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Terms of Service

TERMS OF SERVICE

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Thank you for choosing Gowise App (“Gowise”, “Platform”, “App”), the service provided by GOWISE IOT SOLUTION SDN BHD (“GOWISE IOT”, “We”, “Our”, “Us”). The following Terms of Service agreement (the or these “Terms”) apply to all users of the App (the “Users”, “User”, “You”, “Your”). By creating an account in Gowise or by using any of the services made available by Gowise or our mobile applications, or any other related services provided by Gowise or its affiliates (collectively, the “Services”), you acknowledge that you have read, understand, and completely agree to all of the terms and conditions contained in these Terms. If you disagree with these Terms or with any subsequent amendments, changes, or updates, you may not access or use any of the Services.

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GOWISE IOT reserves the right to change or modify the Terms at any time, including but not limited to any policy or guidelines of the App. We will post the modified terms to the App and place the last revision date at the top of the Terms or by e-mail to the user's registered email address or in any other way determined by GOWISE IOT. As such, you continue to use the App as an act of acceptance of the amended agreement and rules. If you do not agree to any modification to these Terms, you must stop using the Services. We would like you to check back often to these Terms to confirm that your copy and understanding of these Terms are latest and correct.

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  1. ELIGIBILITY
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    • Finally, you represent and warrant that you will not be using the App for any illegal activity, including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, or other violent activities.
       

    • Notwithstanding the foregoing, GOWISE IOT may not make the Services, in whole or in part, available in every market, either in its sole discretion or due to legal or regulatory requirements, depending on the User’s location.

      By accessing or using the App, you represent and warrant that you are at least 16 years old and have not previously been suspended or removed from the App. You also warrant that you are not in any list of trade or economic sanctions, including but not limited to the UN Security Council Sanctions List. In addition, Gowise may not provide the Services in all countries or regions, and may provide some or no service to users in restricted areas, including but not limited to Cuba, Iran, North Korea, Syria, Sudan, Bangladesh, Bolivia, Ecuador, Kyrgyzstan and the United States of America.

      List of restricted areas may change from time to time. If your territory becomes a restricted area, GOWISE IOT will notify you by email, notification or other means deemed necessary. The contents of this agreement are not subject to your national or regional laws of exclusion. Therefore, if you do not meet these requirements, please do not use our services.
       

  2. ACCOUNT 
     

    • In order to access and use the Services, you must create an account with Gowise (the "Account"). You agree to:
       

      • provide accurate, latest and complete information when creating the Account;

      • maintain and promptly update your Account information to keep it accurate, complete, and up to date;

      • maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer, tablet, or mobile device;

      • promptly notify GOWISE IOT if you discover or otherwise suspect any security breaches related to the App or your Account; and

      • take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
         

    • You must provide us with a valid mobile number as your user ID to create the Account. You agree to keep your email address and/or mobile number on the file with us updated. You may withdraw your consent to receive SMS and/or emails by sending a withdrawal notice to us, understanding that we may suspend or terminate your ability to use the Services.
       

    • You understand and agree that if we send you an electronic communication but you do not receive it because your email address and/or mobile number on file is incorrect or out of date, or because our email and/or SMS is blocked by your service provider or intercepted by your spam filter, or you are otherwise unable to receive electronic communications, we will be deemed to have provided the communication to you regardless.
       

  3. KNOW-YOUR-CUSTOMER (KYC)
     

    • With registration of an Account in Gowise, you agree to share your personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes on Gowise. We will collect, use and share this information in accordance with our Privacy Policy and Personal Data Protection Act 2010.
       

    • In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus 5 years beyond account closing.
       

    • You also authorize us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity or to protect you and/or us against financial crimes such as fraud.
       

    • The identity verification information we request may include, but is not limited to, your: Name, Email Address, Contact Information, Telephone Number, Username, Government Issued ID, Date of Birth and other information collected at the time of account registration. In providing this required information, you confirm that it is accurate and authentic.
       

    • Post-registration, you must guarantee that the information is truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, we shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of the Services if you cannot be reached through the contact information provided.
       

    • You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.
       

  4. PRIVACY POLICY
     

    • Your privacy is important to us. We only share your information with third parties as outlined in our Privacy Policy or as required to do so by law enforcement, court order, or in compliance with identity verification or legal reporting obligations in our sole judgment.
       

