Last Updated December 18th, 2023
These Terms of Use (“Terms”) are a binding contract between you and Bacon AI Inc. (“WiseOx,” “we” or “us”) regarding your use of the wiseox.com and wiseox.ai, (the “Site” or “Sites”) and, together with our Privacy Notice, Terms of Service, Data Processing Agreement and these Terms of Use (“WiseOx Agreements”), govern your use of, the products and services we offer, and your interactions with WiseOx in any manner (collectively, our “Services”). Additional, separate terms apply to your use of the WiseOx Services, as contained in the Terms of Service, and such additional terms are considered a part of these Terms.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND WiseOx.
If you have any questions about these Terms or the Use, please contact WiseOx at accounts@wiseox.com.
1. Acceptance
Your use of the Sites is subject to these Terms of Use and the other WiseOx Agreements, which remain in effect as long as you use the Sites. YOU ACCEPT THESE TERMS BY ACCESSING OR USING THE SITES IN ANY MANNER OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS WHERE THIS OPTION IS MADE AVAILABLE TO YOU. You must be of legal age and capacity to form a binding contract to accept these Terms. By accepting these Terms, you also acknowledge that you have read and agree to our Privacy Policy. If you do not agree to these Terms, please do not use the Sites or the Services.
2. Using the Sites
Through our Sites, visitors can learn about our company, create an account, use the Services and communicate with WiseOx. If you create an account, your account allows you to use the WiseOx AI platform and such use is governed by the WiseOx Agreements. You agree to use your account in compliance with the WiseOx Agreements. You are responsible for maintaining the confidentiality of your account login credentials. You accept responsibility for all activity that occurs under your account. WiseOx is not liable for any loss or damage arising out of your failure to maintain your account security. You agree to notify us immediately of any suspected theft, loss, or fraudulent use of your login credentials.
3. Text Messaging Policy
You may provide us with your mobile phone number if you set up two-factor authentication and/or opt-in to our SMS account features. By opting in to SMS account features, you consent to receiving autodialed text messages, including SMS messages, that may be sent by or on behalf of WiseOx at the mobile phone number you provide us. The number of texts you receive will depend on how you choose to use the Services. Your use of the Services and receipt of text messages is entirely optional and will not impact your eligibility to use the Services. You can unsubscribe from text messages in your account settings. Please contact your wireless carrier if you have questions about messaging or data charges.
4. Contents and Ownership
Unless otherwise expressly indicated, the information contained on the Sites, including but not limited to all text, information, page headers, button icons, images, designs, data, graphics, slogans, photographs, written information, and other materials, as well as names, logos, taglines, trade dress, and other trademarks displayed on the Sites, are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by WiseOx (collectively, the “Contents”). The Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. The absence of a product name or logo from this list in no way constitutes a waiver of WiseOx’s intellectual property rights. No material contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Sites without the express written agreement of WiseOx. Improper use of trademarks displayed on the Sites is strictly prohibited.
WiseOx may provide you with access to one or more AI Mascots on the Site. You may interact with an AI Mascot on the Site through prompts and other data inputs (your “Inputs”) and you will receive outputs generated and returned by the AI Mascot based on your Inputs and the data used to train the AI Mascot (“Outputs”). WiseOx makes no representations whatsoever as to Outputs, including without limitation legality, distinctiveness, accuracy, completeness, consistency, or ability to be protected under intellectual property laws. It is your responsibility to evaluate Outputs for your own use. AI Mascots on the Site are intended for your personal or internal business use only. If you use the AI Mascot for another purpose, you do so at your own risk and subject to these Terms of Use.
You acknowledge and agree that, due to the nature of artificial intelligence technology, Outputs may not accurately reflect real people, places, or facts. Additionally, you understand and agree that:
- You will not use the intellectual property of any person or entity as Inputs unless you have license or other permission to do so. You will not otherwise use the AI Mascot to infringe another person’s or entity’s intellectual property rights. You are solely responsible for your use of another person’s or entity’s intellectual property as Inputs.
- Output may not always be accurate. You should not rely on Outputs as factual information or as a substitute for professional advice. You are responsible for verifying the facts presented in Outputs and using human review before using or sharing Outputs.
- Outputs may not be unique across users and the AI Mascot could generate the same or similar output for different users.
- You must not use Outputs for any purpose that could have a legal or material impact on a person (e.g., credit, educational, employment, housing, insurance, legal, medical, or other important decisions).
- It is possible that Outputs may provide incomplete, incorrect, or offensive information.
- Outputs do not represent WiseOx views. Outputs that contain references to third-party services does not mean the third party endorses or is affiliated with WiseOx.
- You must be at least 16 years old to use the AI Mascot on the Site. WiseOx does not knowingly permit registration or use of the AI Mascots by children under the age of 16 without consent from a parent or guardian.
