GroupWize
Terms of Service


Last Updated: October 18, 2016

Welcome to the GroupWize Terms of Service. GroupWize is owned and operated by Output Labs LLC. GroupWize allows you to know what’s really going on in your group chats – who’s the funniest, who says “LOL” the most, and who’s over-using emojis to communicate. Please read these Terms carefully because they govern your use of our website http://groupwizeapp.com/ (the “Site”) and the services and products available at or through the website, including our mobile application, GroupWize (the “App”). To make these Terms easier to read, the Site, App and our products and services and are collectively called the “Services”. If you have any questions, contact us at support@groupwizeapp.com.

Agreement to Terms

By accessing, installing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, it’s simple: do not use the Services.

Changes to Terms or Services

We may modify the Terms and our Services at any time, in our sole discretion. If we do so, we will notify you by posting on the Site. It’s important that you review the Terms whenever we modify them because continuing to use the Services after we have posted modified Terms on the Site indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then please discontinue use of the Services immediately. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice to you, at our sole discretion.

User Accounts

In order to access and use the Services, you do not need a GroupWize account. GroupWize supports several independent, third party messaging services, including WhatsApp®, Viber®, Line® and GroupMe®. In order to use GroupWize, you will need to become a user of a messaging service that we support. By your use of a third-party messaging service that we support, you represent to us that you are thirteen (13) years or older and are not barred from using the Services under applicable law. By submitting information to GroupWize, you expressly authorize us to retain certain of that information on your behalf and permit us to store such information for the purpose of providing and improving the Services.

You may not use the Services under the name of another person with the intent to impersonate that person, or use a username that is subject to rights of another person without appropriate authorization. You must be a human to use the Service and an automated account is not allowed. “Robot” (or automatic) activity is not allowed. Keep it real, people.

We reserve the right to refuse your access to or use of the Services, in our sole discretion, if any information provided violates our Terms.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services. You can submit

feedback by emailing us at support@groupwizeapp.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.

Privacy policy

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms, and is available at www.groupwizeapp.com/privacy.

Content

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) any Content that users make available, publicly or privately, through the Services.

You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness. You represent to GroupWize that you have the necessary permissions, if any, from the people in your group chat, to submit Content to us. We will never publicly perform, publicly display, publicly reproduce, and distribute Content including chat history, or chat logs that you submit to GroupWize for analysis.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; (ii) by submitting Content, including chat history, or chat logs to us through the Services you do not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and (iii) you remain compliant with the separate terms and conditions of the independent third-party messaging service you use to chat with your contacts.

GroupWize does not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Content. However, you grant us a non-exclusive, non-transferable, non-sublicenseable, worldwide license to use any Content submitted by you in relation to providing the Services to you, including analysis of raw chat content and data.

GroupWise Content

Subject to your compliance with these Terms, GroupWise grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view our Content (“GroupWize Content”) solely in connection with your permitted use of the Services. For the purposes of these Terms, GroupWize Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by us or our affiliates of any kind, and information or other materials that are posted or generated on the Services by GroupWize or our affiliates.

You have the right to view and access GroupWize Content. At no time is any user permitted to: (i) transfer, sublicense, sell, lease, lend, rent or otherwise distribute GroupWize Content or the Services to a third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or any GroupWize Content; or (iii) use the Services or GroupWize Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

Intellectual Property

The Services contain material that may be protected by copyright, trademark and other proprietary rights, including, but not limited to, audio, video, graphic, photographic and text information and all GroupWize Content. GroupWize and any of its licensors exclusively own all right, title and interest in and to the Services and GroupWize Content, including all associated intellectual property rights. You acknowledge that the Services and GroupWize Content may be protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and GroupWize Content. Further, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any GroupWize Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

Links and Advertisements of Third Party Websites or Resources

The Services may contain links to or advertisements of third-party websites (that are not affiliated with you or other users). We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Indemnity

You agree to defend, indemnify and hold harmless Output Labs LLC, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (iv) any claim that your Content caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.

Termination

We may refuse to extend to you use and access grants to the Services at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

Limitation of Liability

NEITHER OUTPUT LABS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OUTPUT LABS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL OUTPUT LABS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO OUTPUT LABS FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO OUTPUT LABS, AS APPLICABLE.

Dispute Resolution

We prefer to resolve things amicably when possible; therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice to support@groupwizeapp.com.

  1. Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;
  2. Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.
  3. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of New York. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between GroupWize and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by GroupWize under these Terms, including those regarding modifications to these Terms, will be given by us by posting to the Services.

GroupWize’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GroupWize. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms ill be without prejudice to its other remedies under these Terms or otherwise.

Questions & contact information

If you have any questions regarding these Terms, please email us at support@groupwizeapp.com.