Waiheke AI Privacy Statement

Updated March 15, 2024

Effective: March 15, 2024

By engaging with our services, which include our websites (as stated in the Covered Service paragraph), mobile applications, and other offerings (collectively, the “Services”), you’re entering a binding agreement with Waiheke SRL (“we,” “us,” or “Company” or “WAI” or “Waiheke AI”).

This Policy applies to all digital and electronic interactions facilitated by Waiheke AI through our websites, mobile applications, and other services linked to this Policy (collectively, the “Services”).

This Service Agreement covers the following products, apps, and services:

–     https://Waiheke AI.ai

–     https://wai.Waiheke AI.ai

–     https://wai.coach

At Waiheke AI, we collect personal data through your interactions with us, whether directly provided by you or obtained through your use of our Services. This collection is essential for delivering our Services effectively and is guided by your choices, including privacy settings. The scope of data collection depends on the products and features you utilize, and in some instances, providing personal data is a prerequisite for accessing certain services. If mandatory data is withheld, it may impede the use of our Services. Additionally, specific data is collected in compliance with legal obligations or as part of entering into a contract with you.

You consent to the practices described herein by accessing or using our Services. Terms not defined in this Policy are outlined in our Terms of Service.

The information we gather is employed to enhance your experience, improve our Services, and uphold our commitment to provide a secure online environment. We do not sell your personal information to third parties. Our practices include taking special measures for younger users and avoiding third-party advertising, aligning with our mission to offer quality education.

Waiheke AI is dedicated to protecting your privacy and ensuring a secure environment for users of all ages. Our Privacy Policy, integrated with our Terms of Use, details our approach to handling your personal information, emphasizing transparency, accountability, and user control over your data.

This Policy does not cover data processing activities undertaken on behalf of third parties. If your data is processed under the direction of another entity, their privacy policy governs such activities. Please contact the respective entity for discontinuation or rights exercise regarding this data processing.

Your privacy rights are an integral part of our Policy, detailing how you can exercise control over your personal information. For more information on your rights and how to exercise them, please refer to section 4, “Privacy Rights and How to Exercise Them”.

Waiheke AI is committed to securing your personal information employing robust measures to protect against unauthorized access, use, or disclosure. Our commitment extends to all information collected through our Services, ensuring compliance with applicable privacy laws and regulations. We are committed to safeguarding the privacy and security of the information collected from all our users. This section outlines the types of information we may collect from you as you engage with our Services, the purposes for which we use this information, and how we protect and manage it. Our platform is designed with your privacy in mind, ensuring a secure and compliant environment for your educational pursuits.

            1.       Information We Collect

                                 1.1.     Directly Provided Information: When engaging with our services at Waiheke AI, you may provide us with personal information directly, including but not limited to your email address, user name, payment information through our payment processing vendors, and any user-generated content such as chat communications, your Waiheke AI conversations, posted images or other posted documents. This information may be necessary to access certain features of our services—failure to provide the required information to ensure your ability to use our services fully.

                                 1.2.     To help with quality and improve our products (such as generative machine-learning models that power Waiheke AI), human reviewers may read, annotate, and process your Waiheke AI conversations. We take steps to protect your privacy as part of this process. This includes anonymizing your conversations with Waiheke AI before reviewers see or annotate them. Please don’t enter confidential information in your Waiheke AI conversations or any data you wouldn’t want a reviewer to see or Waiheke to use to improve our products, services, and machine-learning technologies.

                                 1.3.     Automatically Collected Information: Our services automatically collect information about your device and how you interact with our services through the use of cookies, web beacons, and other tracking technologies. This includes information such as browser type, operating system, domain name, access times, page views, IP address, unique device identifiers, and the version of our services you are using. This information helps us understand user behavior, personalize preferences, and improve our services. Although most web browsers accept cookies by default, you can set your browser to decline cookies, which may affect your service experience.

                                 1.4.     Professional Background: In the process of job applications, Waiheke gathers professional details such as your work history, credentials, and any additional data in your CV or resume.

                                 1.5.     Interactions with AI Services: Through our AI services, you can input text, documents, or other content (“Prompts”), which then produce tailored responses (“Outputs”). Should your Prompts contain personal data, this information may be collected and reflected in the Outputs. It’s important to highlight that both Prompts and Outputs are managed under strict data retention policies as outlined in Section 16 (“Data Security and Retention Practices at Waiheke AI”), and efforts are made to anonymize these Prompts and Outputs for our use in a controlling capacity.

                                 1.6.     Information from Third-Party Sources: We may receive information about you from third-party sources, such as social media platforms, when you interact with our profiles or when you connect your Waiheke AI account with a third-party account. This information is collected with your permission and may be used to enhance your experience with our services. These technologies, for example, may allow us to tailor the Services to your needs, save your password in password-protected areas, track the pages you visit, help us manage content, and compile statistics about usage of our Services.

Additionally, our services can gather information upon linking your Waiheke AI account with external accounts held on platforms such as social media sites (referred to as “Third-Party Accounts”). This data acquisition is contingent on the permissions you grant. For instance, if you choose to integrate your account with third-party services like LinkedIn, Facebook, Google, or similar, we obtain identifiable details about your account from these external sources. This collected data is then utilized to streamline your interaction with our services. Opting to link your account with a Third-Party Account is entirely voluntary, with the process offering you the option to consent at the point of connection. Should you wish to withdraw this consent at any time, you can do so by accessing the Third-Party Account settings and removing the link to Waiheke AI and via the app settings on your mobile device. It’s important to note that we may keep the information previously collected from you even after disconnection.

                                 1.7.     Use of Collected Information: The information collected by Waiheke AI is used to provide, improve, and personalize the services offered. It enables us to communicate with you, conduct analytics and research, and ensure the security of our platform. We may share this information with third parties for these purposes, which is consistent with our Privacy Policy.

                                 1.8.     Data Protection: We are committed to protecting the privacy and security of your information. We implement robust measures to prevent unauthorized access, use, or disclosure of your personal data. Our privacy practices are designed to comply with applicable laws and regulations.

                                 1.9.     Communication Information: If you communicate with us, we collect your name, contact information, and any messages you send (“Communication Information”).

                               1.10.     Social Media Information: We may have pages on social media sites like Instagram, Facebook, Medium, X(formerly Twitter), YouTube, and LinkedIn. When you interact with our social media pages, we will collect Personal Information that you elect to provide us, such as your contact details (collectively, “Social Information”). In addition, the companies that host our social media pages may provide us with aggregate information and analytics about our social media activity.

                               1.11.     Log Data: Information your browser or device automatically sends when using our Services. Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interact with our Services.

                               1.12.     Usage Data: We may automatically collect information about your use of the Services, such as the types of content that you view or engage with, the features you use, and the actions you take, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, and your computer connection.

As you navigate our Services, we may automatically gather technical information, collectively known as “Technical Information.” This encompasses data such as:

●      Types of electronic network activities, including your specific devices.

●      Your IP address helps us deduce your device’s geographical location.

●      Unique identifiers are tied to your device or advertisements, probabilistic identifiers, and other distinctive online or personal identifiers.

●      Details about your device and its operating system, including settings for time zone and location and the operating system platform.

●      Browser specifics, including the type and version of your browser and the types and versions of browser plugins.

●      Your Internet service provider’s details.

●      The web pages you visit before and after accessing our site, including your browsing and search history and the time and date of your visit.

●      Data on the links you click, the pages you view, and your overall interaction with the Services.

●      The technology of the devices you employ to connect to the Services.

●      Standard information from server logs.

●      In the event of an error on your device, we collect data regarding the nature of the error, the time it occurred, the feature in use at the time, the application’s status during the error, and any content or communication happening at that moment.

This information is sourced directly from your interactions with the Waiheke AI website and indirectly from internet service providers.

            2.       Changes to Privacy Policy:

Waiheke AI reserves the right to update this Privacy Policy to reflect changes in our practices or regulatory requirements. Users are encouraged to review the policy periodically to stay informed about how we protect their information.

            3.       Additional disclosures

This paragraph elaborates on the types of Personal Information we gather, alongside details on how such information is shared.

●     Identifiers: This includes details like your name, contact information, IP address, and device identifiers. We share these details with affiliates, service providers, and vendors for processing, with law enforcement and other entities for legal purposes; with participants in business transactions; administrators of enterprise or team accounts; and with any other parties you authorize.

●      Commercial Information: Information related to your transactions falls under this category. It is disclosed to affiliates, service providers, and vendors for processing purposes; to law enforcement and other entities for legal reasons; to participants in business transactions; and administrators of enterprise or team accounts.

●      Network Activity Information: This pertains to your interactions with our Services and the content you engage with. Such information is shared with affiliates, service providers, and vendors for processing; with law enforcement and other entities for legal reasons; with participants in business transactions; and with any parties you decide to share it with.

●      Geolocation Data: Your geolocation data can be shared with affiliates, service providers, and vendors for processing; with law enforcement and other entities for legal reasons; and with participants in business transactions.

●      Sensitive Personal Information: This includes your account login credentials and payment card details, which are disclosed to affiliates, service providers, vendors, law enforcement, and participants in business transactions for the necessary processing and legal compliance.

This summary is designed to clarify our practices regarding collecting, using, and sharing your Personal Information, ensuring you are informed about how your data is handled.

            4.       Privacy Rights and How to Exercise Them

Under certain local laws, subject to specific exceptions, individuals are granted various rights regarding their Personal Information. These rights include:

●      Right to Know: You can request details about how we process your Personal Information, including accessing the specific pieces of Personal Information we’ve collected about you.

●      Right to Deletion: You can request the removal of your Personal Information from our records.

●      Right to Correction: You can ask for an update or correction of inaccuracies in your personal information.

●      Right to Non-Discrimination: You can exercise your privacy rights without discrimination.

It’s important to note that we do not engage in the “sale” or “sharing” of Personal Information for cross-contextual behavioral advertising as defined by applicable laws, nor do we process sensitive Personal Information to infer characteristics about consumers.

                                 4.1.     Initiating a Privacy Request: Should local laws allow, you can exercise your privacy rights by making a request via privacy@waiheke.ai

                                 4.2.     Verification Process: To safeguard your Personal Information against unauthorized access or alterations, verification of your identity is required for requests to access, correct, or delete your Personal Information. This may involve providing additional Personal Information and proof of residence, especially if there’s no existing account or suspicions of fraudulent activity arise. Failure to verify your identity will result in the inability to fulfill your request.

                                 4.3.     Using Authorized Agents: Requests can also be made through an authorized agent, provided they have written permission to act on your behalf. You’ll still need to verify your identity and provide proof of residency to us directly. Authorized agents should direct requests to dpo@waiheke.ai

                                 4.4.     Appeals: Residents of certain areas may have the right to appeal our decisions regarding privacy rights requests. Appeals can be submitted to dpo@waiheke.ai for review.

