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Terms of
Service

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Terms and Conditions of Use

When this policy mentions “Company,” “we,” “us,” or “our,” it refers to HUBX YAZILIM HİZMETLERİ ANONİM ŞİRKETİ, ÇINARLI MAH. ANKARA ASFALTI CAD. NO: 15 İÇ KAPI NO: 411 KONAK/İZMİR that is responsible for your information under this Terms & Conditions. These Terms constitute a legally binding agreement between Wiser App and you, regulating your use of the website at https://wiserapp.co/start (the “Website”), the Wiser App: Fun & Easy Growth mobile application (“App”), and related services, including all information, text, graphics, software, and emails (the “Content”). Collectively, the Website, App, Content, and our services are referred to as the “Services”.

This is a subscription service that automatically renews. We provide information about our Subscription Policy at or near the point of purchase. Please read these Terms (especially Section 7 “Payments and Refunds”) and the Subscription Policy carefully before starting a free trial or purchasing the App’s auto-renewing subscription services. To avoid charges, you must cancel your subscription or trial at least 24 hours before the end of the free trial or the current subscription period. If you are unsure how to cancel, please visit Apple Support, Google Play Help, or our website, depending on where you purchased your subscription. Deleting the App does not cancel subscriptions or free trials. You may want to screenshot this information for reference.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS, YOU AGREE (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND Wiser App THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 13 “MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER” BELOW FOR DETAILS.

THESE TERMS ALSO CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), WARRANTY DISCLAIMERS (SECTION 10), LIABILITY LIMITATIONS (SECTION 11), AND A CLASS ACTION WAIVER (SECTION 13).

1. General Terms

  1. These Terms form a legally binding agreement between you and Wiser App. PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICES.
  2. Please review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies, or documents that may be posted on the Services from time to time are expressly incorporated by reference.
  3. We may change these Terms on this page of the Website. We may notify you of critical changes via email or by posting notifications on the Services but are not obliged to do so in every case. Any changes will be notified by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each change. If you don’t agree to the changes, you should stop using the Services. Continued use of the Services after changes to these Terms indicates acceptance.
  4. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, DO NOT DOWNLOAD THE APP OR USE THE SERVICES.

2. Important Disclaimers

  1. The App contains summaries based on key insights from non-fiction books. The information within these summaries is for educational purposes only.
  2. We do not offer medical advice or other healthcare services, including testing, diagnosis, or evaluation related to mental health. If you have any health issues, consult your physician or other healthcare professionals.
  3. The ideas described in the summaries are the authors’ personal thoughts and not ours. We make no guarantees about the success you may achieve by following the advice and strategies in the book summaries, and you accept that results will vary.
  4. None of the mentioned authors endorses or sponsors the App or any of our products, services, or activities. The mention of authors does not constitute endorsement by us. Nothing in the App suggests that any of the mentioned authors authorizes, supports, endorses, or sponsors any of our products or services.

3. Profile Registration

  1. To use the Services, you may need to register a profile on the App or Website (“Profile”) and provide certain information as prompted by the registration form.
  2. If you register a Profile, you represent and warrant that: (i) all registration information is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Services does not violate any applicable law or regulation or these Terms. Otherwise, the Services may not operate correctly, and we may not be able to contact you with important notices.
  3. The Services are not intended for individuals under 16. You represent and warrant that you meet this age requirement. Users who are minors in their jurisdiction (generally under 18) must have the permission and supervision of a parent or guardian to use the Services. If you are a minor, your parent or guardian must read and agree to these Terms before you use the Services.
  4. We reserve the right to suspend or terminate your Profile or access to the Services with or without notice if you breach these Terms.
  5. You are responsible for maintaining the confidentiality of your Profile login information and are fully responsible for all activities that occur under your Profile. Notify us immediately of any unauthorized use or suspected unauthorized use of your Profile or any other breach of security. Wiser App is not liable for any loss or damage arising from your failure to comply with these requirements.
  6. By using the Services, you agree to receive certain communications from Wiser App, such as updates on the Services, a periodic e-mail newsletter, or push notifications. You can opt-out of non-essential communications by unsubscribing from the email letter or adjusting your device push preferences.

