TERMS OF SERVICE
Please Read Carefully.
Updated: October 17, 2025
The services that Why of AI LLC d/b/a Why of AI and Expericom (hereinafter “Why of AI,” “we,” “our,” and “us”) provides to you are subject to the terms and conditions set forth herein (“Terms of Service”), which govern your access to and use of (1) our websites, mobile websites and applications, owned and operated by Why of AI, our predecessors or successors in interest, and any sites or applications that we may have now and/or in the future (collectively the “Site”), (2) all courses, materials, information, data, services and/or products accessible through the Site (“Site Services”), and (3) all retainer, subscription, or any other products or services offered outside of Site or Site Services (“Non-Site Services”). The Site, Site Services, and the Non-Site Services shall collectively be referred to herein as the “Services”. Capitalized terms such as ‘Sites’ and ‘Services’ are defined only for purposes of these Terms of Service.
When you check the box, submit a payment, complete a payment authorization form, use our Services, or sign an Order Form that refers to these Terms of Service, you’re agreeing to a binding legal agreement with Why of AI. These Terms of Service apply to your use of the Services whether you’re on a free plan, paid subscription, retainer or any other type of offering. If you’re accepting these Terms of Service on behalf of a company or other legal entity, you’re confirming that you have authority to bind that organization. If you don’t agree to these Terms of Service, stop using the Services right away. Any continued use is unauthorized.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WHY OF AI WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
1. CHANGES TO TERMS
We may update these Terms from time to time. When we do, we’ll post the updated version here and change the “last updated” date. The updated Terms take effect when posted unless we say otherwise. If the changes are significant, we may provide additional notice at our discretion. If you keep using the Services after the changes take effect, that means you accept the new Terms.
2. SCOPE OF USE
Eligibility and Behavior. You must be at least 18 years old and legally able to enter into these Terms of Service to use our Services.
For Content Providers. If you create educational or informational content to be published on Why of AI’s Services, you also agree to our separate Content Provider Terms of Service (available at https://docsend.com/view/ftetazasynhc4chs), which may be updated from time to time.
Use of Services and Availability. We work to keep our Services available, but sometimes downtime happens (for example, maintenance or events outside our control). We can deny or stop access to the Services at our discretion, but we will not cut off access to paid, non-Site Services without good reason. You may encounter content you find offensive or inaccurate; you use the Services at your own risk. We may update, suspend, or discontinue parts of the Services at any time.
Creating an Account. To fully use our Services, you need an account with a username (“Username”) and password (“Password” together with Username shall collective be referred to as “User Account). When setting up a User Account, you agree to (i) abide by all applicable laws, rules, and regulations, as well as indicate agreement to this Terms of Service, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by Why of AI in its sole and absolute discretion. You must provide accurate information and keep it updated and further agree not to use fake names, impersonate others, or share your User Account. Any Username and Password used for the Site and/or Site Services are for individual use only. You are responsible for keeping your password secure and for all activity under your User Account. Notify us right away if your User Account is compromised. Accounts are non-transferable. We may suspend or close accounts that violate these Terms of Service, including cases of fraud or false information. We also reserve the right to:
1. Hold you responsible for any damages we suffer,
2. Take legal action through the appropriate authorities, and/or
3. Notify your internet service provider about fraudulent activity connected with you or your account.
Materials and Recordings. We may share resources with you in connection with your use of the Services, including without limitation, notes, recordings, chats, analyses, phone-calls, studies, videos, books, courses, and other aids, procedures, techniques, operating methods, know-how, processes, formulas, source and object codes, data, improvements, plans, and/or marketing information and any other information which could reasonably be expected to benefit competitors of Why of AI (collectively, “Why of AI Materials”). These are proprietary to Why of AI. You may use them for your own personal use only. You may not copy, share, sell, or reproduce them without our written permission. Recording or reproducing Why of AI Materials without permission is prohibited. Because misuse could cause harm to Why of AI, we may seek legal remedies (including court orders) if you breach this section.
