Terms & Conditions

Effective Date: 2024-04-21

These terms and conditions ("Terms") apply to the Wisely mobile application (hereby referred to as "Application") created by Growthwise (hereby referred to as "Service Provider," "we," "us," or "our") as a Commercial service.

By downloading, accessing, or using the Application, you ("User," "you," "your") automatically agree to these Terms. It is strongly advised that you thoroughly read and understand these Terms prior to using the Application. If you do not agree to these Terms, do not use the Application.

1. License to Use the Application

Subject to your compliance with these Terms, the Service Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Application on a mobile device that you own or control solely for your personal, non-commercial purposes.

You agree not to:

Copy, modify, or create derivative works of the Application, any part of the Application, or our trademarks.
Attempt to extract the source code of the Application.
Translate the Application into other languages.
Rent, lease, lend, sell, redistribute, or sublicense the Application.

2. Intellectual Property Rights and Content Ownership

Wisely's Intellectual Property: You acknowledge that the Application itself, including all text, graphics, images, audio recordings, marks, logos, software, data, the specific selection, arrangement, and presentation of summarized information ("Compilations"), and other content and materials displayed on or used by the Service Provider to operate the Application (excluding third-party book titles, cover images, author names used for reference, and the underlying ideas within the summarized books) are proprietary to the Service Provider or its licensors. The Service Provider expressly reserves all rights, including all intellectual property rights (such as copyright, trademarks, and database rights).
Summaries as Interpretations: The Application provides summaries, analyses, and key insights derived from books. These summaries represent the Service Provider's or its content partners' original interpretation, selection, and presentation of key ideas for educational and informational purposes only. They are not intended to replace the original works.
No Claim on Original Works: The Service Provider does not claim ownership of the copyright or other intellectual property rights in the original books being summarized. All referenced book titles, author names, and related trademarks are the property of their respective owners and are used for identification and informational purposes only under principles of fair use or nominative fair use where applicable. No endorsement or affiliation by the original authors or publishers is implied.
Limited License to User: Subject to your compliance with these Terms, the Service Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Application (including the summaries) solely for your personal, non-commercial educational consumption.
Restrictions on Use: Except as expressly permitted by these Terms, any use, reproduction, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation of the Application is strictly prohibited. The provision of the Application and its content does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights, beyond the limited license granted above. You agree not to use the summaries in any manner that competes with or substitutes for the original books.

3. Important Disclaimers

Educational Purpose: The information provided within the summaries is for educational purposes only. Any ideas described within a particular summary are the respective author’s personal thoughts and interpretations, not necessarily ours.
No Medical Advice: We do not offer or provide any kind of medical advice or other healthcare service, including without limitation, any testing, diagnosis, or evaluation related to mental or physical health. If you have any health concerns, you must consult with your physician or other qualified healthcare professional. The Application is not a substitute for professional advice.
No Guarantee of Success: We make no guarantees concerning the level of success you may experience by following the advice or strategies contained in any book summary. Results may differ for each individual, and you accept the risk that your results may vary.
No Author Endorsement: None of the authors mentioned in the Application endorse or sponsor the Application or any of our products or services. The inclusion of a book summary does not constitute an endorsement by us of the author, nor does it imply that any mentioned author authorizes, supports, endorses, or sponsors the Application or the Service Provider.

4. Subscription Terms & Billing

Access: While the Application may be free to download, certain features and the majority of content ("Premium Content") require a paid subscription ("Subscription"). Subscriptions may be offered on a recurring basis (e.g., monthly, quarterly, annually) or as a one-time purchase for specific content, as disclosed to you prior to purchase ("Purchase").
Purchase Methods: You can make Purchases directly through the Apple App Store or Google Play Store ("App Stores").
Auto-Renewal: Unless otherwise specified (e.g., for a one-time purchase), Subscriptions are automatically renewed. You agree that your Subscription will automatically renew for the same duration as your initial subscription period unless you cancel it at least 24 hours before the end of the current subscription period.
Cancellation: You must cancel your Subscription through your App Store account settings (Apple App Store or Google Play Store). We cannot cancel the subscription for you. Cancelling a subscription stops the auto-renewal, but you will retain access to the Premium Content until the end of your current paid period.
Payment Authorization: You authorize the relevant App Store to charge the applicable Subscription fees to the payment method associated with your App Store account. You agree to comply with all applicable agreements, terms of use, and policies of the App Stores.
Price Changes: We reserve the right to change Subscription fees at any time. We will provide reasonable notice of any price changes by posting the new prices within the Application, via email, or other prominent means. If you do not agree to the new fee, you must cancel your Subscription before the change takes effect. Continued use after the price change constitutes your agreement to the new fee.
Free Trials: We may offer a free trial subscription. The trial provides access to Premium Content for a specified period. Unless you cancel before the end of the free trial period, your access will automatically convert to a paid Subscription, and the applicable fee will be charged to your payment method via the App Store. It is your responsibility to know when the free trial ends. We reserve the right to modify or terminate any free trial offer at any time without notice or liability. Limit one free trial per user unless otherwise stated.

