Wisanna is more than an AI assistant.
It's a partner.
It's a partner.
Effective Date: July 14, 2024
Welcome, and thank you for using Wisanna!
Please carefully read the Wisanna Terms of Use (hereinafter: the “Terms”). The Terms govern your access to and use of Wisanna’s content, services, solutions, and technologies available at Wisanna.com and its subdomains (such as app.wisanna.com, legal.wisanna.com, app.wisanna.com, wisanna-legal-office-addin.wisanna.com and others like *.wisanna.com), its applications and specialized services like Wisanna Legal, Wisanna Legal Addin for Microsoft Office, as well as through other channels (such as email and WhatsApp), in addition to any updates, upgrades, versions, extensions, improvements, and derivative works thereof (hereinafter collectively: the “Service”).
Wisanna is a brand operated by Navigabiz, a licensed business no. 307015578, registered under the laws of the State of Israel. In these Terms, we will refer to ourselves as “Wisanna” or “we”/”us.”
“You” means the legal entity you represent in accepting these Terms. You represent and warrant that (i) you have full legal authority to bind your employer or the relevant entity to these Terms; (ii) you have read and understood the Terms; and (iii) you agree to these Terms on behalf of the party that you represent. If you are using the Service for personal use only (i.e., not in connection with an organization, business, or other legal entity) as indicated by using a personal email for your Wisanna Account registration, all references to “you” refer to you as an individual.
a. “Acceptable Use Policy” means the Wisanna Acceptable Use Policy, which forms an integral part of the Terms.
b. “Account Information” means information about your Wisanna Account and information that you and your users provide to Wisanna in connection with (i) the creation or administration of your Wisanna Account; or (ii) the maintenance of your Wisanna Account or the Service provided by Wisanna. For example, Account Information includes names, usernames, passwords, email addresses, and payment information.
c. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party. For purposes of this definition, “control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity, as defined in the Securities Law.
d. “Beta Versions” means any alpha, beta, developmental, experimental, preview, or early access version of the Service or other Wisanna products or services. Any of the foregoing terms regarding a feature, product, or program constitutes notice of its Beta Version status.
e. “Customer Content” means any information, content, or materials that you input through the Service into your Wisanna Account, including information from Third-Party Services.
f. “Documentation” means the system documentation and/or user guide provided by Wisanna related to the Service, supplied directly by us through the Service and which may be updated from time to time by Wisanna. Documentation does not include any content published on any other website, community, or page.
g. “Excluded Claims” means (i) any amount you owe as part of the Service Fees; (ii) your indemnification obligations under these Terms or your breach of Section 4; (iii) any claims that cannot be excluded or limited under applicable law.
h. “Feedback” means feedback, comments, ideas, suggestions, and improvements regarding the Service, Beta Versions, or any other Wisanna products, services, or activities.
i. “Service Fees” means the applicable service fees for your use of the Service according to the relevant package as it appears in the pricing notice included in the Service or on the Wisanna website, or as determined in a Wisanna order form.
j. “Sensitive Personal Information” means (i) protected health information (HIPAA); (ii) bank account numbers, credit card numbers, or other financial account numbers; (iii) social security numbers, driver’s license numbers, or other government-issued identification numbers.
k. “Subscription Term” means the period for which you have subscribed to the Service.
l. “Taxes” means any sales, use, value-added, withholding, or other taxes applicable to the Service, whether domestic and/or foreign.
m. “Third-Party Authentication” means your login to the Service using supported third-party services to enable you to access your Wisanna Account.
n. “Third-Party Services” means any third-party service, connection, website, platform, application, software, or integration that connects to/with the Service.
o. “Usage Information” means analytics data, including metadata, related to the provision, use, and performance of various aspects of the Service, Third-Party Services, and related systems and technologies, including information about your use of various features and capabilities of the Service and your Wisanna Account and analytics derived therefrom, and configuration data, including field mapping, actions, and features of products and capabilities.
p. “Wisanna Account” means your account with the Service to which you have registered and/or which you use.
q. “Wisanna AI Functions” means products or capabilities of the Service that use artificial intelligence, machine learning models, or similar technologies.
a. Account Registration and License to Use: To access and use the Service, you must register for a Wisanna Account. You must provide and maintain accurate, current, and complete Account Information. Upon registration for a Wisanna Account and subject to these Terms, Wisanna will provide the Service during the relevant Subscription Term, solely for your internal business purposes and in accordance with the Documentation.