Communications from Why of AI. By using the Services, you agree to receive certain communications from us electronically (such as emails about services, features, or promotions). These count as “in writing” under the law. You can withdraw consent to receive communications electronically, but doing so will end your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
Your Responsibilities. Why of AI grants you the rights set forth herein, subject to the following conditions: (a) You shall not collect or harvest any personal data of any user of the Site or the Services; (b) You shall not use the Site or the Services for the solicitation of business in the course of trade or in connection with a commercial enterprise; (c) You shall not interfere or attempt to interfere with the proper functioning of the Service; (d) You shall not modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; (e) You agree not to submit or transmit any emails or materials through the Services that contain a virus, worm, Trojan horse or any other harmful component; (f) You shall not copy or imitate part or all of the design, layout, or look-and-feel of the Services or individual sections of it, in any form or media; (g) You are responsible for the accuracy and quality of the data and content that you submit; (h) You shall not submit content that is offensive, including without limitation, bigotry, racism, discrimination, hatred, and/or profanity; (i) You agree not to intentionally hold Why of AI and/or its employees and/or directors up to public scorn, ridicule and/or defamation; (j) You will not promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property; (k) You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the services and content provided on the Services, and to notify Why of AI promptly of any such unauthorized access and/or use; (l) You agree to act in accordance with all applicable laws and shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services; (m) You shall not make any automated use of the Site, the Services or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; (n) You agree not to bypass any robot exclusion headers or other measures we take to restrict access to the Services, or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data; (o) You shall not circumvent, disable or otherwise interfere with any security-related features of the Services or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Services; or (p) You shall not publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
3. ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE
Sometimes our Site or Services may have mistakes, such as typos, incorrect descriptions, pricing errors, or missing information. We reserve the right to: (a) cancel or withdraw any offer, (b) correct errors or omissions, and (c) update prices, content, promotions, services, or product descriptions at any time, without notice (unless the law requires us to notify you). Our Site and Services include resources, virtual products, and business concepts designed to help you improve your data literacy. However:
· We cannot promise that you’ll learn every aspect of data literacy by using our Services.
· We do not guarantee any specific results, such as improved skills, business performance, or income.
4. PROPRIETARY RIGHTS AND LICENSES
Ownership. The Site, the Site Services, and the content and the infrastructure used to provide them are proprietary to Why of AI, our affiliates, and other content providers. By using the Site or Site Services and accepting this Terms of Service: (a) Why of AI grants you a limited, personal, nontransferable, nonexclusive, revocable license and/or right to access and use the Site and/or Site Services; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, Why of AI Materials, software, products and/or services obtained from and/or through the Site or Site Services without the express written permission of Why of AI.
Reservation of Rights. Everything on our Site or Site Services, like text, videos, graphics, photos, icons, logos, and the overall layout, is protected by intellectual property laws. Why of AI owns or licenses these rights, and we keep all rights not specifically granted to you. You may not use our name, logo, or branding without written permission.
Posted Content. Be thoughtful about what you post and share. You should not expect privacy for anything you post publicly. You are responsible for any information, content, advice, discussions, images, photographs, video, audio, sounds, descriptions, comments, reviews, articles, blogs, ratings, responses, posts, messages, and/or any other material (“User Content”) submitted or transmitted through the Site and/or Site Services and/or communication facilities that may be offered on, through and/or in connection with the Site and/or Site Services from time to time. You give Why of AI a worldwide, perpetual, royalty-free license to use, share, and adapt your User Content in connection with providing our Services. Other users may also view and use your content as part of their use of our Site and/or Site Services. You may not suggest that Why of AI endorses your content.
Feedback. If you share ideas, suggestions, or feature requests with us (“Feedback”), you agree that Why of AI can use them freely, without any obligation to you. Why of AI has no obligation to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
Publicity. We may use photos or videos from events for marketing purposes, and you agree that we can use your likeness in these materials. If you provide a testimonial (written or video), you give us permission to use your name and words for promotional purposes. By doing so, you waive any claims (such as privacy or publicity rights) against us related to this use.
Online Content Disclaimer. Opinions, advice, statements, offers, or other information or content made available through the Site, are those of their respective authors, and should not necessarily be relied upon. We do not guarantee the accuracy or reliability of information posted by others. We are not responsible for losses or harm caused by relying on user content. While we may monitor or remove content that violates these Terms of Service or the law, we are not obligated to do so. Unauthorized use of the Services may result in civil or criminal penalties. If you become aware of a misuse of our Services or violation of these Terms of Service, please contact us legal@whyofai.com.
5. PROHIBITED CONDUCT
When using our Services, you agree not to:
· Collect or share other users’ email addresses, or send spam, ads, or any other unauthorized solicitations.
· Crawl, scrape, or use bots or automated tools to access our content, unless it’s through standard search engine technology or with our written permission.
· Use the Services in a way that could damage, disable, overload, or disrupt them, or that interferes with others’ ability to use and enjoy the Services.
· Try to access materials or information in ways not intentionally made available through the Services.
· Put an unreasonable load on our systems or otherwise interfere with how the Services work.
