Terms of Service

1. Introduction

1.1 Legal Identity and Ownership

This document (“Terms”, “Terms and Conditions”, or “Agreement”) governs the access and use of the WhizzIQ platform, a proprietary software-as-a-service (SaaS) product developed, managed, and operated by WhizzOnBy Ltd., a company incorporated in England and Wales under Company Number 16559681, with its registered office located at 124 City Road, London, EC1V 2NX, United Kingdom.

WhizzIQ (“the Platform”, “the Service”, “we”, “us”, or “our”) is a product of WhizzOnBy Ltd. and operates as a global technology solution providing business intelligence, analytics, automation, and strategic insights to users across multiple jurisdictions. The Platform may be accessed through web browsers, mobile applications, or other approved interfaces.

WhizzIQ is not a separate incorporated entity but an official product offering of WhizzOnBy Ltd. All intellectual property, trademarks, source code, and operational rights related to WhizzIQ are owned and controlled exclusively by WhizzOnBy Ltd., including registered trademark protection under the UK Intellectual Property Office covering Classes 9, 39, and 42 for software, transport, and SaaS-related activities.

1.2 Purpose of this Agreement

The purpose of this Agreement is to define the terms, obligations, and conditions under which WhizzOnBy Ltd. provides Users with access to the WhizzIQ Platform and its associated digital tools, APIs, and services. These Terms apply to all global users and cover:

Access and use of the WhizzIQ website, dashboard, and mobile applications;
Subscription, billing, and account management processes;
Data collection, storage, and processing practices under applicable privacy laws;
Ownership and permissible use of intellectual property;
Liability limitations and dispute resolution procedures.

By accessing or using WhizzIQ — including account creation, login, data input, subscription activation, or interaction with any feature — you acknowledge that you have read, understood, and agreed to these Terms and all incorporated policies.

If you disagree with these Terms, you must refrain from using the Platform or related services.

1.3 Scope of Applicability

These Terms apply globally and govern the use of WhizzIQ by all users irrespective of nationality or residence. This includes, but is not limited to, Users located in:

The United Kingdom,
The United States of America,
Canada,
Jamaica,
The European Union,
The Caribbean Community (CARICOM),
and other countries where WhizzOnBy Ltd. lawfully operates or provides digital access.

WhizzOnBy Ltd. conducts its operations in full compliance with international business, technology, and data protection frameworks. The company reserves the right to localize certain clauses to comply with national regulations applicable in a User’s jurisdiction (e.g., GDPR for EU users, UK Data Protection Act for UK users, and CCPA for U.S. users).

All contracts, disputes, and legal matters arising from these Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict-of-law principles. WhizzOnBy Ltd. retains the right to pursue enforcement or remedies in any jurisdiction where its rights or operations are affected.

1.3.1 Exclusive Jurisdiction

Any dispute, claim, or controversy arising out of or relating to this Agreement, including its interpretation, performance, or breach, shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Users irrevocably agree that such courts shall have exclusive jurisdiction to settle all disputes and waive any objection based on forum non conveniens or similar grounds.
Nothing in this clause shall limit WhizzOnBy Ltd.’s right to seek injunctive or equitable relief in any jurisdiction where its intellectual property or data rights are threatened or infringed.

1.4 User Agreement and Consent

By signing up for a WhizzIQ account, accessing the Platform, or using any of its functions, Users expressly agree to be bound by this Agreement and consent to WhizzOnBy Ltd.’s collection, processing, and transfer of data as described in the supporting policies listed below.

You also acknowledge that these Terms may be updated periodically, and continued use after such updates constitutes acceptance of the revised version. Users will be notified of substantive updates through electronic notice or account notification mechanisms.

If you are acting on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms and that “you” or “your” in this Agreement refers to both you individually and that entity.

1.5 Complementary Legal Policies

Your use of WhizzIQ is also governed by the following integral policies, all of which form part of this Agreement and must be read together with it:

Privacy Policy — Explains how WhizzOnBy Ltd. collects, stores, processes, and protects personal and business data, in compliance with UK GDPR, CCPA, and other international data protection standards.
Cookie Policy — Outlines the use of cookies, device identifiers, and analytics technologies used to enhance security, customization, and performance tracking across WhizzIQ’s interfaces.
Data Processing Agreement (DPA) — Defines WhizzOnBy Ltd.’s role as a Data Controller or Data Processor, depending on the data relationship with the User, and describes mutual obligations for lawful data handling.
Acceptable Use Policy — Establishes the rules governing permitted and prohibited behavior within WhizzIQ, including data integrity, security practices, and anti-fraud provisions.

By accepting these Terms, Users simultaneously acknowledge acceptance of these associated policies, each of which is enforceable under the same legal framework.

1.6 Commitment to International Compliance

WhizzOnBy Ltd. operates globally and aligns its practices with recognized international frameworks, including but not limited to:

UK Data Protection Act (2018)
EU General Data Protection Regulation (GDPR)
California Consumer Privacy Act (CCPA)
Caribbean Data Protection Framework (OECS / CARICOM)
OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data

WhizzOnBy Ltd. maintains active compliance with these standards by applying lawful data transfer mechanisms, encryption safeguards, and transparent disclosure of data handling processes.

The Platform’s infrastructure is designed with multi-region redundancy and secure hosting in globally recognized data centers to ensure cross-border compliance and uninterrupted service availability.

1.7 Limitation of Non-Exhaustiveness

These Terms represent the principal legal framework governing the relationship between WhizzOnBy Ltd. and its Users. They are intended to be comprehensive but not exhaustive. Additional terms, policies, or agreements may be issued to address country-specific regulations, service expansions, or integrations (e.g., API or enterprise licensing agreements). Such documents, when published, shall automatically become binding components of these Terms.

2. Definitions

2.1 General

For the purposes of this Agreement (“Terms”, “Terms and Conditions”, or “Agreement”), the following capitalised terms shall have the meanings set forth below. Any term not expressly defined herein shall be interpreted in accordance with its generally accepted meaning within international commercial and data protection law, unless the context otherwise requires.

All references to the singular include the plural and vice versa, and all references to gender include all genders. Section headings are included for convenience only and shall not affect the interpretation of this Agreement.

2.2 Parties and Roles

“WhizzOnBy Ltd.” refers to the company incorporated and registered in England and Wales (Company No. 16559681) with its registered office at 124 City Road, London, EC1V 2NX, United Kingdom. WhizzOnBy Ltd. is the legal owner, operator, and controller of the WhizzIQ Platform.

“WhizzIQ” or “the Platform” refers to the proprietary web-based and mobile software system, database architecture, APIs, and digital interfaces designed, developed, owned, and operated by WhizzOnBy Ltd. for global business management, analytics, and automation.

“User”, “Customer”, or “Subscriber” refers to any natural or legal person, entity, organisation, or representative thereof who creates an Account, subscribes to, accesses, or uses the WhizzIQ Platform or any of its Services, whether on a paid, trial, or promotional basis.

“You” or “Your” refers to the individual or entity accepting these Terms and, where applicable, includes employees, affiliates, contractors, and representatives who access the Platform on that entity’s behalf.

“We”, “Us”, or “Our” refers to WhizzOnBy Ltd., its affiliates, subsidiaries, and authorised representatives acting within the scope of their delegated authority.

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with WhizzOnBy Ltd. The term “control” refers to ownership of more than fifty percent (50%) of the voting equity, capital, or other ownership interest of such entity, or the ability to direct its management or policies through voting or contractual rights.

“Third-Party Service Provider” refers to any independent contractor, vendor, partner, or external organisation engaged by WhizzOnBy Ltd. to provide ancillary or integrated services within the WhizzIQ ecosystem, including but not limited to payment processors, hosting providers, analytics tools, and communication platforms.

2.3 Services and Access

“Services” refers collectively to all functions, features, software, interfaces, modules, analytics dashboards, applications, integrations, or data processing capabilities provided by WhizzOnBy Ltd. under the WhizzIQ brand.

This includes but is not limited to the web and mobile versions of the Platform, the WhizzIQ API, hosted databases, user dashboards, and all associated technologies and updates.

“Software” refers to all underlying source code, executable programs, design architecture, and user interfaces constituting the WhizzIQ Platform and its components, including all derivative works, modifications, or enhancements made by WhizzOnBy Ltd.

“Account” refers to the unique registration profile created by a User to access and use the WhizzIQ Platform. Each Account is linked to specific login credentials and is subject to WhizzOnBy Ltd.’s authentication and verification procedures.

“Subscription Plan” refers to the specific pricing tier, feature set, and duration selected by a User for access to the WhizzIQ Platform, as described on WhizzOnBy Ltd.’s official website or product documentation. Subscription Plans may include monthly, annual, enterprise, or custom agreements.

“Trial” refers to a temporary, limited-access version of the WhizzIQ Platform offered to prospective Users for evaluation purposes, subject to these Terms and any accompanying trial-specific conditions. WhizzOnBy Ltd. reserves the right to alter or terminate any Trial at its discretion.

2.4 Data and Content

“Data” refers to any information, record, file, document, metadata, or dataset inputted, uploaded, stored, generated, or transmitted through the WhizzIQ Platform, whether by Users or through system integrations. Data includes both personal data (as defined under applicable data protection laws) and non-personal business data.

“User Data” refers specifically to all data provided, uploaded, or otherwise made available to WhizzOnBy Ltd. by Users or their authorised representatives through their use of the Platform. User Data remains the property of the User, subject to the rights granted to WhizzOnBy Ltd. under this Agreement for operational, analytical, and maintenance purposes.

“System Data” refers to technical, aggregated, or statistical information automatically generated through the operation of the Platform (e.g., performance metrics, error logs, usage analytics). System Data is owned by WhizzOnBy Ltd. and may be used for improving system performance, troubleshooting, or research purposes, provided it does not identify Users personally.

“User Content” refers to any text, image, document, data entry, comment, upload, or file created, submitted, or shared by a User through the WhizzIQ Platform, including business records, reports, invoices, schedules, and other content.

“Confidential Information” refers to any non-public, proprietary, or sensitive information disclosed by either party (WhizzOnBy Ltd. or the User) in connection with the use or performance of the Services, whether in written, verbal, electronic, or any other form. Confidential Information includes, without limitation, trade secrets, financial information, business strategies, source code, customer lists, and operational data, but excludes information that:

is or becomes publicly available without breach of this Agreement;
was lawfully known to the recipient prior to disclosure;
is independently developed without reference to the disclosing party’s information; or
is required to be disclosed by law or competent authority.

2.5 Intellectual Property and Trademarks

“Intellectual Property” or “IP” includes all current and future worldwide rights under patent, copyright, trademark, design, trade secret, or other proprietary laws relating to the WhizzIQ Platform, the WhizzOnBy brand, and all associated logos, graphics, user interfaces, and software code.

“WhizzOnBy Trademark” refers to the registered mark UK00004228898 and any pending or future trademarks owned or filed by WhizzOnBy Ltd. in connection with its software, transport, and SaaS operations.

“WhizzIQ Trademark” refers to the mark identifying the Platform and associated services owned by WhizzOnBy Ltd., which may be registered or pending registration in the United Kingdom and other jurisdictions.

All Intellectual Property rights in and to the WhizzIQ Platform are and shall remain the exclusive property of WhizzOnBy Ltd. or its licensors. Users are granted only a limited, revocable, non-exclusive, non-transferable licence to use the Platform as expressly permitted under these Terms.

2.6 Relationships and Third Parties

“Affiliate Partner” refers to a third-party organisation, consultant, or reseller formally authorised by WhizzOnBy Ltd. to market, distribute, or integrate WhizzIQ Services.

“Integration Partner” refers to a third-party software or service provider whose system interacts with WhizzIQ through authorised APIs or embedded technologies.

“Third-Party Application” refers to any software, website, or digital platform not owned by WhizzOnBy Ltd. that interoperates or integrates with the WhizzIQ Platform, including payment processors, communication tools, or external data storage providers.

“Third-Party Content” refers to information, documents, graphics, or materials originating from third-party sources that may be accessible through the WhizzIQ Platform but remain the property of those third parties.

WhizzOnBy Ltd. bears no responsibility or liability for any Third-Party Application or Content unless expressly stated otherwise in a separate written agreement.

2.7 Legal and Procedural Terms

“Effective Date” refers to the date on which the User first accesses or uses the WhizzIQ Platform or otherwise indicates acceptance of these Terms.

“Force Majeure Event” refers to any act, event, or circumstance beyond the reasonable control of WhizzOnBy Ltd., including but not limited to acts of God, natural disasters, pandemics, labour disputes, cyberattacks, or governmental restrictions that materially affect the provision of Services.

“Applicable Law” refers to all laws, regulations, directives, treaties, and rules that apply to WhizzOnBy Ltd. and its Users, including but not limited to the laws of England and Wales, the UK Data Protection Act 2018, and other relevant local or international legal frameworks.

“Notice” refers to any formal communication or notification made by either party pursuant to this Agreement, which may be transmitted electronically, by registered mail, or through the User’s WhizzIQ account interface.

2.8 Interpretation

All terms defined herein shall retain their assigned meanings throughout this Agreement, whether used in singular or plural form, and regardless of capitalization. In case of ambiguity or conflict between definitions, the interpretation most consistent with protecting WhizzOnBy Ltd.’s lawful rights and the intent of the Agreement shall prevail.

3. Eligibility and Account Registration

3.1 Eligibility to Use the Platform

Access to and use of the WhizzIQ Platform is open only to individuals and entities that meet the eligibility criteria set out in this section.

