Terms of Service

Last Revised on June 4th, 2024

Welcome to the Terms of Service (these "Terms") for WYSEOS, Inc.

Agreement to Terms

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that:

  • (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and
  • (b) you agree to these Terms on the entity's behalf.

The Services

1.1 Input and Output

As a part of the Services, you can input, upload and submit information and other materials ("Input") into the WYSEOS Engine, and the WYSEOS Engine will use artificial intelligence tools and functionalities to generate responses based on your Input ("Output"). Your use of the WYSEOS Engine, including any Outputs, may also be subject to license and use restrictions set forth in a third-party LLM license, if applicable. Any Input will be deemed "Your Content" under these Terms.

1.2 Eligibility

You must be 13 years of age or older to use the Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor's parent or guardian accepts these Terms on the minor's behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.

User Accounts, Subscriptions and Free Trials

2.1 Creating and Safeguarding your Account

To use certain of the Services, you need to create an account or link another account, such as your Apple or Google account ("Account"). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account through the settings page of your Account profile.

2.2 Paid Services

Certain of our Services are free; however, if you subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that:

  • (a) if you purchase a recurring subscription to any of the Services, we may store and continue billing your payment method (e.g. credit card) to avoid interruption of such Services
  • (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase

We reserve the right to change our subscription plans or adjust pricing for the paid Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you.

2.3 Subscription Renewals and Cancellations

You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly) and at the then-current rates, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period.

To avoid future subscription charges, you must cancel your subscription before the subscription period renewal date through the settings page of your Account profile or by emailing info@wyseos.com.

2.4 No Subscription Refunds

Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.

Orders for Products and/or Services

3.1 Payment

The Services may permit you to purchase certain other products or services, such as merchandise ("Offerings"). You acknowledge and agree that all information you provide with regards to a purchase of Offerings, including, without limitation, credit card, PayPal, or other payment information, is accurate, current and complete.

You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction.

3.2 Promotional Codes

We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers ("Promotional Codes") that may be redeemed for discounts on benefits related to the Services or future Offerings, subject to any additional terms that the Company establishes.

You agree that Promotional Codes:

  • (a) must be used in a lawful manner
  • (b) must be used for the intended audience and purpose
  • (c) may not be duplicated, sold or transferred in any manner
  • (d) may be disabled or have additional conditions applied to them by the Company at any time
  • (e) may only be used pursuant to the specific terms that the Company establishes
  • (f) are not valid for cash or other credits or points
  • (g) may expire prior to your use

3.3 Changes and Pricing

The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Offerings. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free.

3.4 Order Acceptance; Shipment

Once we receive your order for an Offering, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order.

Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to:

  • Ship partial orders (at no additional cost to you)
  • Charge the portion of any order that is partially shipped at the time of shipment
  • Use any of our third-party couriers for delivery

3.5 Manufacturer's Warranty and Disclaimers

Certain of the Offerings made available on the Services are manufactured by third parties ("Third-Party Offerings"). The availability of Third-Party Offerings through the Services does not indicate an affiliation with or endorsement by us of any Third-Party Offering or its manufacturer.

3.6 No Delivery to Children

Users are not allowed to give the Company the personal information of any persons under the age of 13 for delivery or shipping purposes or any other reason.

Location of Our Privacy Policy

4.1 Privacy Policy

Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at our website.

Rights We Grant You

5.1 Right to Use Services

We hereby permit you to use the Services for your personal, non-commercial use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you:

  • A personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license
  • The right to access and display such software, content and materials provided to you as part of the Services
  • The right to download a single copy of the App onto your applicable equipment or device

5.2 Restrictions On Your Use of the Services

You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

  • Download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on the Services
  • Duplicate, decompile, reverse engineer, disassemble or decode the Services
  • Use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software
  • Exploit the Services for any commercial purpose
  • Access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services
  • Attempt to gain unauthorized access to the Services or other users' accounts
  • Introduce any viruses, trojan horses, worms, logic bombs or other malicious materials
  • Violate any applicable law or regulation

5.3 Use of the App

You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that:

  • The App can be accessed and used on any particular device or with any particular service plan
  • The App will be available in any particular geographic location
  • Orders for Offerings can be placed from any particular geographic location

As part of the Services, you may receive:

  • Push notifications
  • Local client notifications
  • Text messages
  • Picture messages
  • Alerts
  • Emails
  • Other types of messages ("Push Messages")

5.4 Mobile Software from the Apple App Store

The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store.

