Terms of Service

Terms of Use With Woz, Inc. is a Delaware corporation doing business as "Woz." Woz assists its users in developing and operating software businesses including creating, publishing, and maintaining mobile applications. These Terms of Use apply to both users of Woz's Web Sites and customers of Woz's mobile application development and management services.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY OF WOZ'S WEB SITES OR ENGAGING WOZ'S SERVICES. YOUR USE ANY OF THE WOZ WEBSITES, INCLUDING THIS WEB SITE WWW.WITHWOZ.COM, OR PURCHASE OF WOZ'S SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE OR PURCHASE OUR SERVICES.

Services, Content and Specifications. All features, content, specifications and services described or depicted on this Web Site are subject to change at any time without notice. The inclusion of any services or functionalities in this Web Site at a particular time does not imply or warrant that these services or functionalities will be available at any time. Woz's services include mobile application development, app store submission and management, application hosting, and ongoing maintenance and support. Specifications for these services will be outlined in separate service agreements between Woz and the customer.

Accuracy of Information. Woz attempts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current updates of any information on this Web Site.

Use of this Web Site. The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, Woz and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Woz and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Woz or such third-party owner.

Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without Woz's prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web Site without Woz's prior written permission is prohibited. Any permitted links to this Web Site must comply with all applicable laws, rule and regulations.

Third Party Links. From time to time, this Web Site may contain links to Web Sites that are not owned, operated or controlled by Woz or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither Woz nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither Woz nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other Web Site, or any content, materials or other information located or accessible from such web sites, or the results that you may obtain from using such web sites.

Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Woz may have at law or in equity, if Woz reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Woz may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. Woz will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Woz to disclose the identity of anyone posting such materials.

User Information. Other than personally identifiable information, which is subject to this Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. Woz, each of its affiliates and/or their designees, may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Woz may, but is not obligated to, monitor or review any User Communications. Woz shall have no obligations to use, return, review, or respond to any User Communications. Woz will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Woz retains the right to remove any or all User Communications that includes any material Woz deems inappropriate or unacceptable.

DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS, SERVICES AND CONNECTIONS PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

NEITHER WOZ NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WOZ NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES.

THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR SUCH PROHIBITIONS.

LIMITATIONS OF LIABILITY. Woz does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site. IN NO EVENT WILL WOZ, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY DEATH, PERSONAL INJURY, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FOR MOBILE APPLICATION DEVELOPMENT AND MANAGEMENT SERVICES, WOZ'S AGGREGATE LIABILITY UNDER ANY SERVICE AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO WOZ DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE, ANY CONTENT THEREON OR ANY SERVICE PROVIDED IN OR THROUGH THE WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE OR SERVICE.

Revisions to these Terms and Conditions. Woz may revise these Terms of Use at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.

Choice of Law; Jurisdiction. These Terms of Use supersede any other agreement between you and Woz to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms of Use will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site shall be brought only in the federal or state courts of Delaware. A printed version of these Terms of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Termination. You or Woz may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. Customer may terminate services by canceling their subscription. Upon termination due to non-payment or Customer cancellation, Woz will: (i) remove Customer's mobile application from all app stores within five (5) business days; (ii) retain a backup copy of Customer's application and associated data for ninety (90) days following termination; (iii) allow Customer to reactivate services within this ninety (90) day period by paying all outstanding fees plus a reactivation fee; and (iv) permanently delete all Customer application code, data, and associated materials after the ninety (90) day retention period has expired. Alternatively, Customer may elect to preserve their application in an archived state on the Woz platform for a reduced monthly archive fee. While in archived status, the application will remain removed from all app stores but all application code and associated data will be preserved. Customer may reactivate full services from archived status at any time by resuming their regular subscription payments. Woz reserves the right to modify archive fees with thirty (30) days notice to Customer. Woz reserves the right to change, suspend, or discontinue all or any aspect of this Web Site or services at any time without notice.

Intellectual Property and Ownership. Woz retains all rights, title, and interest in and to the mobile applications developed for Customer, including all associated intellectual property rights. Customer is granted a nonexclusive, worldwide license to use the mobile applications developed by Woz for Customer's business purposes. Customer retains ownership of all content and data provided by Customer for use with the mobile applications. Customer may not modify, adapt, or create derivative works of the mobile applications without Woz's written permission.