As between you and WiseOx, and to the extent permitted by applicable law, you retain your ownership rights in your Inputs and you own your Outputs. We hereby assign to you all our right, title, and interest, if any, in and to Outputs. If WiseOx is deemed the owner of any of your Inputs or Outputs that is intended to be owned by you pursuant to these Terms, WiseOx hereby assigns to you all its right, title, and interest in and to such Inputs or Outputs. You are solely responsible for the accuracy, legality, completeness, and results of your Inputs and Outputs, including for ensuring that it does not violate any applicable laws or these Terms. WiseOx reserves the right to access and process your Inputs and Outputs for WiseOx’s internal business, legal, or compliance purposes or for any other purpose described in our Privacy Notice. WiseOx reserves the right to use anonymized data for any lawful purpose without restriction.
Under no circumstances will WiseOx be liable to you or any third party in any way for any data or other content viewed, copied, distributed, performed, made public, derived from the use of, or created as Outputs while using an AI Mascot on the Site, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
5. Trademarks
WiseOx’s registered and unregistered trademarks and trade dress, including the WiseOx names, the WiseOx. logo, and other names, logos, taglines, trade dress, and other trademarks of WiseOx, may not be copied, imitated, or used, whether in whole, partial, or modified form, without the prior written permission of WiseOx. You may not use any meta tags or any other hidden text utilizing a WiseOx name, trademark, or product name without WiseOx’s prior written permission. Third-party trademarks and service marks used on the Sites are the property of their respective owners, and we use them with their consent. WiseOx and the other licensors of the marks on the Sites reserve all rights with respect to all Contents and all intellectual property.
6. Limited License
As a user of the Sites, you are hereby granted a revocable, nontransferable, nonexclusive license to access, view information contained on, and interact with the Sites solely in compliance with the WiseOx Agreements. Except for the express licenses granted herein, WiseOx does not grant you any right, title, or interest in the Contents. You agree to take such actions as WiseOx may reasonably request to perfect WiseOx’s rights to the Contents. Without limiting the generality of the foregoing, you do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Contents without the prior written permission of WiseOx. Only a duly authorized officer of WiseOx may grant permission or a license to use any of the Contents; any attempted grant or similar promise by anyone other than a duly authorized agent of WiseOx is invalid.
7. Acceptable Use
By using the Site in any manner, you represent and warrant that (a) any information you submit to us is truthful and accurate, (b) you will maintain the accuracy of that information, and (c) your use of the Sites and available features does not violate any applicable law, rule, or regulation. Any information that you provide to us will also be subject to the WiseOx Agreements.
You may not use the Sites for any commercial purpose (except when transacting business with WiseOx per the Terms of Service) or for any unlawful or wrongful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Sites or any portion of it (including the Contents) or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Sites. Tampering with the Sites, conducting fraudulent activities via the Sites, and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Sites and/or the Services.
You are strictly prohibited from violating or trying to violate the security features of the Sites, such as by: (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures unless we expressly authorize that you do so in writing; (c) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Sites, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (d) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You hereby agree not to use any device, software, or routine to interfere or try to interfere with the proper working of, or any activity being conducted on, the Sites. You further agree not to use or try to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Sites other than the search engine and search agents that we make available on the Sites and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
You may not use our Sites or the Contents for any purpose not expressly stated in these Terms, including in any way that might disparage WiseOx. Any other use without the prior written permission of WiseOx is strictly prohibited. The permissions described herein will terminate automatically if you breach any of the WiseOx Agreements.
8. Feedback
You may provide WiseOx with certain communications, suggestions, comments, improvements, ideas, or other feedback related to the Sites (“Feedback”). You hereby grant to WiseOx all rights, titles, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Sites any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
9. User Content
You may have the opportunity to publish, transmit, submit, or otherwise post Feedback, comments, photos, or other materials via the Sites (collectively, “User Content”) that may be accessible and viewable by the public or others. With respect to any User Content posted by you, you represent that (a) you created and own the rights to the User Content, or you own or have the necessary licenses, rights, consents, and permissions to use and authorize WiseOx to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any User Content to enable inclusion thereof in the manner contemplated by these Terms; and (b) the User Content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks, rights of publicity or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies. WiseOx does not permit copyright infringing activities and infringement of intellectual property rights on the Sites. WiseOx reserves the right to remove User Content without prior notice.
You are solely responsible for the consequences of posting any User Content online. User Content must not (a) misrepresent your identity or affiliation with any person or organization; (b) seek to collect others’ Personal Information by any means; (c) seek to transmit chain letters, or bulk or junk email; (d) relate to contests, sweepstakes, or other sales promotions; (e) include information that may be used to track, contact, or impersonate another; (f) infringe any intellectual property or other proprietary rights of WiseOx or any other person; (g) seek to harm or exploit children; (h) contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory, profane, or otherwise offensive, damaging, unlawful, or harmful; (i) violate WiseOx’s or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act; or (j) be otherwise objectionable as determined by WiseOx at our sole discretion. WISEOX DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND WISEOX EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT.
