Terms of Use

Terms of Use and Privacy Policy for SoftWiz.io

Terms of Use Web Application
Introduction
Welcome to SoftWiz!
These Terms of Use (“Terms”) govern your use of our website by the following domain addreses: SoftWiz.io, SoftWiz.net. and our Website. By accessing or using our Website or Services, you agree to be bound by these Terms, as well as our Privacy Policy.
Our web application is designed to help you create content and manage your social media platforms marketing with integration to social media platforms, OpenAI and more services. We provide post content suggestions from ChatGPT, and users can pay for the service. We also collect social media information and users to help them post content directly to the social media platforms by many features.
In order to use our web application, you must agree to the following terms and conditions, which constitute a legal agreement between you and us. By accessing or using our web application, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
Please read these terms and conditions carefully before using our web application. If you do not agree to these terms and conditions, you should not use our web application. These terms and conditions may be updated from time to time, and your continued use of our web application after any such changes constitutes your acceptance of the updated terms and conditions.
If you have any questions about these terms and conditions, please contact us at [email protected]
Use of the Platform
You may use the Platform solely for your own business purposes. You may not use the Platform for any illegal or unauthorized purpose, or in any manner that could damage, disable, overburden, or impair the Platform. You agree to comply with all applicable laws and regulations when using the Platform.

Accounts
To use certain features of the Platform, you may need to create an account. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify us immediately if you become aware of any unauthorized access to your account.

Content
You may use the Platform to create and manage content for your social media accounts. You are solely responsible for the content you create and post using the Platform. You represent and warrant that you have all necessary rights to use, post, and distribute your content.
Prohibited Activities
You may not use the Platform to:
Impersonate any person or entity or falsely represent your affiliation with any person or entity.
Post, upload, or distribute any content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or otherwise objectionable.
Engage in any activity that interferes with or disrupts the Platform or the servers and networks connected to the Platform.
Use any automated means, including without limitation, robots, spiders, crawlers, data mining tools, or the like, to download or scrape data from the Platform.

Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Indemnification
You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your use of the Platform, your content, or your violation of these Terms.