6. PAYMENT
General. By setting up a User Account, purchasing a membership, subscription, retainer, courses or product, and/or using and/or accessing the Services, you agree to pay Why of AI all fees (including without limitation fees for any overages incurred) in accordance with your applicable invoice, checkout terms, payment link, customer portal, online form, Order Form, or as otherwise stated on the Services. All payments must be made in U.S. dollars. By providing your payment details, you authorize Why of AI (and our third-party payment processors) to charge your account for all fees. Payments must be made in full and cannot be reduced or withheld unless required by law.
Trial or Promotions. From time to time, we may offer free or trial versions of our Services (“Offerings”). These are for limited, evaluation purposes only. Offerings are provided as-is with no guarantees, may include errors, and may be withdrawn or changed at any time.
Payment Account. Unless otherwise agreed, all fees shall be charged to the payment method you provide (credit card, ACH, or other approved method (“Payment Account”). By providing your Payment Account information, you authorize Why of AI (and its third-party payment processors) to store your payment credentials and process payments in connection with the Services, including recurring charges if applicable. Any authorization you provide to make automatic payments using the Services will remain in effect until cancelled. If your payment method changes, is closed, or is declined, you must update your information promptly. If payment cannot be processed, we may issue an invoice due within 15 days. Failure to pay may result in suspension or termination of Services, and you remain responsible for related fines, chargebacks, or refunds. We may work with third parties to process payments, and you agree we may share your information with them as needed.
Credit Card Surcharge. If you pay with a credit card, a three percent (3%) administrative fee will be added to cover processing costs. This fee is non-refundable. You can avoid this surcharge by paying via ACH or another non-credit card method.
Non-Site Services Payment. In consideration of the provision of the Non-Site Services, you agree to pay Why of AI the fees set forth in the Non-Site Service listing, an Order Form, or as otherwise agreed to by you and Why of AI in writing (via email accepted).
a. Retainer Fee. You shall pay a recurring monthly retainer fee for Non-Site Services, subscriptions or time-based monthly offerings (“Retainer”), payable in advance, with a minimum commitment of three (3) months. Unless otherwise agreed in writing, the Retainer requires a minimum commitment of three (3) consecutive months. The initial payment will be processed at the time of purchase, aligning with the start date of the Retainer. Subsequent payments will be charged on the same calendar day each month based on the original Retainer payment date (“Monthly Billing Date”). In certain cases, we may offer a one-month introductory term prior to the commencement of the three-month commitment, subject to separate written confirmation.
With Company’s prior written approval, availability, and capacity, Client may advance the full allotment of Retainer Hours from the next month (“Advanced Hours”) for immediate use. Upon approval, the retainer fee for that next month shall be due and payable in full, and the monthly billing cycle and Monthly Billing Date shall reset to the date Company begins work on the Advanced Hours. After the reset, Client may either continue on the new cycle or request another advancement, in which case the same process applies.
b. Additional Monthly Hours. Additional monthly hours per month of Retainer work performed by Why of AI for you that you request beyond the scope of the purchased Retainer (“Additional Monthly Hours”) are billed at the same hourly rate as the purchased Retainer. These Additional Monthly Hours are subject to Company availability and capacity, and will be charged monthly in arrears based on usage.
c. Additional Services. Additional services beyond the scope of the Retainer-related Non-Site Services, including but not limited to workshops, training, research, due diligence, and the design, development, testing, or delivery of AI-related solutions (e.g., automations, workflows, agents, models, or tools), may be requested by you. These additional Services will be charged monthly in arrears based on usage.
d. Hourly Work. Any non-Retainer hourly work performed by Company will be billed at our current hourly rates, payable in advance and processed at the time of purchase.
Expenses. You shall promptly reimburse Why of AI for any out-of-pocket expenses reasonably incurred in connection with the performance of the Services.
Taxes. All fees are exclusive of taxes. You are responsible for paying any taxes, duties, or charges (other than Why of AI’s income or payroll taxes).
Late Payment Suspension. If payments are late, we may suspend Services until all outstanding amounts are paid. Suspension for nonpayment is not a breach by Why of AI.
Refunds. All fees are nonrefundable unless otherwise agreed to by Why of AI in its sole and absolute discretion. For any questions regarding payments and/or our refund policy, please contact us at legal@whyofai.com.
7. TERMINATION
If you violate these Terms of Service, or if we suspect you have, we may suspend or block your access to the Services, in whole or in part. We also reserve the right, at our sole discretion, to terminate your access to the Services at any time, with or without notice. If you fail to pay required fees, share your access with others without permission, or misuse the Services in any way that violates the law, your access will be treated as fraudulent and terminated immediately. In these cases, we may also pursue civil or criminal remedies, and you will be responsible for all related costs.
