Last Modified: 09 June 2025
This Terms of Service is a contract entered into by and between You (“you”, “your”) and SAVE ALL LTD. (“Gizmo,” “We,” “our” or “us”) and our affiliates, to the extent expressly stated. These terms and conditions (the “Terms of Service”) govern your access to and use of our website, https://www.gizmo.ai (our “Website”), our Gizmo mobile application (“App”), and any software, application, content, functionality, and services (collectively, the “Service(s)”) offered by Gizmo, whether as a guest or registered user (“User”).
Please read the Terms of Service carefully before you start to use or access our Services. By using our Services, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms of Service, you must not access or use our Services.
PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. EXCEPT AS SPECIFIED BELOW IN SECTION 19, UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE, ARBITRATION IS THE EXCLUSIVE VENUE FOR ANY AND ALL DISPUTES AND IS MANDATORY.
By accessing or using the Services you are agreeing to these Terms and in doing so, you represent and warrant to us that:
We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the Website. All changes are effective immediately when we post them. Gizmo may provide reasonable notice of any material changes, determined at our sole discretion, by e-mailing registered account holders at the e-mail associated with their Accounts. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms.
You understand that your continued use of the Services following the Effective Date, means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Services after the Effective Date.
Gizmo is an AI-powered learning tool designed to help students and educators create personalized gizmo AI flashcards and quizzes from diverse content formats like PDFs, YouTube videos, and notes.
You may register for a user account (“Account”) on the Website. In order to register an Account, you will be asked to provide your email address. You are responsible for maintaining the security and confidentiality of your Account information. You agree that you are solely responsible for any and all losses incurred by us or any other user or visitor to the Services due to someone else using your Account as a result of your failing to keep your account information secure and confidential. It is a condition of your use of the Services that all the information you provide on your Account will be correct, current, and complete.
You are responsible and liable for all uses of the Services resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Terms of Service. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of anyone authorized to access or use the Services on your behalf (“Authorized User(s)”), and any act or omission by an Authorized User that would constitute a breach of this Terms of Service if taken by you will be deemed a breach of this Terms of Service by you. You shall use reasonable efforts to make all Authorized Users aware of this Terms of Service's provisions as applicable to such Authorized User's use of the Services and shall cause Authorized Users to comply with such provisions.
You may use our Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
Additionally, you agree not to:
Any violation of these Terms of Service shall result in immediate Account termination without prior warning to you and without refund applied to your Account. Additionally, any violation of these restrictions may further subject you to liability for violation of Gizmo's intellectual property rights and further claims and damages. We may choose to suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, at our sole discretion, and without notice or liability of any kind. You agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate; and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
You may terminate these Terms of Service at any time and for any reason by deleting your Account and discontinuing your use of all Services. You may delete your Account by accessing your Account settings on the Website or by contacting us at: [email protected].
Your use of the Services may involve the transmission of your personal information to us. Our practices regarding the collection, use, disclosure, and protection of such personal information are governed according to our Privacy Notice. Please review our Privacy Notice before beginning to use our Services. By using our Services, you have also acknowledged and agreed to our Privacy Notice.
The Website or Services may contain links to third-party products or services, which may be posted by us, advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Our linking to Third-Party Content does not imply an endorsement or sponsorship of such Third-party Content, or the information, products or services offered on or through the Third-Party Content. We do not control or endorse, and are not responsible for, the actions or policies of third-party services, even if we reference them in our Services or communications. Third-Party Content is not under our control, and we are not responsible for any of their products or services. Your use of Third-Party Content is at your own risk, and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content. The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services, including your user contributions.
As a core function of the Services, Gizmo uses its own and/or third-party machine learning algorithms and artificial intelligence (together, “Generative AI”) to provide our Services. Generative AI processes and generates human-like text, enabling context-based responses and recommendations and enhancing user interactions, and study tools. Content which is generated by Generative AI (“Output”) may be based on the information you upload to the Services, including your User Content (“Input”). While Gizmo employs quality assurance of the Output, such as through the use of expert verification and community moderation, you should evaluate the accuracy and completeness of any Output as appropriate for your use case. Due to the nature of Generative AI, Output may not be unique across users and the Services may generate the same or similar Output for a third party. You hereby waive and release Gizmo and any of its users from any claim that another user's Output is the same as, or reproduces, any of Customer's Input.
By submitting any Input through the Services, you represent that you have obtained all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow us to use) such Input in connection with the Services. You represent and warrant that your submission of Input in connection with your use of the Services, including to generate Output, will not breach any law or any third party's terms and conditions associated with such Input.
The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Gizmo and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your User Content), including, without limitation, the exclusive right to create derivative works.
Gizmo's name, trademarks, logo and all related names, logos, product and service names, designs and slogans are trademarks of Gizmo or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We hereby permit you to use the Services for your personal, non-commercial use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Gizmo, and Gizmo may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Gizmo any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
"User Content" means any and all information, data and content that a User uploads, posts, inputs, or submits to, or uses in connection with the Services, including Input. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Terms of Service, and you are liable for any damages arising from a violation of the Terms of Service. Notwithstanding any other agreement you may have with Gizmo, your User Content and any Output is not confidential information and will not be treated as such by Gizmo. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Gizmo. Gizmo is not obligated to backup any User Content or Output, and your User Content and Output may not always be accessible. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
You represent and warrant that you have obtained all necessary rights, consents, authorizations and permissions to provide and use the User Content (including all intellectual property rights therein) in connection with your use of the Services and that Gizmo's use thereof as contemplated by these Terms will not infringe or violate (a) any third party intellectual property, publicity, privacy or other rights, or (b) any laws, including data privacy or protection laws in any jurisdiction. You agree not to provide any User Content in violation of any fiduciary duty, duty of confidentiality, or contractual obligation. You are solely responsible for any User Content and other information that you (or any of your Authorized Users) make available to Gizmo, whether or not through the Services. You shall notify Gizmo if you become aware that the Services are being used for any illegal or unauthorized purpose.
You own User Content and hereby grant (and you represent and warrant that you have the right to grant) to Gizmo and its affiliates an irrevocable, perpetual, nonexclusive, transferable, royalty-free and fully paid, worldwide, unrestricted license to use and reproduce your User Content and your Output to the extent reasonably necessary to provide and improve the Services. For the avoidance of doubt, Gizmo will not share, disclose or use source code contained in User Content for the benefit of any third-party except as necessary to maintain and improve the Services and to provide the Services to you.
You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. By posting User Content you represent and warrant that you own or otherwise control all of the rights to your User Content, including the rights necessary for you to provide, post, upload, input or submit the User Content and grant the license above to such User Content.
Gizmo respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any User Content deemed to have been posted or distributed in violation of any such laws. If you believe that your work has been copied on the Services in a way that constitutes copyright infringement under the Digital Millennium Copyright Act (the "Act"), please email us at: [email protected]. In your message, please provide notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on Website and/or the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
We offer some of our premium Services for a fee. If you choose to purchase applicable Services, we will collect payment information, such as credit card, billing address and other financial account information. In order to use these Services, users must provide account information for at least one valid Payment Method, such as your credit card information. For more information on how your personal information is used
You hereby authorize Gizmo as applicable, to run credit card authorizations on all credit cards provided by you and to charge your credit card, Apple Pay, and Google Wallet (or any other "Payment Method") for applicable fees, including taxes and service charges, and any other amounts owed under the Terms of Service. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party Users and service providers, such as Stripe, to process payments and manage your Payment Method information.
By providing Payment Method information through the Services and authorizing payments with the Payment Method, You represent, warrant, and covenant that: (a) You are legally authorized to provide such information; (b) You are legally authorized to make payments using the Payment Method(s); (c) if You are an employee or agent of a company or person that owns the Payment Method, that User is authorized by the company or person to use the Payment Method to make payments on the Website; and (d) such actions do not violate the terms and conditions applicable to User's use of such Payment Method(s) or applicable law. When a User authorizes a payment using a Payment Method via the Services, User represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method.
Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, Gizmo is not liable to any user if Gizmo does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Gizmo will make commercially reasonable efforts to work with any such affected users to resolve such transactions in a manner consistent with these Terms.
Subscription Terms Some of our Services available for purchase may be accessed on a monthly subscription basis ("Subscription") for a recurring fee ("Subscription Fee"). Depending on the Services you purchase, you will be granted the right to access the Services for a monthly or annual Subscription term ("Subscription Term"), beginning on the date you place your order on the Website. The Subscription Fee will be the price in effect at the time you submit your purchase and will be set out in your order confirmation email. Your Payment Method will be charged for the Subscription in accordance with these Terms.
Subscription Fee Changes Gizmo, in its sole discretion and at any time, may modify Subscription Fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Subscription Term. We will email Users prior to changing any Subscription Fees. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Automatic Renewal At the end of the initial Subscription Term, your Subscription will automatically renew at the same Subscription Fee for additional, successive one-month or one year (depending on your original Subscription Term) Subscription Term periods unless you or Gizmo cancel your Subscription before the end of the billing cycle.
Subscription Cancellations and Refunds Our refund policy is simple. If you believe you mistakenly signed up or renewed a paid Gizmo subscription, contact us at gizmo.ai/contact within 48 hours of renewal or initial Subscription and we'll refund you the full amount. If for some reason, you're unhappy with your Gizmo Subscription, please email us at gizmo.ai/contact and let us know. We want to make your experience studying on Gizmo the best it can be, so we would love to hear your feedback.
You may also, cancel renewal of an upcoming Subscription Term at any time prior to the start of that applicable Subscription Term period by accessing your Account settings through the User Portal on the Website. Subscription cancellations are effective for a future Subscription Term only. Upon cancellation, your current Subscription will remain active, and you will still have access to the Services until the end of the current Subscription Term.
Changes and Pricing. Gizmo may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Services. While we attempt to be as accurate as we can in our descriptions for the Services, we do not warrant that descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to change prices for the Services displayed on the Website or App at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new prices to the Website, App and/or upon making the customer aware of the pricing error.
For customers in the EU or UK If under applicable Law you have a time period to terminate your Services based on a right of withdrawal, or a cooling-off period, you may request to terminate the affected Services in accordance with applicable Law and, if applicable, receive a pro rata refund of any prepaid and unused charges. If the Services begin before any withdrawal or cooling-off period, or you fail to terminate your Services during the right of withdrawal or cooling-off period, then you acknowledge that you lose any termination rights under this Section. Nothing in this Section is intended to limit or exclude any of your rights that cannot be limited or excluded under applicable Law.
WE PROVIDE THE SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SERVICES, ANY CONTENT FROM THE WEBSITE, OR THE SERVER THAT MAKES THIS SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.
IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, INCLUDING ANY MOBILE APPLICATION, WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THE SERVICES. IN NO EVENT WILL GIZMO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GIZMO IN THE LAST TWELVE (12) MONTHS.
You agree to indemnify and hold Gizmo, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) any violation of these Terms of Service (including negligent or wrongful conduct) by you, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or (iv) your User Content. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless Gizmo and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Service herein.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY. Binding Arbitration and Class Action Waiver If You Live in the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days, upon receipt of a Notice of Dispute, to resolve it informally. If we can't, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator's decision will be final except for a limited right of review under the FAA. To the fullest extent permitted by law, class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren't allowed. Nor is combining individual proceedings without the consent of all parties.
Disputes Covered-Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us that in any way relates to or arises from your use or attempted use of the Site and all matters relating to or arising from this Agreement, including the validity and enforceability of this agreement to arbitrate, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors', our, or our licensors' intellectual property rights.
Send a Notice of Dispute Before Arbitration. If you have a dispute with Gizmo that our customer service representatives can't resolve and you wish to pursue arbitration, you must first notify us in writing at the following email address: [email protected], using the subject line "Notice of Dispute." Your notice of dispute must be individual to you and must include, as applicable, your name, the email address, and your residential address. The notice of dispute also must describe the dispute, explain the facts of the dispute as you understand them, and tell Gizmo what you want us to do to resolve the problem. This Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of a properly submitted individualized Notice of Dispute through the first date on which an arbitration may properly be filed under this Section.
Small Claims Court Option. Instead of sending a Notice of Dispute, either you or we may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court's requirements and remains an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business).
Arbitration Procedure. The AAA will conduct any arbitration under its Consumer Arbitration Rules. For more information, see www.adr.org or call 1-800-778-7879. This Agreement, including this Dispute Resolution clause, govern to the extent they conflict with any applicable AAA rules. To initiate an arbitration, submit the Demand for Arbitration form available at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf to the AAA and email a copy to [email protected]. The form must contain information that is specific to you and your claim. In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business). The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect non-parties.
The arbitrator rules on all arbitrability issues, including scope, validity and enforceability of this arbitration agreement, except that a court has exclusive authority: (i) to decide whether the parties have complied with the pre-arbitration requirements (including the individualized Notice of Dispute and Demand for Arbitration form); (ii) to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or on public injunctive relief in arbitration; and (iii) to enjoin an arbitration from proceeding if it does not comply with this Section.
Opting Out. You have the right to opt-out of this Dispute Resolution clause by personally signing and sending us notice by email to [email protected]. The notice must be sent within 30 days of the date on which you first accessed the Services after these terms were last updated (unless a longer period is required by applicable law); otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Dispute Resolution clause. If you opt-out of this Dispute Resolution clause, Gizmo also will not be bound by them.
Severability. If, after exhaustion of all appeals, any part of this Dispute Resolution clause is found to be unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any other part of this Dispute Resolution clause is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins).
These Terms of Service and any claim arising out of these Terms will be governed by and construed in accordance with the laws of England and Wales, excluding its conflicts of law principles, govern these Terms and your use of the Service.
After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.
You may not assign the Terms of Service, or any of its rights or obligations hereunder, without Gizmo's prior written consent in the form of a written instrument signed by a duly authorized representative of Gizmo. Gizmo may freely assign this Terms of Service without User's consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
No waiver by Gizmo of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Gizmo to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Our Services are hosted in the United States. Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and, if different, the country in which you reside.
In order to access or use the Website or Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Website or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to United States or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services and Website and your license to use the Services will be immediately revoked.
In connection with the Terms of Service, you may be entitled to receive certain records from Gizmo or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Services, you give us permission to provide these records to you electronically instead of in paper form.
This Terms of Service constitutes the sole and entire agreement between you and Gizmo and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Services.
For questions or concerns related to these Terms, please contact us at: [email protected]. Save All Ltd (Company No. 13489213) Longcroft House, 2-8 Victoria Avenue, London, United Kingdom, EC2M 4NS