10. Third-Party Services
Links between the Sites and third-party websites, platforms, and other services (“Third-Party Services”) are provided solely for your convenience. WiseOx is not responsible for the content of any Third-Party Services, nor do we make any representations about the content or accuracy of material on any Third-Party Services. The inclusion of any Third-Party Services on our Sites does not imply WiseOx’s approval or endorsement of such Third-Party Services. If you navigate to a Third-Party Service, you do so at your own risk and you will be subject to the Third-Party Service’s privacy policies and practices and not ours. Any concerns regarding any such Third-Party Service, or any link thereto, should be directed to the Third-Party Service’s owner or operator.
11. DMCA/Copyright Takedown Notices
If you are a copyright owner or an authorized agent thereof and you wish to file a notice of infringement with WiseOx, you may do so in writing to WiseOx, Inc. accounts@wiseox.com. Your notification must include at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Sites are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WiseOx to locate the material; (d) information reasonably sufficient to permit WiseOx to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. YOU ARE ADVISED TO CONTACT AN ATTORNEY BEFORE SENDING US A NOTICE. PLEASE NOTE THAT DEPENDING ON THE LAWS OF THE APPLICABLE JURISDICTION, A PERSON MAY BE SUBJECT TO LIABILITY IF THEY KNOWINGLY MATERIALLY MISREPRESENT THAT MATERIAL OR ACTIVITY IS INFRINGING.
12. Disclaimer of Warranties
YOUR USE OF THE SITES IS AT YOUR OWN RISK. WISEOX MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WISEOX DOES NOT WARRANT THAT THE SITES WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WITHIN THE SITES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION, OR ADVICE GIVEN BY WISEOX SHALL CREATE A WARRANTY WITHOUT A WRITING SIGNED BY WISEOX EXPRESSLY CREATING SUCH WARRANTY.
13. Indemnification
YOU AGREE TO INDEMNIFY AND HOLD WISEOX, OUR SUBSIDIARIES AND OUR AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, SHAREHOLDERS, OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, DUE OR RELATING TO OR ARISING OUT OF (A) YOUR USE OF THE SITES IN VIOLATION OF THESE TERMS, (B) YOUR BREACH OF THESE TERMS, OR (C) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS.
14. Limited Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WISEOX BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF WISEOX KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, ALL LIABILITY OF WISEOX, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE TOTAL FEES ATTRIBUTABLE TO THE TWELVE (12) MONTH PERIOD BEFORE THE INITIAL CLAIM AND PAID BY YOU OR, IF NO FEES WERE PAID DURING SUCH TWELVE (12) MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT WISEOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY FOR SERVICES IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States of America and the State of Oregon, without giving effect to its conflicts of law principles. You agree that any dispute arising from or relating in any way to the Site or the Services will be brought exclusively in the Federal or State courts located in the State of Oregon, and you agree to submit to the jurisdiction of such courts. If any provision of these terms and conditions shall be unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
16. Class Action Waiver
YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST WISEOX RELATED TO ANY CLAIM, DISPUTE, OR CONTROVERSY, AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST WISEOX OTHERWISE COMMENCED ON OR AFTER THE EFFECTIVE DATE OF THESE TERMS.
17. Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. This section affects rights that you may otherwise have. It provides for the resolution of most disputes through arbitration instead of court trials and class actions. YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. Any controversy or claim between you and WiseOx arising out of or relating to: (a) these Terms or the breach thereof, (b) your access to or use of the Services, or (c) any alleged violation of any federal or state or local law, statute or ordinance by you (each such controversy or claim, a “Claim”) shall be resolved exclusively by binding arbitration administered by the Arbitration Service of Portland (“ASP”), or its successor. Either party may commence the arbitration process called for in these Terms by filing a written demand for arbitration with ASP, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of ASP’s procedural rules in effect at the time of filing the demand for arbitration and will be held exclusively in Deschutes County, State of Oregon, USA. The parties will cooperate with ASP and with one another in selecting an arbitrator from ASP’s panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith and that they will share equally in its costs. This section may be enforced by any court of competent jurisdiction, and the prevailing party shall be entitled to an award of all costs, fees, and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered. Each party hereby consents to service of process by certified mail.
18. Consent to Do Business Electronically
By typing your name into any of our electronic forms and indicating your acceptance or submission of information, submitting information or content to WiseOx, or otherwise using the Sites, you affirmatively consent to (a) WiseOx communicating with you electronically; (b) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from WiseOx electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a computer or other web-enabled device, a connection to the internet, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Sites and keep them for your own reference. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at accounts@wiseox.com. Agreements and transactions executed prior to this request will remain valid and enforceable.
19. General Terms
WiseOx controls and operates the Sites from its offices within the United States. If you choose to access the Sites from another location, you do so on your own initiative and are responsible for compliance with applicable local laws. You acknowledge that you may not be able to access all or some of the Sites or Services outside of the United States, and that access thereto may not be legal by certain persons or in certain countries. No joint venture, partnership, employment, or agency relationship exists between you and WiseOx as a result of these Terms or your use of the Sites.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without prior written consent from WiseOx. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect. WiseOx’s failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other provision of these Terms.
WiseOx reserves the right to modify these Terms without notice. Pricing and products may change without notice. All changes are effective immediately when posted. If you use the Services in any way after a change to the Terms is effective, that means you agree to all the changes.