Minimum Age Requirement
Users must be at least eighteen (18) years of age or the age of legal majority in their jurisdiction of residence, whichever is higher. Individuals under this age may not register for or use the WhizzIQ Platform unless they are doing so on behalf of a registered business entity with the express written authorisation of that entity’s authorised representative.
Legal Capacity and Authority
By creating an Account or accessing the Services, each User represents and warrants that they have full legal capacity and authority to enter into binding contracts under the laws of their country of residence and under the laws of England and Wales, which govern this Agreement.
If the Account is being registered on behalf of a business, company, partnership, government agency, non-profit, or other organisation, the person creating the Account affirms that they are an authorised signatory or duly empowered representative with authority to bind that organisation to these Terms.
Business Entities and Organisational Use
Corporate Users must provide accurate and verifiable business information at registration, including legal name, registered address, jurisdiction of incorporation, and tax or registration numbers where applicable. WhizzOnBy Ltd. reserves the right to verify the existence, ownership, or authorisation of any business entity before or after granting access to WhizzIQ.
WhizzOnBy Ltd. may deny or restrict access if a User or entity is found to be subject to sanctions, insolvency proceedings, or legal prohibitions in any relevant jurisdiction.
International Access and Restrictions
WhizzIQ is available to Users worldwide, including but not limited to the United Kingdom, the United States of America, Canada, Jamaica, the European Union, and other international territories where WhizzOnBy Ltd. lawfully operates.
Users accessing the Platform from jurisdictions with restrictions on digital services, encryption, or data transfer must ensure that such use is compliant with their local laws. WhizzOnBy Ltd. assumes no liability for use of the Services in violation of applicable export-control or data-sovereignty laws.

3.2 Account Creation and Registration Information

Registration Data and Accuracy
To access the Services, Users must create an Account by providing complete, accurate, and current information as requested during the registration process. Required information may include, without limitation, full legal name, email address, telephone number, business name, billing address, and payment details.
Users agree to promptly update such information to ensure accuracy at all times. WhizzOnBy Ltd. shall not be liable for any loss, delay, or disruption resulting from the submission of inaccurate, incomplete, or outdated data.
Verification of Identity
WhizzOnBy Ltd. reserves the right to implement Know-Your-Customer (KYC) and anti-fraud verification procedures before activating an Account. This may include requesting government-issued identification, business registration certificates, proof of address, or other documentation reasonably required to validate identity or prevent misuse.
Refusal of Registration
WhizzOnBy Ltd. may, in its absolute discretion, decline to register or activate any Account without obligation to disclose its reasons. Typical grounds for refusal include prior breaches of these Terms, suspected fraudulent activity, or association with prohibited jurisdictions or activities.

3.3 Account Credentials and Security

Responsibility for Credentials
Each User is solely responsible for maintaining the confidentiality, security, and integrity of their login credentials, including usernames, passwords, authentication codes, or API keys issued by WhizzOnBy Ltd.
Non-Transferability
User credentials are personal or organisational identifiers and may not be shared, transferred, leased, or sublicensed to any other person or entity without written consent from WhizzOnBy Ltd.
Any unauthorised access or use of an Account shall be deemed the responsibility of the registered Account Holder, regardless of whether the access was actually authorised.
Security Obligations
Users must implement reasonable security measures to protect access to their Account, including use of strong passwords and multi-factor authentication where available. Users must immediately notify WhizzOnBy Ltd. of any known or suspected unauthorised access, security breach, or compromise.
WhizzOnBy Ltd. may suspend access pending investigation and shall not be responsible for any loss or damage resulting from a User’s failure to safeguard credentials.

3.4 User Responsibilities and Representations

By registering an Account, Users expressly agree that they shall:

Use the Platform only for lawful business or professional purposes consistent with these Terms and all applicable laws;
Provide and maintain truthful, accurate, and complete registration information at all times;
Not impersonate any other person or entity, misrepresent affiliation, or conceal identity;
Not use automated scripts, bots, or crawlers to access or interfere with the Platform;
Not attempt to breach or bypass authentication mechanisms, security controls, or rate-limiting systems; and
Promptly report to WhizzOnBy Ltd. any suspicious activity, unauthorised access, or misuse of the Platform.

3.5 Right to Suspend or Terminate Accounts

WhizzOnBy Ltd. retains the unconditional right, at its sole discretion, to suspend, restrict, or permanently terminate any Account or access to the Platform where:

The User has provided false, misleading, or incomplete information at registration or thereafter;
The Account is used in a manner that breaches these Terms, applicable law, or third-party rights;
Unauthorised access, hacking, fraud, data tampering, or similar activity is detected or reasonably suspected;
Continued access poses a risk to the security, reputation, or operation of the WhizzIQ Platform;
The User fails to pay applicable fees or violates subscription or billing terms; or
The User engages in conduct that is abusive, defamatory, threatening, or harmful to WhizzOnBy Ltd., its employees, partners, or other Users.

WhizzOnBy Ltd. may, at its discretion, issue prior notice or allow a cure period before suspension or termination; however, it is not obliged to do so where immediate action is necessary to protect the Platform or comply with law enforcement requirements.
Upon termination, WhizzOnBy Ltd. may delete or restrict access to all related data in accordance with its Data Retention and Deletion Policy. Termination shall not affect any rights or obligations accrued prior to the effective termination date.

3.6 Limitation of WhizzOnBy’s Liability for User Misconduct

Users acknowledge that WhizzOnBy Ltd. is not responsible for verifying the identity or business status of Users beyond reasonable verification steps and is not liable for any damages arising from fraudulent or unauthorised Account creation.
Users remain solely responsible for all activities conducted through their Account, whether by themselves, employees, agents, contractors, or unauthorised third parties who gain access through their negligence.

3.7 International Compliance

Users are solely responsible for ensuring that their registration and continued use of the WhizzIQ Platform comply with all applicable laws, regulations, and data-protection requirements in their jurisdiction, including but not limited to export-control restrictions, financial compliance obligations, and professional licensing rules.
WhizzOnBy Ltd. expressly disclaims all liability for any non-compliant or unlawful use by Users outside the United Kingdom.

4. Description of Services (Revised for Dedicated Hosting Infrastructure)

4.1 Overview

WhizzIQ is a proprietary business management and analytics platform developed and operated by WhizzOnBy Ltd., a company incorporated under the laws of England and Wales.
The Platform delivers integrated business management functionality — including customer relationship management, analytics, invoicing, scheduling, inventory tracking, and reporting — within a unified interface accessible via web and mobile applications.

WhizzIQ is provided as a Software-as-a-Service (SaaS) solution hosted on dedicated, high-security servers managed by WhizzOnBy Ltd. and its authorised hosting partners.
All user data, files, and associated analytics are processed and stored in accordance with WhizzOnBy Ltd.’s data protection policies and applicable international regulations.

The platform architecture is designed for reliability, scalability, and data integrity, ensuring users have continuous and secure access to their operational tools with minimal downtime or performance degradation.

4.2 Core Services

The WhizzIQ Platform includes, but is not limited to, the following modules and capabilities:

Customer Management: Storage and tracking of client data, communication logs, and transactional history.
Analytics and Reporting: Interactive dashboards offering insights on sales performance, operations, and financial metrics.
Invoicing and Financial Tools: Invoice generation, expense tracking, revenue analysis, and cost calculation features.
Scheduling and Appointments: Integrated calendar management, automated appointment reminders, and client booking tools.
AI Insights: Machine learning–driven summaries, business forecasts, and decision-support indicators powered by proprietary algorithms.
Inventory Management: Stock monitoring, cost-per-item calculations, and real-time balance updates suitable for service-based and retail operations.

Depending on the selected plan, Users may access additional integrations, premium analytics, or custom workflow automation tools as described on the official WhizzIQ website.

4.3 Data Storage and Processing (Revised for AWS Cloud Hosting)

WhizzIQ operates securely on Amazon Web Services (AWS), a globally trusted cloud infrastructure provider certified under ISO/IEC 27001, SOC 2 Type II, and other internationally recognised standards.
AWS provides scalable, redundant, and regionally distributed environments that ensure data resilience, high availability, and compliance with global privacy laws.

Cloud Hosting and Isolation:
All customer data is stored in AWS-managed environments, with logical segregation of each tenant’s data to prevent unauthorised access.
WhizzOnBy Ltd. maintains full administrative control over its AWS infrastructure and ensures that sub-processors operate under equivalent contractual and technical safeguards.

Data Security and Encryption:
All data transmitted between Users and the WhizzIQ servers is encrypted in transit using TLS 1.3 and encrypted at rest using AES-256.
AWS data centers incorporate multi-layered security, including network firewalls, intrusion detection, and continuous monitoring.
Access to production systems is strictly limited to authorised personnel bound by confidentiality and security protocols.

Data Processing Compliance:
WhizzOnBy Ltd. acts as a Data Processor for user-generated data and as a Data Controller for account and administrative data.
Processing complies with applicable laws including the UK GDPR, EU GDPR, CCPA, and Jamaican Data Protection Act 2020.
AWS serves as a sub-processor bound by Data Processing Agreements (DPAs) and Standard Contractual Clauses (SCCs) for cross-border transfers.

No Third-Party Data Sale or Unauthorised Sharing:
WhizzOnBy Ltd. does not sell, rent, or disclose User Data for marketing or unrelated commercial purposes.
Data is used solely for the provision and improvement of WhizzIQ, security maintenance, and compliance with legal obligations.

4.4 Subscription and Access

Access to WhizzIQ is provided through subscription-based plans (“Plans”) as outlined on the official website.

Each Plan defines permitted usage levels, data storage capacity, and available features.
Users may upgrade, downgrade, or cancel their subscription according to the billing and renewal terms applicable at the time of purchase.

WhizzOnBy Ltd. reserves the right to modify plan features or pricing upon reasonable notice.
Promotional or free-trial access may be provided at WhizzOnBy Ltd.’s sole discretion and may be withdrawn at any time without prior notice.

4.5 Version Updates and Product Evolution

WhizzOnBy Ltd. is committed to continuous platform improvement and maintaining compliance with evolving technological and regulatory standards.

Users acknowledge and agree that:

Software updates, security patches, and feature enhancements may be deployed automatically without prior notice;
Certain modules may be updated, restructured, or discontinued to improve performance or meet compliance obligations;
Core business and financial management functionalities will remain materially consistent; and
Users are responsible for ensuring their devices and browsers remain compatible with the latest WhizzIQ updates.

Version updates may impact integrations, performance, or data formatting. Continued use of WhizzIQ constitutes acceptance of such updates and improvements.

4.6 Service Availability

WhizzIQ’s dedicated hosting infrastructure is designed to deliver high availability, targeting a minimum uptime of 99.5% (excluding scheduled maintenance).

Maintenance windows and major updates are communicated in advance where feasible.
WhizzOnBy Ltd. shall not be liable for downtime or service interruptions resulting from:

Scheduled maintenance or security upgrades;
Internet or telecommunications provider failures;
Force majeure events beyond WhizzOnBy Ltd.’s control; or
Actions or omissions by the User or unauthorised third parties.

4.7 Disclaimer of Warranties

All services are provided “as is” and “as available.”
WhizzOnBy Ltd. makes no warranty regarding uninterrupted operation, full error-free performance, or compatibility with all devices, browsers, or operating systems.

Users are advised to maintain independent backups of essential business data.
WhizzOnBy Ltd. shall not be held responsible for:

Data loss caused by hardware failure, software conflicts, or unauthorised modifications; or
Performance degradation arising from User-side configurations or third-party tools.

5. Subscription, Billing and Payments

5.1 Overview

Access to the WhizzIQ Platform is provided under a single paid subscription plan (the “WhizzIQ Plan”) operated by WhizzOnBy Ltd. The Plan grants full access to all standard WhizzIQ features, including CRM, analytics, invoicing, scheduling, goal-tracking, and related business-management modules.
Unless otherwise stated in a valid written agreement, the current fee for the WhizzIQ Plan is USD 49.99 per month. WhizzOnBy Ltd. may offer limited promotional pricing or discount codes from time to time, each governed by its own conditions.

5.2 Pricing and Adjustments

All fees are denominated in United States Dollars (USD) unless another currency is expressly supported at checkout. Equivalent pricing may be displayed in GBP, EUR, JMD or other currencies for convenience only.
WhizzOnBy Ltd. reserves the right, in its sole discretion, to:

revise the subscription price;
introduce new tiers or bundled features; and
modify or discontinue promotional offers.
Price changes will become effective no earlier than thirty (30) days after written or electronic notice to existing subscribers. Continued use of the Platform after the effective date constitutes acceptance of the revised pricing.

5.3 Billing Cycle and Automatic Renewal

Subscriptions are billed on a recurring monthly basis beginning on the date of the initial payment (“Billing Date”). Each month thereafter, fees will be automatically charged using the most recent authorised payment method until the subscription is cancelled.
Invoices are issued electronically and deemed accepted unless disputed in writing within seven (7) days of receipt. Failure to maintain valid payment credentials may result in immediate suspension or termination of service.

5.4 Accepted Payment Methods

Payments may be processed through one or more authorised third-party providers, including but not limited to:

Stripe – card and wallet payments;
Airwallex – multi-currency and cross-border transactions;
Flutterwave – regional processing for supported African and Caribbean markets.

By submitting payment details, Users authorise WhizzOnBy Ltd. and its payment partners to debit recurring charges, applicable taxes, and any optional add-on fees. WhizzOnBy Ltd. does not store complete card data on its own servers.

5.5 Taxes and Currency Conversion

Fees are exclusive of all taxes, levies, duties, and governmental assessments (including VAT, GST, sales or withholding taxes) unless expressly stated otherwise. Users are solely responsible for payment of all such amounts.
Where payment is made in a non-USD currency, the conversion rate and any foreign-exchange or transaction fee applied by the payment processor will be borne entirely by the User.

