Terms of Service

Important Notice

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES PROVIDED BY WISEWK INC. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, DISCLAIMERS OF WARRANTIES, AND LIMITATIONS OF LIABILITY THAT AFFECT YOUR LEGAL RIGHTS.

By accessing, registering, subscribing, creating an API Key, making API calls, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to any provision, you must immediately stop using the Services.

1. Key Definitions

• “Services” means all products and services provided by Wisewk Inc. through the website, console, API, documentation, billing pages, and related channels, including model routing API services, the MobileClaw tool, and future features or offerings.
• “Wisewk,” “we,” “us,” or “our” means Wisewk Inc., registered in Sheridan, WY 82801, United States.
• “User,” “you,” or “your” means any individual or entity accessing or using the Services.
• “Input” means content you submit through the API or otherwise, including prompts, messages, files, and parameters.
• “Output” means content generated and returned by the Services based on your Input.
• “Third-Party Model Provider” means an external AI model service provider accessible through Wisewk, currently Microsoft Azure.
• “API Key” means the authentication credential issued by Wisewk for API access.
• “Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with Wisewk Inc.

2. Service Overview & Agreement

These Terms are entered into between you and Wisewk Inc. Unless otherwise agreed in writing, they govern your access to and use of the website, console, API, documentation, billing pages, and related Services.

Wisewk operates as a model routing platform: you submit requests through a unified interface, and we may route those requests to one or more Third-Party Model Providers or Wisewk proprietary model capabilities based on your selection, system availability, routing policies, quotas, and compliance and security requirements.

These Terms, together with the Privacy Policy and any supplemental terms or policies, constitute the entire agreement between you and Wisewk regarding use of the Services.

3. Eligibility, Age Requirements & Account Responsibility

• You must be at least 18 years old and have legal capacity to enter a binding agreement to register, subscribe to, or use the Services.
• If you use the Services on behalf of a company, organization, or team, you represent and warrant that you have full authority to bind that entity.
• You must provide truthful, accurate, complete, and current registration information and may not impersonate others, falsify information, or create multiple accounts to circumvent restrictions.
• You are responsible for safeguarding account passwords, API Keys, access tokens, and payment credentials, and for all activities under your account.
• You must immediately notify Wisewk if you suspect unauthorized use of your account, keys, or payment methods.
• For U.S. users, children under 13 are prohibited from using the Services under COPPA. If we discover personal information of a child under 13, we will promptly delete it.

4. Service Features & Model Routing

Wisewk may route your requests to one or more model providers or proprietary model systems based on selected model, pricing, latency, quota, geographic restrictions, risk controls, third-party availability, and operational policies.

We may add, discontinue, suspend, replace, throttle, or restrict any model, provider, regional route, or feature at any time without guaranteeing continuous availability of any specific model or provider.

Different Third-Party Model Providers may have different input formats, output quality, content policies, rate limits, retention policies, model training policies, and legal requirements. You are solely responsible for evaluating whether a particular model or provider is suitable for your use case.

Wisewk may introduce alpha, beta, or experimental features from time to time. Such features are provided on an “as is” basis and may be modified or discontinued without notice.

5. Features Not Currently Offered

As of the date of these Terms, Wisewk does not offer prompt logging, private storage, team sharing, or user-side analytics features. You should not rely on the Services as if such features currently existed.

Even so, Wisewk may process necessary technical records, request metadata, error logs, and security logs within a limited and proportionate scope to deliver requests, process billing, fulfill security obligations, detect abuse, troubleshoot incidents, and meet legal requirements.

6. Subscriptions, Pricing, Renewals & Payment

Certain features of the Services require payment. Before purchasing, you should independently confirm pricing, subscription period, quota limits, API Key allocations, trial restrictions, payment methods, auto-renewal settings, and applicable taxes.

Unless expressly stated otherwise, fees paid are generally non-refundable. If trials, promotions, or one-time eligibility restrictions apply, you must comply with them.

If your plan auto-renews, you authorize Wisewk or its payment processor to charge applicable fees, taxes, and processing fees to your designated payment method at the beginning of each renewal period until cancellation.

We may modify pricing, plan structures, quota designs, action point definitions, or billing methods based on market conditions, vendor costs, exchange rates, taxes, compliance needs, and product adjustments. If such changes materially affect your existing subscription, we will provide reasonable advance notice.

For free-trial or free-tier users, Wisewk may adjust the scope, limits, or availability of free services at any time without prior notice.

All fees are denominated in U.S. dollars unless otherwise specified. You are responsible for applicable taxes arising from your use of the Services, excluding taxes based on Wisewk net income.