4. Services

  1. You agree that your use of the Services will be consistent with the license, covenants, and restrictions and will not infringe or violate the rights of any other party or breach any contract or legal duty. You will comply with all applicable laws, regulations, and ordinances relating to the Services and your use of them.
  2. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Services and all associated fees (such as computing devices and Internet service provider charges).
  3. We retain the right to implement changes to the Services (free or paid features) at any time without notice or liability. Your access to the Services may be impaired or prevented by various actions, and Wiser App has no responsibility or liability for such actions, including the deletion of any content or services.
  4. Your access to and use of the Services is at your own risk. We are not responsible for any harm to your computing system, loss of data, or other harm resulting from your access to or use of the Services or reliance on any information or advice.
  5. We have no obligation to provide customer support. However, Wiser App may provide support at its discretion.

5. Intellectual Property and User Content

  1. All text, images, marks, logos, compilations, data, other content, software, and materials displayed on the Services or used by Wiser App, excluding User Content, are proprietary to Wiser App or third parties.
  2. Wiser App reserves all rights, including intellectual property rights, in all the foregoing. Except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation is strictly prohibited. The provision of the Services does not transfer any rights, title, or interest in such intellectual property rights to you or any third party.
  3. The information you submit as part of your registration, and any data, text, and other material you submit or post (“User Content”) remain your intellectual property, and we do not claim ownership of such User Content. You agree that Wiser App may retain copies of all registration information and User Content and use it as reasonably necessary for the operation of the Services and as described in these Terms and the Privacy Policy.
  4. You grant Wiser App a non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display, and perform the User Content in connection with the Services.
  5. Subject to these Terms, Wiser App grants you a non-transferable, non-exclusive license (without the right to sublicense) to use the Services for your personal, non-commercial purposes and install and use the App on your handheld mobile device for personal, non-commercial purposes.

6. App Stores, Third-Party Ads, Other Users

  1. The availability of the App depends on the third party from which you received the App, such as the Apple App Store or Google Play Market (collectively, “App Stores”).
  2. You agree to pay all fees charged by the App Stores in connection with the App. Your license to use the App is conditioned upon compliance with all applicable agreements, terms of use, and policies of the App Stores. The App Stores are third-party beneficiaries of these Terms and have the right to enforce these Terms.
  3. The Services may contain links to third-party websites or resources and advertisements for third parties (“Third-Party Ads”). Wiser App is not responsible for any Third-Party Ads. We provide these Third-Party Ads as a convenience and do not review, approve, monitor, endorse, warrant, or make representations regarding them. You assume all risk arising from your use of any such websites or resources. Your transactions with Third-Party Ads, including payment and delivery of goods or services, are solely between you and the merchant or advertiser.
  4. Each user of the Services is responsible for their User Content. Wiser App is not responsible for any User Content and does not guarantee its accuracy, currency, suitability, or quality. Your interactions with other Services users are solely between you and the user. Wiser App is not responsible for any loss or damage resulting from such interactions. If there is a dispute between you and any Services user, Wiser App is under no obligation to become involved.
  5. You release us, our officers, employees, agents, and successors from claims, disputes, costs, losses, liabilities, damages, expenses, and judgments of any kind arising from any interactions with or conduct of any App Store, other Services users, or Third-Party Ads.