5.6 Promotions and Discounts

From time to time WhizzOnBy Ltd. may issue promotional codes or limited-time offers. Unless otherwise specified:

discounts apply only to the first billing cycle;
they cannot be combined or transferred; and
upon expiry the subscription automatically renews at the prevailing standard rate.
WhizzOnBy Ltd. may withdraw or modify any promotion without prior notice.

5.7 Refunds and Credits

All payments are final and non-refundable except where required by applicable law or expressly approved in writing by WhizzOnBy Ltd.
Refunds are not provided for partial months, unused services, or downgrades within a billing period. Where an error or duplicate charge is verified, WhizzOnBy Ltd. may, at its sole discretion, issue a credit to the User’s account for application to future invoices. Trial periods, if offered, must be cancelled before expiration to avoid automatic conversion to a paid subscription.

5.8 Cancellation and Termination

Users may cancel their subscription at any time through the account portal or by written notice to admin@whizzonby.com. Cancellation becomes effective at the end of the current billing cycle. No partial-month refunds are provided.
WhizzOnBy Ltd. reserves the right to terminate or suspend access for non-payment, breach of these Terms, or fraudulent activity. Upon termination, WhizzOnBy Ltd. may delete associated account data following the retention period set forth in the Privacy Policy.

5.9 Non-Payment and Chargebacks

If a payment attempt fails or a chargeback is initiated, WhizzOnBy Ltd. may immediately suspend service without liability. Unresolved balances may accrue late fees and collection costs as permitted by law.

5.10 Modifications to Billing Terms

WhizzOnBy Ltd. may update its billing methods, supported currencies, or payment processors at any time to reflect business, regulatory, or operational needs. Such modifications will be communicated through the Platform or via email and will become binding upon continued use.

5.11 Acknowledgement

By purchasing a subscription, the User acknowledges that:

the subscription is recurring until cancelled;
charges will be made automatically to the authorised payment method;
prices may change with prior notice; and
no entitlement to refund exists beyond the limited cases described above.

6. Use of the Platform

6.1 Authorised Use and Access Rights

WhizzOnBy Ltd. grants Users a limited, non-exclusive, non-transferable, and revocable licence to access and use WhizzIQ (the “Platform”) in accordance with these Terms and applicable law.
Access is permitted solely for lawful, professional, and internal business purposes consistent with the intended use of the Platform.
No ownership or intellectual-property rights are transferred to the User. All rights not expressly granted under this Agreement are reserved by WhizzOnBy Ltd.

Users must ensure that their access credentials, devices, and network connections meet the technical requirements specified by WhizzOnBy Ltd. to maintain security, compatibility, and functionality.

6.2 Prohibited Conduct

Users are strictly prohibited from engaging in, authorising, or attempting any of the following activities:

6.2.1 Platform Tampering and Misuse

Copying, duplicating, reproducing, translating, modifying, decompiling, reverse-engineering, disassembling, or otherwise attempting to derive the source code or underlying structure of the Platform.
Circumventing, disabling, or breaching any authentication, encryption, or security mechanisms.
Interfering with or disrupting the integrity or performance of the Platform, including introducing viruses, malware, or malicious code.
Gaining unauthorised access to other users’ accounts, systems, or data.

6.2.2 Unauthorised Commercial Use

Reselling, leasing, sublicensing, renting, or otherwise redistributing access to the Platform.
Using the Platform to provide services to third parties in a manner that competes with WhizzOnBy Ltd. or misrepresents ownership.
Framing, mirroring, or replicating any portion of the Platform for external display without written authorisation.

6.2.3 Data Scraping and Harvesting

Engaging in data scraping, crawling, indexing, data mining, or any form of automated data extraction.
Using automated scripts, bots, or third-party tools to monitor, collect, or export data from the Platform.
Accessing or attempting to access APIs or data endpoints beyond the scope explicitly permitted under an active subscription.

6.2.4 Unlawful, Unethical, or Inappropriate Use

Uploading, posting, or transmitting content that is defamatory, obscene, fraudulent, abusive, discriminatory, or otherwise unlawful.
Using the Platform to stalk, harass, threaten, or exploit individuals.
Transmitting or storing materials that infringe upon third-party intellectual property or violate privacy rights.
Using the Platform in connection with gambling, phishing, hate speech, or disinformation campaigns.

6.2.5 Misuse of WhizzOnBy’s Brand and Infrastructure

Using the name “WhizzIQ,” “WhizzOnBy,” or associated logos, marks, or trademarks in any manner likely to mislead, suggest affiliation, or harm reputation.
Attempting to probe, scan, or test the vulnerability of the Platform or any connected system without explicit written consent.
Deploying the Platform for benchmarking, performance testing, or publication of comparisons without prior authorisation.

6.3 Usage Limits and Fair Use Policy

WhizzOnBy Ltd. may impose and enforce reasonable operational limits to ensure stability, security, and equitable service distribution. These may include, but are not limited to:

Storage capacity limits per account;
Restrictions on concurrent sessions or active devices;
Maximum API calls or data exports per hour/day;
Traffic throttling or bandwidth controls to prevent abuse; and
Limits on report generation or automated queries.

WhizzOnBy Ltd. reserves the right to monitor and analyse usage patterns. Accounts that exceed normal or acceptable thresholds may be temporarily restricted, suspended, or upgraded at the User’s expense.

6.4 Use of Artificial Intelligence and Automation Tools

WhizzIQ includes AI-driven features that analyse, summarise, or predict business outcomes. Users agree and acknowledge that:

Purpose and Limitations:
AI outputs are generated algorithmically for informational purposes only. They are not guaranteed to be accurate, complete, or suitable for legal, medical, or financial decision-making.
Ethical Use:
Users must not use AI features to generate, train, or disseminate unlawful, harmful, or discriminatory content.
Data Responsibility:
Users must ensure that any data submitted for AI processing complies with privacy, intellectual-property, and consent requirements.
Prohibited AI Exploitation:
Users must not extract, replicate, or use WhizzIQ’s AI models or outputs for the purpose of developing competing systems, reverse-engineering algorithms, or misrepresenting generated results as human-authored.
Disclaimer:
WhizzOnBy Ltd. disclaims liability for reliance on AI results and reserves the right to review or limit AI access where use is inconsistent with ethical or legal standards.

6.5 User-Generated Data and Legal Responsibility

Users are solely responsible for all information, files, text, images, or data entered, uploaded, imported, or otherwise processed through the Platform (“User Data”).
By submitting User Data, Users represent and warrant that:

They have obtained all necessary consents, licences, and authorisations to store and process such data;
The data does not violate any applicable law, regulation, or third-party rights; and
The data is accurate, current, and complete to the best of their knowledge.

WhizzOnBy Ltd. acts as a data processor or controller depending on context, as defined in applicable data-protection legislation. WhizzOnBy Ltd. does not assume liability for the accuracy, integrity, or legality of User Data.

6.6 Team Accounts, Multi-User Access, and Accountability

Where an account allows multiple users or team members to access shared features, the primary account holder (“Account Owner”) bears full responsibility for:

Authorising and managing user access and permissions;
Ensuring compliance by all affiliated users with these Terms;
Monitoring activity under the account; and
Maintaining security of shared credentials and authentication tokens.

All actions undertaken by any individual under an organisation’s account are deemed to have been authorised by the Account Owner.
WhizzOnBy Ltd. may hold the Account Owner legally and financially responsible for all activities and obligations arising under the account.

6.7 Data Security and User Obligations

Users must maintain the confidentiality of all login credentials, two-factor codes, and related access tokens.
Users agree to:

Immediately notify WhizzOnBy Ltd. of any unauthorised access or suspected security breach;
Regularly update passwords and enable available security settings; and
Not share credentials across multiple unauthorised users.

WhizzOnBy Ltd. is not liable for losses arising from misuse, negligence, or failure to secure access credentials.

6.8 Monitoring, Enforcement, and Legal Action

WhizzOnBy Ltd. reserves the right to:

Audit user activity and data flows for compliance and security;
Investigate potential or reported violations;
Suspend or terminate any account involved in prohibited activity;
Remove or disable access to unlawful, fraudulent, or non-compliant content; and
Preserve or disclose account information as required by law or regulatory authorities.

WhizzOnBy Ltd. may report suspected illegal conduct to law enforcement or regulatory bodies. Users acknowledge that WhizzOnBy Ltd. bears no liability for enforcement actions taken in good faith under this clause.

6.9 Indemnification for Misuse

Users agree to defend, indemnify, and hold harmless WhizzOnBy Ltd., its officers, employees, affiliates, and partners against any and all claims, damages, liabilities, losses, or expenses (including reasonable legal fees) arising out of:

misuse of the Platform or AI features;
submission of unlawful, false, or infringing data;
breach of these Terms; or
actions of employees, contractors, or affiliates operating under the User’s account.

This indemnity survives termination of the User’s account and remains enforceable under applicable law.

6.10 Acknowledgement of Risk

Users acknowledge that digital services are subject to inherent security risks and technological limitations.
While WhizzOnBy Ltd. implements industry-standard safeguards, no system is completely immune from breach or interruption.
By continuing to use the Platform, Users accept these risks and waive claims arising from temporary unavailability, loss of data, or external security incidents beyond WhizzOnBy Ltd.’s reasonable control.

6.11 Continuous Compliance Updates

WhizzOnBy Ltd. reserves the right to update or amend this Use Policy periodically to reflect technological, legal, or regulatory changes.
Such amendments become effective upon publication on the WhizzIQ website or notification through the Platform.
Continued use constitutes acceptance of the updated version.

7. Data Ownership and Content

7.1 Definitions

For the purposes of this Section 7 and the Agreement as a whole:

“Customer Data” means all data, files, text, images, or other material submitted, uploaded, stored, or otherwise transmitted to or through the Platform by or on behalf of the User, its affiliates, employees, clients, or authorised agents.
“Account Data” means billing details, contact information, configuration preferences, and administrative credentials used to maintain a subscription.
“Diagnostic Data” means system logs, usage statistics, and performance metrics collected automatically to ensure functionality, stability, and security.
“Derived Data” means data or insights generated by WhizzIQ through aggregation, anonymisation, or analytics performed on Customer Data.
“Feedback” means any suggestion, idea, recommendation, feature request, or enhancement notice voluntarily provided by a User.

Unless otherwise stated, Customer Data, Account Data, and Diagnostic Data are collectively referred to as “User Data.”

7.2 Ownership of Data

All title, ownership, and intellectual-property rights in and to User Data shall remain solely with the User or its licensor.
WhizzOnBy Ltd. and its affiliates acquire no ownership interest in any User Data.
Use of the Platform does not transfer, assign, or convey any rights other than those expressly granted herein.

Users represent and warrant that they have obtained all necessary authorisations, consents, and licences to lawfully process and upload User Data to the Platform and that such submission does not infringe or violate any third-party rights, privacy obligations, or applicable laws.

7.3 Licence to Process and Deliver Services

By uploading or transmitting User Data, Users grant WhizzOnBy Ltd. and its affiliates a worldwide, non-exclusive, royalty-free, revocable licence to:

host, store, copy, display, and transmit User Data as required to provide the Services;
back-up, cache, or replicate data for redundancy, disaster recovery, or load-balancing;
perform maintenance, updates, testing, and troubleshooting;
enforce security and fraud-prevention measures; and
comply with legal or regulatory obligations.

This licence is limited strictly to the duration and purpose of the subscription and terminates automatically upon verified deletion of the User Data under Section 7.10.

7.4 Use of Aggregated, Pseudonymised, and Derived Data

WhizzOnBy Ltd. may collect and use aggregated, pseudonymised, or anonymised data derived from User interactions with the Platform for legitimate business purposes, including but not limited to:

improving algorithms, analytics accuracy, and system performance;
training and validating WhizzIQ’s proprietary AI models;
developing new features, metrics, and benchmarking tools;
monitoring trends, capacity, and reliability; and
enhancing security and detecting abuse.

Such data shall not include personally identifiable information (PII) or any identifiers capable of re-identifying an individual or entity, and it shall be processed in strict accordance with applicable data-protection legislation.
WhizzOnBy Ltd. retains sole ownership of all intellectual-property rights in any Derived Data or analytical models created from such processing.

7.5 Feedback and Improvements

Users acknowledge that WhizzOnBy Ltd. may freely use and incorporate any Feedback without obligation or restriction.
By submitting Feedback, the User grants WhizzOnBy Ltd. a perpetual, irrevocable, worldwide, royalty-free licence to reproduce, adapt, publish, or otherwise exploit such Feedback for any purpose related to the improvement or promotion of the Services.
Feedback shall not be considered confidential or proprietary information of the User.

7.6 Retention, Retrieval, and Deletion of Data

Retention Window: Upon termination, suspension, or expiry of a subscription, WhizzOnBy Ltd. shall retain Customer Data in an inactive but recoverable state for a period not exceeding 60 days, unless a longer period is required by law or expressly requested in writing.
Data Export: During this window, the Account Owner may request a full export of Customer Data in a commonly used, machine-readable format (e.g., CSV, XLSX, JSON). Verification of authority may be required.
Permanent Deletion: After the retention window, WhizzOnBy Ltd. shall irreversibly delete or anonymise all Customer Data from active and backup systems within 90 days, except where retention is required for accounting, legal, or audit obligations.
Verification: Deletion actions are logged and verifiable upon written request. WhizzOnBy Ltd. may provide a certificate of deletion upon completion.

7.7 Legal Hold and Regulatory Preservation

If WhizzOnBy Ltd. is required by law, regulation, or court order to preserve certain data, deletion may be suspended until the relevant obligation ceases.
Users will be notified of such holds where legally permissible.
During any legal-hold period, WhizzOnBy Ltd. shall isolate the affected data and restrict access to authorised personnel only.