            5.       Regional Privacy Disclosures

For residents of the European Economic Area and the United Kingdom, Waiheke SRL is recognized as the “data controller” of your personal data, as defined under the General Data Protection Regulation, holding responsibility for the collection, use, and disclosure of your personal data in compliance with applicable laws. To the extent those laws apply, our legal basis for processing your personal data includes:

                                 5.1.     Contractual Commitments: We process personal data to fulfill our contractual obligations to you, ensuring compliance with agreements made.

                                 5.2.     Consent: We may process personal data based on your explicit consent for specific purposes communicated to you, with the right to withdraw your consent at any time.

                                 5.3.     Legitimate Interests: We process personal data when it serves our legitimate business interests, such as improving our services, security measures, fraud prevention, and addressing legal issues, provided these interests do not infringe on your rights and freedoms.

                                 5.4.     Legal Compliance: We must process personal data to adhere to legal requirements and protect the rights, safety, and property of Waiheke AI, our users, and third parties.

Your personal data may be processed and stored in jurisdictions worldwide through our facilities and servers or disclosed to service providers and affiliates in different locations. Using legally valid mechanisms, we ensure the lawful transfer of personal data across borders.

We also process your personal data with your explicit consent for specific reasons that we will communicate to you. Remember, you have the freedom to revoke your consent at any moment.

You have the right to lodge a complaint with the relevant supervisory authority if you have concerns about our data processing practices. However, we encourage you to contact us first at our designated contact point, privacy@waiheke.ai, including inquiries addressed to our Data Protection Officer, as we are committed to resolving your concerns.

            6.       Managing Your Personal Data

                                 6.1.     To modify or remove your personal information, please contact us at privacy@waiheke.ai. There are instances where we might not be able to entirely delete your data, such as details kept in technical support logs or other essential business documentation. Additionally, we may preserve information that has been anonymized or detached from any personal identifiers, rendering it incapable of identifying you specifically.

                                 6.2.     Without a specific request to delete your data, we will maintain your information for the duration your account remains active or as long as it serves operational needs. For instance, we might keep certain information to deter fraud, for record-keeping, for legitimate business activities, or as mandated by legal obligations. Furthermore, data that has been anonymized or aggregated, ensuring individual identities cannot be discerned, may also be retained. Any personal data we retain will continue to be protected under the provisions of this Privacy Policy.

            7.       Changes to This Privacy Policy

Waiheke AI reserves the right to update or modify this Privacy Policy at any time to reflect changes in our practices or the services we offer, changes in the law, or other reasons we deem necessary. The date of the most recent revision will be indicated within the document to ensure transparency about the currency of our policy.

Should there be any material changes to our Privacy Policy, we will provide notice per legal requirements, which may include posting a notice on our website or sending you a notification directly. We encourage you to review our Privacy Policy periodically to stay informed about how we protect your information and to understand any changes that may affect you. Your continued use of the Services after any changes signifies your acceptance of these changes.

For any questions, or concerns, or if you wish to exercise your rights regarding your personal information, please contact us at privacy@waiheke.ai. We are committed to addressing any queries or complaints you may have regarding our use, collection, or storage of your personal data.

            8.       Detailed Utilization of Personal Information by Waiheke AI

                                 8.1.     At Waiheke AI, the collection and use of personal information are foundational to delivering a personalized, efficient, and secure experience across all our Services. We are committed to transparency in our data practices, ensuring users understand how their information is used to enhance their interaction with our Services. Below is a detailed overview of our practices regarding collecting, using, and managing personal data.

This Policy is not applicable in situations where Waiheke AI functions as a “data processor,” specifically regarding the personal data that we handle, including receiving, processing, storing, or hosting, as part of providing AI services to or via an enterprise customer, except as explicitly stated in this policy. Under these circumstances, the enterprise customer acts as the data controller, and their privacy policy should be consulted for detailed information on how they manage your personal data.

                                 8.2.     We engage with your personal data strictly within the legal permissions granted to us. Typically, our use of personal data is founded on the following justifications as outlined by European data protection legislation (referred to as our “Legal Bases”):

                                 8.3.     Service Provision and Management: Personal data is pivotal in delivering our Services, including maintenance, security updates, troubleshooting, and customer support. It facilitates the execution of transactions and service requests initiated by users. This encompasses sharing necessary data with third parties to provide requested services or complete transactions.

We maintain records of your consent and manage requests about your data subject rights to ensure compliance and responsiveness to your preferences. Additionally, this allows us to process payments for specific parts of our Services, enabling access to their full range of features. Furthermore, it supports our efforts to innovate, develop, and market our current and future products and services, enhancing your experience with our offerings.

                                 8.4.     We leverage personal data to improve existing services and develop innovative features. This continuous enhancement process aims to elevate user experience and introduce new functionalities that meet evolving user needs.

We utilize only the Usage Data you have willingly provided to train our models. We must note that we exclude your Account Information, Payment Information, Contact Details, or Technical Usage Data from the training process.

                                 8.5.     By analyzing usage patterns, preferences, and interactions with our Services, we tailor experiences to align closely with individual user preferences. This personalization extends to making recommendations and customizing content to enhance user engagement and satisfaction.

                                 8.6.     Personal data informs our marketing strategies, enabling targeted advertising and the delivery of promotional communications aligned with user interests. It aids in identifying relevant offers and optimizing our marketing efforts to serve users more effectively.

                                 8.7.     Beyond direct service provision, personal data supports various operational and business analytics purposes. These include performance analysis, compliance with legal obligations, workforce development, and conducting research. Our legitimate business interests, such as improving customer service, promotional activities, and ensuring the security of our Services against potential threats, guide these activities.

                                 8.8.     For analytics and addressing any issues with our products, we gather information about the type of device you use and its operating system, ensuring we meet our contractual commitments to you.

                                 8.9.     When signing into your Waiheke AI account using external services such as Google or Apple, we collect your name and email address linked to those services for authentication and to verify your identity, fulfilling our contractual duties to you.

                               8.10.     To manage subscriptions to Waiheke AI, we employ an external service provider to obtain and handle your payment details. The collected information may encompass your name, billing address, credit or debit card information, telephone number, and email address, which is essential for adhering to our contractual obligations.

                               8.11.     We occasionally invite you to participate in testing new features or surveys aimed at improving your experience with Waiheke AI.. Participation is optional; any data collected during this process is anonymous to ensure privacy.

                               8.12.     Data Processing Justifications: Our processing of personal data is often necessary to fulfill contractual obligations, ensuring the delivery of services you engage with.

                               8.13.     Certain processing activities are based on user consent, notably for purposes explicitly communicated to users. You retain the right to withdraw consent at any time, influencing the cessation of related processing activities. Where you have given us your consent, you can withdraw your consent at any time.

                               8.14.     Handling personal data for these objectives involves combining automated and manual processing techniques. Our automated processes are frequently complemented and enhanced by manual efforts. For instance, to refine and augment the precision of our automated processing tools, such as those involving artificial intelligence (AI), we conduct manual evaluations of specific predictions and insights generated by these tools, comparing them against the original data set. This process of manual scrutiny, aimed at improving technologies like our speech recognition capabilities, is carried out with your consent and involves reviewing anonymized voice data samples. Such reviews are performed by either employees of Waiheke AI or contractors engaged by Waiheke AI for this specific purpose.

                               8.15.     We process personal data to pursue legitimate interests, including service enhancement, marketing, and security. These interests are balanced against users’ rights and freedoms, ensuring no undue impact.

                               8.16.     Processing personal data is sometimes required to comply with legal obligations, safeguard our rights, and protect the safety of our users and third parties.

                               8.17.     We engage in aggregating and de-identifying personal information for broader analytical purposes. This includes enhancing service functionality, conducting market research, and improving AI models. Such processing ensures data cannot readily identify individuals, allowing for its use in a non-personal capacity.

                               8.18.     Our Privacy Policy may be revised to reflect changes in legal standards, our information practices, or service features. Significant updates will be communicated through appropriate channels. Users are encouraged to review the policy periodically to stay informed.

                               8.19.     Users with questions or concerns about our data practices or those wishing to exercise their data rights are encouraged to contact us directly. Our privacy team can be reached at privacy@waiheke.ai, ensuring that user inquiries are addressed promptly and effectively.

                               8.20.     Should we sell or transfer part or all of our business to another entity, your information may be shared with the new owner as part of the transaction, strictly following legal permissions.

            9.       GDPR Compliance and Data Subject Rights in the EU

Under the General Data Protection Regulation (GDPR) applicable to personal data within the European Union, we process such data based on various legal grounds, including:

●      Fulfilling contractual obligations outlined in our Terms of Service or other agreements with you, ensuring the delivery of our services as specified.

●      Processing is based on your explicit consent, which you can retract at any time for marketing activities or any other purposes requiring your consent.

●      Adhering to legal obligations, court orders, or defending legal claims.

●      Pursuing our legitimate interests, such as enhancing, personalizing, and developing the App, marketing new features or products, and ensuring safety and security.

For inquiries or additional information about the legal basis for our data collection and usage practices, please contact us using the contact details provided.

EU residents are granted specific rights regarding their personal data:

●      Access and Portability: You can access and receive your personal information in a standard format, enabling transfer to another data controller.

●      Rectification: You can promptly correct inaccurate or incomplete personal information.

●      Erasure: Under certain conditions, such as when the data is no longer needed for its initial purposes, you can request the deletion of your personal data.

●      Restriction of Processing: In specific scenarios, such as questioning the accuracy of your personal data, you can request a limitation on processing until verification is achieved.

●      Objection: You may object to processing based on your particular situation and reject the processing of your personal data for direct marketing purposes.

You also have the right to lodge a complaint with the appropriate Supervisory Authority, available here. Should you need assistance regarding your rights, contact us using the provided information, and we’ll address your request as per applicable laws. Note that our ability to fulfill these rights might be limited by the need to process data for security, fraud prevention, regulatory compliance, or provide requested services. We will clarify these specifics upon responding to your requests.

        10.       International Data Use and Rights

When you engage with our Services, you acknowledge that your personal data will be processed, stored, and/or accessed by us in Romania and may be shared with our service providers in various locations.

For users in the UK or EEA, we process your personal data based on several legal grounds, including:

●      Contractual Necessities: Your Account Information, Payment Information, Contact Details, Usage Data, and Technical Usage Data are processed to deliver our Services as agreed upon in our Terms of Use. Without this data, we are unable to offer our services to you.

●      Legitimate Interests: We may process your information to support and enhance our Services and operations, which aligns with our or third parties’ legitimate interests. This includes processing account information, contact details, and usage data. We may also anonymize personal data to pursue these interests.

●      Consent: We process specific personal data with your explicit consent, clearly informed to you at the time of collection.

●      Other Legal Bases: Occasionally, we process personal data to comply with legal obligations, protect someone’s vital interests, or perform tasks in the public interest.

To transfer personal data outside the UK or EEA to non-UK or non-EEA third parties, we implement measures to ensure your data is adequately protected. This includes compliance with adequacy decisions from the UK Government or the European Commission or utilizing standard contractual clauses approved for such transfers.

Should you require more details on how we safeguard your personal data during these transfers, please feel free to contact us at privacy@waiheke.ai.