7. Payments and Refunds

  1. The App is free to download. Certain features may be offered for a fee either by (1) paying a subscription fee in advance on a recurring interval disclosed before purchase or (2) a one-time payment for access to specific Content outside the App (together or separately, the “Purchase”). Purchases are made directly from Wiser App or through the App Store.
  2. We may change Purchase fees at any time, subject to applicable laws. We will give reasonable notice of any pricing changes by posting new prices on the App and/or sending an email notification. If you do not wish to pay the new fees, cancel the applicable subscription before the change takes effect.
  3. You authorize us and the App Stores to charge the applicable fees to the payment card you submit.
  4. By signing up for certain subscriptions, you agree that your subscription may automatically renew. Unless you cancel, you authorize us and the App Stores to charge you for the renewal term. The renewal period will be the same as your initial subscription unless otherwise disclosed. The renewal rate will not exceed the prior subscription period rate, excluding promotional pricing, unless notified of a rate change. Cancel your subscription according to the disclosed procedures. Fees will not be refunded or prorated for a canceled subscription.
  5. We may offer a trial subscription. Unless you cancel before the trial ends, your access will automatically continue, and you will be billed the applicable fees. It is your responsibility to know when the trial ends. We reserve the right to modify or terminate any trial offer at any time.
  6. The Services and your rights to use them expire at the end of the paid subscription period. If you do not pay the fees due, we may disable or terminate your access to the Services.
  7. Subscriptions purchased via the App Store are subject to the App Store’s refund policies. We cannot grant refunds. Contact App Store support for refunds.
  8. You agree that Purchases are final and non-refundable. Wiser App will not refund any transaction once made. Purchases cannot be canceled. Refunds may be provided in cases required by law or at Wiser App’s discretion.

Note for EU Residents: If you are an EU user, you have the right to withdraw from the purchase agreement for digital content without charge and without reason within fourteen (14) days from the date of the agreement. The withdrawal right does not apply if the agreement’s performance has begun with your express consent and acknowledgment that you lose the right of withdrawal. By accepting these terms, you consent to the immediate performance of the agreement and acknowledge that you will lose the right to withdraw once the digital content is delivered. Therefore, refunds are not available unless the content is defective.

8. User Representations and Restrictions

  1. By using the Services, you represent and warrant that:
    • You have the legal capacity and agree to comply with these Terms;
    • You are not under the age of 16;
    • You will not access the Services through automated or non-human means, such as a bot or script;
    • You will not use the Services for illegal or unauthorized purposes;
    • You are not in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country;
    • You are not on any U.S. government prohibited or restricted party list;
    • Your use of the Services will not violate any applicable law or regulation.
  2. If you provide false, inaccurate, not current, or incomplete information, we may refuse any current or future use of the Services.
  3. You may not use the Services for any purpose other than what we make available. The Service may not be used for commercial endeavors unless specifically authorized.
  4. As a user of the Services, you agree not to:
    • Systematically retrieve data or other content from the Services to create a compilation or database without written permission;
    • Make unauthorized use of the Services;
    • Modify, adapt, improve, enhance, translate, or create derivative works from the Services;
    • Use the Services for any revenue-generating endeavor or commercial enterprise;
    • Make the Services available over a network allowing access by multiple devices or users simultaneously;
    • Use the Services to create a product, service, or software competitive with or substituting the Services;
    • Use proprietary information or our interfaces in the design or development of applications for use with the Services;
    • Circumvent, disable, or interfere with security-related features of the Services;
    • Engage in unauthorized framing or linking to the Services;
    • Interfere with, disrupt, or create an undue burden on the Service or networks connected to the Services;
    • Decipher, decompile, disassemble, or reverse engineer any software making up the Services;
    • Bypass measures designed to prevent or restrict access to the Services;
    • Upload or distribute files containing viruses, worms, trojans, or other harmful software;
    • Use automated systems to access the Services or send unsolicited commercial emails;
    • Disparage, tarnish, or harm Wiser App and/or the Services;
    • Use the Services inconsistently with applicable laws or regulations;
    • Infringe these Terms.

9. Indemnification

You agree to indemnify and hold Wiser App and its affiliates harmless from any claims, disputes, costs, losses, liabilities, damages, expenses, and judgments arising from your use of the Services, User Content, or violation of these Terms.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. We make no warranty that the Services will meet your requirements or be available uninterrupted, secure, or error-free. Your use of the Services is at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Wiser App AND ITS SERVICE PROVIDERS ARE NOT LIABLE FOR INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES, SAVINGS, BUSINESS OPPORTUNITY, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE ARISING OUT OF THESE TERMS OR THE USE OF THE SERVICES. Wiser App’S TOTAL LIABILITY WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO Wiser App FOR THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES ARE FUNDAMENTAL TO THE AGREEMENT BETWEEN Wiser App AND YOU.

