Legal Information

Terms of Service

Last updated: 13 August 2024

Terms of Service & Privacy Policy

Last updated and effective date: 13 August 2024

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE" or "TERMS OF SERVICE" or "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE SERVICES OFFERED BY WHO AI Corp (701 Tillery Street Unit 12-2521 Austin, Texas 78702, United States). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WHO WEBSITE AND ALL RELATED SERVICES.

Definitions

• "Company" refers to WHO AI Corp (701 Tillery Street Unit 12-2521 Austin, Texas 78702, United States).
• "Site" refers to the WHO website, including any related features, content, or applications offered from time to time by the Company.
• "Service" refers to the WHO AI media buying assistant and all related services provided by the Company, including AI-powered tools for nutra affiliate marketing campaigns, media buying optimization, and automated campaign management.
• "User" refers to any individual or entity using the Site or Service.
• "Content" refers to any text, images, code, or other material uploaded to or generated by the Site or Service by Users.
• "Assets" refers to the results and outputs generated by the AI models provided by the Service, including any campaign configurations, ad creatives, or marketing reports.
• "Terms of Use" refers to these terms and conditions governing the use of the Site and Service.
• "License" refers to the permissions granted to Users to use the Site and Service as outlined in these Terms of Use.
• "DMCA" refers to the Digital Millennium Copyright Act.
• "Fees" refers to the subscription or other payments made by Users for access to certain features or levels of the Service.
• "Notice Address" refers to the contact address for the Company, specifically support@who.ai
• "Privacy Policy" refers to the document outlining how the Company collects, uses, and protects User data.
• "Third Party" refers to any person or entity other than the Company or the User.
• "AAA Rules" refers to the American Arbitration Association's Consumer Arbitration Rules.
• "Claim" refers to any dispute, claim, demand, or cause of action that arises between the User and the Company.

Acceptance of Terms of Use

The Service is offered subject to acceptance without modification of all of these Terms of Use and all other operating rules, policies, and procedures that may be published from time to time in connection with the Services by the Company. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by the Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Rules and Conduct

By using the Service, you agree that it is intended solely for the purpose of using an AI media buying assistant to help manage and optimize nutra affiliate marketing campaigns. The Service's capabilities include campaign creation and management, ad creative optimization, automated bidding strategies, performance analytics, integration with advertising platforms and APIs. You acknowledge and agree that when using the Service, you must have the necessary rights and permissions for any content or data you incorporate. You are solely responsible for ensuring that your use of the Service is legal and that you have the necessary rights for any campaigns you manage. The Company is not responsible for any content created or actions taken through the Service and disclaims all liability for any issues arising from the created content or performed actions, including but not limited to copyright infringement, illegal content, advertising policy violations, or any other legal matters.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any Assets, or our models or derivatives of our models) that:

• would constitute a violation of any applicable law, rule, or regulation;
• infringes upon any intellectual property or other right of any other person or entity;
• is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, furthering of self-harm, or profane;
• creates Assets that exploit or abuse children;
• generates or disseminates verifiably false information with the purpose of harming others;
• impersonates or attempts to impersonate others;
• generates or disseminates personally identifying or identifiable information;
• creates Assets that imply or promote support of a terrorist organization;
• creates Assets that condone or promote violence against people based on any protected legal category.

You agree not to use the Service for the purpose of generating illegal or harmful marketing campaigns or content.

User Responsibility for Created Content

You agree not to create any content or perform any actions that are illegal, infringe on the rights of any third party, or violate any applicable law, regulation, or these Terms of Use. The Company reserves the right to remove any content or disable any action that it deems to be in violation of these Terms of Use, at its sole discretion, and without notice. You are solely responsible for any content you create or actions you perform, and you agree to indemnify and hold harmless the Company from any claims, losses, damages, or expenses arising out of or related to your created content or performed actions.

Software License

For the full license terms, please refer to the LICENSE file: LICENSE

Accuracy Disclaimer

The Service is provided for media buying assistance purposes. The analysis and results generated by the AI are not guaranteed to be error-free and should be thoroughly verified before implementing campaigns. Users assume full responsibility for any campaigns created or actions performed using the Service.

DMCA and Takedowns Policy

The Company utilizes artificial intelligence systems to generate content and perform actions. Such generation may unintentionally involve copyrighted material or trademarks held by others. We respect rights holders internationally, and we ask our users to do the same. If you believe your copyright or trademark is being infringed by the Service, please write to support@who.ai and we will process and investigate your request and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.

