Registration and Access
You must be at least 18 years old to use the Services. If you are using the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
Usage Guidelines
(a) Utilization of Services: You are granted the privilege to access and use the Services within the parameters of these Terms. It is obligatory that you adhere to both these Terms and all relevant legal statutes while engaging with the Services. The complete rights, ownership, and stake in the Services are held by us and our affiliated entities.
(b) Providing Feedback: We value input, commentary, concepts, proposals, and recommendations for enhancements. Should you contribute any of these elements, we reserve the right to utilize them without any limitations or obligation to compensate you.
(c) Limitations on Usage. Your utilization of the Services is subject to certain constraints. These encompass the following provisions:
(i) You are prohibited from employing the Services in a manner that encroaches upon, misappropriates, or infringes upon the rights of any individual.
(ii) Endeavoring to uncover the source code or foundational constituents of models, algorithms, or systems embedded within the Services through activities like reverse assembling, reverse compiling, decompiling, translating, or analogous processes is strictly prohibited, unless such restrictions contravene applicable legal statutes.
(iii) It is impermissible to employ the outputs generated by the Services for the creation of models that rival or compete with WescleAI.
(iv) The adoption of any automated or programmatic methodology to extract data or output from the Services, inclusive of practices such as scraping, web harvesting, or web data extraction, is prohibited.
(v) Falsely representing the output derived from the Services as being human-generated, when it is not, or violating our Usage Policies in any other manner, is strictly prohibited.
(vi) Furnishing us with any personal information pertaining to children under the age of 13 or the age of digital consent as stipulated by the relevant jurisdiction is not allowed.
In addition, you are required to adhere to all rate limitations and other prerequisites as stipulated in our documentation. The Services may only be utilized in geographical regions currently supported by WescleAI.
(d) Utilization of Third-Party Services. Should you engage with third-party software, services, or any other products in conjunction with the Services, it is important to acknowledge that these entities are governed by their own distinct terms and conditions. It should be noted that we bear no responsibility for third-party products and their associated implications.
Content
(a) Your Provided Content. Within the scope of the Services, you possess the ability to furnish input (“Input”) and consequently receive the output (“Output”) that the Services generate based on the provided Input. The amalgamation of Input and Output constitutes what we refer to as “Content.” As delineated between both parties and within the parameters delineated by pertinent legal statutes, you retain full ownership over the Input. In accordance with your adherence to the stipulations outlined in these Terms, WescleAI hereby transfers and confers upon you all its rights, titles, and interests pertaining to the Output. This effectively grants you the liberty to leverage the Content for a multitude of purposes, encompassing commercial endeavors such as sales or publications, provided you adhere to the provisions of these Terms.
Furthermore, WescleAI retains the prerogative to employ the Content for the purpose of delivering and maintaining the Services, complying with relevant legal mandates, and upholding our policies. It is incumbent upon you to exercise responsibility over the Content, ensuring that it remains in compliance with all applicable laws and the stipulations delineated within these Terms.
Additionally, it’s important to note that OpenAI, the provider of the underlying technology and platform for the Services, including the WescleAI service that utilizes the OpenAI API, operates as a subprocessor in the context of your use of the Services. WescleAI employs the OpenAI API to facilitate the interaction between you and the Services, enabling you to input data and receive corresponding generated output. It’s worth mentioning that OpenAI also applies its own usage policies and guidelines to ensure responsible and ethical use of the technology underlying the WescleAI service.
(b) Resemblance in Content. Given the inherent characteristics of machine learning, it’s important to recognize that the Output may lack uniqueness across various users, resulting in instances where the Services yield identical or akin output for both WescleAI and third parties. For illustrative purposes, consider a scenario where you provide input to a model, posing a question like “What is the color of the sky?” and consequently obtain an output such as “The sky is blue.” It’s conceivable that other users might pose similar queries and receive the exact same response. It’s important to note that outputs generated in response to requests from other users, even if identical, are not classified as your individual Content.
(c) Utilization of Content for Service Enhancement. We wish to clarify that Content provided by you to, or generated by you via the OpenAI API (“API Content”), is not employed to facilitate the development or improvement of OpenAI’s own models or services.
(d) Precision and Development. The realms of artificial intelligence and machine learning are dynamic and progressive domains of research. Our ceaseless endeavors are directed towards enhancing the precision, dependability, safety, and value of our Services. It is imperative to acknowledge the probabilistic aspect intrinsic to machine learning. This implies that there may be instances where the utilization of our Services could yield erroneous Output that deviates from accurately depicting actual individuals, locations, or facts. Hence, it’s recommended that you conscientiously assess the precision of any generated Output within the context of your particular use case. Employing human review to scrutinize the Output is a prudent approach to this end. We are committed to further refining and augmenting our Services, but due to the evolving nature of the technology, the potential for inaccuracies remains a facet that merits consideration.