Business Continuity. If Woz ceases operations for any reason or is unable to continue to provide the services, Woz will make commercially reasonable efforts to provide Customer with a copy of the application code for Customer's mobile applications and provide a free lifetime exclusive license to use the code solely for the purpose of maintaining and continuing to operate Customer's specific applications. This license does not permit Customer to create new applications using Woz's proprietary technologies, frameworks, or methodologies, nor to reverse engineer Woz's core platform. Customer may not sell, distribute, or sublicense the provided code to any third party except as necessary to continue operating Customer's specific applications. Woz shall also provide reasonable transition assistance to help Customer migrate to alternative services or to self-host Customer's applications. Woz shall also provide reasonable transition assistance to help Customer migrate to alternative services or to self-host Customer's applications.

App Store Management. Woz shall manage aspects of submitting, publishing, and maintaining Customer's mobile applications in the relevant app stores (including Apple App Store, Google Play Store, and any other app stores specified in the service agreement). Woz reserves the right to determine the timing, manner, and approach to app store submissions and updates. Woz shall use commercially reasonable efforts to address app store requirements, but makes no guarantee regarding app store approval timelines or outcomes, which are controlled by third parties. Woz shall manage app store accounts used for publishing Customer's applications. Customer acknowledges that app store policies may change at any time and may affect the availability or features of the mobile applications.

Data Handling and Privacy. Customer shall retain ownership of Customer Data, defined as the specific data, information, and materials provided by Customer to Woz for incorporation into the mobile applications. Woz shall implement commercially reasonable safeguards to protect Customer Data. Woz may retain copies of Customer Data for backup, archival, or audit purposes even after termination of services. Upon termination of services and Customer's written request, Woz shall use commercially reasonable efforts to provide Customer with the ability to export Customer Data from the mobile applications in a format determined by Woz.

Machine Learning and AI Training. Customer agrees that Woz may use Customer Data, usage information, user interactions, and any other data or feedback related to the services to develop, train, enhance, or improve its artificial intelligence, machine learning models, algorithms, products, and services. While Woz will typically aggregate and de-identify such data before use, Customer grants Woz a perpetual, irrevocable, worldwide, royalty-free license to use such data for product improvement, research, and development purposes. Woz shall own all improvements, developments, and innovations resulting from such use.

Service Levels. Woz shall use commercially reasonable efforts to maintain availability of the mobile applications, excluding scheduled maintenance periods, emergency maintenance, internet connectivity issues, third-party service disruptions, or factors outside of Woz's reasonable control. Woz shall respond to support requests based on their severity and Woz's available resources. Woz makes no guarantees regarding resolution times for application issues. Service level details may be further defined in a separate service agreement, and Woz reserves the right to modify service levels with notice to Customer.

THIRD-PARTY AI MODELS.

Use of Third-Party AI Services. Woz may utilize third-party artificial intelligence services and models (including but not limited to those provided by OpenAI, Anthropic, Google, and similar providers) in connection with developing, improving, or operating Customer's mobile applications. Customer acknowledges that Woz may share Customer Data with such third-party AI providers as necessary to provide the services.

Data Processing. When Customer Data is processed by third-party AI models, such data may be subject to the terms, conditions, and privacy policies of those third-party providers. Woz will make commercially reasonable efforts to select reputable third-party AI providers with appropriate data protection practices, but cannot guarantee how Customer Data will be processed by these third parties.

Model Training Opt-Out. While Woz cannot control whether third-party AI providers use Customer Data submitted to their services for model training, Customer may request in writing that Woz implement commercially reasonable measures to instruct such third-party AI providers not to use Customer Data for training purposes, where such options are made available by the third-party provider. Woz cannot guarantee that such instructions will be followed by third-party providers.

No Warranties. WOZ MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, SECURITY, OR APPROPRIATENESS OF ANY OUTPUT GENERATED BY THIRD-PARTY AI MODELS. Customer acknowledges and accepts that due to the nature of artificial intelligence generally, Output may not be unique and other Woz customers may receive similar outputs from the same AI models. Customer acknowledges that such models may produce outputs that are inaccurate, incomplete, misleading, offensive, or that may infringe third-party intellectual property rights. Customer is solely responsible for reviewing and validating any such outputs before incorporating them into Customer's mobile applications.

Indemnification. Customer shall indemnify and hold harmless Woz from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to Customer's use of outputs generated by third-party AI models, including but not limited to claims of copyright infringement, trademark infringement, or other intellectual property violations