Wokwi - Terms of Service

Here are the key points of these Terms of Service. They are only brought for your convenience and do not substitute the full Terms.

INTRODUCTION

Welcome to Wokwi, a web simulator for embedded & IoT Systems that assists in learning and planning embedded device interactions and programming, which is also available as an extension, for example, at: Visual Studio Marketplace ("Extension(s)") (the " Service").

The Service is developed and operated by CodeMagic Ltd. (the "Company", "we", "us" and "our").

Please carefully read the following terms and conditions (the "Terms"). By accessing or using the Service in any way, or by registering as a user for the Service (in each case, a "User", "you"), you agree to be bound by these Terms and you signify that you have read and understood them. If you do not agree to these Terms, you may not use the Service in any way.

REGISTRATION, USER ACCOUNT, EXTENSION

The Service is available for both registered and non-registered Users, however Users may benefit from registering, because it allows them to access their saved projects across other devices or browsers, join our premium membership program and access our Extension. If you choose to register, a personal User Account will be created once you sign-up directly to our Service or through third party providers, such as Google or GitHub ("Third Party Providers") and agree to these Terms and to the privacy policy (the "Account" or "User Account").

When you register with us, you must submit only true, accurate and complete details of your Account. Bear in mind that false, incorrect or outdated information may impair our ability to provide you with the Service and to contact you.

We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Service.

You are prohibited from selling or transferring your Account or your login details, such as username and password, in any way to any third party.

You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details when signing-up to our Service. You are solely responsible and liable for all activities performed with or through your User Account due to breaching these Terms.

Subject to these Terms, we hereby grant you a worldwide, limited, revocable, non-exclusive, non-sub-licensable, non-transferable and non-assignable right and license, limited in time until the termination or expiration of these Terms, expiration of a specified evaluation period or the termination of your Account, to use the Service in accordance with these Terms, for your personal and non-commercial purposes only, and to use the Extension for open source projects, following the open source licenses terms, without charge.

For the purposes of these Terms, an open-source software project is any project that is:

By accessing or using the Service and the Extension, you agree for us to analyse the Service and Extension you use, your User Content (as defined below) and to collect telemetry data on our use of our Service and Extension to ensure your compliance with these Terms. For the avoidance of doubt, when using the Extension, the Service has no access to your project's non-compiled source code.

For more details on the available options for commercial use to the Extension and Service, please contact us at: [email protected].

PAYMENT FOR THE SERVICE

Basic functionality of the Service is provided at no cost, that may be limited to a specified evaluation period. However, you may Join our premium membership program, Wokwi's Club, to get access to advanced features, continuing your use of the Service after the evaluation period has expired or subscribe for our commercial license to the Service and the Extension. In that case you will be required to pay for a monthly subscription plan. Payment is available by credit card, through PayPal or through any other payment method as we may determine from time to time. Payment and subscription plans are operated on our behalf by Paddle.com, who also handle order related inquiries.A delay in payment exceeding 7 days may automatically result in the cancellation of your subscription and Account.

If you subscribe to our Services, we reserve the right to change from time to time and in our own discretion the subscription fees and the available subscription plans. If we do so, we will notify you of such changes in advance, by sending an email message to the mailbox you provided during registration. Your continued use of the Service after we sent the notification will constitute your consent to the new subscription fees or plans.

Fees we present on the Service are exclusive of taxes. To the extent that we are required by law to do so, you authorize us to charge you with the applicable taxes in accordance with tax laws.

Please note that payment may therefore be subject to commissions charged by external service providers in accordance with their terms of use. You will bear sole liability for paying those commissions.

You can cancel your paid subscription at any time in the subscriptions dashboard. Your cancellation will become effective only at the subsequent subscription period (e.g., the next month, for a monthly subscription), such that you will still be charged for the current subscription period but will not be further charged for subsequent subscription periods.

USER CONTENT, USER INTERACTION, VOTEPOWERS

You may upload to the Service, create, use, edit, share with other Users or otherwise provide content, ranging from Arduino libraries and projects to virtual hardware. Content that you and other Users upload, create, use, edit, share or otherwise provide through the Service will be referred to as "User Content". For the avoidance of doubt, when submitting your project through the Extension, User Content will not include your project's non-compiled source code, as all the compilation occurs on your systems, not ours.

We do not claim any ownership to User Content. However, you grant us a worldwide, royalty-free, non-exclusive, transferrable, sublicensable, assignable, perpetual and irrevocable license to copy, reproduce, create derivative works of, distribute, display, sublicense, make available and communicate to the public your User Content and any work derived from it. You also grant us a free-of-charge and royalty free, non-exclusive, worldwide, perpetual, irrevocable, transferrable, assignable license for User Content patents, with the right to sublicense through multiple tiers, to use, make, have made, sell, have sold, develop, manufacture and produce, have developed, manufactured and produced, in connection with the Service. UserContent that you provide through the Service may be available to all Users of the Service.

We take no part in, or responsibility for, the interactions between you and other Users. These interactions and communications, and all consequences resulting therefrom, are strictly between you and the other Users participating in those interactions and communications.

You may find User Content not compatible with your expectations, unhelpful, erroneous, objectionable, annoying, improper, unlawful, or even immoral. We do not endorse or sponsor User Content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for User Content.

If you find User Content on the Service that violates these Terms, please let us know by contacting us at [email protected]. We will review and determine the appropriate steps to take.

We may, but are under no duty to, review User Content made available through the Service. We may, in our sole discretion, temporarily or permanently delete or block access to User Content, if we find that it violates these Terms or for any other reason.