5. Payments and Refunds

App Store Responsibility: All Purchases made through the App Stores are processed by Apple (for iOS) or Google (for Android). You agree to pay all fees charged by the App Stores in connection with the Application.
Refund Policy: Subscriptions and Purchases made via the App Stores are subject to the refund policies of the respective App Store. The Service Provider cannot directly process refunds for purchases made through the App Stores. You must contact Apple App Store Support or Google Play Store Support directly to request a refund.
Data Sharing for Refunds: In connection with refund requests made through the App Stores, you consent to us sharing necessary data (e.g., subscription status, account activity) with the relevant App Store to facilitate the processing of your request.
Finality of Purchase: Unless required by mandatory provisions of applicable law, all Purchases are final and non-refundable. We do not provide refunds or credits for partially used subscription periods.
EU Residents - Right of Withdrawal: If you are a resident of the European Union, you normally have the right to withdraw from a contract for the purchase of digital content within 14 days without giving any reason. However, this right of withdrawal is lost if the performance of the agreement (i.e., delivery of the digital content/access to the subscription) begins with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. By making a Purchase within the Wisely app, you expressly consent to the immediate performance of the contract and acknowledge that you lose your right of withdrawal once the Purchase is validated and successfully delivered to you. Therefore, you will not be eligible for a refund unless the digital content is defective as defined under applicable law.
Non-Payment: If you fail to pay the applicable fees, we may make reasonable efforts to notify you and resolve the issue. However, we reserve the right to disable or terminate your access to the Premium Content or the Application without notice.

6. User Responsibilities

Device Security: The Application stores and processes personal data you provide. It is your responsibility to maintain the security of your phone and access to the Application. We strongly advise against jailbreaking or rooting your phone, as it may compromise your phone's security and prevent the Application from functioning correctly.
Internet Connection: Certain functions require an active internet connection (Wi-Fi or mobile data). The Service Provider is not responsible if the Application does not function fully due to lack of internet access.
Data Charges: If using the Application outside of Wi-Fi, your mobile network provider's terms apply. You may incur charges for data usage. You accept responsibility for any such charges, including roaming data charges. If you are not the bill payer, we assume you have received permission from the bill payer.
Device Charge: It is your responsibility to ensure your device has sufficient charge to use the Application. The Service Provider is not responsible if you cannot access the Service due to a dead battery.

7. Third-Party Services

The Application utilizes third-party services with their own Terms and Conditions. By using Wisely, you agree to be bound by the terms of these third-party services. Links to their terms are provided below:

Google Play Services
Google Analytics for Firebase
Firebase Crashlytics
Facebook
Amplitude
Adjust
RevenueCat

The Service Provider is not responsible for the functionality, content, or policies of these third-party services.

8. Data Collection & Privacy

The Service Provider is committed to protecting your privacy. Our collection and use of personal information in connection with the Application is described in our Privacy Policy. For details on how we collect, use, and protect your personal data, please refer to our Privacy Policy.

By using the Application, you agree to receive certain communications from us, such as service announcements, updates, newsletters, or push notifications. You can opt-out of non-essential communications (like newsletters) by unsubscribing via the email link or adjusting push notification settings on your device.

9. Eligibility & Age Restrictions

The Application is not intended for use by individuals under the age of 16. If you are under 18 (or the age of majority in your jurisdiction), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Application. Your parent or guardian must read and agree to these Terms before you use the Application. By using the Application, you represent and warrant that you meet these eligibility requirements.

10. Termination

Termination by You: You may stop using the Application at any time. You can cancel your subscription as described in Section 4.
Termination by Service Provider: We reserve the right to suspend or terminate your account, profile, or access to the Application, with or without notice, if you breach these Terms. We may also wish to cease providing the Application and may terminate its use at any time without providing termination notice. Unless we inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these Terms will end; (b) you must cease using the Application and, if necessary, delete it from your device.

11. Application Updates

The Service Provider may update the Application periodically. System requirements may change, and you will need to download updates to continue using the Application. We do not guarantee that we will always update the Application so that it is relevant to you or compatible with the OS version installed on your device. However, you agree to accept updates when offered.

12. Disclaimer of Warranties

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SERVICE PROVIDER DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY CONTENT PROVIDED WITHIN THE APPLICATION. YOU USE THE APPLICATION AT YOUR OWN RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SERVICE PROVIDER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS 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 (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION; (c) ANY CONTENT OBTAINED FROM THE APPLICATION; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SERVICE PROVIDER EXCEED THE AMOUNT YOU PAID THE SERVICE PROVIDER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD $100), WHICHEVER IS GREATER.

14. Governing Law & Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by the competent courts of Poland.

15. Changes to These Terms and Conditions

The Service Provider may periodically update these Terms and Conditions. We will notify you of any changes by posting the new Terms and Conditions within the Application or on our website. You are advised to review these Terms periodically for any changes. Changes are effective immediately after they are posted. Your continued use of the Application after the effective date of the revised Terms constitutes your acceptance of the changes.

16. Contact Us

You may contact us at any time for details regarding this Privacy Policy. For any questions please contact us at [email protected]