We provide you with the assurance that any models updated on OpenAI, StabilityAI, or any other platform will also receive corresponding updates for utilization within a designated timeframe. We will make certain to accompany these updates with a comprehensive log that will be readily available for your reference. This commitment underscores our dedication to transparency and ensuring that you remain well-informed about the changes and enhancements to our offerings.
WescleAI offers a specialized system known as WordPress, designed for efficient site management, and it operates under the GPL license.
WescleAI does not engage in the direct sale of WordPress itself. Instead, on our website, individuals have the opportunity to enter into a licensing agreement. This agreement grants access to premium themes and subscriptions for the WordPress system.
It’s important to clarify that all rights, including intellectual property rights, associated with products featured on the WescleAI website, are exclusively under the ownership of the site’s administrator or owner. Copyright is safeguarded by relevant laws as stipulated by current legislation.
Customers on the website, specifically at https://wescle.com/, are exclusively provided with electronic products. These products are dispatched to buyers through email, making it imperative to provide accurate email information during the purchase. The pricing of products is detailed on the respective product pages, with the right to modify prices unilaterally.
Upon the purchase of an electronic product, the buyer obtains the privilege to exclusively utilize it on their website or websites, if applicable. However, it is strictly prohibited to engage in resale or rental without the condition of unique partnership participation within the White Label program.
Any unauthorized distribution of purchased products online, as detected by WescleAI, will result in the immediate blocking of the buyer’s account. This action is taken without prior warning.
This User Agreement serves to regulate the process of procurement, payment, and receipt of electronic goods associated with the internet resource https://wescle.com/.
The product owner (Customer) agrees not to employ the provided information for illegal purposes and refrain from sharing it with third parties.
By submitting an application on the internet portal, the User automatically consents to receiving newsletters that pertain to updated information, products, goods, and services offered by the site https://wescle.com/.
While the administration strives to provide customers with accurate and dependable information, the potential for errors cannot be entirely eliminated.
The administration retains the right, without providing an explanation to the second party, to decline the provision of services and product sales at any stage during the contract discussion.
All details, rights, design, and product names are the property of the site’s legal owners and are not available for use by third parties.
The user acknowledges that any disputes will be resolved in compliance with the prevailing legislation of Ukraine.
The license granted for a limited number of domains also applies to subdomains. Therefore, theme changes necessitate a license update.
In addition to the aforementioned content and subscriptions, we also provide license keys for our WordPress products and beyond.
Fees and Payments
(a) Fees and Billing. You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize WescleAI and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written\email notice and may suspend access to the Services until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement.
(b) Tax Responsibilities. Unless explicitly indicated, the Fees specified do not encompass federal, state, local, or international taxes, levies, duties, or analogous assessments (“Taxes”). The responsibility for addressing all Taxes associated with your procurement rests with you, excluding Taxes computed based on our net income. In instances of such Taxes, we reserve the right to generate an invoice for the applicable amount. Your commitment necessitates the prompt settlement of these Taxes and the submission of documentation substantiating payment or any supplementary evidence as reasonably required. It is noteworthy that WescleAI utilizes the name and address provided during your account registration for tax supply purposes. Therefore, it is imperative that you maintain accurate and up-to-date information in this regard.
(c) Adjustments to Pricing. We retain the prerogative to modify our prices, and such modifications will be communicated through notices posted on your account and/or our official website. In the case of price increases, the revised rates will take effect 14 days subsequent to their posting. However, exceptions are made for increases mandated by legal considerations or adjustments applied to Beta Services (as stipulated in our Service Terms), which will become effective immediately. Any alterations in pricing will be applicable to the Fees accrued on your account without delay, starting from the effective date of the adjustments.
(d) Resolution of Disputes and Overdue Payments. Should you wish to contest any Fees or Taxes, kindly direct your concerns to info@wescle.com within a timeframe of thirty (30) days commencing from the date of the disputed invoice. Uncontested delinquent sums may incur a finance charge of 1.5% per month, calculated based on the outstanding balance. In instances where any portion of your Fees remains overdue, we retain the right to suspend your access to the Services after furnishing written notification pertaining to the late payment.
(e) Single User Subscription and Refund Conditions. It is crucial to adhere to the terms of service when utilizing a paid subscription for the Services. Each subscription is designed for the use of a single user to access and utilize the Services. Sharing subscription accounts among multiple users is strictly prohibited.