You acknowledge and agree that:

  • These Terms are solely between you and the Company, not Apple
  • Apple has no responsibility for the App or content thereof
  • Your use of the App must comply with the App Store's applicable terms of use

5.5 Beta Offerings

From time to time, we may, in our sole discretion, include certain test or beta features or products in the Services ("Beta Offerings"). Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an "as is" basis and may contain:

  • Errors
  • Defects
  • Bugs
  • Inaccuracies

Ownership and Content

6.1 Ownership of the Services

The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that:

  • The Company and/or its licensors own all right, title and interest in and to the Services
  • You will not take any action(s) inconsistent with such ownership interests

6.2 Ownership of Trademarks

The Company's name, trademarks, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners.

6.3 Ownership of Feedback

We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You acknowledge and expressly agree that:

  • Any contribution of Feedback does not give or grant you any right, title or interest in the Services
  • All Feedback becomes the sole and exclusive property of the Company
  • The Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you

6.4 Your Content

In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (collectively with Input, "Your Content"). As between the Company and you:

  • The Company does not claim any ownership in Your Content
  • The Company or its affiliates and their respective licensors own and will continue to own the Services and any technology used to generate any Output

By using the Service and uploading Your Content, you grant us a license to:

  • Access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content
  • Reproduce, transmit, display, publish and distribute Output based on your Input
  • Operate, improve, promote and provide the Services

You agree that these rights and licenses are:

  • Royalty free
  • Transferable
  • Sub-licensable
  • Worldwide
  • Irrevocable (for so long as Your Content is stored with us)

6.5 Notice of Infringement – DMCA (Copyright) Policy

If you believe that any content on the Services has been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:

  1. Identification of the copyrighted work claimed to be infringed
  2. Identification of the allegedly infringing material
  3. Contact information for our copyright agent
  4. A statement of good faith belief regarding unauthorized use
  5. A statement of accuracy under penalty of perjury
  6. Your physical or electronic signature

Notices of copyright infringement claims should be sent by mail to:

Third-Party Services and Materials

7.1 Use of Third-Party Materials

Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third-Party Materials") or provide links to certain third-party websites. Third-Party Materials include:

  • Open source software
  • Third-party software
  • Third-party large language models

By using the Services, you acknowledge and agree that:

  • The Company is not responsible for examining or evaluating Third-Party Materials
  • We do not warrant or endorse any Third-Party Materials
  • We assume no liability for any Third-Party Materials

Disclaimers, Limitations of Liability and Indemnification

8.1 Disclaimers

Your access to and use of the Services are at your own risk. You understand and agree that the Services, including any Offerings, are provided to you on an "AS IS" and "AS AVAILABLE" basis.

The Company Entities DISCLAIM ALL WARRANTIES AND CONDITIONS, including:

  • Express or implied warranties
  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement

The Company Entities make no warranty or representation and disclaim all responsibility for:

  • Completeness, accuracy, availability, timeliness, security or reliability of the Services
  • Harm to your computer system, loss of data
  • Operation or compatibility with any other application or system
  • Uninterrupted, secure or error-free service
  • Meeting your requirements

8.2 Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR:

  • Indirect special, exemplary, incidental, consequential or punitive damages
  • Loss of use, data or profits
  • Business interruption
  • Any other damages or losses arising out of or related to the Services
  • Any claim, demand or damages whatsoever resulting from the use of the Services

LIABILITY CAP: THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE GREATER OF:

  • One hundred dollars ($100.00), or
  • The amount you paid the Company Entities in the past six (6) months

8.3 Indemnification

You agree to defend, indemnify and hold the Company Entities harmless from any claims arising out of:

  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your violation of any third party's rights
  • Your misuse of the Services
  • Your Content
  • Your negligence or willful misconduct

Arbitration and Class Action Waiver

9.1 Important Notice

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

9.2 Informal Process First

Before pursuing formal dispute resolution, both parties agree to:

  • First contact the other party
  • Make a good faith sustained effort to resolve the dispute
  • Allow the receiving party 30 days to respond