7. API Keys, Quotas & Platform Restrictions

• API Keys are authorized solely for the account holder or duly authorized internal users and may not be rented, resold, publicly shared, embedded in public-facing clients, or otherwise exposed to unauthorized third parties.
• You may not circumvent plan limits, trial limits, rate limits, geographic restrictions, quota limits, or risk controls through automated registration, account rotation, false identities, shared keys, or other evasion methods.
• If we detect abnormal traffic, suspected bot abuse, payment fraud, key leakage, account sharing, or malicious circumvention, we may immediately suspend the relevant API Keys, accounts, or request paths.
• You are responsible for all requests, consumption, outputs, and charges made through your API Keys, regardless of whether such requests were initiated directly by you.

8. Your Input, Output & Usage Responsibilities

• You retain all rights you lawfully hold in your Input, but you must ensure you have the right to submit such content to Wisewk and relevant Third-Party Model Providers.
• You are responsible for prompts, messages, uploads, tool-call parameters, file operation instructions, GUI requests, workflow orchestration, and all actions taken based on Outputs.
• You may not submit content that is unlawful, infringing, fraudulent, harassing, malicious, defamatory, privacy-violating, export-controlled, or in breach of third-party obligations.
• Model Outputs may be inaccurate, incomplete, biased, factually incorrect, infringing, or unsuitable for legal, medical, financial, tax, compliance, employment, education, or other high-risk decisions. You must independently review all Outputs and may not rely on them as professional advice.
• Wisewk is not liable for how you rely on, interpret, publish, redistribute, or act upon any Output.
• You are solely responsible for complying with AI content labeling requirements that may apply in your jurisdiction.
• By default, API Input is not used to train Wisewk proprietary models unless you explicitly opt in. Third-Party Model Providers may have different data usage policies.

9. Third-Party Model Providers & External Service Risks

The Services depend on Third-Party Model Providers, cloud infrastructure vendors, payment processors, authentication platforms, and other external providers. Outages, throttling, policy changes, pricing changes, moderation errors, geographic blocking, API changes, or security incidents at those providers may affect your use of the Services.

Wisewk does not guarantee the continuous availability of any third-party model, the suitability of any model for a specific use case, or that third parties will refrain from logging, training on, caching, or auditing your requests.

When using Third-Party Model Provider services through Wisewk, you must also comply with the relevant provider’s terms and usage policies. Wisewk is not liable for their acts, policies, or omissions.

10. Acceptable Use Policy

• You may not use the Services to engage in unlawful activity, infringe intellectual property or privacy rights, or violate applicable laws, export controls, sanctions, or governmental orders.
• You may not use the Services to develop, distribute, or facilitate malware, cyberattacks, authentication bypasses, spam, fraud, phishing, or other harmful automated processes.
• You may not scrape, reverse engineer, probe, copy, reconstruct, mirror, resell, or competitively exploit non-public portions, internal interfaces, pricing logic, routing logic, or system behavior of the Services.
• You may not circumvent or assist others in circumventing rate limits, geographic restrictions, trial limits, account limits, payment limits, content restrictions, or security controls.
• You may not use the Services to violate Third-Party Model Providers’ terms of service, usage policies, copyright policies, or research restrictions.
• You may not use the Services to generate, store, or transmit CSAM, non-consensual deepfake intimate imagery, terrorist propaganda, or similar highly harmful content.
• You may not use the Services for unauthorized facial recognition, biometric data collection, or mass surveillance.
• You may not provide Services to sanctioned countries, territories, entities, or individuals, or otherwise violate export-control or sanctions laws.
• Wisewk may publish a separate Acceptable Use Policy from time to time, which will supplement these Terms.

11. Suspension, Restriction & Termination

If we determine that you violated these Terms, pose a security risk, are involved in payment failure or suspected fraud, triggered risk controls, affect system stability, make excessive support demands, or a Third-Party Provider requests that your usage be restricted, we may suspend, restrict, or terminate your account, API Keys, subscriptions, model access, or related request capabilities without prior notice.

You may stop using the Services or cancel your subscription at any time through the applicable process. Termination or cancellation does not affect accrued payment obligations or the continued force of provisions that should survive by nature, including intellectual property, limitation of liability, indemnification, dispute resolution, and completed transactions.

Following termination, we will delete or anonymize account data within a reasonable time, except for information required by law to be retained. You may contact us to export account data before termination.

12. Intellectual Property, Platform Assets & Feedback

Except for Input content you lawfully own, the platform, interface, design, documentation, code, database structures, trademarks, branding, routing logic, billing systems, and other platform assets belong to Wisewk or its licensors.

Unless expressly permitted by these Terms, you may not copy, modify, sublicense, sell, distribute, or create derivative works based on non-public portions of the Services.

If you provide feedback, bug reports, optimization ideas, or product concepts, Wisewk may use them for any lawful purpose without compensation.

To the extent permitted by law, you retain rights in your Input. Subject to your compliance with these Terms, Wisewk assigns to you any rights it may have in Output, if any. Similar or identical Outputs may also be generated for other users, and the legal status of Outputs may vary by jurisdiction.

