By signing up for an account with Weezycast ("Service"), you agree to use it in compliance with these Terms of Service ("Terms") and you undertake to comply with their provisions.
By purchasing, subscribing to, accessing, or otherwise using the Service (including but not limited to ordering the Service without the involvement of the Service's IT infrastructure by means of the individual service order form, which is subsequently executed by Weezycast), you are concluding an agreement ("Agreement") with us under the terms and conditions stated in this document. If you do not agree with these Terms, please do not use the Service. We reserve the right to refuse to provide the Service to a potential User at our sole discretion.
Whenever used in these Terms, the following definitions shall apply:
"Service Provider" or "we" or "us" means Chatwee Sp. z o.o. (Ltd.), with its registered office in Sompolno, Piotrkowska 4, 62-610, Poland, entered in the National Court Register kept by the District Court Poznań-Nowe Miasto I Wilda in Poznań under the number (KRS) 0000438812, Tax ID number 6652990463.
"User" or "you" means any entity that signed up for the Service.
"Conference" means any online meeting set up using the Service.
"Account" means server space made available by the Service Provider, after the User's registration, accessible to the User after logging in, allowing you to manage and customize your Weezycast.
"Participant" means any actual person who participates in a Conference.
"Stream" means uploading, posting, emailing, storing, streaming, linking to, transmitting, or otherwise making available the Content to Participants through the Service.
"Content" means any information, data, video, media, recordings, files, graphics, materials, and similar that are posted, uploaded, and/or downloaded into the User's account and/or Streamed during a Conference, including the content of chats (and any files uploaded during the chat) that take place during a Conference.
"Service" refers to the Weezycast web application provided by the Serivce Provider using the SaaS (Software-as-a-Service) model that enables you to create, participate in and manage online Conferences. The Service allows you to Stream Content via the Internet using various features available within the Account.
The free version of the Service is limited as far as certain features go. We reserve the right to time-limit the free version of the Service. The User may create only one free Account within the Service.
1. In order to use the Service, an individual Account in the Service ("Account") must be created. The Account can be accessed only using the user name and password ("Login Details"). The User is responsible for keeping their Login Details confidential, as well as any actions performed within the Account.
2. We may provide the opportunity to create a free Account using Facebook, Google, Office 365 or another service. At the same time, we reserve the right to reject a subscription for any or for no reason, in particular, if the Agreement was previously terminated due to the User's breach of these Terms of Service.
3. When signing up for the Service, the User selects the Account type and the subscription plan (the latter does not apply to the subscription for a free version of the Service). By signing up for the Service, you state that:
4. By signing up for the Service you also agree to:
5. Access to a paid version of the Service is provided immediately after a User makes the payment required for the plan they selected.
7. The User can integrate their account with some third party services which aren't provided by us. The scope of use of these third party services may be limited, based on terms and provisions of these entities. Upon integrating with a third party, the User allows for data belonging to the User/Participants (including any confidential information) to be exchanged between us and the third party in order to enable the User to use the integration to the fullest extent. Any and all links to services and sites of third parties you may find on our website are only there for the User's convenience. We do not control nor necessarily support any content or materials found on the sites of the said third parties. The Service Provider will do everything in his power to help the User in a potential dispute that may arise with a third party, however, he cannot be held accountable for any losses or damage that may ensue. If the User decides to follow a link to any third party site, they do this at their own discretion.
8. Weezycast may offer early access to beta versions of new features, services, or applications, before their official market launch ("beta version"). If you decide to use beta version, you acknowledge that:
9. It is forbidden to use the Service in a way which knowingly or unknowingly violates any legal provisions, these Terms, copyrights, or any other rights of third parties or Weezycast, or in a way which may lead Weezycast or third parties to sustain damages or be held responsible. This rule is also applicable when it comes to Content Streamed using the Service.
In particular, it is forbidden to:
10. The User is solely responsible for the Content and the topic range of their Conference, Stream, actions and misbehavior of the Users during a Conference, as well as all the operations within their Account. This responsibility is also extended to Content including links to other websites or resources, or other services made available by third parties, which the User employs.
11. We do not verify, authorize, or make ownership claims towards the Content and assume the User keeps all the rights and titles to the Streamed Content, with the exception of Content coming form our resources, including a set of ready-made templates.
12. We grant to the User the right to utilize our resources solely for the purpose of using the Service and add-ons as per their intended use. Please mind that our resources may include materials subject to copyrights held by third parties and other similar laws. The User understands and accepts that we have the right to delete at any time and at our discretion any such materials, block access to them, as well as call on the User to stop their use immediately. If the User will not act as prompted, we reserve the right to remove such materials on our own without being held responsible in any way with regards to this. In the cases just specified, the User will not be eligible for a refund of any money paid towards us.
13. Unless specified elsewhere in these Terms, or unless it stems from the nature of a particular service, we do not store any Content, with the exception of that necessary to provide the Service.
14.Weezycast does not monitor the activity of the User or Conference Participants related to the Service. However, in case of learning about an act violating these Terms or general laws, Weezycast reserves the right to investigate the violation and may, at their own discretion, immediately and without warning, suspend or limit access to the Account or stop a Conference, terminate the Agreement, as well as block, alter, or remove Content posted in the Service in its entirety or partially. In such case, Weezycast cannot be held liable for any potential damagae incurred by the User or Participants in relation to the circumstances just described.
15. The Service is provided by Weezycast upon payment made by the User in advance, according with the selected subscription plan and provisions of these Terms.
16. If the User chose credit card as the payment method, they agree to settle the subscription fee on the recurring payment basis, in accordance with the selected subscription plan. The fixed monthly payment is based on the up-to-date pricing available at the Service website. The User has the right to cancel the recurring payments charged to their card at any time.
17. Weezycast reserves the right to change the Service pricing at any time, including the introduction of payments for services which so far have been provided for free. Weezycast will inform the User about the pricing change 30 days in advance and will make it possible to them to terminate the Agreement (delete the Account) in case the User will not accept the change.
18. Every overpayment which is a difference between the amount paid and the amount due to Weezycast will be credited towards future payments for using the Service, with the exception of other cases stated in the Terms. The payments are non-refundable if the Service provision has been started.
19. The Service subscription fee does not include any third party costs, including data transmission charges made by mobile operators or other Internet providers.
20. The prices shown on the Pricing page are net and the relevant VAT will be added on top each time an invoice is issued. The User is obliged to make a full payment to Weezycast for using the Service. No self-applied discounts or other deductions are permitted.
21. The invoice for using the Service will become available in the Subscription section of your Dashboard after Weezycast receives the due amount.
22. Weezycast reserves the right to inform the User via email about the upcoming due subscription payment and the amount required to keep the Service active, in case of the User choosing a payment method other than automated recurrent charges. If the payment is not made by the User, it is considered that they have decided to stop using the Service. As a result, the Account is being blocked and the Agreement is terminated. Weezycast is not required to inform the User about the upcoming end of the subscription period.
23. Files sent via the Service will work properly as long as they are of the right format. After uploading a file to the Account, its format can be adjusted to the Service requirements. This adjustment may affect the quality of the video or other properties of the uploaded file. The User accepts that the quality of the sent files may differ from their original versions.
24. Weezycast ensures proper functioning of the Service in the latest versions of the following web browsers: Mozilla Firefox, Chrome, and Opera. Using the Service, including participating in Conferences, is not possible with some mobile devices.
25. In order to be able to fully utilize the audio-visual capabilities of the Service, you have to use working headphones or speakers, camera, and a microphone during a Conference. The devices should not be used simultaneously by other applications.
26. In case of implementing an API integration, it is up to the User to integrate the Service with their website using the API provided by Weezycast. Weezycast does not perform any integrations but only provides API to the User.
27. Weezycast may decide to, without any ramifications, to modify, change, or remove Service features or any elements of the software employed to maintain the Service as long as it does not neagtively affect the overall performance of the Service.
28. Weezycast may perform planned or urgent Service maintenance works (including, if necessary, suspend the Service temporarily)without a prior warning in order to upkeep or update the Service. However, in case of scheduled maintenance expected to last more than a day, we'll make every effort to inform the Users about it at least a day in advance. A scheduled downtime will be performed in a way as to minimize any related User inconveniences.
29. Weezycast provides customer support via the Customer Success Team.
30. The User may send their questions, comments, and report errors via email to firstname.lastname@example.org or via regular mail to the Service Provider's address. Any contact with the Customer Success Team should at least contain the User name, email address associated with the Account, and the subject of complaint. We take no action with regards to anonymous claims.
31. We will assess a claim and take steps to fix the potential error within up to 14 (fourteen) days from receiving it. In case it is not possible to resolve the issue within the stated timeframe, we will inform the User of the fact via email or post, including the reason for being so.
32. We reserve the right to interfere with the Service structure, including the Streamed Content, in order to determine the reason for Service malfunction.
34. The Service, software, hardware, and all the content displayed on our website such as text, graphics, the logo, photos, buttons, images, audio files, video tutorials, and trademarks constitute the property of Weezycast or our respective partners and are thus protected by copyrights or industrial property law.
35. Weezycast, Weezycast.com and all related domains are registered trademarks and domains owned by Weezycast in Poland, the United States, the European Union, and other countries. These trademarks and content cannot be used with relation to products and services offered by other entities in a way which may mislead Users or potential Users, or be otherwise harmful to Weezycast and their products and services.
36. With the exception of a situation where it has been clearly permitted, it is forbidden to remove, cover, obfuscate, or otherwise edit or change the trademarks, copyrights information, and other legal-related content included in the Weezycast software, the results of using the software, or the content displayed on the Service's website.
37. Some of the Service's features may require the installation of additinal applications. Should such instance occur, the Service Provider grants to the User a limited, personal, non-exclusive, free of charge, unsellable and non-sublicesable license to use such an application within the Service and in accordance with the Terms. The user cannot use such an application after they terminate their Agreement, or for any other purpose or in any other way than the intended use specified by the Service Provider with regards to using the Service.
38. We are open to suggestions, ideas and comments regarding the Service, beta version and the Weezycast website ("Feedback"). We consider Feedback to be of non-confidential nature and as such we can use it as we see appropriate. When a User sends us Feedback, the following stipulations apply: (i) upon receiving it, we obtain all rights to it with no financial or other compensation required from us, (ii) we can use Feedback as we see fit, inlcuding sharing, reproducing, licensing, distributing, and modifying it, or otherwise using it for commercial purposes with no time or territorial constraints, or having to pay anything in exchange, (iii) we have no obligation to verify or process Feedback, (iv) we have no obligation to keep Feedback confidential, (v) it is forbidden to provide Feedback which may involve patent laws, copyrights, or raise concerns pertaining to intellectual property of a third party, or if it is subject to licensing rules which require a Weezycast product (or another intellectual property item of the Service Provider) including or stemming from Feedback, to be subject to licensing or be otherwise shared with a third party.
9. The User accepts that the Service Provider offers Service and its related website as is, with no gurantees, both clearly stated and implied. The Service Provider cannot be held responsible for removing, not saving, or not sending Content.
40. The Service Provider exercises no control over the Content and is not liable for the adequacy and quality of the Content, nor for any other information and data sent via network or Service. The Service Provider is not responsible for any messages or transactions made using the Service. Weezycast is neither responsible for security, keeping privacy, and storing and transmitting communication held in or related to the use of Service.
41. Weezycast cannot be held liable for any damage caused by:
Force majeur is understood to be any exceptional, external occurence which could not have been foreseen or prevented. Force majeur circumstances include war, natural disasters, strikes, breakdowns, DDoS attacks and other disruptions in the workings of the telecommunication network or IT infrastructure, as well as extraordinary government and administrative actions and operations of entities affecting the functioning of the Service, and which are independent from the Service Provider.
42. Contractual and tort liability of the Service Provider are solely limited to direct losses incurred by the User and do not include any lost gains. The Service Provider cannot be held accountable for indirect damages, regardless of their causes and legal basis, income, revenue, and interest derived damages, or other lost gains, purely financial losses, losses stemming from other contracts related to unavailability of the Service or its parts, with the exception of wilful misconduct of the Service Provider. The total liability of the Service Provider, regardless of the number and basis for the User's or a third party's claims is limited to the total amount paid by the User for the Service during the month directly preceding the date on which the User made a claim with the Service Provider. Thus, the User frees the Service Provider from any liabilities exceeding the stated limit.
43. The user agrees to unconditionally exempt the Service Provider from any liability in terms of any claims related to: (i) using or improperly using the Service; (ii) violating prevalent regulations of law or stipulations of these Terms by the User, Participants, or other individuals using the Account; (iii) the Content or the User or Participant activity.
44. The Agreement becomes valid as soon as the User signs up for an account with the Service. The Agreement is concluded for an indefinite period.
45. Unless the Agreement is terminated in accordance with the Terms, it will stay valid throughout the entire time the subscription plan selected by the User is active and will be automatically renewed for each new subscription period. If you do not choose a subscription or another subscription period hasn’t started, the subject of the Agreement is only the free version of the Service.
46. The User can stop using the Service at any time by deleting their Weezycast Account. Account deletion is equivalent to terminating the Agreement by the User. In order to delete the Account, one has to follow the instructions provided within the Account. Requesting Account deletion via regular mail, email, or telephone is insufficient to complete the process. If you encounter any difficulties trying to delete the Account, please contact us. The process of Account deletion is considered to be complete upon the User receiving email confirmation of the fact.
47. Upon Account deletion, termination of Agreement for another reason (regardless of the actual reason and the basis for it), or its expiration, the User loses access to their Account and all its related Content. The Service Provider makes it possible for the User to restore the Account (including all the Content, emails, Participants and User details, statistical data, recordings, and Confererence-related data) within 30 days from Account deletion, or termination, or expiration of the Agreement. In order to do this, please contact us. One condition for Account restoration is for the User to settle the payment for the next Service subscription period. The Service Provider reserves the right to refuse Account restoration without giving a reason (especially if the Account deletion was a result of Agreement termination or blocking the Service by Weezycast). In case the Account is not reactivated by the User within the stated timeframe, the Account and all its related data are irretrievably removed from the Service as a result of Account deletion, other type of Agreement termination or its expiration.
48. We reserve the right to terminate the Agreement with immediate effect, block the Service, or refuse the provision of the Service to the User in the future in case the User violates the stipulations of the Terms, the prevailing reagulations of law, or if we will be required to do so by public authorities. Here are some of the actions we consider to be in violation of the Terms:
49. When the Agreement is terminated or expires, the User, regardless of the reason or mode of termination, is not eligible to claim a refund of the payments they have made, either in their entirety or partially, with the exception of cases stipulated in the prevailing law regulations and the following sentence. We reserve the right to terminate the Agreement with immediate effect at any moment without providing a reason, refunding the prepaid amount proportionally to the number of days remaining in the subscription period without being held accountable for this action.
50. Cancelling the Service by the User does not exempt them from the obligation to make any accumulated due payments, as well as payments that will be required for using the Service by the User until the Agreement is actually terminated or expires.
51. The User is not enitled to terminate the Agreement made for a specified time before it is actually over. If the User will decide to terminate the Agreement regardless of this stipulation, any payments made in advance become non-refundable.
52. These Terms are available at the following web addess: https://weezycast.com/terms. Upon the User's request, we can provide the Terms in the form that will make it possible to obtain, acquaint with, and save them using the ICT system utilized by the User.
54. These Terms are subject to the laws of the Republic of Poland. Any disputes stemming from the Terms will be settled by a common court in the Republic of Poland.
55. In case any of the stipulations of these Terms will be considered invalid or ineffective, the other stipulations remain valid and binding.
56. In case of language-related disputes, the Polish version of the Terms takes precedence.
57. The hereby version of the Terms is effective as of January 3, 2019.