Terms of Service
&
Privacy Policy
OUR DISCLOSURES:
Our complete terms are contained below, but some important points for you to know before you become a customer are set out below:
Once your Artwork has been created and delivered to you, all Intellectual Property Rights subsisting in that specific Artwork is transferred to you and you may use your Artwork for personal or commercial purposes. However, we provide no warranties that you will be able to trade mark or claim copyright ownership of our Artwork or that any trade mark application or copyright claim will not infringe on any third party Intellectual Property Rights;
Unless your Membership is suspended or terminated in accordance with these Terms, your Membership will roll over on an ongoing basis;
Membership Fair-use Policy – we have certain generation limits installed in the app to prevent abuse. Once you hit this limit, you will receive a notification and an email and will need to purchase an additional subscription to continue generating art. The current limits are equivalent to 1700 Suno generations, 500 DallE-3 generations and 2500 ChatGpt 4o requests:
We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted. Where we do so, we will refund you using the original payment method used for the order;
We may need to change the Membership Fees from time to time. If we change the Membership Fees, we will provide you with 30 days' notice of the change. After 30 days, we will apply the new Membership Fees to your Membership. If you do not agree with the new Membership Fees, you may cancel your Membership in accordance with these terms;
Our liability under these terms is limited to the Price paid by you for the Artworks and/or service the subject of the relevant claim, and we will not be liable for consequential loss;
We will have no liability for loss of, or damage to, the Artworks, any injury or loss to any person, failure or delay in providing the Artworks or a breach of any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or act or omission of you or your related parties;
We may amend these Terms, the features of the Site or your Membership at any time, by providing written notice to you;
You indemnify us from and against any liability that we may suffer arising from a claim that the content you submit to the Site infringes, misappropriates, or violates a third party's rights (clause 3(e)); and
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site.
Nothing in these terms limit your rights under the UK Consumer Law.
Introduction
Welcome to W1zrd Apps (Wau, Gonzo and others) where you can create and purchase artworks generated by Artificial Intelligence (AI) systems (Artwork).
This website (Site) is operated by W1zrd ltd (we, our or us). These terms of service (Terms) are between us and you, the person using the Site or the person registered with us as an Account holder.
Acceptance and Site Licence
You accept these Terms by clicking “I accept” when registering on the Site, placing an order via the Site or using the Site.
If you are less than 16 years old, you must use the Site with a parent or guardian. The parent or legal guardian must review and accept these Terms on behalf of the minor. We are not responsible for any use of the Site by minors in violation of these Terms or without appropriate parental consent and supervision.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
User Content, Prohibited Conduct and Community Standards
You may be permitted to post, upload, publish, submit or transmit relevant information and content (including creating Artworks) (User Content) on the Site.
You may also train a customised image-generation model on your own dataset (Model Fine Tuning).
When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using the Site to defame, harass, threaten, menace or offend any person;
using the Site for unlawful purposes;
using the Site to submit material or create User Content that is Prohibited Content or infringes on the Community Standards outlined on our Site;
when using the 'Model Fine Tuning' feature, to submit material or create User Content from the state of Illinois, United States of America, or including a natural person residing in the state of Illinois;
interfering with any user of the Site;
tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
using the Site to send unsolicited electronic messages;
manipulating or misrepresenting community interaction metrics (such as 'votes') through unauthorised or improper means, including but not limited to alternate account creation or robots;
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
facilitating or assisting a third party to do any of the above acts.
Prohibited Content means material comments, interactions, images or User Content (whether or not the content is tagged with our NSFW Filter) which is considered to include the following:
content that is abusive, pornographic, deceptive, obscene, slanderous, defamatory, offensive, violent, hate speech or otherwise inappropriate as determined by us;
content that is homophobic, transphobic, racist or otherwise discriminatory;
content that promotes bullying, personal attacks, harassment or doxing;
content subject to copyright that is used without the express permission of the owner of the content
content that violates or encroaches on the rights of others, including but not limited to Intellectual Property Rights or privacy rights;
content that contains spam, viruses, worms, corrupt files, any corrupt code, Trojan horses or anything else that can cause a security breach and damage;
content that incites, baits or advocates illegal activity or argument or violates any law; or
content that includes non-constructive criticism or creates a hostile or unwelcoming environment; or
content that harms or advocates harm against anyone, including gore.