13. Copyright Complaints & DMCA Procedure

Wisewk respects intellectual property rights and complies with the DMCA notice-and-takedown framework. If you believe your copyrighted work has been copied or used in a way that infringes your rights, send a written notice containing your signature, a description of the work, the location of the allegedly infringing material, your contact information, a good-faith statement, and a statement under penalty of perjury that your notice is accurate and authorized.

Copyright Agent Contact: wisewk.com@gmail.com, or by mail to Wisewk Inc., Sheridan, WY 82801, USA. Wisewk may terminate accounts of repeat infringers where appropriate.

14. Export Controls & Sanctions Compliance

The Services may be subject to export control and sanctions laws of the United States and other jurisdictions, including EAR and OFAC-administered rules.

• You represent that you are not located in, controlled by, or a national or resident of a sanctioned country or territory.
• You represent that you are not listed on any restricted party list, including the SDN List or Entity List.
• You will not use the Services or Outputs for prohibited end uses, including the design, development, or production of weapons of mass destruction.
• If you violate this section, Wisewk may immediately terminate your access and you will be solely responsible for resulting legal consequences and indemnification obligations.

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WISEWK MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CONTINUOUS AVAILABILITY, ERROR-FREE OPERATION, OR COMPATIBILITY WITH THIRD-PARTY SERVICES.

Generative AI and agent systems are probabilistic and non-deterministic. They may produce erroneous information, misleading advice, incomplete conclusions, repetitive content, biased outputs, or unpredictable results. You are solely responsible for evaluating whether to rely on any Output.

Some jurisdictions do not allow exclusion of implied warranties. To that extent, some limitations above may not fully apply to you.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISEWK AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, SUPPLIERS, AND PARTNERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS INTERRUPTION, LOSS OF CUSTOMERS, LOSS OF DATA, OR LOSS OF GOODWILL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISEWK AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO WISEWK DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

These limitations apply regardless of legal theory and even if Wisewk was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations, so some of the above may not fully apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless Wisewk and its Affiliates, officers, employees, suppliers, and partners from claims, investigations, penalties, losses, liabilities, costs, and attorneys’ fees arising from your Input or Output content, use of the Services, account activity, violation of these Terms or law, infringement of third-party rights, or use of Output.

Wisewk will provide reasonably prompt notice where practicable and may assume exclusive defense and control of any matter subject to indemnification at your expense.

18. Modifications to Terms

Wisewk may revise these Terms from time to time. If a revision materially affects your rights or obligations, we will provide reasonable notice through the website, in-product notices, or email. Revised Terms become effective upon posting or on the specified effective date.

For material changes, we generally aim to provide at least 3 days of advance notice. If you do not agree, you must stop using the Services before the changes take effect. Continued use after the effective date constitutes acceptance.

19. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law principles.

Except as otherwise stated, disputes arising out of or relating to these Terms or the Services shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, with the arbitration taking place in Sheridan, Wyoming or another mutually agreed location.

YOU AND WISEWK AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Exceptions: either party may bring qualifying claims in small claims court; either party may seek injunctive relief from a court of competent jurisdiction to protect intellectual property or confidential information; and if the class action waiver is found unenforceable, disputes shall be brought exclusively in the appropriate state or federal courts in Sheridan, Wyoming.

If you are a consumer in the European Union, the arbitration and class action waiver provisions do not affect your mandatory consumer rights under applicable law.

20. Force Majeure

Neither party is liable for failure or delay in performance, other than payment obligations, caused by events beyond reasonable control, including natural disasters, war, terrorism, epidemics, governmental actions, changes in law, power outages, internet failures, or failures or acts of third-party providers.

21. Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it valid and enforceable, or severed if modification is not possible, while the remaining provisions remain in full force and effect.

22. Assignment

You may not assign or transfer rights or obligations under these Terms without prior written consent. Wisewk may assign its rights and obligations to an Affiliate or successor in connection with a merger, acquisition, asset sale, or similar transaction without your consent.

23. Waiver

Failure by Wisewk to exercise or enforce any right or provision does not constitute a waiver of that right or provision. A waiver of any breach is not a waiver of any subsequent breach.

24. Contact Information & Notices

If you have questions about these Terms, contact Wisewk Inc. at wisewk.com@gmail.com, Sheridan, WY 82801, United States.

Notices from Wisewk may be delivered by email to your registered address, by posting on the Services website, or by written notice to your mailing address on file. Legal notices from you to Wisewk must be sent in writing to wisewk.com@gmail.com or by mail to Wisewk Inc., Sheridan, WY 82801, USA.

25. Entire Agreement

These Terms, together with the Privacy Policy and any supplemental terms or policies, constitute the entire agreement between you and Wisewk regarding your use of the Services and supersede prior oral or written understandings on the same subject matter.