b. Eligibility: To open and maintain a Wisanna Account, you represent and warrant that you have the legal capacity (including being of legal age) to enter into contracts in accordance with the law.
c. Access Credentials: To set up and use your Wisanna Account, you can (i) receive a username and password to access your account; or (ii) use Third-Party Authentication (such as Google Login). You are responsible for maintaining the confidentiality of your Wisanna Account access credentials. You agree to immediately notify Wisanna of any suspected unauthorized use of your Wisanna Account. You agree that you will be responsible and liable for all uses of the Service under your Wisanna Account, including, without limitation, compliance with all applicable laws, regulations, and third-party terms applicable to the Service. You agree that Wisanna will not be liable for any costs, losses, damages, or expenses arising from your failure to maintain the security of your Wisanna Account or your access credentials, including access credentials for your Third-Party Authentication.
a. Service Fees: Some features of the Service may only be accessible and available for use upon payment of the applicable Service Fees. Notwithstanding the foregoing, any service provided during a free trial period is provided “AS IS” without any warranty or indemnity.
b. Taxes: You are responsible for all tax payments except for Wisanna’s income tax. Service Fees do not include taxes, levies, or customs duties. If Wisanna has a legal obligation to pay or collect Taxes for which you are responsible under this section, Wisanna may charge you for the tax and/or pay the tax on your behalf and subsequently collect it from you, unless you provide Wisanna with a valid tax exemption certificate from the appropriate tax authority.
c. Subscription Term and Automatic Renewal: Your Subscription Term begins the moment you register for your Wisanna Account and applies according to the billing cycle you have chosen for your Wisanna Account, or if you purchased the Service through a Wisanna order form, then the Subscription Term will be as specified in your order form. Unless you downgrade or cancel your subscription before the end of your current Subscription Term, your subscription will automatically renew for an additional subscription term on the same plan (or if no longer available, on an alternative plan of your choice) and for a period identical to your current Subscription Term. All renewals are subject to the continued provision of the Service and the relevant plan and will be subject to the applicable Service Fees for the renewed Service.
d. Plan Changes, Cancellation, and Termination by You: You can change or cancel your plan or delete your Wisanna Account by taking the following steps:
Send an email to: support@wisanna.com
The subject line of the message must be: Account Cancellation Request
After taking these steps, the account will not be closed immediately, but rather at the end of the current subscription period, unless you request to close the account immediately.
It is clarified and agreed that canceling the account does not entitle you to a credit or refund for any unused portion of the current Subscription Term.
It is also clarified and agreed that the following actions do not constitute a plan cancellation, account closure, or termination: (i) canceling or suspending any form of payment registered with Wisanna for the payment of your Wisanna Account fees; or (ii) any confirmation of cancellation or termination from any party other than Wisanna. You expressly acknowledge that discontinuation of the Service may result in the loss of features or capabilities in your Wisanna Account, and that Wisanna is not responsible for such loss.
e. Termination and Suspension by Wisanna: We reserve the right to terminate or suspend your Wisanna Account and/or our Service to you at any time for any or no reason, by providing notice to you. If we terminate or suspend your Wisanna Account without cause, we will refund you a pro-rata portion of your subscription payment. We will not provide a pro-rata refund or any compensation if we block or close your Wisanna Account for a violation of these Terms or the Acceptable Use Policy.
f. Effect of Termination: Upon the deletion of your Wisanna Account, your Wisanna Account or your Customer Content cannot be restored in any way. If you do not log in to your Wisanna Account for twelve (12) months or more, we reserve the right to mark your Wisanna Account as “inactive” and delete the Wisanna Account and/or any data associated with it. Except where an exclusive remedy is expressly stated in these Terms, the exercise of any remedy by either party, including termination, will not prejudice the right to any other remedy that party may be entitled to under these Terms. All sections of these Terms which by their nature should survive termination shall remain in effect, including without limitation, accrued payment obligations, use restrictions, indemnification obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
a. Account and Use of the Service: You may use your Wisanna Account and the Service only (i) for lawful purposes; and (ii) in accordance with these Terms.
b. Prohibited Use: You may not use or access the Service in contravention of the Acceptable Use Policy. In addition, you will not permit others to: (i) sell, sublicense, distribute, transfer, or lease the Service (in whole or in part), grant access to the Service to individuals who are not authorized users, or use the Service to provide a managed or hosted service to others; (ii) reverse-engineer, decompile, disassemble, or otherwise attempt to access the source code of the Service, unless the foregoing restrictions are prohibited by law, in which case only after prior notice to Wisanna; (iii) copy, modify, create derivative works from the Service, or remove proprietary notices from the Service; (iv) conduct security tests or compromise the Service, interfere with its operation, or bypass its access restrictions; (v) use the Service to develop a product or service that is competitive with Wisanna; or (vi) use the Service outside the scope of the rights expressly granted in these Terms.