You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:
you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms);
you will not use the Site to submit material or create User Content that is Prohibited Content; and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation (for the avoidance of doubt, this includes where using the Model Fine Tuning feature to submit User Content that includes a natural person residing in the state of Illinois, United States of America).
To the maximum extent permitted by law, subject to your rights until UK Consumer Law, you indemnify us from and against any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with any breach of clause 3(e).
You may not impersonate another user, person or entity, or provide any false or misleading information about your identity or affiliations on the Site. This includes using an Account to pretend to be someone else or multiple people. Additionally, you are prohibited from creating more than one Account, or creating additional Accounts after your previous Account was suspended or terminated. We reserve the right to suspend or terminate any and all Accounts you have created in violation of these Terms.
Harassment and Threats Towards Us
Any harassment, abuse, threats, or coercive behaviour directed at our staff, moderators, or other personnel is strictly prohibited. This includes but is not limited to threats of violence, sexual harassment, stalking, posting private information, or attempting to intimidate or pressure staff members.
If you engage in such behaviour, we reserve the right to immediately suspend or terminate your Account and access to the Site at our sole discretion. In cases of severe harassment, threats, or if we have a reasonable belief you may be at risk of self-harm, we may also report the incident to the appropriate authorities to ensure the safety of our staff and yourself.
Moderators and Violations
We do not endorse or approve, and are not responsible for, any User Content. We have the right but not the obligation to appoint community moderators or automoderators (Moderators) from time to time to ensure that all User Content meets these Terms.
If you breach or we suspect you may be in breach of these Terms, we or our Moderators may, at any time (at our sole discretion):
delete any User Content;
suspend or terminate your Account (and any associated or linked Accounts), along with all User Content associated with that account;
suspend or permanently ban your access to the Site;
suspend, remove or block your access to any associated online communities operated by us, including but not limited to our Discord channel and Facebook group (Online Communities); and/or
disclose the prohibited User Content to appropriate government authorities.
We have the right, but not the obligation, to overturn any action or decision of a Moderator if we (at our sole discretion), believe that such action or decision is not in the interest of W1zrd Apps (Wau, Gonzo and others). We are not responsible for decisions or actions taken by the Moderators. If you disagree with a Moderator's decision, you may contact us via email.
You, or our Moderators, may also tag any User Content using our Not Safe for Work filter (NSFW Filter). Any User Content tagged with our NSFW Filter will only be visible to users who have opted in to view User Content that has been tagged using the NSFW Filter. User Content that is tagged with the NSFW Filter may still be removed at our, or our Moderators', sole discretion.
Effect of Termination: If we (or our Moderators) suspend or terminate your Account due to a violation of these Terms:
you will not receive any refund for any Membership Fees paid;
you will lose access to your User Content, Artworks and any other information uploaded to the Site; and
you must not create a new Account or attempt to access any Online Communities, unless you receive our written permission.
If you encounter any User Content on the Site that you believe violates these Terms, including Prohibited Content, you may report it to us via email or the "Report" function provided. We will review any reported User Content and take appropriate action, including potentially removing such content, at our sole discretion and in accordance with these Terms.
Accounts
You may create or purchase Artworks from us without an account or you may choose to create an account with us (Account) which allows you to review your order history, save your Artworks, and access credits necessary to create Artworks (Credits). You may also register for an account using your Facebook or other social media network account (Social Media Account). If you sign in to your account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
W1zrd Apps (Wau, Gonzo and others) Services
We agree to provide you with access to the Site, the support services as detailed in this section, and any other services we agree to provide as set out in your Account, including but not limited to the creation of any Artwork and the purchase of an Artwork.
You may use our Site with or without an Account or Membership to create Artworks or browse and view the Site, however, the number of Artworks you create is limited to your number of Credits.
We agree to use our best endeavours to make the Site available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Site may be unavailable during the times we are performing such maintenance.
Should you be unable to access the Site, or should you have any other questions or issues impacting on your use and enjoyment of the Site, you must place a request via the 'Feedback / Support' page or by emailing support@w1zrd.co.uk We will endeavour to respond to any support requests in a reasonable period.
