Welcome to Whizzimo! When you interact with Whizzimo, LLC (“Whizzimo”) by visiting our websites, using our mobile applications and other materials, and using any related products or services (“Services”), these Terms of Service (“Terms”) will apply and control.

1. Acceptance of Terms.  

Please read these Terms carefully before you start to use the Services. By registering for an account on, or otherwise accessing or using the Services, you acknowledge that you have read and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept the Terms and may not use the Services.

You may also be asked to click-accept to access and use the Services and by doing so, you accept and agree to be legally bound by and abide by these Terms.  These Terms, together with any documents referenced herein, such as our Privacy Policy, form an agreement between you and Whizzimo. Your continued access and use of our Services, including the use of our version control and design workflow management platform as well as downloadable software that facilitates the use of the platform, is contingent upon your ongoing compliance with these Terms.

‍2. User Accounts.

Each individual that accesses or uses the platform is a “user” and is required to have an account. You must be at least 18 years of age to create an account or if you are under the age of 18, you must have your parent or legal guardian create an account for you and review and agree to these Terms and our Privacy Policy on your behalf.

Once an educator creates a “educator account,” he or she may then create one or more “educational environments” that may be used to provide real-time learning to a student by using the educator’s device when in-person or by the educator sharing screens with the student if remote learning.

‍3. Educational Offerings.

A. Whizzimo Subscription Plans. Whizzimo offers different subscription levels and, in some instances, may offer a trial period at little or no cost. Each subscription level offers different products and services to a user.  For instance, some subscriptions allow users to create and share content, while other subscriptions may allow users to create courses, workbooks, and activities.

B. Orton-Gillingham Educators’ Course. Whizzimo also offers an accredited 30 hour training course by Orton-Gillingham for educators that is proven to improve students’ reading, writing and spelling abilities (“Course”). Whizzimo partners with the Academy of Orton-Gillingham Practitioners and Educators to offer the accredited Course both in-person and on-demand or at your own pace. The Course is designed to allow educators to utilize their current materials in conjunction with the course methods.

Each educator from the Whizzimo platform that decides to also access or use the Course, must also be set up in the Course as a “trainee” and is required to have a “trainee account.” You must be at least 18 years of age to create a trainee account. Once an educator creates a trainee account, he or she will receive access to the on-demand course, supplementary learning and classroom materials, a virtual resource bank with educational videos and lesson plans, and the ability to connect with the Course instructors and with other trainees.

C. Account Information. Both users and trainees can review Whizzimo account information via their respective Account Settings pages in the Services. You may change your password on the Whizzimo log-in page. If you would like to change any other account information, or would like to delete your account, please contact us at info@whizzimo.com. If you have an account which was created by or managed by a third party, you may need to contact them to change your account and login information. Please remember that if we delete your account, you will lose access to all personal information (“Personal Data”) and content associated with your account, including word lists, student assignments and reports, as applicable. We may still store user Personal Data in our records as required under our information retention policies or for internal business, legal or regulatory purposes.

4. User Conduct.

You agree that you are responsible for your own use of the Services. You agree that you will use the Services in compliance with these Terms, our Privacy Policy, and all applicable local, state, national and international laws, rules and regulations, including privacy and copyright laws. You may not disarm, manipulate, work around, or disable any technological measures we employ to manage and safeguard the Services.

To keep the Services safe and fair for all to use, Whizzimo specifically prohibits you from using the Services:

A. For any unlawful purpose;
B. To solicit others to perform or participate in any unlawful acts;
C. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
D. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
E. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
F. To submit false or misleading information;
G. To upload or attempt to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or any websites;
H. To collect or track the Personal Data of others;
I. To spam, phish, pharm, pretext, spider, crawl, or scrape;
J. For any obscene or immoral purpose; or
K. To interfere with or circumvent the security features of Services, including our websites, products, materials and applications.  

Any violation of these or any other terms of these Terms may result in your account being suspended or terminated.

