Wisian Terms & Conditions

Acceptance of the Terms & Conditions

Welcome to Wisian. Please read these terms carefully as they govern your use of our website, products, services, applications, and Wisian AI Experts (the "Services"). If you are a Wisian Expert creator (an "Expert Creator"), you are also subject to the Creator's Terms set out below.

If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at: Email: hello@wisian.com

These Terms & Conditions (the "Terms") form a binding contract between you and Wisian Limited ("Wisian," "we" and "us"). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect whilst you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and other relevant policies. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions ("Additional Terms"), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, and resolution of disputes.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our website, send you an email, and/or notify you by some other means.

If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Wisian takes the privacy of its users very seriously. For the current Wisian Privacy Policy, please see our Privacy Policy.

Children's Online Protection

We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at hello@wisian.com.

Creator Terms of Use

Acceptance of Creator Terms

These Creator Terms and Conditions (the "Creator Agreement") set forth the terms and conditions between Creator (as defined below) and Wisian Limited ("Wisian") which govern Creator's access to and use of the Services. Wisian and Creator may be referred to herein collectively as the "Parties" or individually as a "Party."

Services and Support

  1. Subject to the terms and conditions of this Creator Agreement, Wisian will provide Creator with access to the Services through the internet. The Services are subject to modification from time to time at Wisian's sole discretion, for any purpose deemed appropriate by Wisian. Wisian will use reasonable efforts to give Creator prior written notice of any such modification. "Services" means any services Wisian provides, including the creation of AI-driven solutions trained on Creator Content to communicate on the Creator's behalf (the "AI Expert"), which Wisian makes available for businesses and creators to create, use, and/or monetise, and all associated Wisian software, tools, developer services, and documentation.
  2. Wisian will undertake commercially reasonable efforts to make the Services available. Notwithstanding the foregoing, Wisian reserves the right to suspend Creator's access to the Services: (i) for scheduled or emergency maintenance, or (ii) in the event Creator is in breach of this Creator Agreement, including failure to pay any amounts due to Wisian.
  3. Subject to the terms hereof, Wisian will provide reasonable support to Creator for the Services during Wisian's normal business hours.

Creator Data

  1. To create an AI Expert or use any Services, Creator may provide Wisian with certain content, including but not limited to images, voice recordings, videos, movement data, personal likenesses, sensitive personal information such as religious or political views, educational or employment information, business information or financial information. All content provided by Creator into the Services are "Creator Content". Creator represents and warrants that: (a) it owns or has all necessary rights, licences, and permissions to provide the Creator Content to Wisian; (b) all Creator Content provided is accurate and complete; and (c) its provision and Wisian's use of the Creator Content as contemplated under this Creator Agreement will not violate any applicable laws or third-party rights. An AI Expert generated based on Creator Content only is a "Creator AI Expert".
  2. Any content, materials, or results generated by the Creator AI Expert ("AI Expert Output") shall, as between Creator and Wisian and to the extent permitted by applicable law, be owned by Creator. Wisian hereby assigns to Creator all of its right, title, and interest, if any, in and to the AI Expert Output. Creator acknowledges and agrees that it is solely responsible for (a) all uses of the AI Expert Output and (b) evaluating the accuracy and appropriateness of the AI Expert Output for Creator's intended use, including implementing appropriate human review processes. For clarity, Creator retains all ownership rights in the Creator Content used to generate the AI Expert Output.
  3. Subject to the terms and conditions of this Creator Agreement, Creator owns and controls all Creator Content and AI Expert Output (together, "Creator Data").

Restrictions and Responsibilities

  1. Creator shall permit end users ("End Users") to access and interact with the Creator AI Expert through Wisian's platform in such manner as Creator shall determine. Creator shall have sole discretion to decide: (a) the type of AI Expert Output; and (b) any restrictions on AI Expert Output. Creator shall be responsible for all activities occurring under its account, including without limitation any activities of End Users. In the event Creator becomes aware of any End User's use of the Services that may infringe upon the rights of any third party or violate Wisian's Terms & Conditions or the restrictions set by Creator, Creator shall promptly notify Wisian of such use. Wisian shall have sole discretion to determine whether to suspend or terminate any End User's access to the Creator AI Expert upon such notification.
  2. Creator will not, and will not permit any third party to: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover or obtain the source code, object code or underlying structure, ideas or algorithms of the Services; (ii) copy, modify, translate, or create derivative works based on the Services, except as approved by Wisian in writing; (iii) use the Services for timesharing or service bureau purposes or for any purpose other than its own internal use for its own internal benefit and for the benefit of End Users; (iv) remove any product identification, proprietary, copyright or other notices from the Services; (v) use the Services or any AI Expert Output to develop or train a language model or any other machine learning model, or related products or services, or engage in model extraction or stealing attacks; (vi) intentionally or knowingly use or otherwise cause the Services or any AI Expert to generate or develop infringing or illegal content; (vii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws or regulations; or (viii) permit any third party to do any of the foregoing.
  3. Creator hereby agrees to indemnify and hold harmless Wisian against any damages, losses, liabilities, settlements and expenses (including without limitation costs and legal fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Creator Data or Creator's use of Services.