Our Site creates Artworks using AI systems. You acknowledge and agree that we do not control or have any input over the final Artwork that is created by you or delivered to you.
We reserve the right to amend, add or remove any AI methods or systems on the Site at our sole discretion.
You acknowledge and agree that the Site may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage and computing providers, CRM systems, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Site due to a failure of the Third Party Services.
You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Site, you agree to maintain a backup copy of any data you input into the Site.
To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Site to be unavailable.
Membership
If you choose to sign up for a Membership, once you have created an Account and chosen a Membership, you agree to pay the membership fee set out on the Site (Membership Fees) by the date specified on the Site (Payment Date) to access certain features (such as additional Credits) on the Site and benefit from your Membership.
Unless your Membership is suspended or terminated in accordance with these Terms, or you opt to bring the Payment Date forward to access additional Credits, your Membership will roll over on an ongoing monthly basis, and the Membership Fee will be automatically debited on the Payment Date set out on the Site. Without limiting your rights under the UK Consumer Law, you can cancel your Membership at any time in accordance with the “Cancellation of Memberships” clause of these Terms but the cancellation will only have effect from expiry of the monthly period for which you have paid the Membership Fees.
You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).
Changes to your Membership: If you wish to suspend or change your Membership (for example, by upgrading to a different Membership tier), refer to the 'Change Your Account' section on the Site.
To the extent permitted by law, the Membership Fees are non-refundable once paid.
We may need to change what is available as part of your Membership (for example, removing certain inclusions, or features) from time to time. If we change what is available as part of your Membership, we will provide you with 14 days' notice of the change. After 14 days, we will apply the changes to your Membership. If the changes substantially and adversely affect your enjoyment of the Membership, you may cancel your Membership in accordance with the 'Cancellation of Memberships' clause.
We may need to change the Membership Fees from time to time. If we change the Membership Fees, we will provide you with 30 days' notice of the change. After 30 days, we will apply the updated Membership Fee to your Membership. If the updated Membership Fee is not acceptable to you, you may cancel your Membership in accordance with the 'Cancellation of Memberships' clause.
In the event that we determine you have violated these Terms, we reserve the right to terminate or suspend your Account. In most cases, we will provide you with a warning or temporary suspension before terminating your Account. During any warning or suspension period, you are solely responsible for downloading or retrieving any User Content, Artworks, data or other information associated with your Account that you wish to retain. We reserve the right to immediately terminate your Account if we have already provided you with a warning or temporary suspension or for continued violations of these Terms and we may permanently delete your Account and all associated data, User Content and Artworks. However, in cases of severe violations, including but not limited to illegal activities, posting of Prohibited Content, threats of violence, exploitation of minors, or repeated violations after previous warnings, we reserve the right to immediately terminate your Account without any prior warning or suspension period. You acknowledge that whether after a warning or suspension period for continued violations, or immediate termination for severe casess, we have no obligation to retain or provide you with any of your User Content, Artworks, data or Account information. We will not be liable for any loss of your User Content, Artworks or data that results from the termination of your Account in accordance with these Terms.
Orders
You may order physical Artworks or pay-as-you-go credit packs (Products)from us as set out on the Site. If you place an order for a Product on our Site, you are making an order to purchase the Product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of the Product to you in accordance with these Terms.
It is your responsibility to check the order details, which may include selected Artworks, delivery details and pricing, before you submit your order through the Site.
When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the physical Artworks you order (for example for an event beyond our reasonable control or if the Artwork includes Prohibited Content) or if Artworks ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the physical Artworks will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the physical Artworks are available.
Our third party service providers may contact and assist you on our behalf in relation to your order process under this clause.
Price and payments
You must pay us the Membership Fee and/or the purchase price of each physical Artwork you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in US dollars and any applicable taxes may apply.
You must pay the Price upfront using one of the methods set out on the Site.
You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, Paddle.com, Shopify or PayPal. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method is subject to additional terms and conditions as detailed below.
Despite anything to the contrary, our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all of our orders. Paddle may handle some billing-related customer service enquiries and returns. Your relationship with Paddle is governed by the following Terms and Conditions https://paddle.com/legal/checkout-buyer-terms and Privacy Policy https://paddle.com/legal/privacy as amended from time to time.