c. High-Risk Activities or Sensitive Personal Data Prohibited: You may not access or use the Service for any high-risk activity or upload to the Service or transmit any Sensitive Personal Information. Wisanna has no liability under these Terms for any high-risk activity or the use or uploading of Sensitive Personal Information in contravention of the foregoing.
d. Enforcement: We reserve the right, but are not obligated, to monitor the Service, investigate, and take appropriate action against any party that uses the Service in violation of applicable law or these Terms, including but not limited to the right to delete any Customer Content. We will use reasonable efforts to provide you with prior notice of deletions and suspensions where possible, but if we determine that your actions may jeopardize the operation of the Service or other users, we may suspend your access or remove your Customer Content immediately without notice. We have no liability to you for the suspension of access and/or the removal or deletion of your Customer Content.
a. Data Privacy: The Wisanna Privacy Policy is incorporated into these Terms and forms an integral part of these Terms.
b. Security: We have implemented and maintain various security measures designed to protect the Service and Customer Content from unauthorized access, destruction, use, modification, or disclosure.
a. Your Data: You retain ownership of your Customer Content, including the Customer Content in your Wisanna Account, which is processed and/or stored on the Service. By transmitting, processing, and/or storing Customer Content on the Service, you hereby grant Wisanna a non-exclusive, limited license to access, use, process, copy, store, perform, transmit, export, and display the Customer Content and to access your Wisanna Account, as reasonably required to: (i) provide, maintain, operate, improve, and update the Service; (ii) prevent or address service, security, support, or technical issues; and (iii) as required by law.
b. Your Obligations: You shall be solely responsible for the accuracy, quality, content, and legality of the Customer Content, and for any action arising from the Customer Content. You represent and warrant that: (i) you have obtained all necessary rights and permissions to transmit the Customer Content through the Service and for any action activated by the Customer Content in the Service, and to use, process, and/or store the Customer Content in the Service as you are authorized in these Terms or through your Wisanna Account; and (ii) the Customer Content, its transmission, processing, storage, and use as you are authorized in these Terms or through your Wisanna Account will not violate any law or regulation, these Terms, or any third-party terms of service as applicable.
a. The Wisanna Service: The Service is provided on a limited access basis, and no ownership rights are granted to you therein. Notwithstanding anything to the contrary herein, we hold and retain all rights, title, and interest, including all intellectual property rights, in and to the Service, including any modifications, updates, upgrades, extensions, components, Usage Information, and all derivative works of the Service. We reserve all of our rights not expressly granted in these Terms.
b. Improvements: Wisanna welcomes your Feedback. Should you provide Feedback, we may use it without restriction or compensation to you.
c. Reference: You hereby grant Wisanna the right to identify and mention you as a customer of Wisanna and to use your logos and trademarks for this purpose.
a. Service Warranty: If you are a paying subscriber to the Service, Wisanna warrants to provide you with the Service during the Subscription Term substantially as described in the Documentation. In the event of a breach of this warranty, your exclusive remedy shall be the re-performance of the deficient Service by us or, if we do not re-perform the deficient Service as warranted, you may terminate your agreement as described above, and we will refund a pro-rata portion of your payment. You must notify us in writing of any deficiency in the Service within ten (10) days of receiving the deficient Service to receive the aforementioned remedy.
b. Disclaimers: EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WISANNA DOES NOT WARRANT THAT THE SERVICE WILL BE COMPLETE, FIT FOR YOUR PURPOSES, RELIABLE, USEFUL, OR ACCURATE. WISANNA HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED, STATUTORY, OR OTHER WARRANTIES WITH RESPECT TO THE SERVICE OR ITS AVAILABILITY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, AND NON-INFRINGEMENT. ALL RISK AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE IS ASSUMED BY YOU. WISANNA SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY MATERIAL CONTAINED IN THE SERVICE. WISANNA DOES NOT WARRANT THAT THE AVAILABILITY OF THE SERVICE WILL BE UNINTERRUPTED, THAT THE SERVICE WILL BE ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.