7.8 Cross-Border Data Transfers

The Services may be provided using global infrastructure hosted in jurisdictions other than the User’s country of residence.
WhizzOnBy Ltd. ensures that all transfers of personal data outside the United Kingdom, European Economic Area, or other regulated jurisdictions are governed by lawful mechanisms, including but not limited to:

UK International Data Transfer Addendum;
EU Standard Contractual Clauses (SCCs);
participation in or reliance on an adequacy decision or Data Privacy Framework; or
any successor legal instruments approved by competent authorities.

All sub-processors engaged by WhizzOnBy Ltd. must implement equivalent safeguards and may process data only under documented instructions.

7.9 Third-Party Processors and Sub-Processors

WhizzOnBy Ltd. may engage reputable third parties to provide hosting, analytics, payment processing, or technical support.
Such sub-processors are bound by written agreements imposing confidentiality, data-minimisation, and security obligations consistent with this Agreement.
WhizzOnBy Ltd. remains fully responsible for the performance of its sub-processors.
A current list of material sub-processors is published in the WhizzIQ Privacy Policy and updated as necessary.

7.10 Security and Breach Notification

WhizzOnBy Ltd. shall implement industry-standard technical and organisational measures to protect User Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access.
In the event of a confirmed personal-data breach, WhizzOnBy Ltd. shall:

notify affected Users without undue delay and, where required, within 72 hours of becoming aware of the breach;
provide sufficient detail to describe the nature, impact, and remedial measures; and
co-operate with Users to meet any regulatory-reporting obligations.

Users are responsible for maintaining appropriate security of their own devices, networks, and access credentials.

7.11 Prohibition on Data Sale or Unauthorised Access

WhizzOnBy Ltd. does not sell, rent, lease, or otherwise monetise User Data.
Access to User Data is restricted to personnel or sub-processors with a legitimate business need, each subject to confidentiality undertakings and disciplinary sanctions for violation.

7.12 Audit, Verification, and Transparency

WhizzOnBy Ltd. maintains records of all material data-processing activities and performs regular internal and external audits for compliance with ISO 27001, SOC 2 Type II, or equivalent standards.
Upon reasonable written request and under a confidentiality undertaking, Users may review summary audit reports or certification attestations confirming WhizzOnBy Ltd.’s adherence to these controls.

7.13 Data Accuracy, Responsibility, and Backup

Users are solely responsible for the accuracy, quality, legality, and reliability of all User Data.
WhizzOnBy Ltd. shall not be liable for inaccuracies, corruption, or loss of data resulting from User negligence, unauthorised integrations, or failure to maintain adequate backups.
Users are encouraged to keep independent copies of critical business data exported from the Platform.

7.14 Indemnity

The User agrees to indemnify, defend, and hold harmless WhizzOnBy Ltd., its officers, directors, employees, affiliates, and sub-processors from and against any and all losses, liabilities, damages, costs, or expenses (including reasonable legal fees) arising from:

any claim alleging that the processing or submission of User Data infringes the rights of a third party or violates applicable law; or
any breach of this Section 7 by the User or its authorised representatives.

This indemnity shall survive termination of the Agreement.

7.15 Survival of Rights and Obligations

The provisions of this Section 7—including ownership, confidentiality, indemnity, and liability limitations—shall survive termination or expiry of the Agreement for as long as WhizzOnBy Ltd. retains any User Data or Derived Data, or as long as necessary to satisfy ongoing legal obligations.

7.16 Acknowledgement and Consent

By creating an account or using the Platform, Users acknowledge and expressly consent to:

the processing and hosting of their data as described herein and in the WhizzIQ Privacy Policy;
WhizzOnBy Ltd.’s limited licence to process and store data solely for service provision;
the lawful use of anonymised and aggregated data for analytics, performance improvement, and benchmarking; and
the possibility of cross-border processing under recognised international safeguards.

Continued use of the Platform constitutes acceptance of these terms.

7.17 Entire Agreement on Data

This Section 7 constitutes the complete and exclusive statement of the parties’ rights and obligations relating to data ownership, use, and processing under the Agreement and supersedes any prior representations or communications regarding such matters.

8. Privacy and Data Protection

8.1 General Commitment

WhizzOnBy Ltd., a company incorporated in the United Kingdom and operating the WhizzIQ platform (“WhizzIQ”, “we”, “our”, or “us”), is committed to protecting the privacy, confidentiality, integrity, and security of all information entrusted to us by Users worldwide.

This Section outlines our data-protection obligations and references the WhizzIQ Privacy Policy and Data Processing Agreement (DPA), which collectively govern the collection, use, storage, processing, and transfer of personal data through the WhizzIQ platform.

By creating an account or using WhizzIQ, Users acknowledge and consent to the practices described in this Section, the Privacy Policy, and the DPA

8.2 Applicable Privacy Laws

WhizzOnBy Ltd. processes personal data in accordance with all applicable data-protection and privacy legislation in jurisdictions where we operate, including but not limited to:

the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018;
the European Union General Data Protection Regulation (EU GDPR);
the California Consumer Privacy Act (CCPA) and its successor, the California Privacy Rights Act (CPRA);
the Jamaican Data Protection Act 2020; and
any other comparable privacy frameworks applicable in jurisdictions where WhizzIQ provides its services or where data subjects are located.

Where these laws differ, WhizzOnBy Ltd. will apply the most protective standard available to the User.

8.3 Data Processing Principles

WhizzOnBy Ltd. adheres to the following core principles in processing personal data:

Lawfulness, Fairness, and Transparency: Data is collected and processed only for legitimate business purposes with clear notice to the User.
Purpose Limitation: Personal data is used strictly for the provision, operation, and improvement of WhizzIQ services.
Data Minimisation: Only the minimum data necessary to deliver the intended functionality is collected.
Accuracy: Reasonable steps are taken to ensure all personal data remains current and correct.
Storage Limitation: Data is retained only for as long as necessary to fulfil contractual or legal obligations.
Integrity and Confidentiality: Personal data is processed securely using appropriate technical and organisational measures.
Accountability: WhizzOnBy Ltd. maintains records of processing activities and periodically audits compliance with data-protection laws.

8.4 Categories of Data Processed

Depending on the nature of the User’s interaction with the Platform, WhizzIQ may collect and process:

Account Data: User credentials, contact details, and company identifiers for account management.
Transactional Data: Records of subscriptions, billing information, and payment details (processed via PCI DSS–compliant third-party processors such as Stripe, Airwallex, or Flutterwave).
Usage Data: Device identifiers, IP addresses, login metadata, and session logs for performance optimisation and security monitoring.
Customer Content: Any data voluntarily entered, uploaded, or transmitted through the Platform by the User or its authorised team members.
Support Data: Information provided when Users request assistance or contact customer support.

WhizzOnBy Ltd. does not collect sensitive categories of data (such as health, biometric, or political information) unless expressly required by the User’s business workflow and subject to explicit consent.

8.5 Legal Basis for Processing

WhizzOnBy Ltd. processes personal data only where one or more of the following legal bases apply:

Contractual Necessity: To perform obligations under the User Agreement or Subscription Plan.
Legitimate Interest: To enhance security, improve features, prevent fraud, and ensure platform reliability, balanced against the User’s privacy rights.
Consent: Where Users voluntarily opt in for specific processing activities, such as marketing or data analytics beyond service delivery.
Legal Obligation: To comply with statutory duties, court orders, or regulatory directives.
Vital Interests: Where necessary to protect an individual’s life, safety, or legal rights.

8.6 Data Storage and Transfer

Storage Location: User data may be stored on servers located in the United Kingdom, the European Union, North America, or other regions where WhizzOnBy Ltd. or its authorised sub-processors maintain secure data centres.
Cross-Border Transfers: Transfers of personal data outside the User’s jurisdiction shall occur under recognised safeguards such as:
- the UK International Data Transfer Addendum,
- EU Standard Contractual Clauses (SCCs),
- Adequacy Decisions approved by the European Commission or UK ICO, or
- equivalent lawful transfer mechanisms under regional legislation.
Third-Party Processors: All sub-processors are contractually required to maintain confidentiality, implement industry-standard security controls, and process data only as instructed by WhizzOnBy Ltd.
Global Compliance: WhizzOnBy Ltd. continuously reviews its international processing arrangements to ensure alignment with emerging privacy frameworks such as the APPI (Japan), LGPD (Brazil), and PIPEDA (Canada).

8.7 Security of Processing

WhizzOnBy Ltd. employs robust administrative, technical, and physical safeguards to protect User Data, including but not limited to:

Encryption: All personal and transactional data is encrypted in transit (TLS 1.2 or higher) and at rest (AES-256 or equivalent).
Access Controls: Role-based access management, multi-factor authentication, and least-privilege principles govern internal data access.
Network Security: Firewalls, intrusion detection/prevention systems (IDS/IPS), and continuous monitoring.
Audit Logging: Comprehensive system activity logs retained for audit and compliance verification.
Data Segregation: Logical separation of customer environments to prevent unauthorised cross-access.
Vulnerability Management: Regular penetration testing and security assessments by independent auditors.
Incident Response: A documented plan for identifying, reporting, and remediating data breaches consistent with global regulatory timelines.

WhizzOnBy Ltd. is committed to maintaining compliance with recognised standards such as ISO/IEC 27001, SOC 2 Type II, and NIST 800-53 controls.

8.8 Rights of Data Subjects

WhizzOnBy Ltd. recognises and upholds the rights of individuals whose data it processes, including but not limited to:

Right of Access: Obtain confirmation of whether personal data is being processed and request a copy of such data.
Right to Rectification: Request correction of inaccurate or incomplete data.
Right to Erasure (“Right to be Forgotten”): Request deletion of personal data where retention is no longer justified.
Right to Restriction: Request limitation of processing under specific legal grounds.
Right to Data Portability: Obtain data in a structured, commonly used format for transfer to another service provider.
Right to Object: Object to processing based on legitimate interests or direct marketing.
Right to Withdraw Consent: Withdraw consent at any time without affecting prior lawful processing.

Requests to exercise these rights must be made in writing to admin@whizzonby.com, and WhizzOnBy Ltd. shall respond within the timeframes prescribed by applicable law.

8.9 Data Subject Complaints and Escalation Procedure

Users who wish to exercise their data protection rights, raise a concern, or lodge a complaint regarding the collection, processing, or handling of their personal data by WhizzOnBy Ltd. may contact the Data Protection Officer (“DPO”) via admin@whizzonby.com.

WhizzOnBy Ltd. shall acknowledge all complaints within ten (10) business days and aim to provide a substantive response within thirty (30) business days.

If the User remains unsatisfied with the outcome, they have the right to escalate the matter to the Information Commissioner’s Office (ICO) in the United Kingdom or the relevant supervisory authority in their jurisdiction, such as the Office of the Information Commissioner (Jamaica).

WhizzOnBy Ltd. shall cooperate fully with any lawful investigations or directions issued by the relevant data-protection authority.

8.10 Data Retention and Disposal

WhizzOnBy Ltd. retains personal data only for as long as necessary to fulfil contractual, operational, and legal purposes.
When retention is no longer required, data is securely deleted or irreversibly anonymised using certified erasure protocols.
Retention periods vary depending on data type and statutory obligations, as detailed in the WhizzIQ Privacy Policy.

8.11 Data Breach Notification

In the event of a confirmed personal-data breach, WhizzOnBy Ltd. shall:

notify affected Users and relevant supervisory authorities without undue delay, and no later than 72 hours after becoming aware of the breach (where required by law);
provide details of the incident, likely consequences, and remedial measures; and
co-operate fully with regulatory bodies and affected Users to mitigate any potential harm.

WhizzOnBy Ltd. shall not be liable for security incidents caused by factors beyond its reasonable control, including User negligence, compromised credentials, or third-party network failures.

8.12 International Compliance and Lawful Basis Alignment

Where WhizzOnBy Ltd. acts as a data controller, it determines the purposes and means of processing in accordance with lawful bases set out in this Section.
Where WhizzOnBy Ltd. acts as a data processor on behalf of a User (e.g., where the User manages client data within WhizzIQ), processing shall be governed by the Data Processing Agreement (DPA) executed between the parties.

WhizzOnBy Ltd. maintains written records of all processing activities, as required by Articles 30 and 32 of the GDPR, and ensures that all international processing complies with equivalent safeguards and accountability standards.

8.13 Updates to Privacy and Data Protection Terms

WhizzOnBy Ltd. reserves the right to modify this Section, the Privacy Policy, or the DPA to reflect changes in legislation, best practices, or technical architecture.
Material changes will be communicated in advance through the Platform or via email. Continued use of the Services after such notice constitutes acceptance of the revised terms.

8.14 Liability Limitation

Except as required by applicable law, WhizzOnBy Ltd. shall not be liable for indirect, incidental, consequential, or punitive damages arising out of or related to the processing of User Data, including data loss, unauthorised disclosure, or corruption, provided that WhizzOnBy Ltd. has maintained reasonable security and compliance measures as defined herein.

8.15 Governing Law and Supervisory Authority

This Section shall be governed by and construed in accordance with the laws of England and Wales, without prejudice to mandatory protections afforded under other applicable data-protection laws.
For Users within the European Union, the lead supervisory authority shall be the UK Information Commissioner’s Office (ICO), unless otherwise mandated by regional jurisdiction.

9. AI & Automation Features

9.1 Purpose and Scope

WhizzIQ includes optional artificial intelligence (“AI”) and automation functionalities designed to enhance User experience, generate insights, and improve workflow efficiency. These features may include, but are not limited to: predictive analytics, summarisation, automated reporting, trend detection, task recommendations, and workflow triggers.