    • When we ask for certain personal information from you, it is because we are required by law to comply with global industry regulatory standards including Anti-Money Laundering (AML), Know-Your-Customer (KYC), and Counter Terrorist Financing (CTF) to collect this information or it is relevant for specified purposes such as to be used for user identity authentication or 2FA verification for improved security. Any non-required information you provide to us is done so voluntarily. You decided whether to provide us with this non-required information; you may not be able to access or utilize all of our Services if you choose not to.
       

    • By using Gowise, you consent to the data practices described in this Privacy Policy. On occasion, we may revise this Privacy Policy to reflect changes in law or our personal data collection and use practices. If material changes are made to this Privacy Policy, the changes will be announced by posting on Gowise. We will ask for your consent before using your information for any purpose that is not covered in this Privacy Policy.
       

  5. CONFIDENTIALITY OF THE TRANSMISSION OF INFORMATION
     

    • The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks may not always be secure and is subject to possible loss, interception, or alteration while in transmit.

    • Accordingly, we do not assume any liability, without limitation, for any loss or damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Platform or e-mail with us containing your personal information.

    • While we will take commercially reasonable efforts to safeguard the privacy of the information you have provided to us and will treat such information in accordance with our Privacy Policy; in no event that the information you have provided to us is deemed to be confidential, create any fiduciary obligations for us or result in any liability for us in the event that such information is negligently released by us or accessed by third parties without our consent.
       

  6. RISK DISCLOSURE STATEMENT
     

Gowise provides an execution-only service and does not advise on the merits of any particular transactions or their tax  consequences. As a general matter, Users should be aware of the following prior to utilizing our Services.
 

  • You are responsible for complying with applicable law. You agree that we are not responsible for determining whether or which laws may apply to your transactions, including tax law. You are solely responsible for reporting and paying any taxes arising from your use of the Services.
     

  • You are aware of and accept the risk of operational challenges. Gowise may experience sophisticated cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions in the Service. You understand that the Services may experience operational issues that lead to delays on our platform. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold us accountable for any related losses.
     

  • If at any point GOWISE IOT or Gowise or its representatives do provide recommendations, market commentary, or any other information, the act of doing so is incidental to your relationship with us and imposes no obligation of truth or due diligence on behalf of GOWISE IOT or Gowise or its representatives.
     

  • Gowise is a regulated entity and must comply with applicable law. Applicable law, regulation, and executive orders may require Gowise to, upon request by government agencies, freeze withdrawals or trading (or both), or provide information regarding your Account. Further, our record keeping and customer verification procedures are subject to change at any time as required by law or industry practices. We must comply with the law and you accept any inconveniences to you or other consequences resulting from our compliance.

    7. RIGHTS

    You are not permitted to use the Services for any resale or commercial use including to place transactions on behalf of another person or entity. All such use is expressly prohibited and shall constitute a material violation of these Terms. The content layout, formatting, and features of and access privileges for the Services shall be as specified by Gowise in its sole discretion;
     

    • All rights not expressly granted under these Terms are hereby reserved. Accordingly, you are hereby prohibited from using the Services in any manner that is not expressly and unambiguously authorized by these Terms;
       

    • GOWISE IOT transfers no ownership or intellectual property interest or title in and to the Services or any Gowise intellectual property to you or anyone else in connection with your use of the Services;
       

    • All rights, title and interest in the Services and related software, website, platform and technology, including but not limited to all intellectual property rights are exclusively owned, controlled, and/or licensed by us or our members, parent(s), licensors, or affiliates;
       

    • The rights or interests of the Service shall not be transferred except with the limited license granted by us;
       

    • The Service is protected by copyright and other intellectual property laws. We reserve all rights not expressly granted under these Terms.
       

    • We have the right to inquire, freeze or deduct the items and accounts of the user in the account according to the requirements of the judicial organs, administrative organs and military organs including, but not limited to, public security organs, procuratorial organs, courts, customs and tax authorities;
       

    • The User has the right to modify the individual account of the editable information, choose their own nickname and enter the introductory text, to decide whether to provide non-essential items;
       

    • Users have the right to participate in Gowise network organizations to provide the online and offline activities;
       

    • Users have the right to enjoy Gowise network according to Gowise requirements to provide other types of services;
       

    • We will own any feedback, suggestions, ideas, or other information or materials regarding Gowise or the Services that you provide, whether by email, through the Services or otherwise (the “Feedback”). You hereby assign to us all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
       

    • By accessing the Services, we shall have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to (i) block and close order requests; (ii) freezing your account; (iii) reporting the incident to authorities; (iv) publishing the alleged violations and actions that have been taken; and (v) deleting any information you published that is in violation.
       