5. License  

As long as you abide by these Terms, Whizzimo grants you a personal, nonexclusive, non-transferable, revocable license to access and use the Services and any content therein (“Whizzimo Materials”). You may modify the underlying and related technology, information and documentation related to the Services and to any Whizzimo Materials, for your own non-commercial purposes and solely in accordance with these Terms and our Privacy Policy.

In addition to our unique or authorized content, Whizzimo may utilize Artificial Intelligence (“AI”) and Machine Learning (“ML”) integration to create or modify content. If we do so, Whizzimo owns all content derived from AI and ML with respect to the Services. All content which Whizzimo derives from AI and ML is considered to be Whizzimo’s work product and a part of the Whizzimo Materials.

In exchange for providing you with the Services, you grant to us a limited, nonexclusive, sublicensable (as necessary to perform the Services and use the Whizzimo Materials), worldwide, royalty-free, and right and license to (i) use, copy, store, distribute, publicly perform and display, modify information that is collected through the Services as necessary to provide, improve and make the Services available to you and other users, (ii) use and disclose analytics regarding information in aggregate or other non-personally identifying manner, (iii) use information that has been de-identified for any product development, research or other purpose; and (iv) use for other purposes permitted by our Privacy Policy. You grant Whizzimo the right to create derivative works of your use of the Whizzimo Materials.

6. Payment Terms.  

Fees are charged based on your selected subscription level, or on your selected course session. You authorize Whizzimo to charge your credit card for the subscription and/or course fees and any applicable taxes when due. Subscription fees will be charged to your account on a recurring basis until you cancel or fail to renew your subscription. Fees for the period in which you cancel are non-refundable. You agree to keep your account information, including your credit card and billing information, accurate and complete.

7. Termination.  

A. Subscription Period. The Subscription Period for any Services begins on the start date of the Services and remains in effect until the applicable Order Form has expired or has been terminated.

B. Order Form Term and Renewal. The Subscription Period for Services under each Order Form will be as stated on such Order Form. Each Order Form will automatically renew for additional periods equal in length to the Subscription Period (“Renewal Periods”) at Whizzimo’s then-current prices plus any annual price increase as communicated by Whizzimo. Either party may choose not to renew any Order Form by giving the other party notice in writing of non-renewal at least sixty (60) days before the end of the then-current Subscription Period or Renewal Period.

C. Termination for Cause. If a party materially breaches these Terms, the non-breaching party may terminate an Order Form for cause upon written notice to the breaching party and the breach is not substantially cured within thirty (30) days after the non-breaching party provides written notice of such breach.

D. Effect of Termination

Customer Termination. If a Customer terminates its Subscription under these Terms as a result of Whizzimo’s failure to cure a material breach, Whizzimo will refund any unused, prepaid Fees for the remainder of the then-current Subscription Period or Renewal Period as stated on the applicable Order Form.

Whizzimo Termination. Upon any termination for cause by Whizzimo, Customer will pay any unpaid Fees covering the remainder of the then-current Subscription Period or Renewal Period after the effective date of termination. In no event will any termination relieve Customer of the obligation to pay any Fees payable to us for the period prior to the effective date of termination.

License Termination. Except as otherwise set forth herein, upon any termination of a Subscription or Order Form under these Terms, all licenses granted hereunder will immediately terminate and Customer will no longer have the right to access or use the Services.

E. Inactive Accounts. In the event that Customer fails to fully pay its invoices for a period of sixty (60) days (“Late Period”), except amounts due that Customer has properly objected and noticed to Whizzimo, the Customer Account may be designated an “Inactive Account” and the Services restricted.  At its sole discretion, and upon thirty (30) days’ notice to a Customer with an Inactive Account, Whizzimo may terminate an Inactive Account and the Removal Period will begin.

​F. Data Migration or Removal. Following termination or expiration of Customer’s Subscription for any reason (cancellation, closure, non-renewal) by either party, Whizzimo will provide you with access to the Services for a period of the sole purpose of exporting your Customer information (except for comments made through the Services by Authorized Users) for a period of ninety (90) days (“Removal Period”). After the expiration of the Removal Period, Whizzimo has no obligation to maintain or provide any Customer information and we may without notice to you limit, restrict, remove, or delete any and all remaining Customer information in our systems or otherwise in our possession or under our control.

8. Intellectual Property.

A. Ownership of Whizzimo Materials. Whizzimo owns and/or has the right to use the Services and the Whizzimo Materials, including all underlying and related technology, information and documentation related to the Services. Our Whizzimo Materials are protected by patent, trademark, trade secret, copyright and other intellectual property rights.

All trademarks, logos, and service marks displayed within our Services are the registered and unregistered trademarks of Whizzimo (a list of which is located at the Whizzimo Trademarks website and available from us on request) or third parties who have authorized their use by us.

You may not use, copy, edit, reproduce, republish, upload, post, transmit, distribute, create derivates of, or modify the Whizzimo Materials in any way without prior written approval from us and any third party owner or licensor. You are prohibited from infringing or violating Whizzimo’s intellectual property rights and we will enforce our rights to the fullest extent of the law.

B. Use of Services and Whizzimo Materials. Use of Whizzimo Materials is limited to (i) use within the Services for your own teaching purposes, and (ii) sharing with colleagues via the Sharing features on the Services. You do not have any other rights or interest in the Whizzimo Materials. Other than described in this section, you may not share, sell, or otherwise distribute the Whizzimo Materials or any portion of the Services without prior written permission from us.  

Unless otherwise indicated, our Services and all Whizzimo Materials are our proprietary property, are owned or licensed and controlled by us, and are protected under various intellectual property rights, unfair competition laws of the United States, international copyright laws, and international conventions. The Services and the Whizzimo Materials are provided “AS IS” by us to you and only for your authorized use. Except as specifically provided in these Terms, no part of our Services or any Whizzimo Materials may be used by you for a commercial purpose without our express prior written permission.

C. Commentaries on Whizzimo. Our websites or other marketing materials, or are otherwise in our Services, may contain video or text commentaries by users of Whizzimo Services. These commentaries are personal to the individuals providing them and the views expressed therein are solely those of the individuals and do not necessarily reflect Whizzimo’s views or opinions.  Users who provide commentary are not affiliated with Whizzimo (unless designated as such) and are not compensated for their opinions by Whizzimo. Whizzimo owns all license, image and intellectual property associated with any commentaries, and  may, without the permission of the user, edit the commentaries as necessary for content, clarity or brevity.  

D. Feedback. You may from time to time provide suggestions, comments or other feedback with respect to the Services, including Whizzimo Materials and Documentation, or future products and services that we may develop (“Feedback”). Whizzimo may, but is not required to, use or incorporate this Feedback into its Services and by providing us with Feedback you agree that we may do so. You hereby grant to us and our assigns a fully paid up, royalty-free, worldwide, perpetual, irrevocable, fully transferable and sublicensable right and license to use, disclose, reproduce, modify, create derivative works from, distribute, display and otherwise distribute and exploit any Feedback as we see fit, entirely without obligation or restriction of any kind, except that Whizzimo will not identify you as the provider of such Feedback. If you are an Authorized User, it is your responsibility and that of the Customer who has authorized you, to confirm that you may share your Feedback with us prior to you doing so.  

E. Copyright Infringement. In your interactions with Whizzimo and your use of our Services, you may not post, modify, distribute, or reproduce in any way, any content that is copyrighted material belonging to others, without obtaining their prior written consent.  

​

The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our websites or otherwise in our Services infringes your copyright, you may send a notice to us requesting that the material be removed or access to it blocked. For the notice to be effective, it must be in writing and must include the following information:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works);

identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material within our websites or otherwise in our Services;

the name, address, telephone number and email address (if available) of the complaining party;

a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, and your content has been removed or access to your content has been blocked, the DMCA permits you to send us a counter-notice. For the counter-notice to be effective, it must be in writing and must include the following information:

physical or electronic signature of the user or a person authorized to act on behalf of the user;

identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;  

the user's name, address, and telephone number; and

a statement that the user consents to the jurisdiction of the courts in the County of Fulton, State of Georgia and that the user will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our websites and Services should be sent to:

      Whizzimo, LLC
      3799 Main Street
      Box 87063
      Atlanta, GA 30337
      Email: info@whizzimo.com
      Phone:  1-877-800-2731

Please note that under Section 512(f) of the Copyright Act, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or mis-identification may be subject to liability. Please also be advised that Whizzimo may take action against repeat infringers, including the termination of your user account and barring you from using our Services.

9. Third Parties.  

In the event Whizzimo provides links to third-party websites, materials or services, we do so for information purposes only. Such third party websites, materials and services are not necessarily affiliated with us and we do not endorse, monitor, or have any control or input over such third party websites, materials or services. We make no representations as to the accuracy, legality or availability of any such sites. Your interaction with those websites, materials or services is governed by that party’s terms and information practices, not Whizzimo’s. We encourage you to review those policies and terms.

10. Disclaimer of Warranties, Limitation of Liability  

YOU AGREE THAT YOU USE THE SERVICES “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHIZZIMO, ITS PARTNERS AND SERVICE PROVIDERS MAKE ABSOLUTELY NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES.

Whizzimo disclaims all liability for (i) the accuracy, availability or reliability of the ServiceS (ii) harm to your computer, loss of data or other harm resulting from your access to the Services, (iii) loss of or failure to transmit information, and other loss or damage arising from your use of the ServiceS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHIZZIMO SHALL NOT BE LIABLE TO YOU ON ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUES, DATA, GOODWILL OR ANY OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING (I) THE INABILITY TO ACCESS THE SERVICES, (II) ACTS OR OMISSIONS OF THIRD PARTIES, (III) CONDUCT OR CONTENT OF THIRD PARTIES ON THE SERVICES, (IV) UNAUTHORIZED USE OR ACCESS TO YOUR USER ACCOUNT OR CONTENT.

UNDER NO CIRCUMSTANCES WILL THE AMOUNT OF WHIZZIMO’S LIABILITY FOR YOUR USE OF OUR SERVICES EXCEED THE AMOUNT PAID BY YOU IN SUBSCRIPTION FEES UNDER YOUR ACCOUNT FOR THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INCIDENT GIVING RISE TO THE CLAIM.

11. Indemnification.  

You agree to indemnify, defend, and hold harmless Whizzimo, including our affiliates, Partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, the documents they incorporate by reference, or your violation of any law or the rights of a third party.

12. Dispute Resolution; Waiver; Binding Arbitration  

If you have a dispute with Whizzimo, we invite you to reach out to us at info@whizzimo.com so that we can try to resolve your concerns. If after 30 days we are unable to amicably resolve any claim or dispute between us arising under these Terms, then you agree to have your claim or dispute resolved through confidential, individual, binding arbitration in the County of Fulton, Georgia under the then prevailing commercial arbitration rules of the American Arbitration Association (“AAA”) and waive any right to a jury trial.

The parties agree that one (1) arbitrator, selected jointly by the parties, will arbitrate the dispute. If the parties cannot agree on an arbitrator within 20 days of the demand for arbitration, the arbitrator will be selected from the AAA panels and according to the Rules of the AAA. The decision of the arbitrator will be made in writing, is final and binding, and judgment may be entered in any court of competent jurisdiction. The decision may not be vacated, modified or appealed, except to the extent permitted by the terms of sections 10 and 11 of the Federal Arbitration.

To the fullest extent of the law, such arbitration will be limited to a specific individual and may not be inferred to or against matters affecting other individuals’ interactions with Whizzimo, thus meaning that you agree not to participate in any joint, consolidated or class action lawsuit or arbitration and you explicitly waive the right to have your claims consolidated into, asserted by, or determined according to a class action lawsuit or arbitration. Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Georgia, without giving effect to any conflict of law provisions. The expenses of arbitration, including reasonable attorneys’ fees and the fees and expenses of the arbitrator, shall be shared equally by the parties.

Notwithstanding this provision, either party may bring a claim related to intellectual property rights or seek temporary and preliminary specific performance and injunctive relief in any court of competent jurisdiction, without the posting of bond or other security.

13. Changes to the Terms.  

Whizzimo may revise and update these Terms at any time and for any reason in our sole discretion. We will provide notice of the most recent version of these Terms by updating the “Last Updated” date above and posting this upon our website.  You waive any right to receive specific notice otherwise of changes. All changes are effective immediately upon posting and apply to all access to and use of our Services thereafter. If you don’t like any changes to our Terms, you may stop using our Services. Your continued access to and use of our Services signifies your acceptance of the revised and then-current Terms.

14. Miscellaneous.  

Whizzimo’s failure to enforce any provision of these Terms does not constitute a waiver of its right to do so. If any provision of these Terms is deemed unenforceable by a court of law of competent jurisdiction, the provision will be removed and the remaining terms of the Terms will remain valid and in effect. We may assign these Terms, in whole or in part, at any time without notice to you. These Terms and our Privacy Notice constitute the entire agreement between you and Whizzimo and supersede any other agreements between you and Whizzimo, whether written or oral. These Terms shall be construed and enforced in accordance with the laws of the State of Georgia, without regard to its conflicts of law rules. The parties consent to the personal jurisdiction and venue in Atlanta, Georgia.

15. Contact Us.

If you have any questions or concerns about these Terms or would like to provide us with feedback, comments, requests for support, or other communications relating to the Services, you may contact us by email, direct mail or phone.

A. Email to info@whizzimo.com is the fastest and most-preferred way to reach us with your questions and concerns.  

B. Via Direct Mail:   Whizzimo, LLC
                                 3799 Main Street
                                 Box 87063
                                 Atlanta, Georgia 30337

C. Via Phone: 1-877-800-2731

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1. Introduction

This Terms of Service Agreement (the "Agreement") is between you and Whizzimo, LLC (“Whizzimo,” “us” or “we”). The Agreement, together with our Privacy Policy, describes your rights and obligations when using the Whizzimo product via our website (“Website”), our mobile applications (“Mobile Apps”) and any other associated products, services or content (collectively, the “Service”). By registering for an account on, or otherwise accessing or using the Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” and “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept the Agreement and may not use the Service.

You must be at least 18 years old to consent to this Agreement. If you are under the age of 18, you must have your parent or legal guardian create an account and review and agree to the Agreement on your behalf.

2. License Granted to You

As long as you abide by the terms in this Agreement, Whizzimo grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable, revocable license (the “License”) to access and use the Service and to use and modify for your own non-commercial purposes the Whizzimo Content (described below), solely in accordance with this Agreement and our Privacy Policy.  The License granted to you shall be revocable by Whizzimo for cause.  Cause shall include shall include, but is not limited to, the following: (a) future discontinuation of the Service by Whizzimo, (b) the winding up and dissolution of Whizzimo’s affairs, (c) Whizzimo is subject to acquisition by or merger with a third party that elects to discontinue any of Whizzimo’s product offerings or business activities, and (d) violations of the User Conduct policy set forth in Section 4 hereof. If the License is revoked for cause, your access to the Service will expire immediately and you shall not be entitled to the return of any subscription fees or one-time fees paid to Whizzimo for Purchase Content (as defined below).

3. License Granted by You

In exchange for providing the Service, you grant to us a limited, nonexclusive, sublicensable (as necessary to perform the Service), worldwide, royalty-free, and right and license to (a) use, copy, store, distribute, publicly perform and display, modify information that is collected through the Service as necessary to provide, improve and make the Service available to you and other users, (b) use and disclose analytics regarding information in aggregate or other non-personally identifying manner, (c) use information that has been de-identified for any product development, research or other purpose; and (d) use for other purposes permitted by our Privacy Policy. You grant Whizzimo the right to create derivative works of your User Workbooks (as defined below).

4. User Conduct

You agree that you are responsible for your own use of the Service. You agree that you will use the Service in compliance with this Agreement, our Privacy Policy, and all applicable local, state, national and international laws, rules and regulations, including privacy and copyright laws. To keep the Service safe and fair for all to use, you agree not to a. Use the Service in a way that infringes upon or misappropriates intellectual property rights of Whizzimo or others; b. Use the Service for advertising or any form of commercial solicitation; c. Use the Platform in any manner intended to damage, disable, overburden or impair any part of the Service or the computer equipment or network(s) connected to the Platform or to disrupt or interfere with any Program or any other user's use and enjoyment of the Platform; d. Attempt to gain unauthorized access to the Service, other user accounts, computer equipment or networks connected to the Service through hacking, password mining or any other means; e. Obtain or attempt to obtain material on the Service that Whizzimo has not made available to you. f. Copy or use any portion of the Service other than as expressly allowed under the Agreement; g. Use any high volume, automated, or electronic means to access the Service (including without limitation robots, spiders or scripts); h. frame the Service, place pop-up windows over its pages, or otherwise affect the display of its pages; or i. Force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Service. Any violation of these or any other terms of this Agreement may result in your account being suspended or terminated and the revocation of the License granted to you pursuant to this agreement.

5. Intellectual Property

Whizzimo Content. All spelling and other instructional content available on the Service (“Whizzimo Content”) is the intellectual property of Whizzimo. The Service allows users to create new workbooks based on the Whizzimo Content (“User Workbooks”). You acknowledge that any User Workbooks created by you are derivative works of the Whizzimo Content, and are the intellectual property of Whizzimo. Use of Whizzimo Content and User Workbooks is limited to (a) use within the Service for your own teaching purposes, and (b) sharing with colleagues via the Sharing features on the Service. You do not have any other rights or interest in the Whizzimo Content or User Workbooks. Other than described in this section, you may not share, sell, or otherwise distribute the Whizzimo Content or User Workbooks without prior written permission from us. Whizzimo logos, trademarks and service marks ("Marks") are the property of Whizzimo and are protected under United States and foreign laws.

All other content. All other trademarks, service marks and logos used on the Service, with or without attribution, are the marks of their respective owners. Whizzimo disclaims all liability for, a    nd you agree to indemnify Whizzimo in the event of your infringement of any third party’s intellectual property.

Copying, reverse engineering and distribution. Except as expressly authorized by this Agreement, Whizzimo and any of its affiliates, suppliers or other third parties, do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Service, and, except as specifically permitted herein, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, reverse engineer, or distribute any Whizzimo Content in any form.

6. Payment Terms

Fees are charged (a) based on your selected subscription level to the Service and (b) to purchase access to stand-alone products offered through the Service (“Purchased Content”). You authorize Whizzimo to charge your credit card for the subscription fee when due. Subscription fees will be charged to your account on a recurring basis until you cancel your subscription. Fees for the period in which you cancel are non-refundable. Fees for Purchased Content are non-recurring and will be charged only on the original date of sale. You will retain access to the Purchased Content for as long as your subscription to the Service remains active and your license to use the System is not revoked.

In connection with the foregoing transactions, you agree to keep the record of your credit card information maintained by Whizzimo accurate and complete.

7. Data privacy and user's personal information

Whizzimo collects, uses and shares personal information in accordance with our Privacy Policy, which is incorporated by reference into this Agreement. By using the Service, you agree to the terms described in that Privacy Policy. If you do not agree, you should not use the Service.

8. Third Parties

In the event Whizzimo provides links to third-party websites or services, we do so for information purposes only.  We make no representations as to the accuracy, legality or availability of any such sites. Your interaction with those websites or services is governed by that party’s terms and information practices, not Whizzimo’s.  We encourage you to review those policies and terms.

