Last Update: April 7, 2023
Introduction
Thank you for using the WNR.AI platform and the products, services, and features we make available to you as part of the platform (collectively, the “Service”).
The following terms of service (these "Terms of Service"), govern your access to and use of the WNR.AI website, including any content, functionality, and services offered on or through https://wnr.ai/ (the "Site") by WNR.AI and its subsidiaries. WNR.AI is referred to as "WNR.AI," "we," or "us," and “you” or “user” means you as a user of the Site.
Our Service
The Service allows you to discover, purchase, and use templates created by creators to enhance the quality of your AI-generated content. The Service acts as a marketplace for creators to build, create, share, and monetize their prompt engineering skills and unique templates, and for users to find, use, and purchase these templates to improve their AI-generated outputs. We provide information about our products and how to use them on our platform.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. WNR.AI makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Your Service Provider
The entity providing the Service is WNR.AI, Inc. References to WNR.AI's “Affiliates” in these terms mean the other companies within the [WNR.AI Corporate Group].
Applicable Terms
Your use of the Service is subject to these terms and any additional terms and policies applicable to the Service, “including the Community Guidelines” (collectively, the "Agreement"). Your Agreement with us will also include any other policies or guidelines applicable to the Service, such as any Creator policies, if you are a Creator.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement or do not accept any part of it, then you may not use the Service.
Who may use the Service?
Age Requirements
You may use the Service if you are at least 13 years old.
Permission by Parent or Guardian
If you are under 18, you must have your parent or legal guardian's permission to use the Service. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child's activity on the Service.
Businesses
If you are using the Service on behalf of a company or organization, you represent and warrant to us that you have the authority to act on behalf of that entity, and that entity accepts this Agreement. Your Use of the Service
Content on the Service
The content on the Service includes templates, text, graphics, branding (including trade names, trademarks, service marks, or logos), and other materials (collectively, "Content"). Content may be provided to the Service and distributed by our users, and WNR.AI is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with these terms, such as by violating the applicable policies or guidelines, you can report it to us.
WNR.AI Accounts
You can use parts of the Service, such as browsing and searching for Content, without having a WNR.AI account. However, you do need a WNR.AI account to use some features. With a WNR.AI account, you may be able to purchase templates, subscribe to a Creator's collection, and more.
To protect your WNR.AI account, keep your password confidential. You should not reuse your WNR.AI account password on third-party applications. Learn more about keeping your account secure, including what to do if you learn of any unauthorized use of your password or WNR.AI account.
Your Information
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view, purchase, and use Content for your personal, non-commercial use, subject to the limitations and restrictions set forth in this Agreement.
The following restrictions apply to your use of the Service. You are not allowed to:
- Access, reproduce, download, distribute, transmit, broadcast,
display, sell, license, alter, modify or otherwise use any part of
the Service or any Content except:
- as specifically permitted by the Service;
- with prior written permission from WNR.AI and, if applicable, the respective rights holders; or
- as permitted by applicable law;
- Circumvent, disable, fraudulently engage, or otherwise interfere
with the Service (or attempt to do any of these things), including
security-related features or features that:
- prevent or restrict the copying or other use of Content; or
- limit the use of the Service or Content;
- Access the Service using any automated means (such as robots,
botnets, or scrapers) except:
- in the case of public search engines, in accordance with WNR.AI's robots.txt file;
- with WNR.AI's prior written permission; or
- as permitted by applicable law;
- Collect or use any information that might identify a person (for example, harvesting usernames), unless permitted by that person or allowed under applicable policies;
- Use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
- Cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a template's views, likes, or purchases, or to increase a Creator's subscribers, or otherwise manipulate metrics;
- Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
- Run contests on or through the Service that do not comply with WNR.AI's contest policies and guidelines;
- Use the Service to view or use Content other than for personal, non-commercial use; or
- Use the Service to:
- Sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the applicable policies (such as compliant product placements); or
- Sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales.
Reservation
Any right not expressly granted to you in this Agreement remains the right of WNR.AI or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service).
Develop, Improve, and Update the Service
WNR.AI is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with the law or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users, or even an individual user.
Your Content and Conduct
Purchasing and Using Content
If you choose to purchase and use Content from the Service, you must not use the Content in any way that does not comply with this Agreement or applicable laws. For example, the Content you purchase must not be used for commercial purposes, unless expressly authorized, or shared with others who have not purchased the Content themselves. You are legally responsible for your use of the Content from the Service.
Submitting Content
As a WNR.AI creator, you may submit Content to the Service. You may use your Content to promote your unique templates or prompt engineering skills. If you choose to submit Content, you must only submit permitted Content that complies with this Agreement and applicable laws. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have obtained appropriate permissions from the rights holder or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may employ automated systems that analyze your Content to help detect infringement, abuse, and illegal, such as spam, malware, and unlawful content.
Right to Monetize
You grant WNR.AI the right to monetize your Content on the Service (which may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Any payments you may be entitled to receive from WNR.AI under any other agreement between you and WNR.AI (including, for example, payments for the sale of your templates or subscription revenue) will be treated as royalties. If required by law, WNR.AI will withhold applicable taxes from such payments. Users and Creators may only offer or accept payments using the methods authorized by WNR.AI.
WNR.AI retains the right to use all published delivered templates for its marketing and promotional purposes. Your royalties may be paid on a usage basis or a subscription basis, and may change at any time. The form of payment and amount will be displayed on your creator profile page or another page you can access on WNR.AI.
Removing Your Content
You may remove your Content from the Service at any time. You also have the option to download a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by this Agreement.
Removal of Content by WNR.AI
If we reasonably believe that any of your Content (1) is in breach of this Agreement, (2) violates applicable laws, or (3) may cause harm to WNR.AI, our users, or third parties, we reserve the right to remove or take down some or all of such Content. We will notify you of the reason for our action unless we reasonably believe that doing so: (a) would violate the law or the direction of any law enforcement authority or create legal liability for WNR.AI or our Affiliates; (b) would compromise an investigation or the integrity, operation or security of the Service; or (c) would cause harm to any user, third party, WNR.AI, or our Affiliates.
Account Suspension and Termination
You may stop using the Service at any time. You can also delete the Service from your account, which involves removing your data, with the option to download a copy of your data first. WNR.AI reserves the right to suspend or terminate your account or your access to all or part of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates liability or harm to any user, third party, WNR.AI, or our Affiliates.
Notice for Termination or Suspension
We will provide you with the reason for termination or suspension by WNR.AI unless we reasonably believe that doing so: (a) would violate the law or the direction of a law enforcement authority; (b) would compromise an investigation or the integrity, operation or security of the Service; or (c) would cause harm to any user, third party, WNR.AI, or our Affiliates.
Effect of Account Suspension or Termination
If your account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to that use. If you believe the termination or suspension was made in error, you may appeal using a form provided by WNR.AI.
Other Legal Terms
Warranty
We provide the Service using a reasonable level of care and competency.
Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND WNR.AI DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THIS AGREEMENT AFFECTS YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR MODIFIED BY CONTRACT. WNR.AI DOES NOT GUARANTEE THAT: THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THE TEMPLATES PROVIDED THROUGH THE SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR THAT ANY CONTENT YOU SUBMIT WILL BE STORED OR MAINTAINED BY WNR.AI.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR WNR.AI OR ANY OF ITS AFFILIATES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING WNR.AI OR ANY OF ITS AFFILIATES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WNR.AI OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
WNR.AI AND ITS AFFILIATES TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FOURTHWALL FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
YOU AND WNR.AI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Indemnification
You agree to defend, indemnify, and hold harmless WNR.AI, its Affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of this Agreement; (c) your violation of any rights of another person or entity, including infringement of their intellectual property rights; or (d) your conduct in connection with the Service.
Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by WNR.AI. WNR.AI has no control over, and assumes no responsibility for, such websites and online services. When you leave the Service, we encourage you to read the terms and privacy policy of each third-party website and online service that you visit.
About this Agreement
Changing this Agreement
We may modify this Agreement, for example, to reflect changes to our Service, applicable laws, or how we do business. If we make material changes to this Agreement, we will provide reasonable advance notice and the opportunity for you to review and accept the changes. If you do not agree to the revised terms, you should cease using the Service and remove any of your Content.
Continuation of this Agreement
Certain provisions of this Agreement, including but not limited to "Other Legal Terms", "About This Agreement", and the licenses you have granted, shall survive the termination of this Agreement or your use of the Service.
Severability
In the event that any provision of this Agreement is deemed unenforceable or invalid under any applicable law or by a court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. WNR.AI will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent.
Assignment
WNR.AI may assign, transfer, or delegate any of its rights and obligations under this Agreement to its affiliates or in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
No Waiver
WNR.AI's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision or any other provision hereof.
Governing Law
If you reside in The United States, This Agreement, and your relationship with WNR.AI with “all claims arising out of or relating to the Service” shall be governed by the laws of the State of California without regard to its conflict of law provisions, and any legal proceedings shall be brought exclusively in the federal and state courts located in San Francisco County, California.
Effective as of April 7, 2023 (no previous version)