c. Your Indemnification Obligations: You agree to indemnify, defend, and hold harmless Wisanna, its affiliates, directors, employees, and agents (hereinafter: “the Wisanna Indemnified Parties”) from and against any claim, demand, suit, or proceeding against them, and to indemnify the Wisanna Indemnified Parties from and against any and all losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your breach or alleged breach of these Terms, or (ii) your Customer Content, or your use of the Customer Content with the Service.
d. Exclusive Rights and Obligations: Without prejudice to the termination rights of either party, this Section 8 sets forth the sole and exclusive remedy of the parties under these Terms for any claim or third-party claim covered by this section.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE EXCLUDED CLAIMS (AS DEFINED ABOVE), NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR STATUTORY DAMAGES (INCLUDING LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF SUCH PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE CLAIMED, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR (B) AMOUNTS IN THE AGGREGATE EXCEEDING THE TOTAL SERVICE FEES YOU PAID TO WISANNA DURING YOUR CURRENT SUBSCRIPTION TERM.
a. Confidential Information: Each party (the “Disclosing Party“) may disclose Confidential Information to the other party (the “Receiving Party“) in connection with the Service. Confidential Information is anything that can reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, as well as non-public business, product, product roadmap, technology, and marketing information. If something is marked “Confidential,” it is a clear sign to the Receiving Party that the material is confidential. Notwithstanding the foregoing, Confidential Information does not include information that (i) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) is received from a third party without breach of any obligation owed to the Disclosing Party; or (iv) was independently developed by the Receiving Party.
b. Protection and Use of Confidential Information: The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, and contractors who are exposed to such information in connection with the Service, and ensure they are bound by confidentiality obligations at least as restrictive as those in these Terms; and (ii) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of the Service and these Terms. Nothing in the foregoing shall prevent either party from sharing Confidential Information with financial and legal advisors, provided that such advisors are bound by confidentiality obligations at least as restrictive as those in these Terms.
c. Compelled Access or Disclosure: The Receiving Party may access or disclose Confidential Information of the Disclosing Party if required by law; provided that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and provides reasonable assistance, at the Disclosing Party’s expense, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is compelled by law to access or disclose the Disclosing Party’s Confidential Information, the Disclosing Party shall reimburse the Receiving Party for the reasonable costs of collecting and providing access to the Confidential Information as well as the reasonable costs of any support provided in connection with the Disclosing Party seeking a protective order or treatment for the Confidential Information to be produced.
a. Administrative Access: If your Wisanna Account has account owners, administrative users, or super-administrative users, you understand and agree that such users may access, modify, and/or delete (as required) your Customer Content and other data contained in your Wisanna Account.
b. Service Location: Wisanna operates or controls the operation of the Service using cloud services located in the United States. In addition, the Service and Customer Content may be accessed, mirrored, and managed from various locations outside the United States.
c. Wisanna AI Functions
(i) Wisanna includes Wisanna AI Functions as part of the Service. “Input” means any information you enter into the Wisanna AI Functions. “Output” means information generated and returned by the Wisanna AI Functions based on the provided Input. The Output does not include the Service, Third-Party Services, Documentation, and Usage Information. As between the parties under this Agreement and to the extent permitted by applicable law, Inputs and Outputs are considered Customer Content. Other users providing similar input to the Wisanna AI Functions may receive the same or similar Output.
(ii) The Wisanna AI Functions were built and tested with the goal of providing faithful and accurate information. These AI Functions rely on factual content and documents such as court rulings, decisions of various courts, and other legal information. However, due to the nature of AI functions, complete reliability cannot be guaranteed.
Therefore, you declare, understand, and agree that any information obtained through the use of the Wisanna AI Functions is at your sole risk. You should not rely on factual statements in the Output without independently verifying the facts. You should not rely on facts provided, recommendations, summaries, assessments, or any other information in the Output without an independent review of the information and its suitability for your needs. No information, suggestions, or output obtained by you from Wisanna or through the Wisanna AI Functions will create any warranty not expressly made herein.
