Terms of Use

 

Last updated: October 20, 2016

WHIZ is a mobile application that connects users in need of help with providers who are skilled in various fields to help the user solve their problem for a small and/or optional fee.

The terms and services mentioned below constitute a legally binding agreement (the “Agreement”) between you (“user,” “provider,” “you,” or “your”) and WHIZ (“WHIZ App,” “we,” “us” or “our”) that governs your use of the (“GetWHIZ.io,” “WHIZ.Rocks,” and “AskWHIZ.io”) or mobile application (“WHIZ App” or “WHIZ App Provider”), collectively known as “platform(s).”

By downloading, signing up, accessing, and otherwise using our mobile application you expressly acknowledge that you understand this agreement and accept all of its terms. If you do not agree to be bound to the terms of services of the WHIZ mobile app and website, you may not use our services.

Age:

WHIZ does not knowingly collect personal information from anyone under the age of 13. We do not collect the user’s date of birth but we do collect the date of birth of the provider. However, we do not control who can actually use our account. We do not recommend anyone under the age of 13 to use our account because we require personal information that we do not advise anyone under the age of 13 to submit on our app. If you are under 13 please do not attempt to register for any of our services or send any information about yourself to us, including your name, address, telephone number, or email address. If it comes to our knowledge that we have a user or provider under the age of 13 we will delete their account immediately without any reason as to why.

If you believe that we might have any information from or about a child under 13, please contact us at contact@askwhiz.io.

If you are over 13 but still a minor who lacks the legal capacity to enter into a contract, you must have a parent or legal guardian’s permission to use our services. Your parent or legal guardian must agree to be bound by these terms on your behalf.

Payment:

The payment for the service is mandatory and will be deducted or added to an account at the completion of the service.

The price per five minutes is subject to change at any moment as well as the length of the call per price. For providers we have the right to increase or decrease the percentage deducted from each transaction at any time. WHIZ requires the information of a payment method. Please be advised that the information from the user or provider’s bank, credit card, debit card, check account, paypal, or any other forms of payment method should match that name on their WHIZ account. If it does not, we have the right to cancel or suspend your account until the matter is resolved to our satisfaction. The use of false payment information is grounds for immediate termination with possible legal action being taken.

Call Cancellation:

You have the option to cancel your call at any time. If you do so before the first five minutes you will have the option to pay or not. However, if you cancel after the first five minutes you are obligated to pay for the service.

Third-Party

All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.). WHIZ may replace its third-party payment processing services without notice to you. Charges shall only be made through the WHIZ platform.

We employ third party vendors to provide the services of our text, phone, and video capabilities. We authorize the vendors to collect the necessary information on our behalf to complete the service. The information is only used by the third party vendor to perform their functions but they don’t have permission to share a user or provider’s information nor use it for any other purpose.

WHIZ gives users the option to Sign Up and login in through Facebook. Upon choosing that option, you understand that WHIZ may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists so that it is available on and through WHIZ to other users.

Mobile Charges:

Please note: You may incur charges from your Internet Service Provider or mobile carrier’s at their normal rates and fees when using WHIZ. The user or provider is solely responsible for any fees that may occur from your Internet Service Provider or mobile carrier.

Refunds:

There are no refunds. Charges are assessed immediately following completion of the call to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of any of the WHIZ platforms, any disruption to WHIZ, or any other reason whatsoever.

Promotional Communication:

From time to time we may send you promotional messages through the email you provided. You can opt out of receiving promotional messages by following the instructions within the message. We will still send non-promotional information that pertains to your account.

WHIZ Waiver:

WHIZ is not responsible for the advice given between the user and provider. The user or provider is to follow advice, information, or the exchange of ideas at their own discretion. WHIZ makes no claims that the provider is an expert and holds no value to the advice, information, or exchanged ideas between the user and provider being true. In the event of harassment or possible harmful advice being given, WHIZ will do it’s best to rectify the situation if we are made aware via the user or provider.

Your Information:

Your Information is any information you provide, publish or post to or through our platforms as well as through any WHIZ-related social media posting. Our use of your personal information is covered through WHIZ’s Privacy Policy located here [INSERT LINK]

Social Media:

As part of the functionality of WHIZ, you can create and login to your account through online accounts you may have with third party social networking sites (“SNS”) by either providing your login information through WHIZ or allowing WHIZ to access your third party account. By granting WHIZ access to any third party account, you understand that WHIZ may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists so that it is available on and through WHIZ to other users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the WHIZ Platform.

Disclaimer:

The individual views, comments, instructions, advice, and comments of users and providers of WHIZ don’t reflect that of the WHIZ platforms.

Agreement Modification:

At any time, we may change our terms of service. If we make a significant change to our policy, we will give users and providers notice. We always encourage you to frequently review the Statement for the latest information on our privacy policy.

Prohibited Content:

The following is not allowed and is grounds for immediate termination of account:

  1. Impersonate any person or entity;
  2. Stalk, threaten, or otherwise harass any person
  3. Promoting content that is illegal or harmful
  4. Content or conversation that is intentionally violent, gory, sensational, or disrespectful;
  5. Violate any law, statute, ordinance or regulation;
  6. Post Information or interact on WHIZ in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
  7. Use WHIZ in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  8. Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  9. “Frame” or “mirror” any part of WHIZ, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
  10. Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of WHIZ or any software used on or for WHIZ;
  11. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of WHIZ or its contents;
  12. Transfer or sell your User account, password and/or identification to any other party; or
  13. Cause any third party to engage in the restricted activities above.
  14. Content involving children (anyone under the age of 18) in a sexually suggestive

We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.

Account Security:

When you sign up, log in, or use WHIZ in any manner, you are responsible for any activity that occurs while logged into your account. You must provide us with accurate and complete information. The username and password is to be created by the user and password for the eyes of that particular user and password. It is not advised to share your password to ensure the safety and security of your account. It is not allowed to use another’s account without their expressed permission.

Account Termination:

WHIZ reserves the right to investigate, suspend, or delete any user at any time. If WHIZ feels the account was deleted by accident, WHIZ has the right allow the user to rejoin or not. We do not have to explain to any user or provider why their account was investigated, suspended, or deleted.

Limitation of Liability:

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL WHIZ BE HELD LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WHIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHIZ SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WHIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHIZ SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND WHIZ'S REASONABLE CONTROL. IN NO EVENT SHALL WHIZ'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED 50 U.S. DOLLARS (US $50).