The AI and automation modules are provided solely as productivity and informational tools to assist Users in decision-making.
They do not replace professional judgment, nor do they constitute financial, legal, medical, investment, or business advice.

9.2 Nature of AI Outputs

Advisory Only: All AI-generated outputs, insights, or recommendations are suggestions based on statistical modelling, natural-language processing, and algorithmic pattern recognition. They should be independently reviewed and validated by the User before being relied upon for any decision or transaction.
No Professional Advice: WhizzIQ’s AI features are not intended to provide advice that would otherwise require a qualified professional licence or regulatory approval. Users remain fully responsible for verifying any output before acting upon it.
User Responsibility: WhizzOnBy Ltd. shall not be held liable for any errors, omissions, or consequences arising from reliance on AI outputs. The User assumes all responsibility for evaluating and applying such information to their specific context.

9.3 Accuracy and Limitations

WhizzOnBy Ltd. employs reasonable technical and operational measures to ensure the performance of its AI systems; however, the User acknowledges and agrees that:

AI models operate on probabilistic and statistical inference, which may produce incomplete, outdated, or inaccurate results;
AI recommendations may be influenced by the quality, quantity, and timeliness of the underlying User Data;
WhizzIQ’s AI components may not account for all external variables, human judgment, or jurisdictional differences in regulation; and
WhizzOnBy Ltd. does not guarantee that AI outputs will meet User expectations or achieve specific outcomes.

WhizzOnBy Ltd. disclaims any express or implied warranty regarding the accuracy, reliability, fitness, or completeness of AI-generated outputs.

9.4 Learning and Model Improvement

WhizzIQ’s AI systems may improve over time through machine learning and algorithmic refinement.
To support this, WhizzOnBy Ltd. may use aggregated, anonymised, or pseudonymised data derived from User interactions to:

refine predictive models and automation rules;
enhance language processing accuracy;
detect errors, bias, or abuse; and
develop new AI-based capabilities.

Such data will never include personally identifiable information (PII), confidential business content, or proprietary material that could identify an individual User or entity.
All AI learning activities are performed in accordance with the WhizzIQ Privacy Policy, Data Processing Agreement (DPA), and applicable data-protection laws (including the UK GDPR, EU GDPR, CCPA, and Jamaican Data Protection Act 2020).

9.5 Transparency and User Control

Opt-In/Opt-Out: Certain AI functionalities may be optional. Where legally required, Users will be presented with clear controls to enable or disable AI-based features.
Explainability: WhizzIQ endeavours to maintain transparency regarding the logic and operation of key automated decision-making processes, subject to intellectual-property limitations.
Data Minimisation: Only the data necessary to execute a given AI function will be processed.
No Hidden Profiling: WhizzOnBy Ltd. does not engage in covert behavioural profiling, automated decision-making with legal effect, or microtargeting of individual Users.

9.6 AI Ethics and Responsible Use

WhizzOnBy Ltd. commits to the principles of fairness, accountability, transparency, and privacy-by-design in the deployment of its AI and automation systems.
Users agree not to use AI-generated outputs for:

unlawful, discriminatory, deceptive, or unethical purposes;
developing, training, or testing external machine-learning models;
generating misleading, defamatory, or fraudulent materials; or
any activity that violates applicable laws, intellectual-property rights, or privacy regulations.

Violation of this clause constitutes material breach and may result in immediate suspension or termination of access without refund.

9.7 Third-Party AI Providers

Where WhizzIQ integrates third-party AI engines or APIs (e.g., OpenAI, Google Cloud AI, or similar providers), processing of data through such systems will be governed by equivalent data-protection safeguards and contractual obligations.
WhizzOnBy Ltd. shall ensure that:

data shared with third-party AI systems is strictly limited to what is necessary for functionality;
such providers comply with the UK GDPR, EU GDPR, and equivalent laws; and
no third-party provider acquires rights to use or retain User Data beyond the scope of WhizzIQ’s operation.

Users acknowledge that some AI responses may involve interaction with third-party infrastructure subject to separate privacy terms.

9.8 Intellectual Property Rights in AI Outputs

· Ownership of Inputs and Outputs
Users retain ownership of all data, content, and materials submitted to the Platform (“User Data”).
WhizzOnBy Ltd. retains ownership of all proprietary algorithms, models, prompts, datasets, and systems used to generate AI outputs.

· Rights in AI-Generated Outputs
To the extent permitted by law, Users shall own the copyright or equivalent rights in AI-generated outputs produced through their lawful use of WhizzIQ, provided that such outputs do not incorporate or expose WhizzOnBy Ltd.’s confidential information, source code, or model weights.
WhizzOnBy Ltd. grants Users a worldwide, royalty-free, non-exclusive licence to use, copy, modify, and commercialise such AI-generated outputs for legitimate business purposes.

· Learning and Derived Data Use
WhizzOnBy Ltd. retains a perpetual, irrevocable right to use anonymised, aggregated, or derived data (excluding personal or confidential business information) to maintain, improve, and audit its AI systems in compliance with the WhizzIQ Privacy Policy and applicable data-protection laws.

· Restrictions
Users shall not claim ownership of WhizzIQ’s underlying models, architecture, or training data, nor assert authorship where the output was wholly generated without material human contribution.

· Attribution and Compliance
When required by applicable law or platform policies, Users agree to provide clear attribution indicating that the content was generated using WhizzIQ AI.

9.9 Limitation of Liability for AI and Automation

WhizzOnBy Ltd., its affiliates, officers, and sub-processors shall not be liable for any loss, damage, or expense arising directly or indirectly from:

reliance on, or misinterpretation of, AI outputs;
failure of AI features to produce expected results;
delays, interruptions, or technical limitations in automation functionality;
use of AI in violation of these Terms; or
decisions made by the User or its agents based on AI-generated insights.

To the maximum extent permitted by law, all AI and automation features are provided “as is” and “as available”, without warranty of accuracy, merchantability, fitness for a particular purpose, or non-infringement.

9.10 Regulatory Compliance

WhizzOnBy Ltd. designs its AI systems in accordance with emerging global AI governance frameworks, including but not limited to:

the EU Artificial Intelligence Act;
the OECD AI Principles;
the UK Information Commissioner’s Office (ICO) Guidance on AI and Data Protection; and
any applicable national or regional regulations addressing algorithmic accountability or automated decision-making.

WhizzOnBy Ltd. will adapt its practices and notify Users as these frameworks evolve.

9.11 User Acknowledgement

By enabling or using WhizzIQ’s AI and automation features, Users acknowledge and agree that:

all AI-generated content or insights are informational only;
they are solely responsible for validating and acting upon such content;
WhizzOnBy Ltd. does not provide any warranty or guarantee regarding accuracy, completeness, or applicability; and
continued use of AI features constitutes express consent to processing as described herein and in the Privacy Policy.

10. Third-Party Integrations

10.1 Overview

WhizzIQ may offer optional integrations, connectors, or application-programming interfaces (“Integrations”) enabling Users to exchange data between the Platform and third-party products or services (“Third-Party Services”).
Such Integrations are provided solely for the User’s convenience to facilitate interoperability, automation, and extended functionality.
Use of any Third-Party Service is entirely voluntary.

10.2 Independent Third-Party Relationship

Each Third-Party Service is operated, controlled, and maintained by an independent provider not owned or managed by WhizzOnBy Ltd.
Accordingly:

WhizzOnBy Ltd. does not endorse, warrant, or assume responsibility for any Third-Party Service;
the provider of each Third-Party Service remains solely responsible for its content, functionality, availability, data practices, and legal compliance; and
Users’ dealings or correspondence with such providers, including payment, data exchange, and contractual obligations, are exclusively between the User and the relevant provider.

WhizzOnBy Ltd. may, at its sole discretion, enable or disable integrations, modify their technical interfaces, or discontinue support at any time without prior notice.

10.3 Third-Party Terms and Privacy Policies

Access to or use of a Third-Party Service through WhizzIQ is governed by that provider’s own terms of service, privacy policy, and any other applicable legal or licensing conditions.
By enabling an Integration, the User expressly acknowledges and agrees to those third-party terms and grants WhizzOnBy Ltd. permission to transmit and receive data as necessary to facilitate the integration.

Users are responsible for reviewing, understanding, and maintaining compliance with the applicable third-party policies.
WhizzOnBy Ltd. assumes no responsibility for how Third-Party Services collect, store, use, share, or secure User Data.

10.4 Data Exchange and Security

Limited Scope of Data Sharing:
Only the minimum data required to operate the Integration is exchanged between WhizzIQ and the Third-Party Service.
No additional data is shared without explicit user authorisation.
Transmission Safeguards:
All data transfers occur via secure, industry-standard encryption protocols (e.g., TLS 1.2 or higher).
Data Control:
Once data leaves the WhizzIQ environment and enters a Third-Party Service, that provider becomes the controller of such data and bears full responsibility for its handling under applicable data-protection laws.
Revocation of Access:
Users may disconnect an Integration at any time via the Platform settings. Doing so halts future data exchange but does not retroactively delete data already held by the Third-Party Service; Users must request deletion directly from that provider.

10.4A Roles of the Parties under Data-Protection Law

For the avoidance of doubt:
(a) When WhizzOnBy Ltd. processes personal data on behalf of a User to facilitate an Integration or transmit information to a Third-Party Service, WhizzOnBy Ltd. acts solely as a data processor (or sub-processor, where applicable) under the UK GDPR, EU GDPR, the Jamaican Data Protection Act 2020, and equivalent laws.

(b) The User remains the data controller for all personal data it submits to, or exchanges through, the WhizzIQ Platform, including data sent via Integrations.

(c) Each Third-Party Service acts as an independent controller once it receives the data. That provider bears full responsibility for its own processing activities and compliance obligations.

(d) WhizzOnBy Ltd. shall ensure that any processing it performs on behalf of Users is governed by a binding Data Processing Agreement (DPA) and that all sub-processors are subject to equivalent contractual safeguards, technical measures, and confidentiality requirements.

(e) Nothing in this clause limits WhizzOnBy Ltd.’s right to aggregate, anonymise, or pseudonymise data in accordance with Section 7.4 and Section 9.8 for system-improvement purposes, provided such data can no longer identify an individual or entity.

10.5 Performance and Availability

WhizzOnBy Ltd. provides Integrations “as is” and “as available.”
Because Integrations rely on external systems, WhizzOnBy Ltd. cannot guarantee uninterrupted connectivity, compatibility, or uptime.
WhizzOnBy Ltd. shall not be liable for any delay, failure, or degradation in performance arising from:

downtime, outages, or API changes by a Third-Party Service;
network latency or transmission failures;
alterations, deprecations, or removal of third-party endpoints; or
acts or omissions of the third-party provider.

WhizzOnBy Ltd. may temporarily suspend or permanently disable an Integration if it poses a security, compliance, or operational risk.

10.6 Liability Limitations

To the fullest extent permitted by law:

WhizzOnBy Ltd. disclaims all warranties—express or implied—regarding Third-Party Services, including availability, accuracy, reliability, or fitness for a particular purpose;
WhizzOnBy Ltd. shall not be liable for any loss, damage, corruption, unauthorised disclosure, or misuse of data resulting from the use of a Third-Party Service; and
Users agree to indemnify and hold harmless WhizzOnBy Ltd. and its affiliates from any claims, liabilities, or expenses arising out of or related to their use of, or reliance on, a Third-Party Service.

10.7 Compliance with Applicable Law

WhizzOnBy Ltd. endeavours to partner only with providers that maintain data-protection standards consistent with the UK GDPR, EU GDPR, CCPA, Jamaican Data Protection Act 2020, and other applicable global frameworks.
However, ultimate responsibility for compliance with all relevant laws and contractual obligations associated with the User’s selected Integrations remains with the User.

10.8 Changes to Integrations

WhizzOnBy Ltd. reserves the right to:

modify Integration functionality, APIs, or connection methods to reflect updates in WhizzIQ or third-party systems;
replace or withdraw support for any Integration that becomes obsolete, insecure, or non-compliant; and
introduce new Integration tiers subject to additional fees or agreements.

Where practicable, notice of material changes will be provided through the Platform or official communication channels.

10.9 Survival and Continuity

All disclaimers, limitation-of-liability provisions, and indemnities under this Section 10 survive termination of the Agreement or the discontinuation of any specific Integration.

10.10 User Acknowledgement

By enabling or using any Integration within WhizzIQ, Users acknowledge and agree that:

the Third-Party Service provider, not WhizzOnBy Ltd., is solely responsible for the content, security, and operation of its service;
WhizzOnBy Ltd. does not monitor, validate, or endorse third-party functionality; and
all risks associated with use of such services rest entirely with the User.

11. Intellectual Property

11.1 Ownership of WhizzIQ Intellectual Property

All rights, title, and interest in and to the WhizzIQ Platform, including but not limited to its software code (source and object), architecture, algorithms, databases, user interfaces, designs, logos, trade names, trademarks, service marks, domain names, documentation, training materials, videos, marketing assets, AI systems, analytics models, and any related technology or derivative works (“WhizzIQ Intellectual Property”), are and shall remain the exclusive property of WhizzOnBy Ltd.

Except for the limited rights expressly granted under this Agreement, no rights or licenses, whether implied or otherwise, are conveyed to the User. All rights not expressly granted are reserved by WhizzOnBy Ltd.

11.2 License Grant

Subject to full compliance with these Terms, WhizzOnBy Ltd. grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the WhizzIQ Platform for internal business purposes only during the term of an active subscription.

This license does not convey ownership, title, or any intellectual-property rights.
Use of WhizzIQ for purposes other than lawful, internal business operations — including hosting services for others, competing products, or public distribution — is strictly prohibited.