Fees and Payments

The Company may offer paid Services. You can learn more about our pricing after signing up. You may sign up for a subscription, payable in U.S. dollars, that will automatically renew. You can stop using the Service and cancel your subscription at any time through the website or by emailing us at support@who.ai. If you cancel your subscription, you may not receive a refund or credit for any amounts that have already been billed or paid. The Company reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal.

Unless otherwise stated, your subscription fees ("Fees") do not include federal, state, local, and foreign taxes, duties, and other similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchase and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment or additional evidence that we may reasonably require. If any amount of your Fees is past due, we may suspend your access to the Services after we provide you with written notice of late payment.

Termination

The Company may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Use, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.

Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate. You and the Company agree that any and all disputes, claims, demands, or causes of action ("Claims") that have arisen or may arise between you and us, whether arising out of or relating to these Terms, the Site, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration before a neutral arbitrator, rather than in a court by a judge or jury, in accordance with the terms of this Arbitration Agreement, except that you or we may (but are not required to) assert individual Claims in small claims court if such Claims are within the scope of such court's jurisdiction.

Prohibition of Class and Representative Actions. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

Pre-Arbitration Dispute Resolution. Before commencing any arbitration, you agree to provide the Company with a written notice of Claim, and the Company agrees to provide you with a written notice of Claim to the extent reasonably possible based on the availability of your contact information to the Company. The Notice must describe the nature and basis of the Claim in sufficient detail and set forth the specific relief sought.

Both parties agree that they will attempt to resolve a Claim through informal negotiation within sixty (60) calendar days from the date the Notice is received. If the Claim is not resolved within sixty (60) calendar days after the Notice is received, you or we may commence an arbitration proceeding.

Choice of Law

Any and all Claims shall be governed by the Federal Arbitration Act and the internal substantive laws of Singapore in all respects, without regard for the jurisdiction or forum in which the user is domiciled, resides, or is located at the time of such access or use. Except as provided in the Arbitration Agreement, all Claims will be brought in the federal or state courts in Singapore, and you and the Company each unconditionally, voluntarily, and irrevocably consent to the exclusive personal jurisdiction and venue of those courts.

Links to and From Other Websites

You may gain access to other websites via links on the Site. These Terms apply to the Site only and do not apply to other parties' websites. Similarly, you may have come to the Site via a link from another website. The terms of use of other websites do not apply to the Site. The Company assumes no responsibility for any terms of use or material outside of the Site accessed via any link.

Modification of Terms of Use

At its sole discretion, the Company may modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Trademarks and Patents

All WHO logos, marks, and designations are trademarks or registered trademarks of the Company. All other trademarks mentioned on this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of the Company or their respective owners. Portions, features, and/or functionality of the Company's products may be protected under the Company's patent applications or patents.

Licensing Terms

Subject to your compliance with this Agreement, the conditions herein, and any limitations applicable to the Company or by law:

• you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or personal use;
• you own all Assets you create with the Services, and
• we hereby assign to you all rights, title, and interest in and to such Assets for your personal or commercial use.

Otherwise, the Company reserves all rights not expressly granted under these Terms of Use. Each person must have a unique account, and you are responsible for any activity conducted on your account. A breach or violation of any of our Terms of Use may result in an immediate termination of your right to use our Service.

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its, and its affiliates employees, contractors, directors, suppliers, and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Use or any applicable law, contract, policy, regulation, or other obligation. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in connection therewith.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE, INCLUDING ANY CAMPAIGNS CREATED USING THE AI, OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer

ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE WHO AI MEDIA BUYING ASSISTANT AND ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WHO DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE AI-GENERATED CONTENT, AND USERS ASSUME FULL RESPONSIBILITY FOR ANY CAMPAIGNS CREATED USING THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Age Requirements

By accessing the Services, you confirm that you're at least 18 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms of Use in your country, your parent or guardian must agree to this Agreement on your behalf.

Please ask your parent or guardian to read these terms with you. If you're a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you're responsible for your teenager's activity on the Services. No assurances are made as to the suitability of the Assets for you.

Contact Us

For questions regarding the Service, you can get in touch by emailing us at support@who.ai.