We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
Depending on where you order the physical Artworks for delivery, you may need to pay custom charges or taxes in addition to the Price.
We may from time-to-time issue promotional discount codes for certain products on the Site.
To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
Delivery, title and risk
If possible, we will deliver the physical Artworks to the delivery address you provide when making your order. We deliver worldwide (unless our delivery company does not deliver to your area).
Delivery costs are set out on the Site and may be paid in addition to the Price.
We normally dispatch physical Artworks within a week of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
If you need to change the delivery day or delivery address, please notify us immediately in writing.
We deliver the physical Artworks using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the physical Artworks at your premises.
Title to the physical Artworks will remain with us until you have paid the Price in full for the Artworks. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the physical Artworks.
Risk in the physical Artworks will pass to you as soon as they are delivered to the delivery address you provided in your order.
Returns and UK Consumer Law
We do not accept returns for change of mind or other circumstances.
Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the UK Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the UK Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the UK Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
Where you return physical Artworks to us to seek an UK Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the physical Artworks to us.
Where your claim is a valid claim under the UK Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement physical Artwork or refund you the Price of the relevant Artwork. Please contact us for further information.
Limitations
You may have rights under the UK Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
Despite anything to the contrary, to the maximum extent permitted by law:
our maximum aggregate liability arising from or in connection with the Terms (including the Artworks and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price (as applicable) paid by you to us for the Artworks or services the subject of the relevant claim; and
we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
To the maximum extent permitted by law, we are not responsible for any personal mental, emotional, or psychological impacts experienced by you in connection with your use of the Site, including but not limited to distress or upset caused by your interactions, moderation actions, account suspensions or terminations, or any other events or circumstances related to the Site.
Intellectual property
Any and all Intellectual Property Rights subsisting in any materials developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site generated or created by us, but specifically excluding any Artwork generated by you using the Site) (Our Intellectual Property) will at all times vest, or remain vested, in us.
Any and all Intellectual Property Rights subsisting in any materials developed, adapted, modified or created by you (including in connection with the Terms, your use of the W1zrd Apps (Wau, Gonzo and others) Services and your Artwork) (Your Intellectual Property) will at all times vest, or remain vested, in you upon creation, and, to the extent necessary, we hereby assign to you such Intellectual Property Rights.
For the avoidance of doubt, once your Artwork has been created and delivered to you, all Intellectual Property Rights subsisting in that specific Artwork is transferred to you and you may use your Artwork for personal or commercial purposes.
You grant us a non-exclusive, irrevocable, royalty-free, worldwide, non-sublicensable (other than to our related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth)) and non-transferable right and licence, to use Your Intellectual Property for the purpose of performing our obligations or exercising our rights under this Agreement.
We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable and non-transferable right and licence, to use Our Intellectual Property that we provide to you solely for your use and enjoyment of the Site, as contemplated by this Agreement.
To the extent that ownership of Intellectual Property Rights in any Artwork does not automatically vest in you, we grant you a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, royalty-free and transferable right and licence to use the Artwork for the purposes reasonably contemplated by these Terms and for you to derive the benefits from the W1zrd Apps (Wau, Gonzo and others) Services.
You acknowledge and agree that in using your Artwork for commercial purposes, any of the User Content that you have provided does not violate any copyright, trademark or other proprietary right of a third party and you indemnify us for any loss or damage which arises due to any potential infringement of third party Intellectual Property Rights.
You may choose to you publish your products from the Fine-Tuning Model (Model). You acknowledge and agree that Intellectual Property Rights in any images generated by other users using your Model will vest in that user and will not be Your Intellectual Property. You must not, without our prior written consent:
copy, in whole or in part, any of Our Intellectual Property;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
breach any intellectual property rights connected with the Site or the Artworks, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
you do not assert that you are the owner of Our Intellectual Property;
unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
you comply with all other terms of these Terms.
Due to the evolving and developing nature of the law around AI created works, we provide no warranties and do not guarantee or represent:
that you will be able to claim copyright ownership of your Artwork in any jurisdiction, either our jurisdiction of Australia or the jurisdiction in which you reside, noting each jurisdiction will have different laws and regulations; or
that your Artwork will not infringe on any third party Intellectual Property Rights.