11.3 Restrictions

Users shall not, directly or indirectly:

copy, reproduce, republish, upload, post, transmit, sell, resell, lease, license, distribute, or otherwise exploit the WhizzIQ Platform or its components;
modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive source code or underlying algorithms, except where permitted by law;
create derivative works, competitive products, or services based on WhizzIQ or its components;
use WhizzIQ trademarks, branding, or content in a way that implies partnership, endorsement, or sponsorship without prior written consent;
remove or obscure any copyright, trademark, or proprietary notices; or
use WhizzIQ Intellectual Property in any manner that infringes, misappropriates, or violates the rights of WhizzOnBy Ltd. or any third party.

WhizzOnBy Ltd. reserves the right to pursue injunctive relief, damages, and other remedies in the event of a breach of this Section.

11.4 User Intellectual Property

Users retain ownership of their own content, data, and materials submitted to WhizzIQ (“User Content”).
By using the Platform, Users grant WhizzOnBy Ltd. a limited, worldwide, royalty-free license to host, display, and process such content solely for the purpose of providing the Services, as detailed in Sections 7 and 8.

WhizzOnBy Ltd. acquires no ownership rights in User Content, and Users remain solely responsible for ensuring its legality and accuracy.

11.5 Feedback

If a User submits suggestions, enhancements, feature ideas, or other feedback regarding the Platform (“Feedback”), WhizzOnBy Ltd. shall have a perpetual, worldwide, royalty-free, irrevocable license to use, reproduce, modify, and incorporate such Feedback into WhizzIQ or other products without obligation of attribution or compensation.

11.6 Infringement Reporting and Enforcement

If any person or entity believes that their intellectual-property rights have been infringed by materials hosted or displayed within WhizzIQ, they must promptly submit a detailed written notice to:
Email: admin@whizzonby.com

The notice must include:

identification of the protected work or right claimed to have been infringed;
description of the infringing material and its location;
contact information for the complainant;
a good-faith statement that the use is not authorised; and
a declaration under penalty of perjury that the complaint is accurate.

WhizzOnBy Ltd. reserves the right to remove or disable access to allegedly infringing content and to terminate repeat infringers in accordance with applicable law.

11.7 Survival

The provisions of this Section 11 survive termination or expiration of this Agreement indefinitely.

12. Confidentiality

12.1 Definition of Confidential Information

“Confidential Information” means any non-public information, data, or material disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”), whether orally, electronically, or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Confidential Information includes, but is not limited to:

business plans, strategies, pricing, or financial data;
product designs, source code, algorithms, system architecture, and documentation;
trade secrets, client or vendor lists, and market research;
operational processes, technical specifications, and project details;
intellectual-property filings and research;
non-public data stored or processed within the Platform; and
any communication relating to the development, performance, or security of WhizzIQ.

Confidential Information does not include information that:

is or becomes publicly available through no fault of the Receiving Party;
was lawfully known to the Receiving Party before disclosure;
is rightfully received from a third party without restriction; or
is independently developed without reference to the Disclosing Party’s Confidential Information.

12.2 Mutual Obligations

Both parties agree to:

use Confidential Information solely for the purposes of performing their obligations or exercising their rights under this Agreement;
restrict disclosure of Confidential Information to employees, agents, or contractors who have a legitimate “need to know” and are bound by written confidentiality obligations at least as protective as this Section;
maintain the same degree of care to protect Confidential Information as they use to protect their own sensitive information, but in no event less than reasonable care; and
promptly notify the Disclosing Party of any unauthorised access, disclosure, or breach involving Confidential Information.

WhizzOnBy Ltd. shall not access, use, or disclose User Confidential Information except as necessary to provide the Services or as otherwise permitted under this Agreement.

12.3 Compelled Disclosure

If the Receiving Party is required by law, regulation, or court order to disclose Confidential Information, it shall (to the extent legally permissible) provide the Disclosing Party with prompt written notice before such disclosure to allow an opportunity to seek protective measures.
Only the minimum required information may be disclosed, and it shall remain subject to confidentiality obligations thereafter.

12.4 Duration of Confidentiality Obligations

Confidentiality obligations shall remain in effect:

for the duration of this Agreement; and
for five (5) years following termination or expiration, unless applicable law requires longer retention for specific data.

Trade secrets and proprietary technical information shall remain confidential in perpetuity or for as long as such information retains its confidential nature.

12.5 Remedies

The parties acknowledge that unauthorised disclosure of Confidential Information may cause irreparable harm for which monetary damages are insufficient.
Accordingly, the Disclosing Party shall be entitled to seek injunctive or equitable relief in addition to any other legal remedies available under applicable law.

12.6 Return or Destruction of Confidential Information

Upon termination of this Agreement or upon written request, the Receiving Party shall promptly return or permanently destroy all Confidential Information, including any copies, summaries, or derivative materials, except to the extent retention is required by law, regulation, or internal audit obligations.

12.7 Survival

This Section 12 shall survive termination or expiration of this Agreement for the period stated above and shall continue to bind the parties and their successors.

13. Security and Access

13.1 User Responsibility for Account Security

Each User is solely responsible for maintaining the confidentiality, security, and integrity of their WhizzIQ login credentials, including usernames, passwords, authentication tokens, or other access methods.
Users agree to:

create strong, unique passwords that meet WhizzIQ’s minimum security requirements;
enable multi-factor authentication (MFA) where available;
restrict access to their account to authorised personnel only;
immediately notify WhizzOnBy Ltd. of any unauthorised access, suspected compromise, or breach; and
remain fully responsible for all activity that occurs under their account, whether authorised or not.

WhizzOnBy Ltd. shall not be liable for any loss, misuse, or damage arising from the User’s failure to comply with these obligations.

13.2 Shared and Team Accounts

If an account allows access by multiple authorised users (such as employees or agents), the Account Owner is responsible for managing permissions and ensuring that all team members comply with these Terms.
The Account Owner shall be deemed to have authorised all actions performed through their account and shall bear full liability for such activity.

13.3 User Device and Network Security

Users are solely responsible for implementing and maintaining adequate technical and organisational safeguards on their own devices, networks, and systems to prevent unauthorised access to the Platform.
This includes maintaining:

updated operating systems and antivirus software;
firewalls and network protections;
secure and encrypted internet connections;
proper device access controls; and
regular data backups independent of the Platform.

WhizzOnBy Ltd. shall not be responsible for security vulnerabilities, malware infections, or data loss resulting from compromised User devices, unsafe networks, or unpatched systems.

13.4 WhizzIQ Security Commitments

WhizzOnBy Ltd. implements industry-standard security protocols and administrative controls designed to protect WhizzIQ and User Data from unauthorised access, alteration, disclosure, or destruction.
These include:

encryption of data in transit and at rest;
network firewalls and intrusion detection systems;
regular security patching and vulnerability scanning;
segregation of customer environments; and
audit logging and role-based access control.

While WhizzOnBy Ltd. maintains robust safeguards, Users acknowledge that no online platform can guarantee absolute security and that use of the internet involves inherent risks.

13.5 Right to Suspend or Restrict Access

WhizzOnBy Ltd. reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or terminate access to any account or portion of the Platform where:

suspicious, unauthorised, or fraudulent activity is detected;
login credentials appear compromised;
malware or harmful code is introduced through User systems;
excessive API calls, data scraping, or other abusive activity is identified; or
any action threatens the stability, performance, or security of the Platform or other Users.

Suspensions imposed under this clause may remain in effect until the identified issue is resolved to WhizzOnBy Ltd.’s satisfaction.
Where feasible, notice of suspension and instructions for remediation will be provided to the Account Owner.

13.6 Security Investigations and Cooperation

Users agree to cooperate fully with WhizzOnBy Ltd. in the event of a suspected or confirmed security incident involving their account, including by:

promptly responding to security-related inquiries;
preserving relevant system logs and evidence; and
implementing corrective actions as advised by WhizzOnBy Ltd.’s security team.

Failure to cooperate may result in termination of access or other remedial measures as deemed necessary to protect the Platform.

13.7 No Circumvention of Security Controls

Users shall not, directly or indirectly:

disable, bypass, or interfere with any authentication, encryption, or access control mechanism;
attempt to probe, scan, or test the vulnerability of any WhizzIQ system or network;
introduce or propagate malicious code, viruses, or automated scripts designed to disrupt Platform operation; or
gain or attempt to gain unauthorised access to other User accounts, systems, or data.

Any such activity constitutes a material breach of this Agreement and may result in immediate suspension, termination, and potential legal action.

13.8 Incident Response and Notification

In the event of a security incident that affects WhizzIQ systems or User Data, WhizzOnBy Ltd. shall:

promptly assess and contain the incident;
investigate the scope and impact;
notify affected Users and relevant authorities as required by applicable data-protection laws; and
provide updates and guidance until remediation is complete.

WhizzOnBy Ltd. shall maintain an internal incident response plan consistent with ISO/IEC 27035 and GDPR Article 33 standards.

13.9 User Indemnity for Breach

Users shall indemnify and hold harmless WhizzOnBy Ltd., its affiliates, and personnel against any loss, damage, liability, claim, or expense (including reasonable legal fees) arising out of or related to:

failure to maintain secure login credentials;
negligent or wilful security breaches on the User’s side; or
introduction of malicious software, unauthorised code, or vulnerabilities through the User’s systems.

13.10 Termination for Security Reasons

If WhizzOnBy Ltd. determines that continued access by a User poses an unacceptable risk to the security, integrity, or availability of the Platform, WhizzOnBy Ltd. may immediately terminate the User’s access without liability.
Such termination shall not relieve the User of any outstanding payment or indemnification obligations under this Agreement.

13.11 Survival

Sections 13.1 through 13.10 survive termination or expiration of this Agreement and continue to apply for as long as WhizzOnBy Ltd. maintains any residual data related to the User or as required by applicable law.

14. Service Availability and Maintenance

14.1 General Commitment

WhizzOnBy Ltd. endeavours to maintain the WhizzIQ Platform in a secure, stable, and accessible state for all Users.
For paid subscriptions, WhizzOnBy Ltd. targets a Service Availability Level of 99.5% uptime per calendar month, excluding scheduled maintenance windows, emergency updates, and downtime caused by external factors beyond WhizzOnBy Ltd.’s control.

Availability shall be measured at the server endpoint of WhizzIQ’s hosting infrastructure. Individual User connection issues, internet instability, or local device problems shall not count as downtime.

14.2 Definition of Uptime and Downtime

For the purposes of this section:

“Uptime” means the percentage of total minutes in a calendar month during which WhizzIQ is available to process User requests.
“Downtime” means the total number of minutes during which WhizzIQ is unavailable due to unplanned interruptions caused by system failure, excluding:
1. Scheduled maintenance periods;
2. Force majeure events;
3. Failures of external networks, third-party integrations, or User systems; and
4. Suspension or termination of User access due to breach or security risk (as provided in Section 13).

14.3 Scheduled Maintenance

WhizzOnBy Ltd. may perform routine system maintenance, updates, or infrastructure optimisations to ensure continued platform performance and security.
Where practicable, Users will receive prior notice of scheduled maintenance through:

Platform notifications,
Email, or
The WhizzIQ status page or other official communication channels.

Scheduled maintenance will generally occur during off-peak hours and will be designed to minimise service disruption.
WhizzOnBy Ltd. reserves the right to modify, patch, upgrade, or replace components of the Platform as necessary to enhance functionality, security, or performance, with or without prior notice where immediate action is required.

14.4 Emergency Maintenance

In the event of a critical vulnerability, data threat, or system integrity risk, WhizzOnBy Ltd. may perform emergency maintenance without prior notice.
Such interventions are exempt from the uptime calculation and may include:

urgent security patches;
database recovery or backup restoration; or
mitigation of third-party service failures or denial-of-service (DoS) attacks.

WhizzOnBy Ltd. shall use reasonable efforts to restore service promptly and will communicate post-incident updates once stability is achieved.

14.5 Service Level Measurement

WhizzOnBy Ltd. maintains continuous monitoring and logging of system availability for internal quality assurance purposes.
In the event of extended or material downtime exceeding the targeted uptime percentage, WhizzOnBy Ltd. may, at its sole discretion:

apply a service credit toward the User’s next billing cycle; or
extend the subscription period proportionally.

Service credits, if any, shall constitute the User’s sole and exclusive remedy for downtime and are subject to verification of the outage through WhizzIQ’s monitoring systems.
Users must request any applicable credit within 30 days of the alleged incident by contacting support@whizzonby.com.

14.6 Updates, Upgrades, and Version Changes

WhizzOnBy Ltd. continuously evolves WhizzIQ by releasing updates, patches, and new feature sets (“Updates”).
Such Updates may include changes to system architecture, algorithms, interface design, APIs, and data processing logic.
WhizzOnBy Ltd. reserves the right to:

introduce, modify, or deprecate features without prior notice;
roll out staged or region-specific upgrades;
migrate infrastructure to new environments; and
adjust configurations for optimisation or compliance.

By continuing to use the Platform after an Update, the User acknowledges and agrees to the revised or enhanced functionality.

14.7 No Guarantee of Uninterrupted Service

While WhizzOnBy Ltd. takes commercially reasonable measures to maintain uptime, Users acknowledge that occasional interruptions, latency, or disruptions may occur due to the inherent limitations of internet-based services.
WhizzOnBy Ltd. provides the Platform on an “as-is” and “as-available” basis and expressly disclaims all warranties of continuous or error-free operation, except as otherwise expressly provided in this Agreement.

14.8 User Cooperation During Maintenance

Users agree to cooperate with WhizzOnBy Ltd. during maintenance periods, including by:

temporarily suspending activity that may interfere with maintenance operations;
refraining from high-volume data transfers or automated requests during announced windows; and
promptly applying client-side updates or configurations when advised.