Please note that refunds will not be granted if we identify that the subscription has been used for more than the equivalent of 1000 words of text or 10 images. Once a subscription is purchased, refunds will not be provided in these cases. In situations where we confirm that a subscription is being shared or utilized in a manner inconsistent with the terms of service, we retain the right to take appropriate actions, which may include adjusting fees or suspending access to the Services.
Confidentiality, Security, and Data Protection
(a) Confidentiality. As part of your engagement, you may gain access to Confidential Information from WescleAI, its affiliates, and other third parties. The utilization of Confidential Information is exclusively permissible to the extent necessary for you to employ the Services as stipulated within these Terms. Any disclosure of Confidential Information to third parties is strictly prohibited. Furthermore, you are required to safeguard Confidential Information with the same level of diligence as you would your own similarly classified proprietary information, employing a standard of reasonable care, at the very least. The term “Confidential Information” pertains to nonpublic data designated as confidential by WescleAI, its affiliates, or third parties, or data that, under the circumstances, should reasonably be recognized as confidential. This includes software, specifications, and other business information not publicly accessible. It’s crucial to note that Confidential Information does not encompass information that: (i) enters the public domain through no fault of your own; (ii) you already possessed without any obligations of confidentiality under these Terms; (iii) is shared with you in a legitimate manner by a third party not bound by confidentiality obligations; or (iv) you independently formulated without utilizing Confidential Information. In circumstances mandated by law or the valid order of a court or governmental authority, if disclosure becomes necessary, you may divulge Confidential Information, provided you provide WescleAI with reasonable prior written notice and take appropriate steps to curtail the extent of disclosure. In instances where feasible, you are also expected to assist us in challenging the necessity of disclosure.
(b) Security. It is incumbent upon you to establish and uphold reasonable and suitable measures aimed at safeguarding your access to and utilization of the Services. In the event that you come across any vulnerabilities or breaches associated with your use of the Services, it is imperative that you expeditiously notify WescleAI and furnish comprehensive details regarding the identified vulnerability or breach.
Term and Termination
(a) Termination and Suspension. These Terms come into effect upon your initial use of the Services and continue to be in effect until concluded. You reserve the right to terminate these Terms at your discretion and for any reason by discontinuing the utilization of the Services and Content. Likewise, we retain the right to terminate these Terms for any reason, providing you with a minimum of 30 days’ notice in advance. In situations where you substantively breach Sections 2 (Usage Requirements), 5 (Confidentiality, Security, and Data Protection), 8 (Dispute Resolution), or 9 (General Terms), if circumstances change with third-party technology providers beyond our control, or to fulfill legal obligations or governmental requisitions, we may terminate these Terms with immediate notice to you. In the event that your compliance with these Terms is lacking, your use poses a security risk to us or a third party, or if there are reasonable suspicions of fraudulent use that could potentially expose us or a third party to legal liabilities, we reserve the right to suspend your access to the Services.
(b) Implications of Termination. Upon the termination of these Terms, you are required to cease the utilization of the Services, and you should promptly return or, as per our instruction, destroy any Confidential Information. The clauses within these Terms that, by nature, should extend beyond termination or expiration will endure, encompassing but not limited to Sections 3 and 5-9.
Indemnification; Disclaimer of Warranties; Limitations on Liability
(a) Indemnification. You are obligated to safeguard, indemnify, and absolve us, our affiliated entities, and our personnel from any claims, losses, and expenses (inclusive of legal fees) stemming from or linked to your utilization of the Services. This encompasses your Content, any products or services you create or provide in conjunction with the Services, and any breaches of these Terms or violations of pertinent legal statutes.
(b) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” UNLESS PROHIBITED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES AND LICENSORS MAKE ANY WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) REGARDING THE SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. THIS DISCLAIMER ALSO ENCOMPASSES WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE CANNOT ENSURE THAT THE SERVICES WILL REMAIN UNINTERRUPTED, ACCURATE, OR FREE FROM ERRORS, NOR CAN WE GUARANTEE THE SECURITY OR NON-ALTERATION OF ANY CONTENT.