8. NON-SITE SERVICES
Scope. We will jointly set priorities for Non-Site Services during recurring or ad-hoc planning sessions. These priorities will be documented in work summaries, project outlines, or meeting notes. These are informal guides, not binding contracts, but help keep us aligned around ongoing initiatives under the Non-Site Services.
Out of Scope Services. If you ask for services outside the agreed scope, you must submit the request in writing. We may, at our discretion (a) perform the work at our then-current hourly rate (“Hourly Work”), or (b) issue a separate Order Form.
Retainer Hours. Unused hours per month of Retainer work performed by Why of AI for you based on the purchased Retainer (“Retainer Hours”) and Additional Monthly Hours expire at the end of each monthly billing cycle and do not rollover or carry over. Retainer types or tiers may be changed, upgraded, or downgraded on any Monthly Billing Date upon 7 days’ written notice and written Company approval, subject to Company availability and capacity.
Ownership. Notwithstanding anything in this Terms of Service to the contrary, all works, materials, software, documentation, methods, apparatus, systems and the like specifically prepared, developed, or delivered as part of or in connection with the Non-Site Services for you, and all tangible embodiments thereof, shall be considered “Work Product”. Work Product excludes Background Technology, Pre-Existing Materials, or other reusable resources of Why of AI. You shall have exclusive title and ownership rights, including all intellectual property rights, throughout the world in all Work Product. Why of AI hereby irrevocably assigns all right title and interest, including intellectual property and ownership rights, in the Work Product to you, and will cause its representatives to irrevocably assign to you all such rights in the Work Product. Why of AI agrees that with respect to any Work Product that may qualify as a Work Made for Hire as defined in 17 U.S.C. §101, such Work Product is and will be deemed a Work Made for Hire and you will have the sole right to the copyright. You grant and have the authority to grant Why of AI a non-exclusive, paid-up, perpetual, worldwide license to use such Work Product during the performance of the Non-Site Services for the purposes set forth herein.
Pre-Existing Materials. Notwithstanding anything to the contrary contained herein, this Terms of Service does not restrict or deprive Why of AI of any of its rights or proprietary interests in any materials (including but not limited to designs, discoveries, creations, works, devices, masks, models, works in progress, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, know-how, training materials, plans, techniques and other materials) that existed prior to and/or independent of Why of AI’s performance of the Non-Site Services (“Pre-Existing Materials”). If Pre-Existing Materials are delivered in connection with or as part of the Work Product, Why of AI grants to you a limited, royalty-free, nonexclusive license to use the Pre-Existing Materials solely to enable you to use the Work Product for your internal business purposes. This license will survive the termination of this Terms of Service, provided that the Pre-Existing Materials are only used as part of the Work Product and not independently.
Background Technology. Notwithstanding anything to the contrary, “Background Technology” means any materials, software, algorithms, models, frameworks, prompts, prompt libraries, prompt-engineering strategies or methods, development repositories, tools, utilities, or other technology developed or acquired by Why of AI prior to or outside the scope of this engagement, or that are of general applicability and not specific to you. Why of AI retains all right, title, and interest in its Background Technology. To the extent any Background Technology is incorporated into the Work Product, Why of AI grants Client a non-exclusive, royalty-free, perpetual license to use such Background Technology solely as part of the Work Product and not separately or independently.
Attribution. You must attribute the Pre-Existing Materials in the manner specified by Why of AI, from time to time, but not in any way that suggests that Why of AI endorses you or your use of the Pre-Existing Materials. For avoidance of doubt, you shall not use Why of AI's Pre-Existing Materials to independently deliver Why of AI's products, models, frameworks, presentations, workshops and/or related services, without Why of AI's prior written consent.
Your Responsibilities for Non-Site Service.
· You agree to create and manage all billable accounts, API keys, or similar access credentials ("Tools") necessary for Why of AI to deliver the Services. You shall be responsible for configuring these Tools and inviting relevant Why of AI personnel, agents, representatives and/or subcontractors to the Tools with the appropriate access and permissions required to perform the Services in a timely manner. You acknowledge that any delays in setting up or granting access to these Tools may impact the delivery timeline of the Services.
· You will ensure availability and provide access to your Services stakeholders (e.g., business leadership, domain experts, product and/or technical team members) for collaborative sessions, input, feedback, reviews, access to resources and assets (e.g., data), and general support as needed to successfully complete the Services.
· All timelines and milestones are approximate and subject to change based on your availability, timeliness, and responsiveness.