Services Offered
Our web application provides a service that enables you to create content with AI, and manage your social media marketing platforms effectively. Our service includes features such as post content suggestions, scheduling tools, templates for generated posts, posts generated from the info you provide, analytics, user management, and more features. We may offer additional features and services from time to time, which will be subject to these terms and conditions.
By using our service, you agree to pay the applicable fees, and to comply with our policies and procedures for using our service. We reserve the right to modify or discontinue our service at any time without notice, and we will not be liable to you or any third party for any such modification or discontinuation.
We reserve the right to change the contract, the fees, the terms of use, and other policies in any time without needing user acceptance.
User Responsibility
As a user of our web application, you are solely responsible for all content that you post on your social media platforms. While we provide post content suggestions from ChatGPT to help you create engaging and effective posts, we do not take any responsibility for the content that you choose to post.
You agree to indemnify and hold us harmless from any liability arising out of your use of our service, including any claims, damages, or expenses arising from any content that you post on your social media platforms. You also agree to comply with all applicable laws and regulations governing the use of social media platforms and the content that you post on them.
You will have the full responsibility for any copyrights infrindgment issues regarding the content generated or provided by you, and you clarify that with accepting those terms of use.
Collection of User Information
In order to provide our service, we collect user information such as social media platform information and user information. We take your privacy seriously and comply with all GDPR and other privacy regulations worldwide. We will not share your information with any third parties except as necessary to provide our services.
By using our web application, you consent to our collection, use, and disclosure of your information as described in our privacy policy, which is incorporated by reference into these terms and conditions.
Intellectual Property
The Platform and all content and materials on the Platform, including without limitation, software, text, graphics, logos, images, audio and video clips, interactive features, and the like, are owned by or licensed to SoftWiz, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Our web application contains intellectual property owned by us or our licensors. This includes, but is not limited to, the design, layout, graphics, and other elements of our web application, as well as any content that we provide to you as part of our service.
You may not use our intellectual property without our prior written consent. This includes, but is not limited to, copying, modifying, distributing, transmitting, displaying, publishing, selling, licensing, or creating derivative works based on our intellectual property.
Unless otherwise indicated, the website application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the website application, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
Termination
We may terminate or suspend your account and your access to the Platform at any time, for any reason, without notice. Upon termination, all rights granted to you under these Terms will cease immediately.
In addition, we may terminate your access to our web application at any time, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. You may also terminate your use of our web application at any time by providing written notice to us.
Upon termination, you agree to immediately stop using our service, and to delete all information and data associated with your account. We will not be liable to you or any third party for any termination of your access to our web application.
USER LICENSES
You may access and use the web application and Services only in accordance with any instruction manuals, user guides and other documentation as made available by us from time to time (“Documentation”).
This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
attempt to decompile or reverse engineer any software contained on us website;
remove any copyright or other proprietary notations from the materials; or
Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
ASSIGNMENT OF THE CONTRACTUAL RIGHTS AND OBLIGATIONS
As users of the platform, you agree and acknowledge that we may exercise at our sole discretion and we reserve the right to freely assign and/or transfer any or all of the rights and obligations described in this Agreement in connection to providing the service to you. You may not assign any of your rights and duties without our prior consent. Notwithstanding the foregoing provisions, this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
Disclaimer of Warranties
Our web application is provided “as is” without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with our web application, including without limitation the software licensed to us and the results obtained through the service. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You acknowledge that we do not warrant that our web application will be uninterrupted or error-free, and we cannot guarantee the security of our web application or the information transmitted through our web application.
DISCLAIMERS.
Your access to and use of the services and content provided on SoftWiz are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, and SoftWiz are founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR NON-INFRINGEMENT.
We make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the web application or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the web application; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the web application, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SoftWiz of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE PLATFORM.
In no event shall we be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of our web application, including without limitation damages for loss of profits, data, use, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.
Our total liability to you for any and all claims arising out of or in connection with your use of our web application shall not exceed the amount paid by you for the use of our service.
To the extent permitted under applicable law, under no circumstances shall we, our officers, directors, employees, parents, affiliates, successors, assigns, or licensors be liable to you or any other third party for any indirect, special, incidental, or consequential, exemplary or punitive damages of any type including, without limitation, damages for loss of goodwill, service interruption, computer failure or malfunction, loss of business profits, loss of data or business information, loss of additional software or computer configurations or costs of procurement of substitute goods or services, damages arising in connection with any use of the website or any and all other commercial damages or losses, arising out of or in connection with these terms. Notwithstanding anything to the contrary contained herein, in no event shall our total liability (including our officers, directors, employees, parents, and affiliates) for any claim arising out of or related to these terms, to the fullest extent possible under applicable law, exceed the amount paid if any, by you for the use of the services.
Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which we operate. Any legal action or proceeding arising out of or in connection with these terms and conditions shall be brought exclusively in the courts of that jurisdiction.
Confidentiality
You agree to keep all information received from us or other users of our web application confidential and not to disclose such information to any third party without our prior written consent.
Indemnification
You agree to indemnify, defend, and hold us harmless from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of our web application or any breach of these terms and conditions.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless us, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the us Parties”), from and against all actual or alleged us Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Site or Services provided to you and (f) any User Content you create, post, share or store on or through the Site or our pages or feeds on third party social media platforms. You agree to promptly notify us of any third-party Claims and cooperate with us in defending such Claims. You further agree that we Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.

Force Majeure
We shall not be liable for any delay or failure to perform any obligation under these terms and conditions if the delay or failure is caused by events beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, or government actions.
Dispute Resolution
Any dispute arising out of or in connection with these terms and conditions shall be resolved through arbitration in accordance with the rules of the jurisdiction in which we operate.
Changes to Terms and Conditions
We reserve the right to modify these terms and conditions at any time without notice, including changing the fees at any time without notice. Your continued use of our web application after any such changes constitutes your acceptance of the new terms and conditions.
Entire Agreement
These terms and conditions constitute the entire agreement between you and us with respect to your use of our web application. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
By using our web application, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them.

Privacy Policy

At SoftWiz, we are committed to protecting the privacy and security of our users. This privacy policy explains how we collect, use, and disclose information about our users and their use of our web application.
We reserve the right to amend this Privacy policy at any time and for any reason. Any changes to our Privacy Policy will be communicated to you by updating the “Last Updated” date at the top of this page. Any changes or modifications will take effect immediately upon the updated Privacy Policy’s posting on the Site, and you renounce your right to receive explicit notice of any such change or modification.
It is recommended that you review our Privacy policy on a frequent basis to ensure you are informed of any changes. By continuing to use the Site after the updated Privacy Policy is posted, you are deemed to have been made aware of, bound by, and accepting the new Privacy Policy’s modifications.