Content you upload
We encourage you to interact with the Site and with us on social media or on our Site! We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use , view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. We agree to only modify User Content to the extent reasonably required by us.
General
Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
Non Fungible Tokens (NFTs): In using your Artwork, including but not limited to the sale of your Artwork and the development of any NFT, you acknowledge and agree that:
the law and regulations surrounding AI created artwork is still evolving; and
we cannot guarantee that you will own the copyright to your Artwork even though we transfer ownership to you.
Definitions
Intellectual Property Rights means any intellectual, proprietary or other property rights in any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, for the duration of the rights in any part of the world, whether registrable or not.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions and notices, please contact us at:
W1zrd ltd
Privacy policy
W1zrd ltd (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us when providing our website (Services) or when otherwise interacting with you.
This Privacy Policy takes into account the requirements of the Privacy Act 1988 (Cth). In addition to the UK laws, individuals located in the European Union or European Economic Area (EU) may also have rights under the General Data Protection Regulation 2016/679 and individuals located in the United Kingdom (UK) may have rights under the General Data Protection Regulation (EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018) (together, the GDPR). Appendix 1 outlines the details of the additional rights of individuals located in the EU and UK as well as information on how we process the personal information of individuals located in the EU and UK.
THE INFORMATION WE COLLECT
Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
The types of personal information we may collect about you include:
· Identity Data including first name and last name.
· Contact Data including billing address, delivery address, email address and telephone numbers.
· Financial Data including bank account and payment card details (through third party payment processors such as PayPal and Shopify).
· Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.
· Technical and Usage Data including internet protocol (IP) address, your login data, your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour, information about your access and use of our website, including through the use of Internet cookies, your communications with our website, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.
· Profile Data including your username and password (including for W1zrd Apps (Wau, Gonzo and others) Lounge, our Discord forum), profile picture, purchases or orders you have made with us, designs you have created with us (prior to you deleting them), support requests you have made, content you post, send receive and share through our platform, information you have shared with our social media platforms, your interests, preferences, feedback and survey responses.
· Interaction Data including information you provide to us when you participate in any interactive features of our Services, including surveys, contests, promotions, activities or events.
· Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
· Professional Data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.
· Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. We do not actively collect any Sensitive Information about you, and unless otherwise permitted by law, we will not collect sensitive information about you without first obtaining your consent.
HOW WE COLLECT PERSONAL INFORMATION
We collect personal information in a variety of ways, including:
· Directly: We collect personal information which you directly provide to us, including when you register for an account, through the 'Feedback and Support' form on our website or when you request our assistance via email, or over the telephone.
· Indirectly: We may collect personal information which you indirectly provide to us while interacting with us, such as when you use our website, in emails, over the telephone, through our Discord or other forums and in your online enquiries.
· From third parties: We collect personal information from third parties, such as details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.
WHY WE COLLECT, HOLD, USE AND DISCLOSE PERSONAL INFORMATION
We have set out below, in a table format, a description of the purposes for which we plan to collect, hold, use and disclose your personal information.
Purpose of use / disclosure
Type of Personal Information
To provide our Services to you, including to dispatch and deliver our products to you.
· Identity Data
· Contact Data
· Profile Data
· Interaction Data
To contact and communicate with you about our Services including in response to any support requests you lodge with us or other enquiries you make with us.
· Identity Data
· Contact Data
· Profile Data
To contact and communicate with you about any enquiries you make with us via our website.
· Identity Data
· Contact Data
For internal record keeping, administrative, invoicing and billing purposes.
· Identity Data
· Contact Data
· Financial Data
· Transaction Data
For analytics including profiling on our website, market research and business development, including to operate and improve our Services, associated applications and associated social media platforms.
· Technical and usage Data
For advertising and marketing, including to send you promotional information about our products and experiences and information that we consider may be of interest to you.
· Identity Data
· Contact Data
· Technical and usage Data
· Profile Data
· Marketing and communications Data
To run promotions, competitions and/or offer additional benefits to you.
· Identity Data
· Contact Data
· Profile Data
· Interaction Data
· Marketing and communications Data
If you have applied for employment with us; to consider your employment application.