Failure to comply may result in degraded performance or suspension until compliance is restored.

14.9 Communication of Service Status

WhizzOnBy Ltd. may maintain a public or private service status page or system health dashboard where Users can monitor uptime metrics, maintenance schedules, and incident reports.
All communications issued through such channels shall be deemed official notice under this Agreement.

14.10 Survival

The provisions of this Section 14 survive termination of the Agreement to the extent necessary to govern post-termination service obligations and record retention.

15. Warranties and Disclaimers

15.1 As-Is and As-Available Service

The WhizzIQ Platform, including all associated software, APIs, AI systems, analytics tools, reports, dashboards, and documentation, is provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, express, implied, or statutory.

WhizzOnBy Ltd. and its affiliates expressly disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, non-infringement, or suitability for the User’s intended use.

No oral or written advice, statement, or representation made by WhizzOnBy Ltd. or its representatives shall create any warranty or guarantee not expressly stated herein.

15.2 No Guarantee of Uninterrupted Operation

WhizzOnBy Ltd. does not warrant that:

the WhizzIQ Platform will operate uninterrupted, securely, or free of defects, viruses, or other harmful components;
access will be continuous or error-free;
all defects will be corrected; or
any specific performance level or uptime guarantee beyond what is expressly stated in Section 14 will be maintained.

Users acknowledge that the internet is inherently unstable, and service interruptions may occur due to factors outside WhizzOnBy Ltd.’s control, including but not limited to connectivity issues, hardware failure, third-party service outages, or maintenance events.

15.3 No Warranty for Business Outcomes or Financial Results

WhizzOnBy Ltd. makes no representation or warranty that use of the WhizzIQ Platform will result in any particular financial, operational, or strategic outcome, including but not limited to:

increased sales or profitability,
improved efficiency or customer retention,
compliance with legal or accounting requirements, or
achievement of specific analytics or performance goals.

All decisions and actions taken using insights, recommendations, or reports generated by WhizzIQ are the sole responsibility of the User.
WhizzOnBy Ltd. shall not be liable for any business losses, missed opportunities, or decisions based on WhizzIQ outputs or AI suggestions.

15.4 Data Accuracy and Third-Party Inputs

WhizzIQ may allow the import or synchronisation of data from external sources, APIs, or integrations (e.g., payment processors, accounting systems, CRM tools, or social networks).
While WhizzOnBy Ltd. employs reasonable measures to ensure data consistency and integrity, it does not guarantee:

the accuracy, timeliness, or completeness of imported or exported data;
that third-party data connections will remain operational at all times; or
that such integrations will be free from duplication, delays, or transmission errors.

Users are responsible for validating imported data and maintaining independent backups of any critical business information.

15.5 No Warranty for AI or Automated Outputs

AI-generated summaries, insights, or analytics presented by WhizzIQ are automated predictions and suggestions generated based on algorithmic analysis of available data.
They are not intended to replace professional judgment, and WhizzOnBy Ltd. makes no warranties as to the factual accuracy, completeness, or appropriateness of such outputs for any purpose.

Users remain solely responsible for reviewing, validating, and interpreting all outputs before relying on them for business, legal, or financial decisions.

15.6 Exclusion of Implied Warranties

To the maximum extent permitted by applicable law, all implied warranties, conditions, and representations, including but not limited to those of merchantability, satisfactory quality, and fitness for a particular purpose, are hereby excluded.

Where applicable law does not allow exclusion of certain warranties, the scope and duration of any such warranties shall be limited to the minimum permitted under that law.

15.7 Limitation on Service Commitments

WhizzOnBy Ltd. makes no commitment or warranty regarding:

the availability of specific features or integrations;
compatibility with any particular device, browser, or system environment;
the retention or recovery of data following termination or account deletion; or
compliance with specific regulatory frameworks unless expressly stated in writing.

Any feature, tool, or integration described in marketing or documentation materials is subject to modification, suspension, or removal at WhizzOnBy Ltd.’s sole discretion.

15.8 User Acknowledgement

By using the WhizzIQ Platform, the User expressly acknowledges and agrees that:

they assume full responsibility for their use of the Platform;
WhizzOnBy Ltd. shall not be liable for any harm to computer systems, loss of data, or unauthorised access resulting from use of the Platform; and
they are solely responsible for evaluating whether WhizzIQ is suitable for their specific operational, legal, or compliance requirements.

15.9 Jurisdictional Limitations

Some jurisdictions do not permit the exclusion of implied warranties or limitations on how long an implied warranty may last.
To the extent that such laws apply, some of the above exclusions or limitations may not apply, but in such cases, they shall be interpreted narrowly to preserve WhizzOnBy Ltd.’s maximum lawful limitation of liability.

15.10 Survival

All disclaimers and limitations of warranty under this Section 15 shall survive termination or expiration of this Agreement.

16. Limitation of Liability

16.1 Maximum Liability Cap

To the maximum extent permitted by applicable law, WhizzOnBy Ltd., its affiliates, officers, employees, contractors, licensors, and representatives disclaim all liability for any loss, damage, claim, cost, or expense of any kind arising out of or related to the use of the WhizzIQ Platform or this Agreement, whether in contract, tort (including negligence), warranty, strict liability, or any other legal or equitable theory.

Except where such exclusion is prohibited by law, WhizzOnBy Ltd. shall under no circumstances be liable for any damages whatsoever.

If, notwithstanding the foregoing, a court of competent jurisdiction determines that liability cannot be excluded, the total aggregate liability of WhizzOnBy Ltd. and its affiliates for any and all claims, losses, or damages shall not exceed (a) the total amount of subscription fees actually paid by the User for WhizzIQ Services during the twelve (12) months immediately preceding the event giving rise to such liability, or (b) fifty United States dollars (USD $50.00) (or equivalent local currency), whichever is lower.

During the initial launch period of WhizzIQ — defined as the first twelve (12) months of commercial operation following public release — WhizzOnBy Ltd. shall bear no liability whatsoever for any damages, loss of data, interruption of service, or reliance on outputs. Users acknowledge that WhizzIQ will be in continuous improvement and testing during this period and accept all risks associated with its use.

16.2 Exclusion of Indirect and Consequential Damages

In no event shall WhizzOnBy Ltd., its officers, affiliates, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including but not limited to loss of profits, revenue, goodwill, data, business interruption, or anticipated savings, even if advised of the possibility of such damages.
These exclusions apply even if any limited remedy fails of its essential purpose.

16.3 AI and Decision-Making Disclaimer

WhizzIQ incorporates machine-learning and data-analytics tools intended solely to assist Users in analysis and decision-support. All AI-generated insights, forecasts, and recommendations are advisory only and do not constitute financial, legal, medical, or business advice.
WhizzOnBy Ltd. shall not be liable for any decision, loss, or damage arising from reliance upon such automated or data-driven outputs.

16.4 Data Import and Integration Liability

WhizzOnBy Ltd. assumes no liability for inaccuracies, omissions, duplication, or corruption of information resulting from data imported to or exported from third-party systems, APIs, or external services.
Responsibility for verifying the accuracy and completeness of all imported or synchronised data rests solely with the User.

16.5 Basis of the Bargain

The limitations set forth herein reflect an agreed allocation of risk between the parties and form a fundamental basis of the bargain. The fees charged by WhizzOnBy Ltd. are established in reliance upon these limitations. Without such limitations, WhizzOnBy Ltd. would not be able to provide the WhizzIQ Platform at the agreed price.

16.6 Applicability Across Jurisdictions

Some jurisdictions do not permit the exclusion or limitation of certain liabilities. To the extent any such law applies, WhizzOnBy Ltd.’s liability shall be limited to the maximum extent permitted by that law. Nothing in this Agreement excludes or limits liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
any liability that cannot lawfully be excluded under applicable consumer-protection or data-protection statutes.

16.7 Aggregation of Claims

All claims arising from or related to the same event, circumstance, or series of related events shall be aggregated and treated as a single claim for purposes of applying the limitation in Clause 16.1. Multiple claims shall not enlarge the total cap on liability.

16.8 Third-Party Services

WhizzOnBy Ltd. shall not be responsible or liable for the acts, omissions, or failures of third-party service providers, integrations, payment processors, or hosting partners that interact with or support the Platform. Use of such third-party services is governed exclusively by their own terms and policies.

16.9 Indemnity for Breach or Misuse

Users agree to indemnify and hold harmless WhizzOnBy Ltd., its affiliates, officers, and employees from and against any loss, damage, claim, or expense (including reasonable legal fees) arising out of or related to:

misuse of the Platform;
breach of these Terms or of law; or
reliance on any AI-generated or analytical output without independent verification.
This obligation survives termination or expiration of the Agreement.

16.10 Survival

All disclaimers, exclusions, and limitations set forth in this Section 16 survive termination or expiry of this Agreement and remain enforceable to the fullest extent permitted by law.

17. Indemnification

17.1 User Obligation to Indemnify

The User agrees to indemnify, defend, and hold harmless WhizzOnBy Ltd., its subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, penalties, fines, costs, expenses, or claims (including reasonable legal and professional fees) arising out of or relating to:

Breach of these Terms:
Any violation, non-performance, or alleged breach by the User of these Terms, including any representation, warranty, or obligation contained herein.
Misuse of the Platform:
Any improper, unlawful, negligent, or unauthorized use of the WhizzIQ Platform, including but not limited to:
- manipulation of the platform’s data or output;
- circumvention of security measures or usage limits;
- use of AI tools or analytics for deceptive, unethical, or non-compliant purposes;
- uploading, sharing, or storing unlawful, defamatory, or infringing material.
Infringement of Third-Party Rights:
Any claim that content, data, or materials uploaded, transmitted, or otherwise provided by the User infringes or misappropriates the intellectual property, privacy, publicity, confidentiality, or other rights of a third party.
Violation of Law or Regulation:
Any breach of applicable laws, rules, or regulations (including data-protection, export-control, or consumer-protection laws) resulting from the User’s activities or the use of the Platform.
Team or Account Misuse:
Any action or omission by persons accessing the Platform under the User’s account, credentials, or administrative control, regardless of authorization status.

17.2 Indemnification Procedure

In the event of a claim, WhizzOnBy Ltd. shall:

Provide the User with prompt written notice of the claim (provided that failure to give such notice shall not relieve the User of its indemnification obligations except to the extent materially prejudiced);
Permit the User to assume control of the defense and settlement of the claim, subject to WhizzOnBy Ltd.’s right to participate in such defense with counsel of its own choosing at its own expense; and
Cooperate reasonably with the User, at the User’s cost, in defending or settling the claim.

WhizzOnBy Ltd. may not settle or compromise any claim without the User’s prior written consent, except where such settlement releases all Indemnified Parties unconditionally and imposes no admission of fault, financial obligation, or ongoing performance requirement on them.

17.3 Additional Remedies

If any third-party claim is brought or threatened against WhizzOnBy Ltd. that arises from the User’s acts, omissions, or materials, WhizzOnBy Ltd. may, at its discretion:

suspend or terminate the User’s access to the Platform pending resolution of the matter;
disable or remove allegedly infringing or unlawful materials; and/or
withhold account credits or balances to offset any losses reasonably anticipated or incurred as a result of the claim.

These remedies are in addition to, and not in limitation of, any other rights available under law or equity.

17.4 Mutual Indemnity

Each party (“Indemnifying Party”) agrees to defend, indemnify, and hold harmless the other party, its officers, employees, affiliates, and permitted successors (“Indemnified Party”) against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

(a) any breach of this Agreement by the Indemnifying Party;
(b) any violation of applicable law or regulation; or
(c) any claim that the Indemnifying Party’s data, content, or materials infringe or misappropriate the intellectual-property rights of a third party.

WhizzOnBy Ltd.’s total liability for indemnification under this clause shall not exceed the limitation set forth in Clause 16.1.

The Indemnified Party shall promptly notify the Indemnifying Party of any claim subject to indemnification and provide reasonable cooperation in the defense. The Indemnifying Party shall retain sole control over the defense and settlement of such claims, provided that no settlement imposes liability or obligations on the Indemnified Party without its prior written consent.

17.5 Survival

The obligations in this Section 17 shall survive termination or expiration of this Agreement and shall remain enforceable for the duration of any applicable limitation period allowed under law.

18. Suspension and Termination

18.1 Right of Suspension

WhizzOnBy Ltd. reserves the right, at its sole discretion and without liability, to suspend or restrict access to the WhizzIQ Platform, in whole or in part, immediately and without prior notice where:

Non-Payment or Account Irregularity:
Fees are overdue or payment fails for any reason;
suspicious or unauthorized billing activity is detected; or
refund or chargeback claims are initiated.
Breach of Terms:
The User or any person under their account violates any provision of these Terms, including misuse of AI tools, infringement of intellectual-property rights, or circumvention of security or usage limits.
Security or Technical Risk:
Suspension is necessary to prevent unauthorized access, protect system integrity, or mitigate data-security threats.
Legal or Regulatory Requirement:
Continued access would breach applicable law, regulation, governmental order, or the rights of third parties.
Platform Integrity:
The User’s activities adversely affect system performance, threaten other users, or compromise WhizzIQ’s infrastructure or reputation.

Suspension does not release the User from payment obligations accruing during the suspension period.
WhizzOnBy Ltd. will, where reasonable, provide notice and an opportunity to remedy the cause before suspension takes effect, except where immediate action is required to protect the Platform or comply with law.

18.2 Termination by WhizzOnBy Ltd.

WhizzOnBy Ltd. may terminate a User’s account, subscription, or access to the Platform:

For Cause:
Immediately upon material breach of these Terms, non-payment beyond 14 days of invoice date, violation of law, or confirmed abuse of the Platform.
For Convenience:
Upon providing at least thirty (30) days’ written notice to the User, where termination is due to product retirement, service consolidation, or strategic business adjustment.