12. International Use

Wiser App makes no representation that the Services are legally available for use in your jurisdiction. Accessing and using the Services from territories where it is illegal is prohibited. You are responsible for compliance with local laws.

13. Mandatory Binding Arbitration and Class Action Waiver

  1. Mandatory Arbitration of Disputes: You and Wiser App agree to resolve any dispute, claim, or controversy through binding, individual arbitration rather than in court. The U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and you and Wiser App waive the right to a trial by jury or to participate in a class action. This arbitration provision survives termination of these Terms.
  2. Exceptions: We may seek to resolve a Dispute in local court if it qualifies, and each party retains the right to seek injunctive or equitable relief to prevent intellectual property infringement.
  3. Arbitration Rules: Arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The AAA Rules are available at www.adr.org. Any arbitration hearings will take place in your county of residence unless otherwise agreed. The arbitrator has exclusive authority to decide all issues relating to the arbitration agreement.
  4. Arbitration Costs: AAA Rules govern payment of filing, administration, and arbitrator fees. If Wiser App prevails, it will pay its attorneys’ fees and costs. If you prevail, you may be awarded attorneys’ fees and expenses.
  5. Injunctive and Declaratory Relief: The arbitrator can award relief only to the individual party seeking relief. Public injunctive relief claims must be litigated in a civil court and stayed pending arbitration.
  6. Class Action Waiver: You and Wiser App agree to bring claims against each other only in individual capacity, not as a class member in any class or representative proceeding. If this provision is found unenforceable, the entire arbitration agreement is null and void.

14. Governing Law and Venue

  1. These Terms are governed by the laws of the United Kingdom.
  2. Any disputes not submitted to arbitration will be settled in the courts of the United Kingdom, and you waive defenses of improper venue.
  3. For EU Residents: You have the protection of mandatory consumer protection laws of your country of residence. You may bring disputes in the competent court of your habitual residence if it is an EU Member State. Wiser App may also bring disputes in your country of habitual residence. Use of the Services is governed by the laws of the United Kingdom.

15. Miscellaneous

  1. No delay or omission by Wiser App in exercising any rights under these Terms will impair such rights or be a waiver. A waiver by Wiser App of any breach will not be a waiver of any subsequent breach.
  2. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect and will be reformed to reflect the intent of the parties.
  3. These Terms set forth the entire agreement between you and Wiser App and supersede all prior agreements regarding its subject matter.
  4. We may transfer our rights and obligations under these Terms. By accepting these Terms, you consent to such transfer. Notice of transfer will be provided by updating these Terms.
  5. All communications on the Services are considered electronic. You agree that electronic communications, including notices, disclosures, agreements, and records, are equivalent to written communications and are legally binding. By clicking “SUBMIT,” “CONTINUE,” “REGISTER,” “I AGREE,” or similar buttons, you are submitting a legally binding electronic signature.
  6. Wiser App is not liable for any failure to comply with these Terms due to factors beyond its control.

16. Refund Policy

Last Updated: March 2024 Thank you for purchasing our products on the website www.wiserapp.co (“Product”) by HubX Studios Ltd (“HubX” or “Company”). The Company offers you a refund right for purchases that are directly made on the website www.wiserapp.co (“Website”), if you are not satisfied with the Product, provided that the conditions set forth in this Refund Policy are met, in addition to the refund rights that are mandatorily granted by the applicable laws.

I. SUBSCRIPTION

www.wiserapp.co (“Website”) is provided by HubX on a free basis. Once you start using the Website, you will have access to its basic features, including the browser version of the Wiser mobile app at www.wiserapp.co. Access to unlimited features of Wiser requires paid subscriptions. The full list of Wiser's features and pricing are provided on the Website. You can choose different subscription options. Prices are in U.S. dollars and may vary in countries other than the U.S. You will have all the necessary information about your subscription plan and on the Website before the purchase. Your subscription will be automatically renewed within 24 hours before the current subscription ends. Please see Section IV. CANCELLATION to understand how to cancel your subscription.