· Identity Data
· Contact Data
· Professional Data
To comply with our legal obligations or if otherwise required or authorised by law.
Public Information: Our Services allow users to discuss their AI art projects using a chat room function. Any information you post on the chat room function may become publicly available. While we strive to protect the Personal Information you provide to us, we cannot guarantee the security of the information you communicate to other users and you do so at your own risk. We recommend that you do not provide any Personal Information that you do not want made public in the chat room function.
OUR DISCLOSURES OF PERSONAL INFORMATION TO THIRD PARTIES
We may disclose personal information to:
· our employees, contractors and/or related entities;
· IT service providers, data storage, web-hosting and server providers such as Shopify and Discord;
· marketing or advertising providers;
· professional advisors, bankers, auditors, our insurers and insurance brokers;
· payment systems operators such as Shop Pay and PayWhirl;
· our existing or potential agents or business partners;
· sponsors or promoters of any promotions or competition we run;
· anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
· courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
· courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
· third parties to collect and process data, such as Google Analytics (To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time), Facebook Pixel or other relevant analytics businesses; and
· any other third parties as required or permitted by law, such as where we receive a subpoena.
Google Analytics: We have enabled Google Analytics Advertising Features including Remarketing Features, Advertising Reporting Features, Demographics and Interest Reports, Store Visits and Google Display Network Impression reporting. We and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together.
You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google's Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here. To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple's advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.
OVERSEAS DISCLOSURE
While we store personal information in Australia, where we disclose your personal information to the third parties listed above, these third parties may store, transfer or access personal information outside of Australia.
YOUR RIGHTS AND CONTROLLING YOUR PERSONAL INFORMATION
Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person's consent to provide the personal information to us.
Anonymity: Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.
Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.
Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint.
STORAGE AND SECURITY
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.
COOKIES
We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
LINKS TO OTHER WEBSITES
Our website may contain links to other party's websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
PERSONAL INFORMATION FROM SOCIAL NETWORK ACCOUNTS
If you connect your account with us to a social network account, such as Facebook or Google, we will collect your personal information from the social network. We will do this in accordance with the privacy settings you have chosen on that social network.
The personal information that we may receive includes your name, ID, user name, handle, profile picture, gender, age, language, list of friends or follows and any other personal information you choose to share.
We use the personal information we receive from the social network to create a profile for you on our website and as applicable, provide you with additional features.
If you agree, we may also use your personal information to give you updates on the social network which might interest you. We will not post to your social network without your permission.
Where we have accessed your personal information through your Facebook account, you have the right to request the deletion of personal information that we have been provided by Facebook. To submit a request for the deletion of personal information we acquired from Facebook, please send us an email at the address at the end of this Privacy Policy and specify in your request which personal information you would like deleted. If we deny your request for the deletion of personal information, we will explain why.
USE OF GOOGLE API SERVICES (THIS SECTION APPLIES TO PERSONAL INFORMATION ACCESSED THROUGH GOOGLE API SERVICES)
Our use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements (set out in the Google API Services User Data Policy).
We limit our use of the personal information that we collect to providing or improving our Services. We do not use the personal information for any other purposes.
We only transfer the personal information to others if it is necessary to provide or improve our Services or as necessary to comply with applicable law or as part of a merger, acquisition or sale of assets where we notify you of this.
We do not use or transfer the personal information for serving ads, including retargeting, personalised or interest based advertising.
These restrictions apply to the raw data we obtain from the restricted scopes and data that is aggregated, anonymised or derived from them.
We have policies and procedures in place setting out appropriate safeguards for protecting your personal information obtained with the Google APIs. We will also ensure that our employees, agents, contractors and successors comply with the Google API Services Data Policy.AMENDMENTS
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.
For any questions or notices, please contact us at:
W1zrd ltd
Email: support@w1zrd.co.uk
Last update: 23 November 2023
APPENDIX 1: ADDITIONAL RIGHTS AND INFORMATION FOR INDIVIDUALS LOCATED IN THE EU OR UK
Under the GDPR individuals located in the EU and the UK have extra rights which apply to their personal information. Personal information under the GDPR is often referred to as personal data and is defined as information relating to an identified or identifiable natural person (individual). This Appendix 1 sets out the additional rights we give to individuals located in the EU and UK, as well as information on how we process the personal information of individuals located in the EU and UK. Please read the Privacy Policy above and this Appendix carefully and contact us at the details at the end of the Privacy Policy if you have any questions.