When you contribute to Wokwi or create what we deem as outstanding projects on Wokwi, you may receive VotePowers, that let you vote what features we should be including or working on in the Service. Granting VotePowers is entirely subject to our sole discretion. VotePowers are intended for your personal and non-commercial use only. You may not sell, transfer to others or let others use your VotePowers. You can view your current VotePower balance at the top of the features page. To learn more about VotePowers, click here.

ACCEPTABLE USE OF THE SERVICE

You are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf. When using the Service, you must refrain from –

You may not access or use the Service in order to develop or create a similar or competitive product or service, other than as expressively permitted in these Terms.

USER ACCOUNT SUSPENSION

In addition to any remedies that may be available to us under any applicable law, we may, upon notice to you, temporarily or permanently deny, limit, suspend, or terminate your User Account, prohibit you from accessing the Service and take technical and legal measures to keep you off the Service, if we determine, in our reasonable discretion that -

PRIVACY

We respect your privacy. Our Privacy Policy, which is incorporated to these Terms by reference, explains the privacy practices on the Service.

COPYRIGHT INFRINGEMENT

Requests to remove content due to copyright infringement, must be made in accordance with our Copyright Policy. After we receive a request to remove or re-post content on the Service, we will review the request and act as necessary.

INTELLECTUAL PROPERTY

All rights, title and interest in and to the Service and the Service's software, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to us. We do not claim ownership of your User Content.

You may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service's software, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from us.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to our trademarks, services marks and logos. You must refrain from any action or omission which may dilute or tarnish our goodwill.

You may provide us with feedback, including information pertaining to bugs, errors and malfunctions of the Service, performance of the Service, the Service's compatibility and interoperability, and information or content concerning enhancements, changes or additions to the Service that you would like to have, desire or suggest. When you do so, you assign all right, title and interest in and to that feedback to us, including the right to make commercial use thereof, for any purpose we deem appropriate, without charge. You are not entitled to receive any remuneration for our use of your feedback, you represent that the feedback is original or that you have any intellectual property rights necessary to make the submission without restriction. Further, you waive any past, present or future moral rights you may have in the feedback.

CHANGES IN THE SERVICE

We may maintain the Service with periodic releases of updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our "Staff"), for any of these releases or the lack thereof.

We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service. If you have a paid subscription to the Service, we will only do so in a manner that does not materially diminish the performance or features available on the Service.

We may temporarily suspend the operation of the Service for maintenance purpose and will aim to do so in a fashion that minimizes the impact on the Users of the Service.

AVAILABILITY AND QUALITY

Internet connection is required to access and use the Service and the Extension. The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks, and the quality of broadband/cellular/Wi-Fi network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.

AGE RESTRICTION AND ELIGEBILITY

If you are under the age of 13, you may not use the Service in any way. By using, accessing, or registering with the Service, you declare that you are 13 years of age or older. Additional age restrictions may apply in your country.

CHANGES TO THE TERMS

We may amend the Terms from time to time. In such case, if you registered with the Service and provided us with your email address, we will proactively notify you of the amended Terms. Otherwise, we will publish the amended Terms online. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible here.

If you do not accept the amended Terms, refrain from using the Service. We may terminate the Terms and your User Account in such a case.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED FOR USE "AS IS" AND "WITH ALL FAULTS". WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, YOUR USER ACCOUNT, ANY INTERACTION RELATED TO THE SERVICE AND ANY COMMUNICATION BETWEEN YOU AND THE SERVICE.

WE AND OUR STAFF DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY – REGARDING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, CONTRIBUTION, INDEMNITY, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE USE OF OR THE INABILITY TO USE THE SERVICE OR YOUR USER ACCOUNT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT IN THE EVENT OF INTENTIONAL MISCONDUCT OR FRAUD, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY AND ITS STAFF, FOR ANY AND ALL DAMAGES ARISING FROM OF OR RELATED TO THESE TERMS OR THE SERVICE, IS LIMITED TO DIRECT DAMAGES ONLY, THE AMOUNT OF WHICH DOES NOT EXCEED THE MONTHLY PREMIUM SUBSCRIPTION FEES YOU ACTUALLY PAID US IN THE THREE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO OUR LIABILITY.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our employees, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney's fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of and access to the Service in violation of any term of these Terms.

TERMINATION OF THESE TERMS

You may, at any time terminate these Terms and your User Account by providing us written notice of termination to [email protected].

We may terminate these Terms and your license to use the Service by issuing you a notice of termination or by disabling access to your Account. Upon termination of these Terms or your User Account, for any reason -

The following sections shall survive any termination, or expiration of the Terms: Payment for the Service, Privacy, Copyright Infringement, Intellectual Property, Limitation of Liability, Indemnification, Termination of These Terms, Governing Law & Dispute Resolution, General.

GOVERNING LAW

These Terms and your use of the Service will be exclusively governed by and construed in accordance with the laws of the state of Israel without regard to conflict of law principles. Any dispute, controversy or claim which may arise out of or in connection with these Terms or the Service, shall be submitted to the sole and exclusive jurisdiction and venue of the competent courts in the District of Tel-Aviv-Jaffa, Israel.

GENERAL

These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements regarding the Service.

We and you are not partners or agents; instead, our relationship is that of independent contractors. These Terms create no third-party beneficiary rights.

Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

You may not assign or delegate these Terms or any of your rights, performances, duties or obligations hereunder. Any purported assignment or delegation, in contravention of the above, will be null and void.

In the event of a Company merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, we may, without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party. With such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities and obligations under these Terms.

The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

CONTACT US

At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at [email protected].

Last updated: October 1st, 2023