Complaints: If you’re in the UK or EEA and wish to lodge a complaint regarding our data processing practices, you may contact your local Information Commissioner’s Office or the data protection authority in your region. You also have the right to seek legal recourse if you believe your data protection rights have been violated.

        11.       Disclosure and Sharing of Personal Information

                               11.1.     At Waiheke AI, we safeguard your privacy and only share your personal data under specific conditions. We obtain your consent or share data as necessary to fulfill transactions or deliver services you have requested or authorized. Data may also be shared with Waiheke AI-controlled affiliates and subsidiaries, vendors acting on our behalf in response to legal processes to protect our customers, ensure the security of our products, and safeguard the rights and property of Waiheke AI and its customers.

Your information may be disclosed to our affiliates, entities under common control with Waiheke AI, ensuring use in a manner consistent with this policy. Vendors, consultants, and other service providers who require access to such information to perform services on our behalf, including data storage, payment processing, customer support, and marketing services, may also access your information. Additionally, we may share your data to protect Waiheke AI and others, in compliance with legal obligations, during business transfers, or with your consent for specific actions you direct us to take.

While we currently do not engage in advertising, future collaborations with advertising and analytics partners could involve sharing some information to serve in advertisements and provide analytics services. These entities might use cookies and tracking technologies to facilitate targeted advertising and understand online activity.

In the event of a business restructuring, such as a merger, acquisition, bankruptcy, or any other transaction where control of our business is transferred to a third party, either partially or entirely, your personal information collected by us may be transferred as part of the transaction. In such instances, we commit to a concerted effort to inform you before your data is governed by a new set of privacy and security policies.

                               11.2.     Compliance with Legal Obligations: we reserve the right to disclose personal information to third parties as part of these obligations. This disclosure may involve sharing data with entities for fraud prevention purposes. Your personal information, along with details of your interactions with our Services, may be disclosed to governmental agencies, industry counterparts, or other third parties under the circumstances such as: (i) when mandated by law or based on a genuine belief that such action is necessary for legal compliance; (ii) to safeguard and defend our rights or property; (iii) when we, at our discretion, identify a breach of our terms, policies, or legal requirements; (iv) to identify, prevent, or address fraudulent activities or other illegal actions; (v) to ensure the protection, security, and integrity of our products, workforce, users, or the general public; or (vi) to guard against legal liabilities.

                               11.3.     We ensure third parties with access to your data adhere to privacy and security obligations consistent with this policy and applicable laws. Third-Party Links: Our Service may contain links to websites managed by other parties. Clicking on a third-party link means you will exit our platform, and the external site’s privacy policy will be in effect. Likewise, if a third-party site includes a link to our platform, the privacy practices of that external site govern.

Vendors and service providers assisting in our service delivery and business operations, affiliates under shared control, and parties involved in legal processes or business transactions may receive personal information. We will take steps to notify you if privacy policy changes are due to such transactions.

                               11.4.     Our policy restricts selling, renting, or sharing your personal information without explicit updates to this policy, your notification, or obtaining your consent where required. Your interactions within our services could be disclosed to other users or third parties, depending on your use of our features that allow sharing.

Additionally, we might share information that has been aggregated or de-identified, ensuring it cannot be used to identify any specific individual reasonably. This means we may distribute data in a form that is either collective or anonymized, preventing the identification of individuals from the information shared.

        12.       Transferring Personal Data

Your personal data might be relocated to servers located in the United States or to other nations outside of the European Economic Area (EEA) and the United Kingdom (UK) when you utilize our website or Services. This transfer could be a direct submission of your data to us or through a third party (referred to as a “Transfer”).

For data moved outside of the EEA or the UK to countries not recognized by the European Union Commission or under UK data protection law for having adequate data protection, there might be a risk of less stringent data protection measures. To safeguard such Transfers, we commit to protecting your personal data using mechanisms approved by the EU Commission and/or UK data protection law, such as standard contractual clauses or Binding Corporate Rules, as relevant.

Should you wish for more information on this matter or to request a copy of the protective measures implemented, please contact us at privacy@waiheke.ai.

        13.       Managing Your Personal Data and Your Rights

                               13.1.     At Waiheke AI, we empower you to make informed decisions about the collection and use of your personal data. You can manage the personal data that Waiheke AI has collected and exercise your data protection rights by contacting us directly or using our various tools.           You have the option to deactivate your account via your account profile page. Additionally, you can confirm, amend, refresh, or remove specific information details through the same account profile page.

However, please be aware that certain limitations may apply to your ability to access or control your personal data, as dictated by applicable law, and these capabilities may vary depending on the products you utilize. For instance:

●      You can opt-out of personalized advertising by visiting our designated opt-out page.

●      You can opt out of receiving promotional materials via email, SMS, WhatsApp, Linkedin, Telegram, phone calls, and postal mail.

Not all personal data processed by Waiheke AI can be managed via these tools. If you wish to access or control unavailable personal data through these means, you are encouraged to contact Waiheke AI using the provided contact information or web form.

                               13.2.     We provide you with several choices regarding the collection, use, and sharing of your information. This includes:

●      Deactivating your account or modifying your information through your account profile.

●      Unsubscribing from marketing communications via the instructions in those communications.

●      Opting out of cookie-related and analytics processing as outlined in this Policy.

Entitlements Regarding Your Information: Local legislation may grant you specific rights concerning your personal data. Based on your location, you might have the right to ask us to:

●      Share details about the types of personal information we gather or share about you, including the origins of such data, the purpose behind collecting it, and the unaffiliated entities with whom it is shared.

●      Grant access to or provide copies of the information we possess about you.

●      Halt the use of your data for direct marketing objectives, including profiling that influences direct marketing.

●      Correct any outdated or inaccurate data.

●      Obtain access to and details on the processing of your Personal Information.

●      Erase your Personal Information from our database.

●      Correct or refresh your Personal Information.

●      Limit the processing of your Personal Information.

●      Revoke any previously given consent for processing your Personal Information at any point where consent is the basis for processing.

●      Challenge how we handle your Personal Information.

●      File a grievance with the local authority overseeing data protection.

●      Erase specific data we have about you.

●      Limit our processing and sharing of specific data about you.

●      Transfer your data to a service provider of your choice.

●      Exclude you from personal data processing that impacts significant decision-making, if relevant.

●      Withdraw your permission for us to process your data.

You might have the option to appoint an authorized representative to submit these requests on your behalf. For us to recognize an authorized agent, you must give them a signed, written authorization or power of attorney. We might contact you to confirm your identity before proceeding with any requests made by your authorized agent, as the law allows.

Be aware that some data might not be covered by these requests under certain legal conditions. For instance, we may need to keep some information to comply with legal obligations or ensure our Services’ integrity. Removing specific data upon your request may mean you can no longer access our Services.

Should we not fulfill your request, and where it’s applicable by law, you may have the right to challenge our decision. We will inform you how to pursue such an appeal in our response to your request.

We are dedicated to respecting your privacy and giving you choices and control over your personal data. Whether you create an account, disclose information to third-party services, or manage your account settings, we encourage you to review these settings regularly.

Subject to applicable laws, you may have various rights regarding your personal data, including the right to know, access, delete, correct, object to processing activities, withdraw consent, and request data portability.

Waiheke AI does not sell your personal data or engage in targeted advertising using your personal data. For any web browsers offering a “Do Not Track” option, please note that we currently do not alter our data collection practices in response to such signals.

To exercise your rights or for any inquiries regarding your personal data, you or your authorized representative can contact us directly at privacy@waiheke.ai. We aim to verify and honor your requests under legal requirements, ensuring your privacy and security are maintained. Upon receipt of your request, we may seek additional information to authenticate your identity. Should we not fulfill your request, you retain the option to challenge this decision by reaching out to the same email address.

At Waiheke AI, we recognize the importance of your personal data and are committed to processing it transparently, securely, and under your rights. Our approach to data management and your rights is designed to ensure you have the necessary information and control over your personal data, reflecting our commitment to your privacy and compliance with applicable laws.

Please be aware that services like ours, which are based on OpenAI API, generate replies by analyzing a user’s input and predicting the subsequent most probable words. However, the predictions may not always align with factual accuracy. Consequently, we advise against relying on the factual correctness of the responses generated by our models. Should you encounter any factual inaccuracies in our output concerning your personal information, we welcome correction requests via privacy@waiheke.ai. Due to the intricate nature of our models’ operations, it might not always be possible to amend inaccuracies.

If you are a consumer located in the European Economic Area (EEA), EEA consumer legislation grants you the right to cancel your agreement to these terms within 14 days of acceptance, in accordance with the EU’s Model Instructions for Withdrawal.

        14.       Cookies, Web Beacons, and Similar Technologies Usage

At Waiheke AI, we utilize cookies, web beacons, and analogous technologies to enhance your experience and gather information for various legitimate purposes. These small text files and tracking technologies are crucial for storing preferences, enabling sign-in functionalities, providing interest-based advertising, fraud prevention, and analyzing product performance, among other uses. Our services, including those offered by Waiheke AI apps, may employ identifiers like advertising IDs for comparable objectives.

Our platforms may incorporate or allow data collection through web beacons, cookies, or similar technologies by our affiliates, partners, and third-party service providers to support service delivery on our behalf. This encompasses a range of third-party cookies, such as those for social media engagement, analytics to understand and improve website usage, advertising cookies for relevant ad delivery, and essential cookies necessary for website operations. We seek your consent where required for non-essential cookies or for facilitating communications.

You possess several tools to manage the data collected by these technologies. Browser controls allow you to restrict cookie use and withdraw consent by clearing or blocking cookies, thereby influencing how websites can utilize them.

Furthermore, our use of cookies extends to managing the Services, customizing your experience, and enabling the analysis of service utilization for improvement. Strictly necessary cookies facilitate access and ensure safety, while analytics technologies aid in optimizing service delivery by evaluating user interactions. Technical information, such as visited pages and interaction times, are collected to enhance service functionality.

Most modern browsers offer settings to manage cookie preferences and privacy settings. For guidance on adjusting these settings, refer to your browser’s “help” menu or visit online resources like http://www.aboutcookies.org/how-to-control-cookies. Be aware that disabling cookies may impact your ability to enjoy our Services fully.

Additionally, we engage with third-party web analytics services, like Google Analytics, to analyze service usage. These services collect information in the manner described above, which is then used to evaluate your interaction with our Services. For those wishing to prevent Google Analytics from using their data, the Google Analytics Opt-Out Browser Add-on is available.

        15.       External Links and Third-Party Interactions

                               15.1.     Our Services may feature hyperlinks to and integrations with websites, applications, and services that Waiheke AI does not operate. These links and integrations are provided for your convenience and do not constitute an endorsement of third-party activities or an affiliation with their operators. Our Privacy Policy extends solely to the personal information we collect or receive as outlined herein, and we do not assume responsibility for any personal information collected, stored, or used by these third parties. Each third-party website or service operates under its own privacy policy and terms of service, which we advise you to review carefully before submitting any personal information.

