and Jurisdiction

If the dispute is not resolved through informal negotiation within fifty (50) days, either party may bring an action in court. These Terms shall be governed by and construed in accordance with the laws applicable to the Service Provider, without regard to conflict of law principles, unless mandatory consumer protection laws require otherwise.

14. Miscellaneous

No delay or omission by Witsy in exercising any rights under these Terms will impair such rights or be a waiver. A waiver by Witsy of any breach will not be a waiver of any subsequent breach.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect and will be reformed to reflect the intent of the parties.

These Terms set forth the entire agreement between you and Witsy and supersede all prior agreements regarding its subject matter.

We may transfer our rights and obligations under these Terms. By accepting these Terms, you consent to such transfer. Notice of transfer will be provided by updating these Terms.

All communications on the Services are considered electronic. You agree that electronic communications, including notices, disclosures, agreements, and records, are equivalent to written communications and are legally binding. By clicking "Submit," "Continue," "Register," "I Agree," or similar buttons, you are submitting a legally binding electronic signature.

Witsy is not liable for any failure to comply with these Terms due to factors beyond its control.

15. Refund & Cancellation

I. Subscription

Witsy and the Website may be provided on a free basis with access to basic features. Access to unlimited or premium features may require a paid subscription. The full list of Witsy's features and pricing will be provided in the App, on the Website, or at the point of purchase before the purchase. You can choose from available subscription options. Prices may vary by country, currency, taxes, marketplace, or platform. Your subscription may automatically renew within 24 hours before the current subscription period ends unless canceled.

II. Free Tier

You may have the opportunity to use free tier features, previews, trials, or limited learning sessions. To continue using premium features after this, you may need to choose one of the paid subscription plans available.

III. Payment Methods

You may pay for your subscription through the Apple App Store, Google Play Store, or any other payment method made available by Witsy. Payment will be charged to the payment method associated with the selected marketplace or provider at the time of purchase. You authorize the applicable provider to charge the subscription fees for the plan you choose.

IV. Cancellation

Canceling your subscription means that automatic renewal will be disabled, but you may still have access to subscription features for the remaining time of your then-current period. Deleting the App does not cancel subscriptions. To manage or cancel a subscription, use the Apple App Store, Google Play Store, or the provider through which you purchased the subscription. To avoid being charged for your next billing period, cancel your subscription at least 24 hours before your next billing date. Subscription fees are non-refundable except as required by law or by the applicable marketplace policy.

V. Refunds

All purchases made through the App or Website involve digital content and are considered non-refundable and non-exchangeable, unless otherwise required by law or specifically stated in this policy. When you complete a purchase, the digital service may be made available immediately, and you acknowledge that the service is considered performed once delivered.

EU Consumer Notice: If you are a resident of the European Union, you may have the right to withdraw from a digital content purchase within fourteen (14) days without providing a reason or incurring any cost. However, this right may no longer apply once the digital content has been delivered with your express consent and your acknowledgment that you lose your right of withdrawal. By completing your purchase, you expressly consent to the immediate performance of the digital service and confirm that you waive your right of withdrawal once the content is made available, except where mandatory law provides otherwise.

If you experience persistent technical difficulties that are solely attributable to our platform and not to user-side factors, such as device compatibility, connectivity, or outdated software, and where required by consumer protection laws, you may be eligible for a discretionary refund. In such cases, you may need to provide appropriate documentation, such as screenshots or error logs, evidencing the issue.

For purchases made through digital distribution platforms such as Google Play Store or Apple App Store, the refund policies of the respective platforms apply. You are encouraged to contact the relevant store directly for any refund requests related to those purchases.

VI. Chargebacks

If, at any time, you initiate a chargeback or otherwise reverse any payment of applicable subscription fees in your account, we may disable or terminate your account immediately at our sole discretion for breach of your payment obligations. We reserve the right to dispute any chargeback received, including by providing the relevant financial institution with information proving that the payment in question was authorized by the user responsible for such chargeback.

16. Records & Integrity

In case of disputes that may arise from the use of Witsy, electronic and commercial records, including but not limited to user information, logs, subscription records, and email notifications, may be used as evidence to the extent permitted by applicable law.

If any court or administrative authority decides that various provisions of these Terms are unlawful, the other provisions will remain valid and in force.

17. Contact

For notices or questions regarding the Services, contact us at info@getwitsy.co.

I have read these Terms and agree to all of the provisions above.