Upon termination, WhizzOnBy Ltd. shall deactivate access credentials and may, at its discretion, delete or anonymize stored data in accordance with Section 18.4 below.

18.3 Termination by the User

The User may cancel their subscription or terminate their account at any time through the in-platform billing interface or by submitting a written cancellation notice to support@whizzonby.com.
Termination by the User shall:

take effect at the end of the current billing cycle;
not entitle the User to refunds for any unused portion of the subscription term; and
require settlement of all outstanding fees and charges prior to closure.

Following cancellation, the User may export their available data before the effective termination date, as outlined in Section 18.4.

18.4 Data Retention and Deletion Policy

Upon termination (whether by WhizzOnBy Ltd. or the User):

Retention Period:
WhizzOnBy Ltd. will retain User data in an accessible state for thirty (30) days following the effective termination date to allow the User to export or download their information.
Deletion:
After the retention period, WhizzOnBy Ltd. will permanently delete or anonymize all User data from active systems and initiate removal from backup storage within an additional sixty (60) days, unless a longer period is required by law or regulatory obligation.
Exception:
WhizzOnBy Ltd. may retain limited metadata or transactional records (e.g., billing details, support logs, and compliance evidence) for audit, fraud prevention, or legal-compliance purposes.
User Responsibility:
It is the User’s sole responsibility to maintain their own copies of any data or content prior to termination.
WhizzOnBy Ltd. shall not be liable for loss of data after the retention window expires.

18.5 Effect of Termination

Upon termination for any reason:

All licenses and rights granted to the User immediately cease;
Any outstanding payment obligations remain due and payable;
Access credentials, integrations, and associated services will be disabled;
All provisions of these Terms that by their nature should survive (including Sections 15–17 and 19–21) shall continue in full force and effect.

18.6 Data Export and Post-Termination Access

Upon termination or expiration of this Agreement for any reason, Users shall have a period of thirty (30) days from the effective date of termination (“Data Retrieval Period”) to export or download any User Data stored on the Platform.

After the Data Retrieval Period, WhizzOnBy Ltd. shall permanently delete or anonymise all remaining User Data in accordance with its Data Retention and Deletion Policy, except where retention is required by applicable law or regulatory obligation.

Users acknowledge that WhizzOnBy Ltd. shall have no liability for loss of data following the expiration of the Data Retrieval Period, provided that deletion was performed in accordance with this Agreement.

During the Data Retrieval Period, limited read-only access to the Platform may be provided solely for the purpose of exporting User Data. No new data entry, processing, or AI automation shall be permitted.

18.7 Survival of Terms

The following provisions shall survive the termination or expiration of this Agreement:
Clauses 1 (Definitions and Interpretation), 7 (Data Ownership and Content), 8 (Data Protection and Privacy), 9 (AI and Automation), 11 (Intellectual Property), 16 (Limitation of Liability), 17 (Indemnity), and 21 (Miscellaneous).

These provisions shall remain in full force and effect to the extent necessary to give continuing validity to the rights, obligations, and limitations intended by the parties.

19. Changes to the Terms

19.1 Right to Modify

WhizzOnBy Ltd. reserves the right, at its sole discretion, to modify, amend, or update these Terms of Service at any time to reflect changes in applicable laws, evolving business practices, product functionality, or technical or operational requirements of the WhizzIQ Platform.
Any such modifications will be legally binding once published and shall supersede all prior versions of these Terms.

WhizzOnBy Ltd. may also issue revisions to associated policies, including the Privacy Policy, Data Processing Agreement (DPA), Cookie Policy, and other related documents, each of which forms part of the overall contractual framework governing use of the Platform.

19.2 Notice of Changes

When material changes are made, WhizzOnBy Ltd. will provide reasonable advance notice through one or more of the following methods:

Email Notification sent to the address associated with the User’s account;
In-app Notification or Banner displayed within the WhizzIQ interface; or
Public Posting of the revised Terms on the official WhizzIQ website with an updated “Effective Date.”

The method and timing of notice shall be determined at WhizzOnBy Ltd.’s discretion, consistent with the significance of the changes being introduced.
For minor updates, clarifications, or administrative modifications that do not materially affect the User’s rights or obligations, advance notice may not be required.

19.3 Effective Date and Continued Use

Revised Terms shall take effect as of the Effective Date specified in the updated version.
By continuing to access or use the WhizzIQ Platform after the Effective Date, the User is deemed to have accepted and agreed to be bound by the updated Terms in full.

If the User does not agree to the modified Terms, they must discontinue all use of the Platform and terminate their account in accordance with Section 18 (Suspension and Termination).
Continued use following notice constitutes conclusive acceptance of the changes.

19.4 Version Control and Access

WhizzOnBy Ltd. will maintain an accessible record of the most recent version of these Terms and indicate the last date of revision at the top of the document.
Users are encouraged to review the Terms periodically to remain informed of any updates.

The User acknowledges that WhizzOnBy Ltd. may, at its discretion, implement interim modifications in response to urgent legal, regulatory, or security developments without prior notice where such action is necessary to protect the Platform or comply with law.

19.5 No Obligation to Maintain Legacy Versions

WhizzOnBy Ltd. is under no obligation to continue offering access to prior versions of these Terms, the Platform, or legacy product features after the Effective Date of updated Terms.
Use of older product versions or discontinued modules shall remain subject to the then-current Terms and applicable policies.

20. Governing Law and Jurisdiction

20.1 Governing Law

These Terms of Service, and any dispute, controversy, or claim arising out of or in connection with them or the WhizzIQ Platform (including any non-contractual obligations), shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

WhizzOnBy Ltd. operates globally; however, all contractual relationships between the User and WhizzOnBy Ltd. are deemed to be entered into, performed, and enforceable within the jurisdiction of England and Wales.

20.2 Jurisdiction

Subject to the dispute resolution provisions set out below, the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter.

Notwithstanding the foregoing, WhizzOnBy Ltd. retains the right to seek injunctive or equitable relief in any competent court of law to prevent or address actual or threatened infringement, misuse, or breach of its intellectual property, data, or confidentiality rights, wherever such infringement may occur.

20.3 International Users and Local Compliance

Users accessing the WhizzIQ Platform from outside the United Kingdom are solely responsible for ensuring that their use complies with local laws and regulations.
Where use of the Platform or its features is prohibited by applicable local law, such access is unauthorized and void.
By using the Platform, the User represents and warrants that they are not located in, under the control of, or a national or resident of any country or territory subject to UK, US, or EU trade sanctions or export restrictions.

20.4 Dispute Resolution and Arbitration (Optional for International Users)

For Users outside of the United Kingdom, WhizzOnBy Ltd. may, at its discretion, require that disputes be resolved through binding arbitration instead of court proceedings, under the following conditions:

Governing Rules:
Arbitration shall be conducted in accordance with the London Court of International Arbitration (LCIA) Rules, which are deemed incorporated by reference into this clause.
Seat and Venue:
The seat of arbitration shall be London, England, and the proceedings shall be conducted in the English language.
Arbitrator:
The tribunal shall consist of a single independent arbitrator appointed jointly by the parties, or in default of agreement, by the LCIA.
Confidentiality:
All arbitration proceedings, filings, evidence, and awards shall be kept strictly confidential by both parties.
Costs:
Each party shall bear its own costs and share equally in the administrative and arbitrator fees, unless otherwise determined by the tribunal.
Interim Measures:
Either party may apply to any competent court for interim relief (including injunctions) before or during the arbitration process, without waiving its right to arbitration.

20.5 Mediation Option

(a) Good-Faith Negotiation:
In the event of any dispute, controversy, or claim arising out of or in connection with this Agreement, the parties shall first attempt to resolve the matter amicably through direct negotiation in good faith for a period of up to fifteen (15) business days from written notice of the dispute.

(b) Mandatory Mediation:
If the dispute is not resolved through negotiation, the parties agree to submit the matter to confidential mediation administered by an independent mediator mutually agreed upon by the parties, or, failing such agreement, appointed by the Centre for Effective Dispute Resolution (CEDR) in London.

Mediation shall be conducted in English, in London (or virtually if mutually agreed), and shall not exceed thirty (30) calendar days from initiation unless extended by written agreement.

(c) Arbitration or Litigation:
If mediation fails to achieve a settlement within the prescribed period, either party may proceed with arbitration under Clause 20.4 or court proceedings under Clause 20.2, as applicable.

(d) Costs:
Each party shall bear its own costs associated with negotiation and mediation and shall share equally in the mediator’s fees unless otherwise agreed in writing.

(e) Continuity of Service:
Unless otherwise directed by the mediator, the parties shall continue performing their respective obligations under this Agreement during the negotiation and mediation process, to the extent practicable.

20.6 Time Limitation for Claims

To the fullest extent permitted by law, any claim arising under or related to these Terms must be brought within one (1) year after the cause of action accrues.
Claims filed thereafter shall be permanently barred, regardless of any statute or law to the contrary.

21. Miscellaneous

21.1 Entire Agreement

These Terms of Service, together with the Privacy Policy, Data Processing Agreement (DPA), Cookie Policy, and any other referenced or supplemental agreements, constitute the entire agreement between WhizzOnBy Ltd. and the User regarding access to and use of the WhizzIQ Platform.

This Agreement supersedes all prior proposals, communications, or understandings, whether written or oral, concerning the same subject matter.
No purchase-order terms, marketing materials, or other extraneous documents shall modify these Terms unless expressly accepted in writing by an authorized representative of WhizzOnBy Ltd.

21.2 Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a competent court, such provision shall be enforced to the maximum extent permitted by law, and the remainder shall remain fully valid and enforceable.
Should any provision be invalidated, WhizzOnBy Ltd. may substitute an enforceable term that most closely reflects the original intent and purpose.

21.3 No Waiver

Failure or delay by WhizzOnBy Ltd. to exercise any right, power, or remedy under these Terms shall not constitute a waiver thereof.
Any waiver must be explicit, written, and signed by an authorized officer of WhizzOnBy Ltd.
A partial or single exercise of any right does not preclude further exercises or the exercise of any other right.

21.4 Assignment and Transfer

Users may not assign, sublicense, transfer, or convey any rights or obligations under these Terms—including access credentials, subscriptions, or licenses—to any third party without the prior written consent of WhizzOnBy Ltd.
Any attempted assignment or transfer without consent shall be null and void.

WhizzOnBy Ltd. may, however, assign or transfer this Agreement, in whole or in part, to:

An affiliate or subsidiary;
A successor entity in the event of a merger, acquisition, or sale of assets; or
A third party assuming operational control of the WhizzIQ Platform.

Such assignment shall be effective without requiring notice or consent from Users, provided that the assignee assumes all obligations of WhizzOnBy Ltd. under these Terms.

21.5 Force Majeure

(a) Definition. Neither party shall be liable for any delay or failure to perform its obligations under this Agreement (except payment obligations) if such delay or failure results from an event or circumstance beyond the reasonable control of the affected party (“Force Majeure Event”). Force Majeure Events include, without limitation, acts of God, natural disasters, war, terrorism, civil unrest, governmental orders, pandemics, labour disputes, power or internet outages, or failures of third-party service providers.

(b) Notification and Mitigation. The affected party shall notify the other party in writing within a reasonable period after becoming aware of the Force Majeure Event and shall use commercially reasonable efforts to mitigate its effects and resume performance as soon as practicable.

(c) Suspension of Obligations. During the continuance of a Force Majeure Event, the affected party’s obligations (other than payment) shall be suspended to the extent and for the duration of the delay caused by the event.

(d) Termination Right. If the Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate this Agreement upon written notice without liability.

(e) No Waiver of Fees. Suspension of obligations under this clause does not relieve Users of any payment obligations that accrued prior to the Force Majeure Event.

21.6 Survival

All clauses which by their nature are intended to survive termination—including, without limitation, those concerning intellectual property, confidentiality, data protection, indemnification, warranties and disclaimers, limitation of liability, and governing law—shall remain in effect following termination or expiration of the User’s access or subscription.

21.7 Headings and Interpretation

Headings are for reference only and shall not affect interpretation.
References to “include,” “includes,” or “including” are not limiting.
The singular shall include the plural and vice versa.
References to “User” apply equally to individuals, organizations, and other legal entities.

21.8 Relationship of the Parties

Nothing in these Terms shall create a partnership, joint venture, employment, fiduciary, or agency relationship between the User and WhizzOnBy Ltd.
Each party acts as an independent contractor, responsible for its own obligations and liabilities.

21.9 Language and Notices

These Terms are drafted in the English language, which shall prevail in case of any translation inconsistencies.
All notices or communications required under these Terms shall be provided in English and sent via the channels specified in Section 20 (Contact Information).

21.10 Consumer Rights and Business-to-Consumer Use

(a) If any User accesses the WhizzIQ Services as an individual consumer (not on behalf of a business), these Terms do not exclude or limit any rights that cannot be waived under the Consumer Rights Act 2015 (UK) or equivalent consumer-protection laws applicable in the User’s jurisdiction.

(b) In such cases, WhizzOnBy Ltd. shall provide the Services “as described” and “fit for purpose” to the extent required by law. Nothing in this Agreement affects the User’s statutory rights concerning defective digital content, unfair contract terms, or cancellation rights for distance purchases.

(c) Users who subscribe as consumers may withdraw from a paid plan within fourteen (14) days of purchase by written notice to admin@whizziq.com. Any prepaid fees will be refunded on a pro-rata basis, provided that the User has not materially used the Service during that period.

(d) Where there is any inconsistency between this Agreement and applicable mandatory consumer-protection law, the latter shall prevail to the extent of that inconsistency.