Regarding communications, Waiheke AI or our designated vendors and service providers may email you about our products, services, or those we believe might interest you. While you can opt out of receiving promotional emails through an unsubscribe link provided in these emails, it is impossible to opt out of receiving essential non-promotional communications related to your account, such as verification, feature changes, or security updates.

It’s important to note that our provision of links to third-party sites, including social media platforms, does not imply our control over or endorsement of their content, privacy practices, or policies. Interactions with these third-party sites or services, including but not limited to employment applications or social media engagements, will result in your information being governed by the privacy policies of these third-party entities, not by Waiheke AI.

We encourage direct contact with these third-party sites for detailed information on their privacy practices and policies. We aim to offer these links to enhance your experience with our Services. Still, we stress the importance of your discretion and the review of third-party privacy policies to ensure informed interaction with external sites and services.

                               15.2.     Data Collection from Minors: Our Terms of Service clearly state that our Services are not intended for children and young individuals below 16 years of age, and we do not intentionally gather their personal information.

Individuals under 16 should refrain from creating an account or engaging with our Services. Should we discover that personal information from someone under 16 has been collected through our Services or other means, we commit to promptly removing such data from our records.

Waiheke AI is committed to protecting the privacy of young users. Our Services are not intentionally designed for or directed at children under the age of 16, in alignment with our Terms of Service. Should a user under these age thresholds attempt to register for our Services or an account inadvertently, we will take the necessary steps to block such registrations or seek parental or guardian consent before usage.

When we discover that personal information has been collected from a child under the age of 16 without verifiable parental permission or from any minor under the age established by relevant laws, we will remove such information from our records and terminate any corresponding accounts.

We urge parents and guardians to monitor their children’s online activities and to instruct their children never to provide personal data on our Services without their permission. If you become aware that a child under the age of 16 has provided us with personal information, please contact us immediately at privacy@waiheke.ai so we can take appropriate action.

        16.       Data Security and Retention Practices at Waiheke AI

At Waiheke AI, safeguarding your personal information is paramount. We employ a comprehensive approach to protect the data we collect, utilizing technical, administrative, and physical measures to mitigate risks of loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Despite our efforts, the inherent vulnerabilities of internet and email transmissions mean that the absolute security of your data cannot be guaranteed.

Our commitment extends to employing encryption for your personal information both in storage and during transit across the public internet and employing organizational and technical safeguards designed to protect your privacy and security. We encourage our users to take proactive steps in safeguarding their personal information, including selecting non-identifiable usernames, creating strong passwords, and being cautious about the information shared online.

The transmission of personal information via the internet to our website is done at your own risk. Upon receipt of your data, we enforce strict procedures and security features to prevent unauthorized access. The duration for which we retain your personal information is strictly limited to the necessary period for the purposes for which it was collected and processed, including but not limited to providing our services, complying with legal obligations, resolving disputes, and enforcing our legal rights.

We recognize that no security system is infallible. In the event of a security breach, we are prepared to take reasonable steps to investigate and address the situation, including notifying you under applicable laws and regulations.

Our data retention period is influenced by several factors, such as the purpose of data collection and use, legal and regulatory obligations, and the necessity of protecting our business and services. We ensure that your personal information is retained only as long as necessary to provide our services for legitimate business purposes and comply with our legal obligations.

Your trust in Waiheke AI is of utmost importance, and we are committed to transparency and responsibility in managing your personal data with the highest standards of security and privacy.

Services Agreement

Introduction to Terms of Service
Welcome to our Services Agreement. Understanding the mutual expectations between you and us as you utilize our services is crucial. This document outlines critical aspects such as your rights, our responsibilities, changes to services or terms, limits on liability, and the agreement to resolve disputes through arbitration rather than court. Your access and use of our services imply acceptance of these Terms. If you disagree, you should refrain from using our services.

Covered Services:
This Service Agreement covers the following products, apps, and services:
– https://Waiheke AI.ai
– https://wai.Waiheke AI.ai
– https://wai.coach

Acceptance and Binding Agreement
By engaging with our services, which include our websites (as stated in the Covered Service paragraph), mobile applications, and other offerings (collectively, the “Services”), you’re entering a binding contract with Waiheke SRL (“we,” “us,” or “Company” or “WAI” or “Waiheke AI”). This contract is governed by these Terms of Service (“Terms”), encompassing your legal rights and obligations. Acceptance occurs through account creation, direct service usage, or continued use after updates to these Terms. It’s vital to review these Terms thoroughly.

These Terms apply to all users, including individuals and entities. If using the services on behalf of an entity, you confirm your authority to bind the entity to these Terms. This agreement includes all referenced policies and conditions, including our Privacy Policy. By using our services, you agree to these Terms and commit to comply with relevant laws and regulations. Non-compliance or disagreement with these Terms revokes your right to use our services.

1. General
1.1. This Agreement constitutes the entire understanding between you and Waiheke AI regarding your use of our Services, overriding any previous agreements. You cannot assign these Terms without prior written consent from Waiheke AI, while Waiheke AI reserves the right to do so. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor business entity associated with our Services.
1.2. The Services are subject to change for reasons including, but not limited to, legal and regulatory requirements, security enhancements, and the incorporation of new technologies. We will notify you at least 30 days before any material changes that could adversely affect you through email or in-product notifications. Minor changes will become effective immediately upon posting to our website.
1.3. Suppose a provision of these Terms is deemed invalid or unenforceable by a court. In that case, efforts will be made to maintain the intent of the original provision, and all remaining provisions will remain in effect.
1.4. Failure by Waiheke AI to enforce any right or provision of these Terms does not constitute a waiver of such right in the future. Claims related to the use of our Services must be filed within one year from the occurrence of the cause of action.
1.5. Expiration of Claims. You agree that regardless of contrary statutes or laws, any claim arising from using our Services or related to these Terms must be filed within one year of the claim or cause of action, or it will be barred.
1.6. Notices may be delivered to you via email or regular mail, and important updates or changes may also be communicated by displaying notices on the Services. Your continued use of the Services after any modifications indicates your acceptance of those changes.
1.7. Governing Law, Jurisdiction, and Venue: These Terms are governed by Romanian law, excluding conflicts of law rules. Any disputes or claims between you and Waiheke AI shall be subject to the exclusive jurisdiction of the Romanian courts. Both parties agree that all proceedings shall be conducted in the Romanian language, and both parties agree to submit to the personal and exclusive jurisdiction of these courts for any claims related to these Terms.

2. Privacy Policy
2.1. Your Privacy and Data Use: Our commitment to your privacy is paramount. The Privacy Statement, accessible via the provided link, details the nature of data we collect from you and your devices, including but not limited to communications, postings, files, photos, documents, audio, digital works, videos, and other content (“Your Content”) you provide through the Services. It outlines our practices regarding the use, processing, and legal bases for handling your Data and Your Content. Acceptance of these Terms implies consent to our data handling practices described in the Privacy Statement, in compliance with applicable laws.
2.2. Certain personal information related to your service use may be collected, and your account information is anonymized before sharing it with third-party LLM providers and developers for service enhancement. Sharing sensitive personal information with bots is optional. Refer to our Privacy Policy for detailed insights into our privacy practices and third-party collaborations.
2.3. By using our Services, you agree to our privacy practices. We will notify you of any policy or practice changes as required by law, ensuring you are informed and retain control over your personal information.

3. Content Ownership and Use
3.1. By engaging with Waiheke AI’s Services, you agree to these terms, acknowledging your responsibilities and Waiheke AI’s rights regarding content use, intellectual property, and the provision and improvement of the Services.
3.2. 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.” By engaging with the Services, you acknowledge and agree to these terms regarding your content, affirming your rights and responsibilities and Waiheke AI’s rights to use and manage such content within the scope of providing and enhancing the Services.
3.3. Your Content remains under your ownership, and you are responsible for it. By using the Services to share Your Content, you grant Waiheke AI and others permission to use, reproduce, broadcast, transmit, and display Your Content worldwide as necessary for the purpose it was provided without compensation to you. You warrant that you have all the required rights to Your Content and that its use will not infringe on any laws or rights of others. Waiheke AI does not claim ownership but is granted a worldwide, royalty-free license to use Your Content to provide, protect, and improve the Services, which may include sharing Your Content broadly online or in promotional materials.
3.4. Rights and Permissions: You represent and warrant that you either own or have all necessary permissions for the content you submit to the Services. Upon submission, you grant Waiheke AI a non-exclusive, worldwide, royalty-free license to use, distribute, and otherwise exploit this content in any form or medium, extending these rights to others as necessary for the operation and improvement of the Services. This includes the right for Waiheke AI to modify, delete, or otherwise manage content at its discretion, in compliance with the law and these Terms.
3.5. Responsibilities and Limitations: You are responsible for ensuring your content complies with laws and regulations. AI-generated content should be used for personal, non-commercial purposes, with adherence to articles “4 Content Use and Service Evolution”  and “5 Code of Conduct and Content Responsibility”.
3.6. Content Sharing and Use by Waiheke AI: The Services may allow you to upload, submit, store, send, or share your content. You are not obliged to provide content but should ensure you have the right to do so lawfully. Waiheke AI reserves the right to use Your Content and any generated bots to improve the Services, respond to legal requirements, enforce Terms, and promote security. Using the Services, you grant Waiheke AI a worldwide, non-exclusive, royalty-free license to utilize Your Content as described, including for promotional purposes and service improvement.
3.7. Similarity of Content: Due to the nature of AI, output may not be unique, and users may receive similar output from the Services.
3.8. Content, Intellectual Property, and Use of Services: By using Waiheke AI’s Services, you acknowledge that such services may contain content or features protected by intellectual property laws. Unauthorized use, including data mining, scraping, or similar data-gathering methods, is prohibited. If access to the Services is blocked, circumventing such measures is not permitted. The Waiheke AI trademarks and logos are protected trademarks. Use of these without prior written permission is strictly prohibited, except as allowed by these Terms. All goodwill generated from using Waiheke AI trademarks exclusively benefits Waiheke AI.
3.9. Rights and Restrictions: You grant Waiheke AI the right to use your content for service provision, subject to applicable privacy laws. This license is perpetual and irrevocable, subject to compliance with applicable privacy laws.
3.10. Content Responsibility and Accuracy: You are responsible for your User Content and must ensure it does not violate any laws or these Terms. When using the Services, be aware that outputs may not always be accurate and should not be relied upon as the sole source of truth. Review outputs for accuracy and appropriateness before use, and avoid using outputs for decisions that could significantly impact individuals.
3.11. Feedback and Improvements: Feedback on the Services is welcomed and may be used by Waiheke AI to improve or enhance the Services without obligation or compensation to you.
3.12. Legal Compliance and Content Removal: Waiheke AI may remove content violating terms or deemed objectionable. Your submissions are non-confidential and may be used for purposes including legal compliance. We may preserve and disclose content if legally required or to protect safety and rights.