9.3 Arbitration Agreement

Any remaining dispute ("Claim") will be resolved by arbitration, including:

  • Questions of arbitrability
  • Threshold questions
  • All matters related to the Company's services and/or products

The arbitration will be:

  • Administered by JAMS
  • Conducted in English
  • Under the JAMS Comprehensive Arbitration Rules and Procedures
  • Governed by the Federal Arbitration Act ("FAA")

9.4 Exceptions

The following types of disputes will be resolved in a court of proper jurisdiction:

  • Claims within the jurisdiction of a small claims court
  • Claims seeking injunctive relief
  • Intellectual property Claims

9.5 Costs of Arbitration

Payment of filing, administration, and arbitrator costs will be governed by the JAMS Rules. The Company will pay the amount of any costs that the arbitrator determines are necessary to prevent the arbitration from being prohibitively expensive.

9.6 Opt-Out

You have the right to opt-out of the arbitration provisions by sending written notice to:

The notice must be sent within 30 days of:

  • First registering to use the Services, or
  • Agreeing to these Terms

9.7 Class Action Waiver

YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ONLY IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY:

  • Class Action
  • Consolidated Action
  • Multiple-Plaintiff Action
  • Representative Action

Paid Accounts

10.1 Billing

If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.

10.2 Service Credits

You can pay for some Services in advance by purchasing service credits. All service credits are subject to ours Service Credit Terms.

10.3 Cancellation.

You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.

Cancellation Policy You may cancel your subscription at any time. Cancellation will take effect at the end of your current paid billing cycle, and you will not be charged for future subscription fees. Your access to the Service will continue until the end of your current paid period. We do not offer pro-rata refunds for any unused portion of a paid subscription period Subscription fees are prepaid for your chosen period to access our Service for that term. Unless otherwise required by applicable law, all paid subscription fees are non-refundable

10.4 Changes.

We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

10.5 Refund Policy

Subscription Fees: Subscription fees are prepaid for your chosen period to access our Service for that term.

General Principle: Unless otherwise required by applicable law or as explicitly stated in this policy, all paid subscription fees are non-refundable. We do not offer pro-rata refunds for any unused portion of a paid subscription period.

Legally Required Refunds: If any applicable law mandates that we provide a refund in specific circumstances, we will comply with such legal requirements. You may be required to provide necessary supporting documentation for your refund request.

Excessive Refund Requests: Accounts exhibiting patterns of excessive refund requests within a short period may be subject to restrictions by WYSEOS, including but not limited to limitations on future subscription purchases or account privileges.

To Request a Refund:

  • If you believe you are eligible for a refund under the conditions outlined in this policy (e.g., legally required or exceptional discretionary cases), you can submit a refund request by sending an email or through a refund request form if available on our official website.
  • We will process complete refund requests within 7 business days of receipt.
  • Please Note: In accordance with Section 1 (Cancellation Policy) and the general principles of Section 2 (Refund Policy) of this policy, standard cancellation of a subscription itself does not typically trigger a refund. Exceptional Cases (Discretionary):
  • In rare, exceptional circumstances (e.g., a significant, prolonged technical failure of the Service attributable to us, account is compromised through third-party fraud or you're charged in error), WYSEOS reserves the right, at our sole discretion, to offer a full refund, partial refund, or service credit.
  • Any such discretionary action does not obligate us to offer similar treatment in the future.
  • Refunds will be assessed on a case-by-case basis.

Changes to Fees and Payment Policies WYSEOS may change its fees and payment policies for the Service. We will notify you at least ten (10) days before the beginning of the billing cycle in which such change will take effect.

Policy Amendments WYSEOS may amend this Refund Policy at any time. Amended terms will be effective upon posting on our official website or within the Service. We encourage you to review this policy periodically.

Additional Provisions

11.1 SMS Messaging and Phone Calls

The Company may contact you via:

  • Telephone
  • Text messages
  • Automatic telephone dialing system You may opt out of receiving messages at any time.

11.2 Updates to Terms

We may modify these Terms:

  • With reasonable notice
  • By updating the "Last Revised" date
  • By notifying you via email or website notice

11.3 Termination

The Company may:

  • Suspend, disable, or delete your Account
  • Terminate services with or without notice
  • Delete Your Content upon Account deletion

11.4 Contact Information

You may contact us at: