Terms of Service

Last Updated: November 21, 2024

1. Agreement to Terms

By accessing or using Wake AI's services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

Wake AI provides a SaaS platform for AI-powered advertising creative generation and campaign management. Our Service includes:

  • AI-driven ad creative generation
  • Competitor analysis and market insights
  • Social media integration and publishing
  • Analytics and performance tracking
  • Customer support and assistance

3. User Accounts

3.1 Account Creation

To use our Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access

3.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activities.

4. Subscription and Payment

4.1 Subscription Plans

We offer various subscription plans with different features and pricing. Subscription fees are billed in advance on a recurring basis (monthly or annually).

4.2 Payment Terms

  • All fees are exclusive of applicable taxes unless otherwise stated
  • You authorize us to charge your payment method automatically
  • Failed payments may result in service suspension
  • No refunds will be issued for partial subscription periods

4.3 Price Changes

We may modify subscription fees with 30 days' advance notice. Continued use of the Service after the price change constitutes acceptance of the new fees.

5. User Content and Intellectual Property

5.1 Your Content

You retain ownership of content you upload to our Service. By uploading content, you grant us a worldwide, non-exclusive license to use, reproduce, modify, and display your content solely to provide and improve our Service.

5.2 Generated Content

Content generated by our AI belongs to you. However, you acknowledge that similar content may be generated for other users.

5.3 Our Intellectual Property

The Service, including its software, algorithms, and design, is our proprietary property. You may not copy, modify, or reverse-engineer any part of our Service.

6. Acceptable Use Policy

You agree NOT to:

  • Violate any laws or regulations
  • Infringe on intellectual property rights
  • Upload malicious code or viruses
  • Attempt to gain unauthorized access to our systems
  • Use the Service for spam or unsolicited communications
  • Resell or redistribute our Service without permission
  • Create false or misleading advertising content
  • Use the Service to generate harmful or offensive content

7. Service Availability and Modifications

We strive to provide reliable service but do not guarantee 100% uptime. We may:

  • Perform scheduled maintenance with advance notice
  • Make emergency repairs as needed
  • Modify or discontinue features at our discretion
  • Update our Service to improve functionality and security

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. We implement industry-standard security measures to protect your data, but we cannot guarantee absolute security. You are responsible for maintaining backups of your important data.

9. Third-Party Services

Our Service may integrate with third-party platforms (e.g., Facebook, Instagram). Your use of these integrations is subject to their respective terms and policies. We are not responsible for third-party services or their availability.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Merchantability and fitness for a particular purpose
  • Non-infringement of third-party rights
  • Accuracy, reliability, or completeness of content
  • Uninterrupted or error-free operation

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAKE AI SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, or consequential damages
  • Loss of profits, revenue, data, or use
  • Business interruption or loss of goodwill
  • Damages exceeding the fees paid in the 12 months prior to the claim

12. Indemnification

You agree to indemnify and hold harmless Wake AI from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any rights of another party.

13. Termination

13.1 By You

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period.

13.2 By Us

We may terminate or suspend your access immediately for violations of these Terms or illegal activities.

13.3 Effect of Termination

Upon termination, you will lose access to the Service and your data may be deleted after a reasonable grace period.

14. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through:

  • Good faith negotiation between the parties
  • Binding arbitration if negotiation fails
  • Governing law of the jurisdiction where Wake AI is registered

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and Wake AI regarding the Service.

15.2 Amendments

We may modify these Terms at any time. Material changes will be notified via email or Service notification. Continued use after changes constitutes acceptance.

15.3 Severability

If any provision is found unenforceable, the remaining provisions will remain in effect.

15.4 No Waiver

Failure to enforce any right or provision does not constitute a waiver of such right or provision.

16. Contact Information

If you have questions about these Terms, please contact us:

PureLiving LTD

Address: 3215 Cherry Plum Way, Castle Rock CO 80104 US

Phone: +1 517 300 4680

Email: support@datawake.ai

WhatsApp: +852 5576 2540

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