(c) Limitations on Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS ENCOMPASSES DAMAGES ARISING FROM LOSS OF PROFITS, GOODWILL, UTILIZATION, DATA, OR OTHER SIMILAR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY WE ASSUME UNDER THESE TERMS SHALL NOT EXCEED THE HIGHER OF EITHER THE SUM YOU PAID FOR THE SERVICE THAT LED TO THE CLAIM WITHIN THE 12-MONTH PERIOD PRECEDING THE OCCURRENCE OF LIABILITY, OR ONE HUNDRED DOLLARS ($100). THE CONSTRAINTS OUTLINED IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Dispute Resolution
You are in agreement with the ensuing compulsory arbitration and class action waiver provisions:
(a) Compulsory Arbitration. Both you and WescleAI mutually concur to settle any past or current claims pertaining to these Terms or our Services through conclusive and binding arbitration. However, you retain the right to reject these arbitration terms and any forthcoming amendments to these terms. This can be done by submitting this form within 30 days from the moment you accept these arbitration terms or any pertinent modifications.
(b) Informal Resolution of Disputes. In our endeavor to address and understand your concerns before resorting to formal legal measures, we encourage you to seek resolution informally. Before initiating a claim against WescleAI, you commit to attempting to settle the dispute through informal means. This involves sending us a notice at info@wescle.com, furnishing your name, a description of the dispute, and the remedy you seek. In the event that we fail to reach a resolution within 60 days, you retain the right to commence formal proceedings. It’s noteworthy that the 60-day resolution process serves to suspend the running of any applicable statute of limitations. For residents of the EU, the European Commission offers an online dispute resolution platform, accessible via https://ec.europa.eu/consumers/odr.
(c) Choice of Arbitration Venue and Governing Law. Either party agrees that any disputes or claims arising out of or in connection with this agreement shall be resolved exclusively through binding arbitration under the auspices of an alternative dispute resolution provider acceptable to both parties, with the arbitration proceedings to take place in Ukraine. The parties further agree that the laws of Ukraine shall govern the arbitration proceedings, including all matters related to the arbitration and the enforcement of any arbitration award. The arbitration fees shall be shared equally between both parties, unless determined otherwise by the arbitrator. If the arbitrator finds that you are unable to cover these fees and obtaining a waiver is not feasible, WescleAI will undertake the payment on your behalf. WescleAI will refrain from seeking reimbursement for its legal expenses and costs during the arbitration process, unless the arbitrator considers your claim to be frivolous.
(d) Arbitration Procedures. The arbitration proceedings may be conducted over the phone, based on written submissions, via video conference, or in person, either in Kyiv, Ukraine, or at a different location mutually agreed upon by both parties. A single arbitrator from a recognized alternative dispute resolution organization will oversee the arbitration process, guided by the prevailing rules of that organization. The arbitrator will be responsible for making determinations on all matters, except situations where a Ukrainian court has the authority to decide: (i) the scope, enforceability, and arbitrability of this Section 8, which also includes the procedures for handling multiple claims as described below, and (ii) whether you have fulfilled the prerequisites for arbitration as stipulated. Neither party will disclose the details of any settlement offer to the arbitrator until after the arbitrator has issued the final award, if applicable.
(e) Exemptions. This arbitration provision shall not mandate arbitration for the following types of claims: (i) individual claims brought before a small claims court; and (ii) appeals seeking injunctive or other equitable relief with the purpose of restraining unauthorized use or misuse of the Services, or addressing instances of intellectual property infringement.
(f) NO COLLECTIVE ACTIONS. Disputes must be pursued strictly on an individual basis and cannot be initiated as part of any alleged class, consolidated, or representative action. Class arbitrations, class actions, actions pursued under the private attorney general concept, and consolidation with other arbitration proceedings are prohibited. In the event that a dispute proceeds to a court setting instead of arbitration, each party knowingly and irrevocably waives any right to a trial by jury in any lawsuit, legal proceeding, or counterclaim. However, this provision does not prevent either party from participating in a settlement encompassing claims on a class-wide scale according to applicable Ukrainian law.
(g) Bulk Submissions. In the event that 30 or more similar arbitration claims are brought against WescleAI or its affiliated parties, initiated by the same legal representatives or entities acting in coordination (“Bulk Submissions”), an alternative dispute resolution provider acceptable to both parties will assign sequential numbers to each of the Bulk Submissions using random selection. Claims numbered 1-10 will constitute the “Initial Test Cases” and will be given priority in undergoing arbitration. The appointed arbitrators will issue a final award for the Initial Test Cases within 120 days from the commencement of the initial pre-hearing conference, unless the disputes are resolved beforehand or both parties mutually agree to extend the time frame. Following this, a period of 90 days (the “Mediation Period”) will be granted to the parties to attempt to resolve the remaining cases through mediation, taking guidance from the determinations made in the Initial Test Cases. If the outstanding claims remain unresolved at the conclusion of this period, the parties may choose to exit the arbitration process and proceed with legal proceedings in a court. This requires providing written notice to the other party within 60 days following the conclusion of the Mediation Period. Alternatively, the remaining cases will proceed with arbitration in their designated sequence. The commencement of any statute of limitations will be suspended from the moment the Initial Test Cases are selected, continuing until your case is chosen using the aforementioned process.