Information we collect
We may collect various types of information about you when you use our web application, including:
a. Personal information: When you create an account with us, we collect your name, email address, and payment information. We may also collect your address and phone number if you provide them to us.
b. Social media information: We collect your social media profiles, posts, and comments in order to provide post content suggestions and to help you post content directly to your social media platforms. We may also collect information about your followers and interactions with them.
c. Usage information: We collect information about how you use our web application, including your device type, browser type, and IP address. We may also collect information about the pages you view and the links you click.
d. Cookies: We use cookies and similar technologies to collect information about your use of our web application. Cookies are small text files that are stored on your device and help us remember your preferences and improve your user experience.
Use of information
We may use the information we collect for various purposes, including:
a. To provide and improve our web application: We use your information to provide our web application and to improve its features and functionality. We may use your feedback to make changes to our web application or to develop new features.
b. To communicate with you: We may use your information to communicate with you about your account, to send you notifications about our web application or to respond to your inquiries.
c. To provide post content suggestions: We may use your social media information to provide post content suggestions that are relevant and engaging to your followers.
d. To help you post content directly to your social media platforms: We may use your social media information to help you post content directly to your social media platforms without having to switch between different applications.
e. To personalize your experience: We may use your usage information and cookies to personalize your experience on our web application and to make recommendations based on your past behavior.
f. To comply with legal obligations: We may use your information to comply with legal obligations, such as responding to legal process or protecting our rights or the rights of our users.

Disclosure of information
We may disclose your information in the following circumstances:
a. With service providers: We may share your information with our service providers who help us provide our web application, such as hosting providers or payment processors.
b. In response to legal process: We may disclose your information in response to legal process or when necessary to protect our rights or the rights of our users.
c. In the event of a merger or sale: We may disclose your information to a successor or affiliate in the event of a merger, acquisition, or sale of assets.
Security
We take reasonable measures to protect the security of your information, including encryption and access controls. However, no security system is foolproof, and we cannot guarantee the security of your information.
Retention of information
We will retain your information for as long as necessary to provide our web application and to comply with legal obligations. If you would like us to delete your information, go to user settings or please contact us at [email protected]
Your rights
You have certain rights with respect to your information, including:
a. The right to access, modify, or delete your personal information: You can access, modify, or delete your personal information by logging into your account or by contacting us at [email protected]
b. The right to object to processing: You have the right to object to the processing of your personal information, including processing for marketing purposes.
c. The right to restrict processing: You have the right to restrict the processing of your personal information in certain circumstances, such as when you contest the accuracy of your information.
d. The right to data portability: You have the right to receive a copy of your personal information in a structured, machine-readable format and to transmit that information to another controller.
e. The right to withdraw consent: If we rely on your consent to process your personal information, you have the right to withdraw that consent at any time.
To exercise these rights, please contact us at [email protected]. We will respond to your request as soon as possible and in accordance with applicable law.
International transfers
Our web application is operated in Israel. If you are accessing our web application from outside of Israel, please be aware that your information may be transferred to, stored, and processed. By using our web application, you consent to the transfer of your information to Israel and to the use and disclosure of your information as described in this privacy policy.
Disclaimer: Sharing Data with Third Parties
We may share your personal data with third-party service providers, vendors, and business partners who provide services to us, such as web hosting, api services, data analysis, marketing, and customer service. These third-party service providers may have access to your personal data only to perform their services, and we require them to protect the confidentiality and security of your personal data and to use it only for the purpose of providing services to us.