Confidentiality

  1. Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose information relating to the Disclosing Party's technology or business (hereinafter referred to as "Proprietary Information" of the Disclosing Party).
  2. The Receiving Party agrees: (i) not to divulge to any third person any such Proprietary Information, (ii) to give access to such Proprietary Information solely to those employees with a need to have access thereto for purposes of this Creator Agreement, and (iii) to take the same security precautions to protect against disclosure or unauthorised use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information.
  3. For the avoidance of doubt, Creator Data is Creator's Proprietary Information.

Intellectual Property Rights

  1. As between the Parties, Wisian retains all right, title and interest in and to the Services, AI Experts platform, and any and all intellectual property related thereto, including the underlying infrastructures, systems, algorithms, source code, datasets, and any modifications, changes, or derivative works based on or related to any of the foregoing ("Wisian IP"), except for the limited licence granted to Creator to access and use the Services hereunder. For the avoidance of doubt, Wisian IP does not include Creator Data.
  2. As between the Parties, Creator retains all right, title and interest in and to the Creator Data, except that, Creator grants Wisian a non-exclusive, worldwide, royalty-free, sublicensable licence to use, copy, reproduce, distribute, display, modify, commercialise and make derivative works of Creator Data for the purpose of providing the Services to Creator and perform under this Creator Agreement.

Payment of Fees

  1. Wisian Fees. Creator will pay Wisian the applicable fees as set forth on Wisian's then-current pricing schedule. Creator will pay Wisian for additional services, such as add-on services ("Add-Ons"). The applicable fee(s) for the Services ordered by Creator will be presented to Creator prior to Creator's confirmation of the purchase of the Services. Wisian uses a third-party payment processor to bill Creator through a payment account linked to Creator's account. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to the terms of this Creator Agreement. Any payment is non-cancellable and non-refundable, unless otherwise expressly stated by Wisian.
  2. Creator Payments. In the event Creator chooses to monetise the Creator AI Expert, Creator may be eligible to receive fees (the "Creator Payments"). Creator's receipt of Creator Payments is contingent on Creator providing Wisian all information and documentation necessary and appropriate to effectuate payment.
  3. Fees under this Creator Agreement are exclusive of all taxes, including VAT and other applicable taxes. Creator agrees to pay such taxes unless Creator has provided Wisian with a valid exemption certificate.

Termination

  1. In the event of Creator's breach of this Creator Agreement (including any failure to pay), Wisian may terminate this Creator Agreement by giving thirty (30) days prior written notice to Creator; provided, however, that this Creator Agreement will not terminate if Creator has cured the breach prior to the expiration of such thirty-day period.

  2. Upon expiration or earlier termination of this Creator Agreement, Creator shall immediately discontinue use of the Services, including the Creator AI Expert subject to such termination. Creator may elect to have Wisian store Creator Data for a period of six (6) months following termination. If Creator does not elect such storage option, or after the expiration of such six (6) month period, Wisian shall delete all Creator Data.

Software Security

Wisian represents and warrants that it will not knowingly include, in any Wisian software released to the public and provided to Creator hereunder, any computer code or other computer instructions, devices or techniques that intentionally disrupt, disable, harm, infect, defraud, damage, or otherwise impede in any manner, the operation of a network, computer programme or computer system or any component thereof, including its security or user data.

Warranty Disclaimer

THE SERVICES AND WISIAN PROPRIETARY INFORMATION AND ANYTHING PROVIDED IN CONNECTION WITH THIS CREATOR AGREEMENT ARE PROVIDED "AS-IS," WITHOUT ANY WARRANTIES OF ANY KIND. WISIAN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitations of Liability

IN NO EVENT WILL WISIAN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WISIAN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL LIABILITY OF WISIAN, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF (i) TEN THOUSAND POUNDS, OR (ii) THE FEES PAID TO WISIAN IN THE THREE MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED.

Governing Law

This Creator Agreement will be governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction with respect to any disputes arising from or related to the subject matter of this Creator Agreement.

Miscellaneous

If any provision of this Creator Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Creator Agreement will otherwise remain in full force and effect and enforceable. This Creator Agreement is not assignable, transferable or sublicensable by Creator except with Wisian's prior written consent. Wisian may transfer and assign any of its rights and obligations under this Creator Agreement with written notice to Creator.

General Terms for All Users

Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS-IS," WITHOUT ANY WARRANTIES OF ANY KIND. WISIAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitations of Liability

IN NO EVENT WILL WISIAN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. THE TOTAL LIABILITY OF WISIAN WILL NOT EXCEED TEN THOUSAND POUNDS.

Governing Law and Jurisdiction

These Terms will be governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction with respect to any disputes arising from or related to these Terms or the Services.

Contact Information

If you have any questions about these Terms, please Contact Us