What personal information is relevant?
This Appendix applies to the personal information set out in the Privacy Policy above. This includes any Sensitive Information also listed in the Privacy Policy above which is known as 'special categories of data' under the GDPR.
Purposes and legal bases for processing
We collect and process personal information about you only where we have legal bases for doing so under applicable laws. We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data. Please reach out to us if you need further details about the specific legal ground, we are relying on to process your personal information where more than one ground has been set out in the table below.
Purpose of use / disclosure
Type of Data
Legal Basis for processing
To provide our Services to you, including to dispatch and deliver our products to you.
· Identity Data
· Contact Data
· Profile Data
· Interaction Data
· Performance of a contract with you
To contact and communicate with you about our Services including in response to any support requests you lodge with us or other enquiries you make with us.
· Identity Data
· Contact Data
· Profile Data
· Performance of a contract with you
To contact and communicate with you about any enquiries you make with us via our website.
· Identity Data
· Contact Data
· Legitimate interests: to ensure we provide the best client experience we can offer by answering all of your questions.
For internal record keeping, administrative, invoicing and billing purposes.
· Identity Data
· Contact Data
· Financial Data
· Transaction Data
· Performance of a contract with you
· To comply with a legal obligation
· Legitimate interests: to recover debts due to us and for any other administrative points.
For analytics including profiling on our website, market research and business development, including to operate and improve our Services, associated applications and associated social media platforms.
· Technical and Usage Data
· Legitimate interests: to keep our website updated and relevant, to develop our business, improve our Services and to inform our marketing strategy
For advertising and marketing, including to send you promotional information about our products and experiences and information that we consider may be of interest to you.
· Identity Data
· Contact Data
· Technical and Usage Data
· Profile Data
· Marketing and Communications Data
· Legitimate interests: to develop our Services and grow our business
To run promotions, competitions and/or offer additional benefits to you.
· Identity Data
· Contact Data
· Profile Data
· Interaction Data
· Marketing and Communications Data
· Legitimate interests: to facilitate engagement with our business and grow our business
If you have applied for employment with us; to consider your employment application.
· Identity Data
· Contact Data
· Profile Data
· Interaction Data
· Marketing and Communications Data
· Legitimate interests: to consider your employment application
To comply with our legal obligations or if otherwise required or authorised by law.
· To comply with a legal obligation
If you have consented to our use of data about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your data because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using our services. Further information about your rights is available below.
Data Transfers
The countries to which we send data for the purposes listed above may be less comprehensive that is what is offered in the country in which you initially provided the information. Where we transfer your personal information outside of the country where you are based, we will perform those transfers using appropriate safeguards in accordance with the requirements of applicable data protection laws and we will protect the transferred personal information in accordance with this Privacy Policy and Appendix 1. This includes:
· only transferring your personal information to countries that have been deemed by applicable data protection laws to provide an adequate level of protection for personal information; or
· including standard contractual clauses in our agreements with third parties that are overseas.
Data Deletion
Please email support@w1zrd.co.uk with the subject Data Deletion from the email account attached to your W1zrd Apps (Wau, Gonzo and others) and we will initiate the deletion process to be completed in 14 working days.
Extra rights for EU and UK individuals
You may request details of the personal information that we hold about you and how we are process it (commonly known as a “data subject request”). You may also have a right in accordance with applicable data protection law to have your personal information rectified or deleted, to restrict our processing of that information, to object to decisions being made based on automated processing where the decision will produce a legal effect or a similarly significant effect on you, to stop unauthorised transfers of your personal information to a third party and, in some circumstances, to have personal information relating to you transferred to you or another organisation.
If you are not happy with how we are processing your personal information, you have the right to make a complaint at any time to the relevant Data Protection Authority based on where you live. We would, however, appreciate the chance to deal with your concerns before you approach the Data Protection Authority, so please contact us in the first instance using the details set out above in our Privacy Policy above.