(h) Separability. If any part of this Section 8 is deemed unlawful or unenforceable, the remainder will remain in effect, unless a finding of partial illegality or unenforceability would allow for Bulk Submissions or class or representative arbitration, in which case this Section 8 will be rendered entirely unenforceable. Importantly, nothing within this section shall be interpreted as waiving or limiting the right to pursue public injunctive relief or any other non-waivable entitlement while awaiting a decision on the substance of such a claim by the arbitrator, in accordance with relevant Ukrainian law.
General Terms
(a) Nature of the Relationship. These Terms do not establish a partnership, joint venture, or agency connection between you and WescleAI, or any of WescleAI’s affiliated entities. You and WescleAI operate as separate entities, and neither party possesses the authority to obligate the other or to assume responsibilities on the other’s behalf without obtaining the prior written consent of the other party.
(b) Usage of Branding. Without obtaining our prior written consent, you are prohibited from utilizing the names, logos, or trademarks of WescleAI or any of its affiliated entities.
(d) Copyright Infringement Claims. In the event that you believe your intellectual property rights have been violated, kindly forward your complaint to this email: info@wescle.com. We retain the right to remove or deactivate content that is claimed to be infringing and may choose to terminate accounts of individuals who repeatedly engage in such infringement.
Written complaints pertaining to copyright infringement must incorporate the subsequent details:
- A physical or electronic signature of the individual authorized to act on behalf of the copyright holder.
- A delineation of the copyrighted work you assert has been infringed.
- Specifics regarding the location on the website where the purportedly infringing material is situated.
- Your contact address, phone number, and email.
- An assertion from you stating that you possess a genuine belief that the disputed usage has not been sanctioned by the copyright proprietor, its representative, or the law.
- A declaration from you, under the threat of perjury, affirming that the aforementioned information within your notice is accurate and that you are the copyright holder or have been authorized to act on behalf of the copyright holder.
(e) Assignment and Delegation. You are prohibited from transferring or delegating any rights or obligations stipulated in these Terms, including in scenarios involving a change of control. Any asserted assignment or delegation shall be rendered void and ineffectual.
(f) Amendments. We hold the prerogative to revise these Terms periodically by publishing an updated version on the website. In the event that a modification substantially impairs your rights or obligations under these Terms, we are committed to notifying you. This notification will be carried out either through an email sent to the address linked to your account or through an in-product notification. The effectiveness of such changes will occur no earlier than 30 days following our notification. For all other modifications, the changes will take effect immediately. Should you continue to use the Services following any such alteration, it will be inferred that you concur with the changes made.
(g) Notifications. All communications will be conveyed in written form by email. We reserve the right to notify you using the registration information you provided or the email address connected to your utilization of the Services. Notice will be regarded as received on the date of delivery in the case of email, or on the date dispatched through courier services if delivered via post. WescleAI accepts the receipt of legal documents at the following address: PE Mandrik S.I., B.Khmelnitskogo, 9, ap 18, Sviatopetrovskoe, Kyiv Region, Ukraine, 08141 Attention: info@wescle.com.
(h) Waiver and Separability. WescleAI’s delay in enforcing these Terms due to your non-compliance shall not be interpreted as a waiver of any of our rights. Except for Section 8, if a court of competent jurisdiction determines any part of these Terms as invalid or unenforceable, that particular provision will be enforced to the maximum extent allowed by applicable law, and it will not hinder the enforceability of other provisions.
(i) Equitable Remedies. You acknowledge that a violation or breach of these Terms on your part could result in irreversible harm to WescleAI and its affiliated entities. Therefore, WescleAI retains the authority to pursue injunctive relief against you, in addition to any other legal remedies available.
(j) Comprehensive Agreement. These Terms, along with any policies that are integrated into these Terms, encompass the complete agreement between you and WescleAI pertaining to the utilization of the Services. This agreement supersedes any prior or concurrent agreements, communications, or understandings between you and WescleAI on the same subject matter, with the exception of any terms of use specific to a particular Service or any applicable enterprise agreements.
(k) Jurisdiction, Venue, and Applicable Law. The provisions within these Terms shall be governed by the laws of Ukraine, disregarding any conflict of law principles. Except for matters covered in the “Dispute Resolution” section, all claims arising from or relating to these Terms shall be exclusively addressed in the courts of Kyiv, Ukraine.