We may also share your personal data with other third parties in the following circumstances:
When required by law, regulation, or legal process;
When we believe in good faith that disclosure is necessary to protect our rights, property, or safety, or the rights, property, or safety of others; In connection with a merger, acquisition, or sale of all or a portion of our assets, or in the event of a bankruptcy or similar proceeding.
We do not sell your personal data to third parties, and we do not allow third-party advertisers to collect your personal data through our services.
Please note that we are not responsible for the privacy practices of third-party service providers or other third parties, and we encourage you to review their privacy policies before sharing any personal data with them.
Changes to this privacy policy
We may update this privacy policy from time to time. If we make material changes to this policy, we will notify you by email or by posting a notice on our web application. Your continued use of our web application after we make changes indicates your acceptance of those changes.
Legal Basis for Processing Personal Data Under GDPR:
We will process your personal data under the following conditions:
Consent: When you provide your consent to process your personal data for specific purposes.
Performance of a Contract: When processing personal data is necessary to fulfill our obligations under an agreement with you.
Legal Obligations: When processing personal data is necessary to comply with a legal obligation.
Vital Interests: When processing personal data is necessary to protect your vital interests or those of another natural person.
Public Interests: When processing personal data is necessary for a task carried out in the public interest.
Legitimate Interests: When processing personal data is necessary for our legitimate interests, provided that such interests are not overridden by your rights and interests.
We are happy to clarify the specific legal basis that applies to your personal data processing, including whether the provision of your personal data is a statutory or contractual requirement.
Exercising Your GDPR Data Protection Rights:
If you wish to exercise any of the above rights or have any questions about our privacy policy, please contact us. To ensure the security and confidentiality of your personal data, we may ask you to provide additional information to verify your identity before responding to your request.
If you are located in the European Economic Area (EEA) and have concerns regarding our data protection practices, you may lodge a complaint with your local data protection authority in the EEA.
POLICY FOR CHILDREN
We do not collect or market to minors under the age of 18 on purpose. If you become aware that we have acquired personal information from children under the age of 18, please contact us using the contact information given below.
CONTROLS FOR DO-NOT-TRACK FEATURES
The majority of web browsers and certain mobile operating systems provide a Do-Not-Track (“DNT”) function or option that you may enable to express your privacy preferences about the monitoring and collecting of data about your online browsing activities. There is no standard for detecting and executing DNT signals. As a result, we do not currently respond to Do Not Track browser signals or any other method that conveys your request not to be tracked online. If a future norm for online monitoring is adopted, we will tell you via an updated version of this Privacy Policy.
OPTIONS REGARDING YOUR INFORMATION
Account Information
You may at any time review or change the information in your account or terminate your account by:
Logging into your account settings and updating your account
Contacting us using the contact information provided below
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Emails and Communications
We may send you periodic newsletters and/or emails that directly promote the usage of our Service or the goods and services of third parties. When you get newsletters or promotional messages from us, you may express your choice to cease receiving these communications by following the unsubscribe instructions included in the email you receive or by accessing your Settings page’s Notifications options. Regardless of your preferences, we may send you transactional service-related informative emails on a periodic basis.
Contact us
If you have any questions or concerns about this privacy policy, please contact us at [email protected]

End User License Agreement (EULA) for SoftWiz
This End User License Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and SoftWiz Inc. (“SoftWiz” or “we”), governing your use of SoftWiz software (“Software”).
By clicking “I agree” or by using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the Software.

License Grant
Subject to the terms of this Agreement, SoftWiz grants you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for your personal or business use.

Restrictions
You may not:

(a) copy, modify, or distribute the Software in any way;

(b) reverse engineer, decompile, or disassemble the Software;

(c) remove any copyright or other proprietary notices from the Software;

(d) use the Software to create a product that competes with SoftWiz;

(e) use the Software for any illegal or unauthorized purpose.

Ownership
The Software and all intellectual property rights in the Software are owned by SoftWiz or its licensors. SoftWiz reserves all rights not expressly granted to you under this Agreement.

Disclaimer of Warranties
The Software is provided “as is” without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the Software, including without limitation the software licensed to you and the results obtained through the Software.

Limitation of Liability
In no event shall SoftWiz be liable for any damages whatsoever (including, without limitation, direct, indirect, incidental, consequential, punitive, or exemplary damages) arising out of or in connection with the use of or inability to use the Software, even if SoftWiz has been advised of the possibility of such damages.

Termination
This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all copies of the Software. SoftWiz may terminate this Agreement at any time without notice.

Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Israel, without giving effect to any principles of conflicts of law.

Entire Agreement
This Agreement constitutes the entire agreement between you and SoftWiz with respect to the Software and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and SoftWiz.

By clicking “I agree” or by using the Software, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. If you do not agree to the terms of this Agreement, do not use the Software.

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