4. Content Use and Service Evolution:
By using Waiheke AI’s Services, you acknowledge and accept these terms, recognizing the dynamic nature of our digital offerings and the inherent uncertainties in AI-generated content.
4.1. By interacting with a coach/trainer created by Waiheke AI, you grant Waiheke AI a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to use, modify, and exploit the coach/trainer content in any form or medium, including for facilitating user interactions and promoting the Services. You understand that AI-generated content can be unpredictable and may not always be accurate or appropriate; any reliance on such content is at your own risk.
4.2. Waiheke AI reserves the right to modify digital content, services, and goods, including features, functionalities, and usage limits, and may introduce new services or phase out old ones for various reasons, such as technological advancements, user engagement, legal compliance, or addressing safety concerns.
4.3. You acknowledge and agree to the following regarding your use of Waiheke AI’s services: Users acknowledge that bots accessed through Waiheke AI should not be relied upon in emergencies and may not always provide accurate and up-to-date information. It is your responsibility to independently verify any responses or advice they provide. Waiheke AI makes no guarantees about the accuracy of bot-generated information and disclaims any liability for unexpected outcomes, errors, or loss resulting from using its services. Access to Waiheke AI and its bots is not guaranteed, and they are provided “as is.”

5. Code of Conduct and Content Responsibility:
5.1. By utilizing Waiheke AI’s Services, you commit to uphold a responsible code of conduct in your interactions and content submissions. You bear sole responsibility for all content you submit to the Services.
You agree not to submit any Content that:
– Violates Legal Standards:
● Engages in illegal activities or encourages such actions.
● Infringes on intellectual property or other proprietary rights without authorization.
– Exploits or Harms Vulnerable Groups:
● Exploits, harms, or threatens to harm children.
● Engages in activities that could lead to the exploitation or endangerment of minors.
– Displays Inappropriate Content:
● Contains nudity, bestiality, pornography, offensive language, graphic violence, self-harm, or criminal activity.
● Promotes hate speech, discrimination, or violence based on race, ethnicity, gender, religion, age, or any other characteristic.
● Glorifies self-harm, including self-injury, suicide, or eating disorders.
● Constitutes sexual harassment or sexual exploitation, including imagery or content related to child sexual exploitation.
– Violates Privacy or Data Protection Rights:
● Compromises the privacy of individuals without their consent.
● Involves unauthorized sharing or processing of personal data.
– Involves Harmful or Malicious Actions:
● Contains software viruses or any code intended to disrupt, damage, or limit the functionality of any software or hardware.
● Promotes or engages in phishing, fraud, scams, or similar harmful deceit.
– Constitutes Unlawful Commercial Activity:
● Constitutes unsolicited or unauthorized advertising, promotional materials, or any solicitation.
● Involves commercial activities and sales without our express permission.
– Disrupts the Service’s Operation:
● Interferes with or disrupts the Services, servers, or networks connected to the Services.
● Seeks to probe, scan, test the vulnerability of, or circumvent security measures of the Services.
– Misrepresents or Misleads:
● Is defamatory, libelous, knowingly false, or intended to mislead others.
● Impersonates any person or entity or falsely states an affiliation with a person or entity.
– Promotes Illegal or Harmful Conduct:
● Furthest or supports criminal activity.
● Seeks to buy or sell illegal drugs or substances.
– Violates Ethical or Moral Standards:
● It is considered in the sole judgment of Waiheke AI to be objectionable or restrict others from using the Services.
● This may expose Waiheke AI or its users to harm or legal liability.
5.2. By agreeing to these terms, you commit to maintaining the integrity and safety of Waiheke AI’s Services content ecosystem, ensuring a respectful and legal interaction for all users.
The Services should not be used for any illegal purposes, to violate any local, regional/state, national, or international laws, to interfere with or disrupt the Service’s security features or other users’ enjoyment of the Services, or to disseminate harmful code or content.
You agree not to submit any Content or engage in actions that:
– Interfere with Service Operation:
● Engage in denial-of-service attacks (DoS) or distributed denial-of-service attacks (DDoS) aimed at overwhelming the service infrastructure.
● Manipulating or disrupting service functionality through automated scripts, bots, or other means places an unreasonable load on the service’s infrastructure.
– Compromise Service Security:
● Probe, scan, or test the vulnerability of the service without explicit permission, aiming to identify weaknesses or gain unauthorized access.
● Circumvent, disable, or otherwise interfere with security-related features of the service, including features that prevent or restrict the use or copying of any content.
– Unauthorized Access and Tampering:
● Access, tamper with, or use non-public areas of the service, the Waiheke AI computer systems, or the technical delivery systems of Waiheke AI’s providers.
● A breach or attempt to breach any security or authentication measures deployed by the service to protect its resources and user data.
– Malicious Code Distribution:
● Upload, distribute, or otherwise make available any material that contains software viruses, worms, Trojan horses, or any other malicious code designed to interrupt, destroy, or limit the functionality of computer software, hardware, or telecommunications equipment.
– Service Disruption for Other Users:
● Intentionally interfere with or damage the operation of the service or any user’s enjoyment of it by any means, including uploading or spreading spam, malware, or harmful content.
● Engage in any activity that slows down or disrupts the regular operation of the service, affecting service availability to other users.
– Unauthorized Network Monitoring or Sniffing:
● Monitor data or traffic on the service network without permission.
● Use any system, device, or procedure to intercept or monitor data or traffic on the service network without authorization.
– Introduction of Harmful or Unwanted Content:
● Introduce or disseminate content that may harm the service’s users or operations, including phishing links, dangerous software, or misleading information that could damage users’ systems or data.
– Exploitation of Service Features:
● Abuse, exploit, or otherwise manipulate service features or functionalities that harm the service, its users, or their data.
● Use the service in a way that deliberately degrades its performance or availability for others, including overburdening the service’s infrastructure beyond reasonable usage patterns.
– Represent that Output was human-generated when it was not.
– Use Output to develop models that compete with Waiheke AI.
Waiheke AI reserves the right to investigate and take necessary action against any violations of these Terms, which may include content removal, suspension or termination of accounts, and reporting to law enforcement authorities as deemed appropriate. Compliance with these guidelines ensures all service users have a safe and respectful environment.

6. Account Creation, Usage, and Management:
6.1. To access the Services, you must create a Waiheke AI account.
The Services are inaccessible to: (A) individuals who have been previously suspended or removed from the Services by Waiheke AI, and (B) individuals under the age of 16 (or below the age of legal consent in their country) without the endorsement of a parent or legal guardian for their registration.
6.2. Child Users:
– Age Requirement: It is a prerequisite that individuals seeking to access this service are of a minimum age of 16 years or older, or have attained the legal age of consent in their respective country if such legal age surpasses the age of 16 years.
– Account Creation: Requires consent and approval from a parent or legal guardian.
– Parental/Guardian Review: Users between the ages of 16-18 or the legal age of majority must have a parent or legal guardian review and agree to these Terms.
– Registration Process: Child Users starting registration without a Parent User may face restrictions until a parent or legal guardian approves the account.
6.3. Your Registration Obligations: When you register to use the Services, you agree to provide accurate and complete information about yourself. If you are under 16 years old, do not sign up for the Services – you are not authorized to use them.
Account creation and management:
– To create an account with Waiheke AI, if registering for an entity, you confirm that you are authorized to bind the entity to these Terms.
– You are responsible for the confidentiality of your account details and all activities under your account.
– Active account status requires at least one log-in every two years; failure to do so may result in account closure.
– If unauthorized access to your account is suspected, it may be suspended until ownership is verified.
– “Child Users” require parental or guardian consent to use the Services, with the understanding that the parent or guardian assumes responsibility for the minor’s use and compliance with these Terms.
– You can close your account any time through the specified process, with a temporary suspension option for 30 or 60 days. Closing your account will terminate your access to the Services, and we will delete or dissociate any related data or content except as required by law.
– For certain Service features, account registration is necessary. You must keep your password confidential and notify Waiheke AI support immediately if your account security is compromised.
– You may be liable for losses incurred by Waiheke AI or others due to unauthorized use of your Services account.
6.4. Integrated Services Access: You can connect your Waiheke AI account with external social networking or integrated services (Integrated Services), such as Google and LinkedIn. Using an Integrated Service to register for or access the Services, you authorize Waiheke AI to access and store information from your Integrated Service account as outlined in our Privacy Policy. You must also comply with the terms and conditions of the Integrated Service for using the Services through it. You can revoke Waiheke AI’s access to your Integrated Service account at any time through the Integrated Service’s account setting.
6.5. When using the Services through a Third Party Account, you affirm that you have the necessary rights and authorizations, granting us access to specific information from such accounts for use by the Services. Review your settings on each Integrated Service to understand what information is shared with us and how you can modify these settings. Any Integrated Service used is considered a Reference Site, and you are fully responsible for your interactions with it through the Services. Waiheke AI is not liable for the operations of any Integrated Service, and you should review their privacy policy and terms to understand their procedures.
6.6. International Use:
● Waiheke AI operates primarily from Romania. By accessing our Services from locations outside Romania, you consent to the collection, transmission, use, storage, and processing of your content and data (including personal information) within/and from Romania.
● You are responsible for ensuring compliance with local laws, regulations, and rules in your jurisdiction. For child users (see section 6.2), parental consent is required for account creation and agreement to these Terms, where mandated by local law.
● Parental consent must be provided by a parent, legal guardian, or an individual authorized under local laws. We do not guarantee that our Services are appropriate, legal, or available outside the European Union. Access to our Services is prohibited in jurisdictions that would be illegal or conflict with Romanian laws or regulations, including Applicable Privacy Laws.
6.7. Content Moderation and Enforcement: Our Services employ safety systems, including automated and human reviews, to protect against spam, fraud, and content that violates our policies. While we strive to keep the Services safe, we cannot monitor everything and rely on users to report violations. We reserve the right to remove content or restrict access to the Services if violations occur. This includes but is not limited to, removing offensive content, suspending accounts, or terminating services.
6.8. Software Usage: The Services provided may enable you to download various software, including mobile apps, which are designed to update automatically, guaranteeing you have access to the most current version. Included within our software may be open-source components, each subject to their respective licenses, details of which are made accessible to you
6.9. Usage and Storage Guidelines: By using the Services, you recognize that Waiheke AI sets forth general guidelines and limitations regarding how the Services are utilized. This encompasses defined limits on how long your data or any other content can be stored within the Services and caps on the storage space provided to you on Waiheke AI’s servers.
6.10. Service Notifications and Responsibilities: We will communicate important information about the Services through various means, including email, SMS, or in-product messages. By using the Services, you agree to receive such notifications. It’s also your responsibility to procure any necessary equipment or data plans for using the Services and bear the associated costs. At its sole discretion, Waiheke AI reserves the right to cease offering the Services, or any aspect thereof, at any moment, with or without prior notification. By agreeing to these Terms, you understand and consent to the possibility that your access to the Services could be terminated without advance notice. You also recognize that Waiheke AI has the right, though not the obligation, to promptly deactivate or delete your account along with all associated information and files and to restrict further access to those files or the Services. Terminating your account or access to any part of the Services does not affect Waiheke AI’s rights to your Content. Additionally, you acknowledge that Waiheke AI bears no responsibility towards you or any third party should your access to the Services be terminated.
6.11. Termination and Modification of Services: Both parties can terminate Services anytime. Data is erased or anonymized upon termination, with efforts to minimize disruption, barring any legal requirements to retain it. Always ensure you have backups of your content. We also reserve the right to modify or discontinue the Services or any part thereof, with or without notice, to minimize disruption to our users. If you have accidentally deleted your account, contact us immediately at support@waiheke.ai– we will try to help, but unfortunately, we can’t promise to recover or restore anything.
6.12. General Terms and Acceptance of Changes: By using the Services, you accept these Terms, which form the agreement between you and Waiheke AI. We may update these Terms over time to reflect changes in our services, legal requirements, or for other reasons. We encourage you to review these Terms periodically. Your continued use of the Services after any changes signifies your agreement to those changes.
Specific provisions are designed to remain in effect even after the expiration or termination of these Terms, ensuring continuity and protection of both parties’ rights and obligations. These include, but are not limited to, sections related to Feedback, Your Content, Termination, Disclaimers and Limitation of Liability, and General provisions. Additionally, any terms that inherently extend beyond termination, such as your indemnification obligations, our warranty disclaimers, limitations on liability, intellectual property rights, and licenses, and dispute resolution mechanisms, will persist. This ensures that essential legal and protective measures continue to govern our relationship post-termination.