If the User has any objection to these Terms or the amendment to these Terms or is dissatisfied with the Services of Gowise; the User may exercise his/her right to stop from using the Services through the customer service and other channels to inform Gowise to stop providing the Services. Once the Services have terminated, the User has no right to use the Services immediately. In this case, we are under no obligation to transmit any unprocessed information or unfinished service to the User or any third party that is not directly related.
 

     8. USER CONDUCT AND OBLIGATIONS
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All the activities that you carry out during the use of the Services will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of Gowise. In connection with your use of the Services, you agree that you will not:
 

  • Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Services;
     

  • Using the Platform to endanger Malaysia's national security, disclosure of Malaysia's state secrets, shall not violate the Malaysia national community and the legitimate rights and interests of citizens;
     

  • Modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Platform, or any portion of the Platform without our prior written consent;
     

  • Provide false, inaccurate, incomplete or misleading information;
     

  • Infringe upon our or any third party’s copyright, patent, trademark, or intellectual property rights;
     

  • Distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters;
     

  • Use a web crawler or similar technique to access our Services or to extract data,
     

  • Reverse engineer or disassemble any aspect of the Platform or Services in an effort to access any source code, underlying ideas and concepts, and algorithms;
     

  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
     

  • Transmit or upload any material to the Platform that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
     

  • Otherwise attempt to gain unauthorized access to Gowise, other Gowise Accounts, computer systems or networks connected to Gowise, through password mining or any other means; or
     

  • Transfer any rights or obligations granted to you under these Terms.

    9.  ANTI-MONEY LAUNDERING AND COUNTER-TERRORIST FINANCING
     

We are committed to providing safe, compliant, and reputable services to identify, detect, prevent, and report on money laundering, terrorist financing, and other improper activities under applicable AML Laws, CTF Laws, Anti-Corruption Laws, and Economic Sanctions Laws (the “applicable Laws”). Accordingly, we insist on a comprehensive and thorough user due diligence process implementation and ongoing analysis and reporting. By agreeing to these Terms, you shall affirmatively certify that you are not a Prohibited Person and are not utilizing the Account for the benefit of a Prohibited Person, and must provide promptly all information requested and necessary to satisfy due diligence requirements and obligations pursuant to the applicable Laws and the compliance policies or procedures of GOWISE IOT or any of its affiliates and its associates.

Additionally, we may assess whether you will make, or intend to make, a deposit, withdrawal, or transfer of fiat or tokens to, from, or through a U.S. Financial Institution, and if applicable, you must provide all information requested and necessary to satisfy due diligence requirements and obligations pursuant to the applicable Laws and the compliance policies or procedures of GOWISE IOT. You agree to provide promptly any documentation, information, or records requested by us at any time, including, but not limited to, a self-certification permitting the determination of tax residence and status Tax Information Exchange Laws. Such information may include, but is not limited to, self-certifications as to beneficial ownership and control. We need to retain certain information, documentation, and records on file pursuant to the applicable Laws and its contractual relationships, and we hereby expressly reserve the right to keep such information, documentation, and records. Additionally, we monitor for and assess suspicious or sanctionable transactions under the applicable Laws, as well as undertakes mandatory reporting to FinCEN, OFAC, FIA, and international regulators. These undertakings shall apply even when you suspend or terminate your relationship with Gowise or abandon your application to have an Account. Our policies apply to any and all transactions on or through Gowise or by any of you, your affiliates, of any of our affiliates and associates.
 

We reserve the right to bar transactions from or to, to undertake enhanced due diligence, or to suspend or terminate the administration of the Services, or the creation or administration of any Account for or with, any User for any reason (or for no reason) at any time, including, but not limited to, the provisions of these Terms, subject to any limitations imposed by the applicable Laws. Without limiting the generality of the foregoing, this includes, but is not limited to, any transfer, transaction, business, or dealing with a:

(i) Sanctioned Person; (ii) Prohibited Jurisdiction or a citizen or resident of, Government or Government Official of, or Person in or subject to jurisdiction of, any Prohibited Jurisdiction; (iii) U.S. Person; (iv) Person from or in any jurisdiction that does not meet international AML–CTF standards (including any jurisdiction identified by the FATF as high-risk, non-cooperative, or strategically deficient jurisdictions, including, but not limited to, Botswana, Cambodia, Ethiopia, Ghana, Pakistan, Serbia, Sri Lanka, Trinidad and Tobago, Tunisia and Yemen); (v) Person that is a Government Official or Politically Exposed Person within the meaning of the FATF’s 40 Recommendations; (vi) Person that presents a risk of any exposure to penalties, sanctions, or other liabilities under AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, or tax Laws that may apply; (vii) Person that we determine is acting in the United States or Territory or Insular Possession of the United States (whether or not by, to, through, or from a U.S. Financial Institution) in violation of, causing any other Person, including, but not limited to, any of the affiliates and associates, to violate, attempting or conspiring to violate, or evading or circumventing these Terms or the applicable Laws; and (viii) Person that fails to meet any user due diligence standards, requests, or requirements of Gowise, or otherwise appears to be of high risk, including, but not limited to, any of the foregoing factors. In lieu of refusing registration, access or ongoing administration of your Account, we may, in its sole discretion, perform enhanced due diligence procedures.

At all times, you may be subject to enhanced due diligence procedures in your use of Gowise and any Service. If you decline to provide requested due diligence information or otherwise do not reply timely or substantively with the documentation or data requested, we have the absolute discretion to suspend or terminate the Services to you immediately.
 

 10. NO TRANSFERABILITY
 

  • While the Account and the Services provided to a User are not transferable under any circumstance and shall be used only by the User. We shall have the right to transfer, assignor sell all the rights, benefits, or obligations to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of Gowise or its lenders, if any.
     

 11. PERMANENT WITHDRAWAL OF SERVICE
 

  • We may (a) suspend or terminate your access to the Services, and (b) deactivate or cancel your Account as required by a valid subpoena or court order, or if we suspect you or others of using your Account in furtherance of illegal activity. You will be permitted to transfer balance associated with your Account for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a valid subpoena or court order.

  • If any transaction is in a pending state at the time your Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate.

  • You may not cancel your Account if we believe in its sole discretion that such cancellation is being performed in an effort to evade an investigation or avoid paying any amounts otherwise due to Gowise.

  • Upon cancellation of your Account, you authorize us to cancel or suspend pending transactions and, after providing electronic notice to you, return the balance associated with such transactions to the bank account you provide to us.

  • In the event that you or we terminate this agreement or your access to the Services, or deactivates or cancels your Account, you will remain liable for all amounts due hereunder.

  • In the event that a technical problem causes system outage or Account errors, we may temporarily suspend access to your Account until the problem is resolved.

    12. REFUND POLICY
     

    • If you need a refund in respect of any fees or payments made towards the Service or any part thereof, please contact GOWISE IOT at admin@gowise.io. Subject to GOWISE IOT’s determining to its satisfaction that your money was wrongly deducted from your Account for Payment by Gowise due to (i) technical error of Gowise where your attempted transaction does not go through; (ii) services purchased in Gowise was not made available, we may refund to your account such money which was wrongly deducted.
       

    • In the event you terminate the Service and you are entitled to a refund, the sum shall be credited to a different Account nominated by you less the bank charges applicable. You shall provide to us all necessary information and documents for the purpose of refund upon request.
       

    • GOWISE IOT reserves its right not to refund any disputed amount to you if we believe you acted in contrary to these Term and Conditions.
       

    • In the event the Service or your Account is ceased, terminated or suspended by us due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013 and/or Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) or any regulation and/or guidelines made thereunder), you shall not be entitled to obtain any refund of the Available Balance whatsoever and it shall be lawful for us to retain for an indefinite period or release to the relevant authorities the Available Balance in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.