(iii) You may not use the Wisanna AI Functions or the Output: (1) to develop models or solutions that compete with Wisanna or the Wisanna AI Functions; (2) to mislead any person that the Output from the Service was generated solely by a human; (3) in a manner that violates the Service Documentation or its usage guidelines; (4) to make automated decisions that may adversely affect individual rights without appropriate human oversight; or (5) in a manner that infringes, violates, or makes unauthorized use of our rights or the rights of any third party.
d. Beta Versions: Wisanna may offer optional beta functions (hereinafter: “Beta Versions”). Wisanna may discontinue or you may be able to discontinue your use of Beta Versions at any time and for any reason. Beta Versions may not work, may be incomplete, or may include features that will never be released. Notwithstanding anything else in these Terms, Wisanna assumes no liability, indemnity, or support obligations for Beta Versions. Information about a private Beta Version provided to you constitutes Confidential Information of Wisanna under Section 10 above. Certain Beta Versions may include additional terms that apply in addition to these Terms. In case of a conflict between these Terms and the additional terms, the additional terms will prevail for the specific Beta Version.
a. Notices from Wisanna to You: Wisanna may send you notices by email to the email address registered in your Wisanna Account. You are responsible for ensuring your contact information is up-to-date and accurate in your Wisanna Account.
b. Notices from You to Wisanna: If you have a dispute with Wisanna, wish to provide notice in connection with these Terms, or are subject to insolvency or similar legal proceedings, you must send immediate written notice to Wisanna at:
support@wisanna.com
Our mission at Wisanna is to help our customers increase their efficiency and effectiveness.
To ensure continued reliability, everyone must access and use Wisanna’s services in ways that do not abuse our services and in good faith. This Acceptable Use Policy serves as a guide to what we consider misuse of our services.
Security Violations or Network Abuse: You may not access or use Wisanna’s services, directly or indirectly, or in ways that create any of the following:
Disruption of Operation: Impairing the availability of our services.
Denial of Service Attack: Creating or causing a risk that could lead to a denial of service attack on our services or those of a third party.
Security Circumvention: Bypassing or attempting to bypass limitations or security mechanisms established by Wisanna or a third party. This includes testing or reverse-engineering to find limitations, vulnerabilities, for competitive research, or to bypass filtering capabilities.
Security Risk: Creating a security or service risk to Wisanna, our services, or a third party.
Malicious Attacks: Sending or facilitating cyber-attacks of any kind.
Misuse: You may not access or use Wisanna’s services, directly or indirectly, to perform:
Fake Registration: Creating, promoting, or publishing a fake registration for the Service, or fake or inauthentic reviews or other content.
Creating Multiple Accounts: Creating multiple Wisanna accounts to bypass service limitations or restrictions.
Intellectual Property Infringement: Using, publishing, distributing, or infringing on the intellectual property of Wisanna or a third party that you do not have the right to do so.
Misrepresentation: Impersonating other people or businesses, engaging in phishing, spoofing, or misrepresenting yourself or the source of any content. Wisanna Service accounts may not be created with disposable email addresses.
Illegal Activities or Content
You may not access or use Wisanna’s services, directly or indirectly, to perform any fraudulent or illegal activity and/or while violating or assisting in the violation of any law or regulation.
Violation of this Policy
If you use Wisanna in violation of our Acceptable Use Policy, we may investigate and take any legal action available to us.
Since each situation is unique, we review violations of this policy on a case-by-case basis. In some cases, we may contact you and ask you to correct/address the violation. In others, we may temporarily or permanently suspend your Wisanna Account, with or without notice.
a. Force Majeure: Neither Wisanna nor you shall be liable for any failure or delay in the performance of a party’s obligations due to events beyond the reasonable control of the party, which may include denial-of-service attacks, failure of a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
b. Severability; Waiver: If any provision of these Terms is deemed illegal or unenforceable, the remaining parts will remain in full force and effect, and the provision will be enforced to the maximum extent possible to effectuate the parties’ intent and will be reformed to the extent necessary to make the provision legal and enforceable. No waiver of rights by either party may be inferred from actions or failures to enforce rights under these Terms.
c. No Third-Party Beneficiaries: These Terms do not create any rights for any third party.
d. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the State of Israel. Any disputes arising from or related to these Terms shall be submitted to the exclusive jurisdiction of a competent court in Tel Aviv, and each party irrevocably consents to such jurisdiction and waives any objection to this venue.
e. Entire Agreement: These Terms and the policies or terms expressly mentioned and incorporated into these Terms constitute the entire agreement and understanding between the parties regarding the terms of use of Wisanna, although different or additional terms may be included in a purchase order. These Terms supersede all prior or contemporaneous discussions, proposals, and agreements between you and Wisanna relating to this subject matter, i.e., the terms of use of Wisanna.
f. Gender: The use of the masculine gender in these Terms is for convenience only and is intended to be construed to include all genders.
Wisanna may update these Terms from time to time by posting a revised version of the Terms including an update date. If we make material changes to the Terms, we will provide you with reasonable notice before the new terms take effect. By continuing to access or use the Service after revised terms are posted, you agree to be bound by the updated terms.