7. Third-Party Websites and Services
Our Services may facilitate interactions with or access to third-party applications, websites, and services, including integrated software, products, or features. Before engaging with or linking your Waiheke AI account to Third-Party Services, review their terms and privacy policies separately. Waiheke AI does not grant intellectual property licenses for Third-Party Services, and your use of them is at your own risk. Waiheke AI expressly disclaims responsibility for any loss, damage, or other liabilities arising from your use of Third-Party Apps and Services, including any content, products, or services they offer.
Additionally, our Services may include links to or enable the use of third-party websites, services, or products not owned or controlled by Waiheke AI. Accessing these links or using third-party services carries risks for which Waiheke AI is not liable. Despite providing these links, Waiheke AI does not endorse the content or services of third-party sources. Your interactions with these entities are solely your responsibility, and we recommend conducting due diligence before engaging with them.
Using Waiheke AI’s Services, you acknowledge and consent to these terms regarding third-party interactions and our limited responsibility for third-party content.

8. Service Modifications, Availability, and Terms Updates:
8.1. Our Services, including third-party applications, may encounter disruptions or accessibility limitations based on geographical region or device. Changing your account location may require reacquiring previously accessible materials. Accessing or using services or materials that are not legally permitted or licensed in your current location or attempting to disguise or misrepresent your location or identity to access such services or materials is strictly prohibited.
8.2. While we strive for Service reliability, online services may experience occasional disruptions. Waiheke AI is not liable for losses due to interruptions. To mitigate such risks, we advise regularly backing up your content and data stored through our Services or third-party apps and services.
We reserve the right to modify these Terms at any point and will notify you of such changes. Continuing to use the Services after changes signifies your acceptance of the revised terms. If the new terms are not acceptable, you should cease using the Services and, where applicable, close your Waiheke AI account. This also extends to minors under your guardianship.
8.3. Updates to our software or Services may be required to continue their use, and we may automatically or manually initiate these updates. Although we are not obligated to provide updates, we do not guarantee support for the system version you may have purchased initially or licensed. Updates may not be compatible with third-party software or services, and you have the right to discontinue future software updates by uninstalling the software.
There may be occasions when we need to modify, discontinue, or cease providing a Service or access to third-party apps and services. We also hold the discretion to alter or modify parts of these Terms at any time, with changes being posted online and effective no earlier than 14 days after posting, except when changes are made for legal reasons or to introduce new Service functions, which will be effective immediately. Your continued use of the Services after any changes take effect confirms your acceptance of the new Terms.
8.4. EEA Consumer Withdrawal Guidelines: For consumers within the European Economic Area (EEA), effective from May 28, 2022, EEA consumer legislation affords you the option to cancel this agreement as outlined in the EU’s standardized withdrawal instructions provided below.
Withdrawal Right: You can cancel this contract within 14 days for any reason. This cancellation period concludes 14 days after the contract’s initiation date.
How to Withdraw: To initiate the withdrawal process, you need to inform us about your decision to cancel this contract through a clear statement (this could be, for example, a letter sent via post or email). You can reach out to us via email at account-withdrawal@waiheke.ai, call us at +……, or send a letter to Petofi Sandor street  no 53, Miercurea Ciuc, Harghita, Romania, PO 530210. You may also use the provided model withdrawal form, although it is not mandatory.
Deadline for Withdrawal: To adhere to the withdrawal deadline, you must dispatch your notification about exercising the withdrawal right before the 14-day period ends.
8.5. Upon your cancellation of this contract, we commit to refunding all payments we have received from you promptly and certainly within 14 days following the date we are notified of your decision to cancel. The refund will be processed using the original payment method you utilized for the transaction unless you expressly agree to a different method. Rest assured, you will not be charged any fees for the refund process. Please note, however, that any bank charges incurred for receiving this refund will be your responsibility.
8.6. Withdrawal Form Template
(Please fill out and submit this form solely if you intend to cancel the contract)
● To account-withdrawal@waiheke.ai, or send a letter to street Petofi Sandor no 53, Miercurea Ciuc, Harghita, Romania, PO 530210
● I wish to cancel my service contract for the following: _____________ formally
● Date of order: _____________
● Consumer’s name: _____________
● Consumer’s address: _____________
● Consumer’s signature (required only for paper submissions): _____________
● Date: _____________

9. Software License and Usage Rights:
9.1. Upon agreeing to these Terms, we grant you a non-exclusive, worldwide license to use one copy of the software per device, intended for use by a single person at a time as part of your engagement with the Services. This includes software that may incorporate or offer third-party code, where such third-party code is licensed to you under its own terms, not by Waiheke AI, with any third-party notices provided solely for your information.
The software provided to you is licensed and not sold, and Waiheke AI reserves all rights not explicitly granted, whether by implication, estoppel, or otherwise. Under this license, you are prohibited from: circumventing protection measures of the software or Services, disassembling, reverse-engineering, or otherwise attempting to derive source code, separating components for use on multiple devices, or engaging in unauthorized publication, distribution, or alteration of the software. This license also forbids the transfer of software or service access rights and mandates compliance with all applicable laws, including but not limited to trade regulations.
9.2. Furthermore, the Services may feature or include materials owned by Waiheke AI, protected by copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. These materials, intended for personal, non-commercial use, must not be exploited for commercial gain without prior written consent from Waiheke AI. Determining “non-commercial” use is based on the nature of the usage rather than the user, ensuring that the licensed content remains within the intended scope of use.
You are also granted a non-transferable, limited license to use, reproduce, and create derivative works from Waiheke AI Materials in accordance with these Terms and any applicable laws or regulations. It’s crucial to understand that our services, including software, may not be copied, modified, distributed, sold, or leased in any form.
We reserve the right to use, display, modify, and redistribute materials to provide and enhance the Services, including developing and operating our artificial intelligence and machine learning models. Certain services may include software under open-source licenses, which may supersede parts of these Terms, emphasizing the importance of reviewing these licenses carefully.
By utilizing the Services, you accept these conditions, acknowledge your responsibilities and the scope of rights granted for using our software and services, and ensure a clear understanding of your obligations and the limitations of this license.

10. Payment Terms
10.1. Upon engaging with our Services requiring payment, you are subject to these payment terms, which acknowledge your agreement. You are responsible for any charges associated with parts of the Services, payable in the specified currency. The price stated for the Services excludes all applicable taxes and currency exchange settlements unless otherwise indicated. Prices for our paid products are inclusive of applicable taxes, which are your responsibility to pay, and you must not circumvent geographical restrictions or misrepresent your location to access the Services illegally. Failure to promptly fulfill payments that may lead to service suspension or cancellation, potentially losing access to your account and its content.
You must provide a valid payment method for charges, authorizing Waiheke AI to process payments and update account information as needed. Keeping your payment details current is essential for transaction completion and communication.
By supplying a payment method, you confirm your authorization to use said method and that all provided payment information is accurate, allowing Waiheke AI to charge you regularly for the Services or content, including subscription services. Charges may occur in various manners, including in advance, at the time of purchase, or shortly after that, and for recurring subscriptions, according to the agreed-upon schedule, until you or Waiheke AI terminate the subscription. Subscription cancellations must occur before the next billing cycle to prevent further charges.
10.2. Waiheke AI provides an online billing statement exclusively, requiring notification of any billing errors within 25 days for correction. Our refund policy states that all purchases are final and non-refundable unless mandated differently by law or in the case of billing errors. Service cancellation is allowed at any time but may be subject to specific conditions outlined during the purchase, including potential access loss or obligation for charges incurred before cancellation.
Trial and promotional offers must be canceled within the specified period to avoid charges. Price changes for Services will be communicated in advance, and we will give you at least 30 days’ notice. Any price increase will take effect on your next renewal, so you can cancel if you do not agree to the price increase.
When Waiheke AI owes you a payment, accurate and timely information provision is required for processing, subject to applicable laws and deductions for overpayments.
Bank accounts registered as payment methods must be eligible for direct debits or similar transactions, with you authorizing Waiheke AI to initiate debits for purchases or subscriptions and credits for refunds or corrections. This authorization remains until you remove your bank account information from your Waiheke AI account.
For paid accounts, billing information must be complete and accurate, including a valid payment method for automatic renewal charges. Price changes will be communicated, with increases effective upon your next renewal, providing an opportunity for cancellation if you disagree with the new terms.
While some parts of the Services are provided at no cost presently, we hold the option to implement charges for specific services or potentially all services going forward. Prior to instituting any fees for Services you’re utilizing, we’ll inform you accordingly. Should you decide to maintain access to these Services post-notification, you must settle any relevant costs associated with their continued use.

11. Contracting Entity, Choice of Law, & Location for Resolving Disputes
11.1. Under the governing law and dispute resolution framework outlined in these Terms, you agree to the following:
The interpretation and enforcement of these Terms, along with any disputes arising from or related to your use of the Services, whether tied to alleged breaches, the Services themselves, or transactions between you and Waiheke AI, will be governed by the laws of Romania, irrespective of its conflicts of law principles. It is agreed that any disputes or claims between you and Waiheke AI will be addressed individually through the court system, following the specifics of this Agreement, thereby excluding the possibility of class actions or representative proceedings. Both parties consent to bring claims solely in their individual capacity and not as plaintiffs or class members in any purported class or representative action. The court may only provide relief to the individual party seeking it and only to the extent necessary to satisfy that party’s individual claims.
Before escalating to court proceedings, we strongly encourage you to contact us directly at support@waiheke.ai to seek an amicable resolution to any disputes. Before legal action, both parties are encouraged to seek resolution directly. A Notice of Dispute must be sent if unsuccessful, allowing 60 days for informal resolution.
Waiheke AI reserves the right to make future changes to these Terms, with immediate effect upon notification. You have 30 days to reject changes, in writing, maintaining the original agreement, or accept the new terms.
11.2. Disputes under these Terms or related to the Services must be resolved individually in court, without class actions. This ensures disputes are handled through individual legal proceedings.
These provisions outline the resolution of disputes with Waiheke AI, emphasizing individual court proceedings under Romanian law and the process for addressing grievances and accepting future changes to the Terms.