      13. INDEMNIFICATION
       

You agree to indemnify GOWISE IOT and its affiliates and service providers and their respective officers, directors, agents, joint ventures, employees and representatives, harmless from all third-party claims, unless it is a separate violation of these Terms by us. Likewise, in addition to your separate breach of these terms, we should indemnify you and your affiliates and service providers and their respective officers, directors, agents, joint ventures, employees and representatives from all third parties Claims for losses.

 14. DISCLAIMER OF WARRANTIES
 

  • Gowise does not guarantee that the service will not be interrupted, the timeliness and the security of service are not guaranteed. We do not bear the responsibility caused by Gowise network.
     

  • We do not guarantee that the information and services in the Platform can fully meet the needs of Users. We assume no liability for errors, insult, defamation, omission, obscenity, pornography, or blasphemy that may occur during the acceptance of the Gowise service.
     

  • We do not responsible for the preservation, modification, deletion or storage of information posted by the User and holds no responsibility for typographical errors, negligence, etc. caused by Gowise unintentionally.
     

  • We reserve the right to remove all information on the Platform that does not comply with the law or agreement, and reserves the right not to notify the User.
     

  • User comments posted by all Users of Gowise represent the User's personal opinion only and does not imply that we agree with its view or confirms its description. We do not assume any liability arising from User comments.
     

  • We will send a formal announcement, station letter, e-mail, customer service phone, SMS or regular mail delivery to Users. We is not liable for any activities or information such as winning, offers and other non-Gowise formal channels.
     

  • We reserve the right to decide the termination of the free promotion period according to the market conditions, such as prepaid, cash withdrawal and transaction fees.
     

  • We do not act as a broker, agent or advisor of any transaction for which you use the Service, and owes you no fiduciary duty.

    14. ARBITRATION
     

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
 

You and GOWISE IOT agree to arbitrate any dispute arising out of or in connection with this Service, unless you and GOWISE IOT do not require arbitration, either party seeks compensation or other relief for the illegal use of copyright, trademark, trade name, logo, trade secret or patent dispute. Arbitration takes precedence over court proceedings or jury trials. You and GOWISE IOT agree that you will notify each other within thirty days of any dispute, and you will attempt to resolve the dispute before submitting any arbitration request. Any arbitration will take place in Malaysia and the arbitration will be conducted by a single arbitrator in a confidential manner.

You and GOWISE IOT also agree that the Malaysia courts have exclusive jurisdiction over any appeals between the parties and any proceedings between parties who are not arbitral to settle. In any arbitration, the parties may not explore each other, and the arbitrators shall not allow the parties to explore each other; on the contrary, the parties shall disclose evidence in support of their positions at the time and date of mutual consent before the final hearing. In addition to the procedures and remedies discussed below, the arbitrators have the right to grant remedies that would also be granted if prosecuted in court. You and we will not participate in any class action or collective arbitration in respect of any claim covered by this clause.

If we are a party to the action, you also agree not to participate in a claim made by a private lawyer or representative, or a common claim involving another person. If it is found that the prohibition of the class action and other claims brought by the third party is not enforceable, the prohibition is deemed to have been removed from the clause and the other articles relating to the arbitration shall continue in force.
 

 15. GOVERNING LANGUAGE AND TRANSLATIONS
 

You agree that these Terms, the Privacy Policy, and other notices posted through the Services have been drafted in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.
 

 16. MISCELLANEOUS
 

  • Independent Parties: We are an independent party and not an agent of you in the performance of these Terms. These Terms shall not be interpreted as evidence of an association, joint venture, partnership, or franchise between the parties.
     

  • Entire Agreement: These Terms constitute the entire agreement between the parties regarding use of the Services and will supersede all prior agreements between the parties whether, written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of these Terms.
     

  • Force Majeure: We shall not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond our reasonable control.
     

  • Severability: If any portion of these Terms are held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
     

  • Waiver: The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
     

  • Third-Party App Disclaimer: Any links to third-party Apps from the Services does not imply endorsement by us of any products, services or information presented therein, nor does GOWISE IOT guarantee the accuracy of the information contained on them. In addition, since we have no control over the terms of use or privacy practices of third-party Apps, you should read and understand those policies carefully.
     

 17. CUSTOMER SERVICE
 

If you have any feedback, complaints or questions, please contact our customer service at admin@gowise.io.When you contact us, please provide your name, mobile number, mobile number and e-mail address and other information that we may need to identify you, as well as the transaction information you are interested in.

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