9. No Warranties

YOU AGREE THAT YOU USE THE SERVICE “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHIZZIMO, ITS PARTNERS AND SERVICE PROVIDERS MAKE ABSOLUTELY NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE. WHIZZIMO DISCLAIMS ALL LIABILITY FOR (I) THE ACCURACY, AVAILABILITY OR RELIABILITY OF THE SERVICE (II) HARM TO YOUR COMPUTER, LOSS OF DATA OR OTHER HARM RESULTING FROM YOUR ACCESS TO THE SERVICE, (III) LOSS OF OR FAILURE TO TRANSMIT INFORMATION, AND OTHER LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SERVICE. 10. Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, WHIZZIMO SHALL NOT BE LIABLE TO YOU ON ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUES, DATA, GOODWILL OR ANY OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING (I)

THE INABILITY TO ACCESS THE SERVICE, (II) ACTS OR OMISSIONS OF THIRD PARTIES, (III) CONDUCT OR CONTENT OF THIRD PARTIES ON THE SERVICE, (IV) UNAUTHORIZED USE OR ACCESS TO YOUR USER ACCOUNT OR CONTENT. Under no circumstances will the amount of Whizzimo’s liability exceed the amount paid in subscription fees under your account for a period of one year.

11. Indemnification

You agree to defend, indemnify, and hold harmless Whizzimo, its officers, directors, employees, successors, and service providers from and against all third party claims, actions, fines, losses, expenses, damages, and costs, fines or proceedings including, without limitation, reasonable legal fees, arising or resulting from your intentional and willful breach of this Agreement or your unauthorized use or misuse of the Service, including infringement of a third party’s intellectual property rights.

12. Dispute resolution

We believe that any disputes we may have can be resolved between us. However, if we cannot resolve a dispute amicably, both parties agree to have the dispute resolved by final and binding arbitration. Arbitration will be subject to the Federal Arbitration Act, administered by the American Arbitration Association (“AAA”) and conducted by one arbitrator. The arbitration will be governed by the Commercial Arbitration Rules, as modified by this Agreement and by the Supplementary Procedures for Consumer Related Disputes, if applicable. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company.

Please note: You are waiving your right to sue Whizzimo in court. The dispute will be resolved by a neutral arbitrator and not by a judge or a jury. The arbitration process is simpler than a court proceeding.  An award in arbitration is as enforceable as a court order and is subject to very limited review.

This arbitration provision applies to all disputes, including all claims arising out of or relating to any aspect of this Agreement, our Privacy Policy or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. If you can demonstrate that the costs or arbitration will be prohibitive as compared to costs of litigation, Whizzimo will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. Whizzimo also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration.

You and Whizzimo agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both we both agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If these arbitration provisions as a whole are deemed unenforceable, then the entirety of this section shall be null and void and the parties agree that the exclusive jurisdiction and venue in Atlanta, Georgia shall govern any action arising out of or related to these Terms. If the class proceeding waiver is deemed unenforceable, then the arbitration provisions as whole shall be deemed unenforceable.

13. Termination

This Agreement will remain in effect until terminated by you or Whizzimo. We reserve the right to terminate this Agreement or to change the Service at any time and for any reason, including your violation of this Agreement or for business reasons.  The warranties, indemnity, limitation of liability, jurisdiction, and intellectual property and arbitration provisions of this Agreement survive termination.

14. Other provisions

​Whizzimo’s failure to enforce any provision of this Agreement does not constitute a waiver of its right to do so. If any provision of this Agreement is deemed unenforceable by a court of law of competent jurisdiction, the provision will be removed and the remaining terms of the Agreement will remain valid and in effect. We may assign this Agreement, in whole or in part, at any time without notice to you. This Agreement and our Privacy Notice constitute the entire agreement between you and Whizzimo and supersede any other agreements between you and Whizzimo, whether written or oral. This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia, without regard to its conflicts of law rules. The parties consent to the personal jurisdiction and venue in Atlanta, Georgia.

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