12. Warranties
12.1. AI and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Waiheke AI and all such parties together, the “Waiheke AI Parties”) MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS CONCERNING YOUR USE OF THE SERVICES, OFFERING THEM ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND THERE IS NO GUARANTEE OF ACCURACY, TIMELINESS, UNINTERRUPTED SERVICE, SECURITY, OR ERROR-FREE EXPERIENCE, NOR IS THERE A GUARANTEE AGAINST POTENTIAL LOSS OF CONTENT. We acknowledge that technology and telecommunications systems can occasionally fail, leading to downtime. While you may have specific rights under local law, we aim not to alter those rights with these Terms. Furthermore, to the extent local law allows, we exclude any implied warranties, including merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement.
You affirm, declare, and commit that your contribution of User Content and your interaction with the Services will not (i) infringe upon, violate, or unlawfully use another’s intellectual property, privacy, publicity rights, or other legal rights; (ii) breach any international, state, or local laws, ordinances, or regulations, or place Waiheke AI in a position of violating any laws or regulations, including but not limited to, Applicable Privacy Laws (“Applicable Law”); (iii) be harmful, fraudulent, intimidating, abusive, harassing, tortuous, defamatory, crude, obscene, slanderous, or otherwise constitute Prohibited Conduct as outlined in Section 5 of these Terms; or (iv) compromise the security of your account or the Services in any manner, such as sharing your account details with others or introducing User Content that carries viruses. Furthermore, you assert, guarantee, and agree that (i) you hold all necessary rights to submit your User Content and endow the Company with the rights described in these Terms; (ii) your use of the Service will adhere to all relevant laws.
Waiheke AI and its licensors, suppliers, partners, and affiliated entities expressly disclaim any warranties regarding the Services, including the materials accessed through them. We bear no liability for the legal compliance, accuracy, or decency of material within the Services or for any claims or damages arising from your use of the Services or any products or services developed in connection with them. You assume full responsibility for all risks associated with using the Services and any actions taken under your account. We do not endorse or guarantee the quality of services or products recommended or offered through the Services. All services and results provided by Waiheke AI and its suppliers are without any form of warranty, whether express or implied. Certain jurisdictions may not allow limitations on implied warranties, so these exclusions may not apply to you.
12.2. For consumers based in the European Economic Area (EEA) who have accepted our Terms of Service, EEA consumer law grants you a statutory warranty on the digital content, services, or goods we supply. This warranty makes us responsible for any non-conformity you may find at any point during the ongoing provision of digital content or services. It’s possible that your local legislation may extend this warranty period even further. These statutory rights are not affected by any additional warranties we might offer. Please contact us if you wish to submit a warranty claim.
Dispute Resolution and Applicable Law: Please refer to our contact page for details on contacting us. If you reside in or represent an organization from the EEA or Switzerland, the terms and your relationship with us under these terms and any specific additional service terms are subject to the laws of your country of residency. You have the right to bring legal actions within your local jurisdiction. For consumers in the EEA, we are open to direct communication to resolve any issues. Although the European Commission provides an Online Dispute Resolution platform, please note that we are not obligated to participate in this or any other alternative dispute resolution mechanisms.
12.3. For consumers residing in Australia: The Australian Consumer Law grants you certain guarantees that cannot be excluded. Should there be a significant failure with the service, you have the right to:
● Terminate your agreement with us and receive a refund for the portion of the service not used or compensation for its diminished value.
● Additionally, you can obtain a refund or replacement for major failures with goods. For failures that are not considered significant, you are entitled to have the issue fixed promptly. If the problem is not resolved within a reasonable timeframe, you are entitled to cancel the service contract and a refund for any part of the service that was not used.
12.4. For consumers in New Zealand: You may be entitled to certain statutory rights under the New Zealand Consumer Guarantees Act. These Terms are not designed to override or limit those rights.

13. Limitation of Liability and Damages
13.1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Waiheke AI AND ITS AFFILIATES, RESELLERS, DISTRIBUTORS, THIRD-PARTY APPS AND SERVICES PROVIDERS, AND VENDORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES, OR CONDITIONS CONCERNING YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.”
These terms only limit our responsibilities as allowed by applicable law. These terms don’t limit liability for fraud, fraudulent misrepresentation, death, or personal injury caused by our willful misconduct. Other than the liabilities described above, Waiheke AI is liable only for its breaches of these terms or applicable service-specific additional terms, subject to applicable law.
We cannot assure continuous access to any bots, features, or services provided by Waiheke AI or through WAI. As we strive to introduce new features, incorporate bots, and enhance Waiheke AI, we reserve the right, at our sole discretion and without prior notice to you, to modify or discontinue features or bots, restrict their use or availability altogether (or only in specific locations or for certain users) if they pose a risk to Waiheke AI, Waiheke AI users, third-party bot providers, or if they no longer align with our business strategy or for any other reason. Furthermore, we cannot promise that your interaction with Waiheke AI will be free from errors, interruptions, or service outages. We accept no liability for any errors, interruptions, or outages you may experience.
Waiheke AI does not guarantee the accuracy or timeliness of the Services. You may have certain rights under your local law. Nothing in these Terms is intended to affect those rights if they are applicable.
IN NO EVENT WILL Waiheke AI OR ITS AFFILIATES, RESELLERS, DISTRIBUTORS, THIRD-PARTY APPS AND SERVICES PROVIDERS, AND VENDORS BE LIABLE for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Waiheke AI has been advised of the possibility of such damages), arising out of or in connection with the Services or these Terms. Furthermore, Waiheke AI is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond Waiheke AI’s reasonable control (such as labor disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order).
To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
13.2. To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall any of the Waiheke AI parties be liable to you or any other person for:
a. the use or the inability to use the Services;
b. your sharing with any third party of any Content;
c. unauthorized access to or alteration of your transmissions or data;
d. any indirect, special, incidental, punitive, or consequential damages of any kind (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction;
e. any substitute goods, services, or technology;
f. any matter beyond our reasonable control.
WAIHEKE AI OR A WAIHEKE AI PARTY HAS ADVISED THAT EVEN IF DAMAGES ARISE OUT OF OR RELATE TO (I) THE TERMS; (II) YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR THE WAIHEKE AI OFFERINGS, OR (III) ANY OTHER INTERACTIONS WITH WAIHEKE AI OR ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE WAIHEKE AI OFFERINGS, IN NO EVENT WILL WAIHEKE AI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF: (i) USD$42.00 or (ii) the amount you paid Waiheke AI (if any) in the aggregate over the amount paid by you to Waiheke AI in the twelve (12) months before the action giving rise to the liability in connection with your use of the services.
Waiheke AI’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
Should you be entitled to compensation for any damages, including those resulting from a breach of these Terms, as allowed by relevant law, your sole recourse shall be to obtain direct damages from Waiheke AI or its affiliates, resellers, distributors, third-party applications, and services providers, and vendors, capped at the total of your service fees for the month in which the damage or breach took place, or up to a maximum of USD$7.00 for services provided without charge.

14. The foundation of the Agreement:
You acknowledge the disclaimers and liability limitations outlined in these Terms, which establish a balanced risk allocation between you and Waiheke AI, forming the foundation of this agreement. However, Waiheke AI’s liability is not excluded for losses that cannot be lawfully limited. Certain jurisdictions may not allow such exclusions, particularly for incidental or consequential damages. These limitations apply regardless of whether the possibility of such damages has been advised.
THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF Waiheke AI OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Indemnity and Release
15.1. You agree to indemnify and hold harmless Waiheke AI and its affiliates and their respective officers, employees, directors, and agents from all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, and costs, from any claims, liabilities, damages, losses, and expenses arising from your use of the Services, including any violations of these Terms or applicable laws.
15.2. Interactions Between Users and Release of Liability: Waiheke AI is not responsible for user actions or content. You release Waiheke AI from any claims arising from disputes with other users. This release covers various types of damages and waives specific legal protections. Although we retain the right, we do not commit to intervening or taking part in disputes among users.
15.3. Relinquishment of Legal Claims: Should disputes arise with one or more users, you release us (and the Waiheke AI Parties) from all forms of claims, demands, and damages, whether direct or indirect, and whether they are known or unknown to you, that stem from such disputes. This release covers claims for lost profits, goodwill, usage, privacy, or data losses. For residents of US-California, you waive your protections under California Civil Code §1542, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.” For residents outside of California, you waive any similar legal protections to the fullest extent that the law permits.
Residents of jurisdictions other than US-California waive any comparable statutory or doctrinal rights.
Exclusive to business users and organizations:
– By applicable law, you agree to indemnify Waiheke AI and its directors, officers, employees, and contractors against any legal actions initiated by third parties (which include governmental agencies) stemming from or connected to your illegal usage of the services or violation of these terms and any additional terms specific to the service. This indemnification obligation encompasses all liabilities and expenses resulting from claims, losses, damages, judgments, fines, costs of litigation, and attorney’s fees.
– For entities or organizations, this indemnity extends to third-party claims arising from your or your users’ use of the Services and Content or any breach of these Terms. This includes indemnifying Waiheke AI and its personnel from costs, losses, liabilities, and expenses arising from such claims.
15.4. By agreeing to these Terms, you commit to indemnify, defend, and hold harmless the Waiheke AI Parties from all losses, damages, liabilities, demands, judgments, settlements, costs, and expenses arising from (i) your use or misuse of the Services; (ii) any breach or alleged breach of these Terms; (iii) your failure to comply with applicable laws, including but not limited to, those concerning intellectual property, privacy, or publicity rights, whether by you or by any third party using your account; (iv) any products or services developed, produced, marketed, or distributed by you in connection with the Services; or (v) any interaction, agreement, or policy between you and any other Users.
Waiheke AI reserves the right to assume exclusive defense and control of any matter subject to indemnification by you at your expense, and you agree to cooperate with Waiheke AI’s defense of such claims. You agree not to settle any matter without Waiheke AI’s prior written consent. Waiheke AI will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

