Effective: July 20, 2024
Thank you for using Wayin AI!
These Terms of Use set the rules for your interaction with Wayin AI and our related services for individuals, including any relevant software applications and websites (collectively referred to as “Services”). By using our Services, you consent to abide by these Terms.
Unless otherwise specified, the terms used below and in any of our other agreements or notices, including our Privacy Policy, shall have the following meanings.
Any use of the above terminology or other words in singular, plural, capitalization, and/or he/she or they are taken as interchangeable and, therefore, as referring to the same.
Our Privacy Policy explains how we collect and use personal information. Although it is not part of these Terms, it is an important document that you should read.
Minimum age. You must be at least 13 years old, or the minimum age required in your country, to consent to use the Services. If you are under 18, you must have your parent or legal guardian's permission to use the Services.
Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else, and you are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
What you can do. Provided you comply with these Terms, you are permitted to access and use our Services. When using our Services, you must adhere to all applicable laws and any other documentation, guidelines, or policies we provide to you.
What you cannot do. You are prohibited from using our Services for any illegal, harmful, or abusive activities. For instance, you may not:
Software. Our Services may enable you to download software, such as mobile applications, which may automatically update to ensure you are using the latest version. Our software may include open source components that are governed by their own licenses, which we have made available to you.
Corporate domains. If you create an account using an email address associated with an organization (e.g., your employer), that account may be added to the organization's business account with us. In such a case, we will notify you to facilitate the transfer of your account (unless your organization has already informed you that it may monitor and control your account). Once your account is transferred, the organization's administrator will have control over your account, including the ability to access Content (defined below) and restrict or remove your access to the account.
Third party Services. Our services may involve third-party software, products, or services ("Third-Party Services"), and certain aspects of our services, such as our browsing feature, may incorporate results from these services ("Third-Party Output"). Third-Party Services and Third-Party Output are governed by their own terms, and we disclaim any responsibility for them.
Feedback. We appreciate your feedback, and by providing it, you consent to us using it without any limitations or compensation to you.
Copyright of Video Content. Our product processes videos from various platform. However, please be aware that all video contentand copyrights belong to the original creators on these platform. We do notclaim ownership of any video content, and users are responsible for adhering to the applicable copyright laws and platform regulations when using our services.
Your content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
Ownership of content. As between you and Wayin AI, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.
Our use of content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
Opt out. If you do not want us to use your Content to train our models, you can contact us through contact@wayin.ai. Please note that in some cases this may limit the ability of our Services to better address your specific use case.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are continuously enhancing our Services to enhance their accuracy, reliability, safety, and usefulness. Due to the probabilistic nature of machine learning, utilizing our Services may occasionally lead to Output that does not precisely represent real individuals, locations, or facts.
When you use our Services you understand and agree:
Billing. When you buy any Services, you must furnish accurate and comprehensive billing details, along with a valid payment method. In the case of paid subscriptions, we will automatically bill your payment method at each agreed-upon renewal interval until you cancel. You are accountable for any applicable taxes, and we will levy taxes as necessary. If your payment cannot be processed, we may downgrade your account or restrict your access to our Services until payment is received.
Cancellation. You have the freedom to cancel your paid subscription at any time. Payments are generally non-refundable, unless mandated by law. These Terms do not supersede any compulsory local regulations concerning your rights to cancel.
Changes. We reserve the right to adjust the prices of our services at any time, including but not limited to subscription fees, usage fees, and other related charges. We will notify you of any price changes at least 10 days before they take effect, either via email or through an in-platform notification. If there is an increase in the service price, you will be notified before the start of the next billing cycle. You have the option to cancel your subscription before the new price takes effect. If you continue to use the service after the new price becomes effective, it will be considered as your acceptance of the new price. If there is a decrease in the service price, the new price will automatically take effect in the next billing cycle, and you will benefit from the reduced rate.
Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:
We reserve the right to deactivate your account if it remains inactive for more than a year and is not associated with a paid subscription. Should this occur, we will notify you in advance.
Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us through contact@wayin.ai.
We reserve the right to terminate our Services. Should this occur, we will notify you in advance and provide a refund for any services that have been paid for but not used.
OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
OUR AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.
YOU AND THE WAYIN AI TEAM AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
MANDATORY ARBITRATION. You and The Wayin AI Team agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by contacting contact@wayin.ai. If you opt out of an update, the last set of agreed upon arbitration terms will apply.
Informal dispute resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice by contacting contact@wayin.ai. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.
Arbitration forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available by contacting contact@wayin.ai). The Wayin AI Team will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.
Arbitration procedures. The arbitration will be conducted by video conference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of San Francisco, California have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.
Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.
CLASS AND JURY TRIAL WAIVERS. You and The Wayin AI Team agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are not allowed. Only individual remedies are available. After arbitration of the underlying and all other claims, any request for public injunctive relief will be severed and litigated in court by the parties. This agreement does not prevent either party from engaging in a class-wide settlement. Both you and The Wayin AI Team knowingly and permanently relinquish any right to a jury trial in any legal action, proceeding, or counterclaim.
Batch arbitration. If 25 or more claimants, represented by the same or similar counsel, submit arbitration demands for disputes that are largely similar within a 90-day period, then you and The Wayin AI Team agree that NAM will manage these in groups of up to 50 claimants each ("Batch"). This applies unless the total number of claimants is fewer than 50, or after grouping, all claimants fit into a single Batch. NAM will handle each Batch as one consolidated arbitration, with a single arbitrator, one set of arbitration fees, and one hearing conducted via videoconference or at a location determined by the arbitrator for each Batch. Should any part of this section be deemed invalid or unenforceable for a specific claimant or Batch, it will be separated and arbitrated in individual proceedings.
Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.
If you believe that your intellectual property rights have been infringed, please send notice to the address below or contact by contact@wayin.ai. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.
Written claims concerning copyright infringement must include the following information:
Assignment. You are not permitted to assign or transfer any rights or obligations under these Terms, and any attempt to do so will be null and void. However, we reserve the right to assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business related to our Services.
Changes to these Terms or our Services. We are continuously working to develop and improve our Services. Accordingly, we may periodically update these Terms or our Services. For instance, changes to these Terms or the Services might be made due to:
We will provide you with a minimum of 15 days' advance notice via email or an in-product notification for any changes to these Terms that significantly affect you negatively. Any other modifications will take effect immediately upon being posted on our website. If you disagree with the changes, you must cease using our Services.
Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as mentioned in the dispute resolution section above, if any part of these Terms is found to be invalid or unenforceable, we will enforce that portion to the fullest extent allowed, and this will not impact the enforceability of the remaining terms.
Trade controls. You are required to adhere to all relevant trade regulations, including sanctions and export control laws. Our Services must not be utilized in, nor benefit, nor be exported or re-exported to (a) any country or region subject to U.S. embargo, or (b) any person or organization that is barred or restricted under applicable trade laws. Additionally, our Services should not be employed for any purposes forbidden by trade regulations, and your input must not contain any material or information that necessitates a governmental license to be released or exported.
Entire agreement. These Terms constitute the complete agreement between you and Wayin AI concerning the Services and override any previous or simultaneous agreements, except for any terms specific to the Services.
Governing law. These Terms will be governed by California law, excluding its conflict of laws rules. Except as stated in the dispute resolution section above, any claims related to these Terms must be filed exclusively in the federal or state courts located in San Francisco, California.