II. FREE TIER

You may have the opportunity to explore free tier options during your first book reading or listening session. To continue using the website after this, you’ll need to choose one of the paid subscription plans available.

III. PAYMENT METHODS

You can pay for your subscription via debit or credit card; the payment is processed via Stripe payment system or with your PayPal account. Payment will be charged to the payment method you provided at the time of purchase. You authorize us to charge the applicable subscription fees to the payment method that you have chosen.

IV. CANCELLATION

Canceling your subscription means that the automatic renewal will be disabled, but you will still have access to all your subscription features for the remaining time of your then-current period. Note that deleting the app does not cancel your subscriptions. If you purchased a subscription or enabled free trial on App Store: If you are eligible for a refund, you’ll have to request it directly from Apple. To request a refund, follow these instructions from the Apple support page. If you purchased a subscription or enabled free trial on Google Play: If you are eligible for a refund, you'll have to request it directly from Google. To request a refund, follow these instructions from Google's support page. If you purchased a subscription or enabled free trial on our website: Subscriptions are managed by you. Please access your personal account on the Stripe Customer Portal to see your subscription purchases and manage your subscription - the link will be shared with you in our email when your subscription is activated. You may cancel your subscription purchased on our Website by contacting us via email: support@wiserapp.co or our “Contact Us” form available on the Website, or by clicking the cancellation link in the confirmation email you received after completing the payment process. To avoid being charged for your next billing period, cancel your subscription at least 24 hours before your next billing date. Subscription fees are non-refundable.

V. REFUNDS

Please note that, generally, all purchases are considered final and non-refundable. We do not offer refunds or credits for partially used periods, except as required by applicable laws in your jurisdiction and certain criteria established by our company: To qualify for a refund, customers must meet one of the following criteria:

Refund Requests Within 7 Days: To be eligible for a refund, customers must submit their request within 7 days of making their purchase directly through our website. All refund claims must be made before the end of the subscription period. Eligibility for a refund within this 7-day window will be determined based on product usage. We define active usage as reading or listening to 1 or more books through our product. Such active usage will make the purchase non-refundable. Conversely, customers who have engaged with 0 books may qualify for a refund, assuming their request is filed within the 7-day period following their purchase. Given the considerable server resources and associated costs of operating our service, purchases made by users who exceed the defined activity threshold (reading or listening to 1 or more books) will not be eligible for refunds.

Exceptions: Beyond 7 Days: Any refund requests made more than 7 days after the purchase date are non-refundable. Active Usage: Due to the significant server resources and costs associated with running the AI models that power our service, purchases by actively engaged users (as defined above) are non-refundable.

General Conditions: Payments are non-refundable and/or non-exchangeable if the conditions of this Refund Policy are not met. Additionally, should an alternative refund option (e.g., a free trial) be offered at checkout, it will supersede this Refund Policy, and customers opting for that alternative will not be eligible for refunds hereunder.

VI. CHARGEBACKS/DISPUTES

If, at any time, you initiate a chargeback or otherwise reverse any payment of applicable subscription fees in your account, we may disable or terminate your account immediately at our sole discretion for the breach of your payment obligations hereunder. We reserve the right to dispute any chargeback received, including by providing the relevant financial institution with any information proving that the payment in question was authorized by the user responsible for such chargeback.

VII. CHANGES TO THIS REFUND POLICY

We reserve the right to modify, terminate, or otherwise amend our offered subscription plans at any time. We will give you reasonable notice of any such changes by posting them on or through the App and/or by sending you an email notification, or in other prominent ways. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect. Please make a screenshot of this information for your reference. This may help you to control your subscriptions.

17. Contact

For notices or questions regarding the Services, contact us at: support@wiserapp.co.

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.