16. Service-Specific Terms
Your use of specific services is subject to the general and additional service-specific terms, including minimum age requirements.
Precedence of Terms: In case of conflicts between general and service-specific terms, the latter prevail.
a. “AI Services” refer to services identified or described by Waiheke AI as incorporating, utilizing, powered by, or constituting an Artificial Intelligence (“AI”) system.
i. Prohibition on Reverse Engineering: You are forbidden from employing AI Services to deconstruct any aspect of the models, algorithms, or systems, such as attempting to identify and extract model weights.
ii. Restrictions on Data Extraction: You cannot employ methods like web scraping, web harvesting, or web data extraction to retrieve data from the AI Services unless explicitly authorized.
iii. Limitations on Data Usage from AI Services: The AI Services, or any data derived from them, must not be used to create, train, or enhance (directly or indirectly) any other AI service.
iv. Handling of Your Content: While providing AI Services, Waiheke AI will process and store inputs you provide to the service and outputs generated by the service, aiming to monitor for and prevent any abusive or harmful use or outputs of the service.
v. Liability for Third-Party Claims: You bear full responsibility for addressing any third-party claims related to your usage of the AI Services in adherence to applicable laws, including but not limited to claims of copyright infringement or other issues about content produced during your engagement with the AI Services.
b. Communications Related to Service: Waiheke AI may send service announcements and other relevant information. Refer to the Privacy Policy for details on communication.
c. Health Advisory: Waiheke AI does not offer medical or any other form of healthcare guidance, diagnoses, or treatments. It’s essential to consult with your doctor or a qualified healthcare professional for any medical inquiries or concerns you may have, including questions about diets, fitness, or any mental or wellness programs. Do not ignore professional medical advice or postpone seeking it based on the information obtained from or through the Services.
d. Psychological Wellness Advisory: Waiheke AI does not provide psychological counseling, mental health services, or any form of psychotherapy. For any concerns related to your mental or emotional well-being, including stress management, mood disorders, or any psychological issues, it is crucial to consult with a licensed mental health professional or a clinical psychologist. Do not disregard professional psychological advice or delay seeking it because of information you have accessed through the Services. Always prioritize guidance from qualified mental health practitioners for assessments, diagnoses, and treatment plans tailored to your individual needs.
e. Financial Advisory: Waiheke AI is not a broker/dealer or a registered investment advisor under the securities laws of Romania, the European Union, or other jurisdictions and does not provide recommendations regarding the purchase, sale, or investment in securities or other financial instruments. The content provided through the Services should not be construed as an offer or solicitation for the purchase or sale of any financial instrument. Furthermore, Waiheke AI and its data licensors do not endorse or recommend any specific financial products or services. The Services are not intended to provide investment, tax, or other professional advice.
f. Feedback Provision: Should you decide to offer feedback, including suggestions for enhancing our services, we reserve the right to implement your feedback at our discretion without any obligations to you. While you are not required to, if you do provide suggestions, comments, or any form of feedback (“Feedback”), you, as a result of this, grant us a non-exclusive, global, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to utilize, apply, and capitalize on the Feedback in any manner we deem fit.

17. Intellectual property rights
17.1. While we grant you the right to utilize our services, we maintain all intellectual property rights associated with the services.
Waiheke AI acknowledges the importance of intellectual property rights and expects its users to honor these rights as well. Should you suspect that your work has been reproduced in a manner that infringes on your copyright, or if you believe your intellectual property rights have been infringed in any other way, it is advised to inform Waiheke AI through the prescribed procedure.
To report intellectual property concerns, contact us at:
Waiheke SRL, Petofi Sandor street  no 53, Miercurea Ciuc, Harghita, Romania, PO 530210
Claims of copyright infringement must contain the following details:
● A signature of an authorized individual representing the copyright owner.
● Detailed information about the allegedly infringed material.
● The location of the infringing material on our website.
● Your contact details: address, telephone number, and email address.
● A declaration that the use of the material is unauthorized.
● A certification from you that the information provided in your notice is accurate and that, under the threat of perjury, you are either the copyright owner or have been authorized to act on their behalf.
We reserve the right to remove or restrict access to infringing content and terminate accounts of repeat infringers as necessary.
17.2. Trademark: This agreement does not grant trademark licenses. Neither party can use the other’s names, marks, or logos except for standard use in describing and redistributing Waiheke AI materials. Any use of our trademarks requires prior written authorization.
You are prohibited from assigning or transferring these terms, or your services account without explicit prior written consent from Waiheke AI. However, Waiheke AI reserves the right to transfer or delegate these terms and its rights without requiring permission. Initiating legal action against Waiheke AI based on intellectual property infringement will result in the termination of licenses provided under this agreement. You also agree to defend Waiheke AI against third-party claims from using or distributing Waiheke AI materials.
17.3. Copyright Dispute Policy: We reserve the right to remove or restrict access to infringing content and terminate the accounts of repeat infringers.

18. Disclaimers: No Warranties, Use Rights, Restrictions.
18.1. Access: By accepting these Terms, you are granted a non-exclusive, non-sublicensable, and non-transferable license to access and use the Services, subject to compliance with these Terms. Any use of the Services that violates applicable laws is prohibited, and we disclaim liability for such unauthorized use.
18.2. Disclaimer of Warranties: The website, along with all data, information, software, materials, content (regardless of ownership or licensing), user submissions, linked sites, services, or applications provided together with or via the website (referred to as “Waiheke AI Offerings”), provided by Waiheke AI, including any data, software, website materials, content, user content, and applications offered through or in conjunction with the website, are made available to you on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis. Both Waiheke AI and its associated parties expressly disclaim all warranties of any kind, whether they are express, implied, statutory, or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, quality, availability, quiet enjoyment, and title.
We do not guarantee the reliability, accuracy, or uninterrupted availability of the Services, nor do we warrant that the Services will be free from harmful components like viruses. You are responsible for assessing the suitability of using or distributing the Waiheke AI Materials and assume any associated risks. Your use of the Services, including interactions with content or software, is at your own discretion and risk, and you are solely accountable for any resulting damage to your computer system or data loss.
18.3. You acknowledge and agree to assume all associated risks by utilizing our service outputs. You understand that these outputs should not be solely relied upon as the sole source of truth or factual information, nor should they replace professional advice.
We do not guarantee that our offerings will meet your expectations, be timely, secure, accurate, error-free, uninterrupted, or free from harmful elements like viruses. It is your responsibility to assess the suitability of using our materials, and you acknowledge that certain features may be in early or trial phases and could be untested.
Some jurisdictions may not allow the exclusion of certain warranties, which may affect your rights. Unless otherwise mandated by applicable law, the Waiheke AI Materials and derived outputs are provided without warranties, including title, non-infringement, merchantability, or fitness for a particular purpose. You accept any reliance on our Services and their outputs at your sole risk.
Damage to Your Computer System: You acknowledge and accept that any content, website materials, software, or data you use, access, download, or acquire through the website (including via any APIs) is done at your own choice and risk. You are entirely responsible for any harm to your property (including your computer system) or any data loss that may occur.
Beta Programs: Provisioned “As Is” Without Guarantees; Absence of Representations or Warranties;
We may grant a limited license allowing you to access betas, including but not limited to pre-release services under development, prototypes, experimental features, pilot programs, limited access releases, trials, or evaluations limited by time (“Beta”). A Beta’s functionality may be restricted, and it is possible that some features are undergoing testing, may produce errors, deliver inaccurate information, or contain bugs. There is no guarantee that Betas will progress to full development or become widely available. Waiheke AI reserves the right to discontinue or alter Betas at any discretion without a commitment to continue any Beta’s maintenance or support.
Participation in Beta programs is subject to the understanding that they are provided “As Is” without guarantees and may contain errors, bugs, or limitations. Waiheke AI reserves the right to discontinue or alter Betas at its discretion. By accepting access to a Beta, you affirm your compliance with any participation criteria and acknowledge that Betas operates with restricted functions and liability. The provisions of this section prevail over any contrary terms regarding Betas. By accepting access to a Beta, you affirm and warrant compliance with the participation criteria (“Eligibility”). You may discontinue your use of a Beta at any given moment. As long as you are granted access to a Beta, the provisions of this Section 18.3 shall apply.
YOU ACKNOWLEDGE AND ACCEPT THAT BETAS MAY OPERATE ONLY FOR A LIMITED DURATION, POSSESS RESTRICTED FUNCTIONS, AND ARE LIABLE TO ERRORS, INCLUDING BUT NOT LIMITED TO CALCULATION MISTAKES, AMONG OTHER LIMITATIONS. NOTWITHSTANDING ANY CONTRARY PROVISIONS, WAIHEKE AI OFFERS BETAS ON AN “AS IS” BASIS, EXPRESSLY DISCLAIMING ANY WARRANTIES, WHETHER IMPLIED OR EXPRESS, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND ANY STATUTORY WARRANTIES OF NON-INFRINGEMENT, AS WELL AS DISCLAIMING ANY LIABILITIES OR INDEMNITY OBLIGATIONS. SHOULD THERE BE ANY INCONSISTENCY BETWEEN THIS SECTION 18.3 AND ANY OTHER TERMS, THE PROVISIONS OF THIS SECTION 18.3 SHALL PREVAIL WITH RESPECT TO BETAS.
18.4. AI-Powered Solutions: You recognize and accept that results from Waiheke AI / WAI or similar AI-driven services might contain inaccuracies, including but not limited to calculation and intrepretation errors. They might exhibit biases, be incomplete or incorrect, deliver potentially problematic or offensive material, and might not reflect changes or events that happened after the AI was last trained, among other limitations. It’s essential not to take the factual claims in the output at face value without independently verifying their accuracy. Even if the output seems precise or detailed, it could still harbor significant inaccuracies.

18.5. You commit and assure that your involvement with the Services, whether through contributions, materials, submissions, or through your access, usage, or engagement, shall not:
– Violate the intellectual property or any rights of others, including Waiheke AI.
– Contravene any laws or regulations, notably export control laws, privacy laws, or any unauthorized purposes determined by Waiheke AI.
– Attempt to secure passwords, accounts, or any other security details from other users.
– Attempt unauthorized access or actions to compromise security.
– Run Maillist, Listserv, or any form of auto-responder, engage in “spam” activities on the Services, or execute processes that operate in your absence, thus impairing the Services’ functionality by imposing an undue load on the infrastructure.
– Utilize any methods to “crawl,” “scrape,” or “spider” any section of the Services or Materials.
– Copy or retain a substantial portion of the Materials.
– Decompile, reverse-engineer, or seek to extract the source code or underlying principles of the Services, unless such action is allowed by law.
– Transmit to us the personal information of anyone below the age of sixteen (16) years.
Non-compliance may lead to termination of access.
18.6. User Submissions and Outputs: You may provide inputs or prompts (“Prompts”) to the Services, resulting in responses or outputs (“Outputs”). Both your contributions (User Submissions) and the Services’ responses (Outputs) constitute “Materials.” You retain rights to your User Submissions, and by agreeing to these Terms, you are authorized to use the Outputs.
You are solely responsible for your User Submissions, ensuring compliance with all laws and obtaining necessary permissions. We do not monitor or take responsibility for your use of Materials and are not liable for errors or losses associated with them. You release us from liability regarding the acquisition or interpretation of Materials.
Dissemination of Materials: Certain Service functionalities allow you to share Materials, like Outputs, through third-party accounts. By sharing Materials through third-party accounts, you authorize Us to share them with the respective providers. You should review third-party account providers’ policies regarding their Materials usage. If you redistribute Materials, you must retain the ability to modify or remove them and comply with our requests promptly.

19. Waiheke AI’s Rights.
You acknowledge that Waiheke AI possesses and maintains all rights, ownership, and interest in the Services. Any rights or licenses are provided to you as explicitly outlined in these Terms.