Third-Parties. Why of AI is unable to provide time, cost, and scope estimations on behalf of, or in lieu of any development or implementation individual, contractor, company, or team that you engage to perform work related to the Non-Site Services that is not directly employed or contracted by Why of AI (“Third-Party Developers”). Third-Party Developers that you work with to build AI solutions during or following the Services may need to adjust or adapt some of Services Deliverables to align with their experience, expertise, capabilities, competencies, and recommendations. Some of Services Deliverables and any related development or implementation by you or Third-Party Developers may require refinement or modifications given the scientific, experimental, and rapidly advancing nature of artificial intelligence and machine learning (e.g., benchmarks, baselines, methods, tools, models, algorithms, architectures, etc.)
Confidentiality. For purposes of Non-Site Services, “Confidential Information” includes all personal and/or business information of one party (“Disclosing Party”) and any of its affiliates, clients and other third parties, to which the other party (“Receiving Party”) has access, whether in oral, written, graphic or machine-readable form, in the course of or in connection with the Non-Site Services. The Receiving Party will keep the Confidential Information confidential, and may disclose the Confidential Information to its officers, directors, employees, agents and subcontractors (and their employees) (“Representatives”) who have a need to know such Confidential Information solely in connection with the Non-Site Services. Receiving Party will cause such Representatives to comply with this Engagement Letter and will assume full responsibility for any failure to comply with the terms of this Terms of Service. The Receiving Party will not use any Confidential Information for any purpose other than to perform its obligations in connection with Non-Site Services. This Section does not apply to (i) information that is or becomes publicly available through no fault of the other party; (ii) was in possession of one the receiving party prior to its receipt from the disclosing party; (iii) is independently developed by the receiving party without reference to the Confidential Information; and/or (iv) becomes known from a third party independently of the receiving party’s knowledge and is not subject to an obligation of confidentiality.
9. INDEMNIFICATION AND WAIVER
You shall indemnify, defend and hold harmless Why of AI, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of or in relation to (i) use of User Content in the event of an infringement, violation, trespass, contravention or breach in the United States of any third party, or constitutes the unauthorized use or misappropriation of any trade secret of any third party, (ii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and/or representatives, (iii) your use of Why of AI’s Services and Why of AI Materials; and/or (iv) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to Why of AI upon your receipt of notice of any Claim against you which might give rise to a claim against Why of AI.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SERVICES, ANY CONTENT, AND/OR WHY OF AI MATERIALS ARE PROVIDED BY WHY OF AI TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, ALL OF WHICH WHY OF AI EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, WHY OF AI AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES, CONTENT OR WHY OF AI MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND/OR (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CONTENT, OR WHY OF AI MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE. WHY OF AI WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICE AND/OR ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHY OF AI OR THROUGH OR FROM USE OF THEIR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
11. LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL WHY OF AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF WHY OF AI HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY WHY OF AI ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, WHY OF AI’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WHY OF AI’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE GREATER OF (i) FEES, IF ANY, PAID BY YOU TO WHY OF AI FOR THE AFFECTED SERVICE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR (ii) $100.
12. THIRD PARTY SITES
Our Services may include links to independent third-party websites (“Linked Sites”). These links are provided for your convenience only.
· We do not control or endorse Linked Sites, and we are not responsible for their content, accuracy, reliability, or policies.
· Any interaction you have with a Linked Site is at your own risk, and you should review that site’s terms and privacy policy before using it.
· We may remove links at any time, at our sole discretion.
· We make no warranties, express or implied, about the accuracy, validity, or legality of the information on any Linked Sites.
13. SEPARATE AGREEMENTS
You may have other agreements with Why of AI. Such agreements are separate and in addition to this Terms of Service. Unless otherwise agreed in writing, the Terms of Service do not modify, revise or amend the terms of any other agreements you may have with Why of AI.
14. NO PROFESSIONAL ADVICE
The information available on the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. Why of AI does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Services. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS SITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
15. DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
Why of AI respects the intellectual property rights of others and expects you to do the same. We reserve the right to terminate your account or any other user who infringes third-party copyrights. We will respond to clear notices of copyright infringement when you provide the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) 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.
(iv) Information sufficient to permit Why of AI to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
(v) A statement that the complaining party has 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.
(vi) 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.
Contact information for Why of AI’s DMCA Agent for notice of claims of copyright infringement is: Why of AI LLC Attn: Copyright Agent, 211 W. Wacker Drive, Ste 120 PMB 2153, Chicago, IL 60606, legal@whyofai.com. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services or on sites linked to or from the Services. All other inquiries directed to the Copyright Agent will not be responded to.
16. USE OUTSIDE DEFINED AREA
Why of AI is based in the United States and follows U.S. laws, including privacy and data protection laws. Our Services are not intended for use in countries where access or use would be illegal or restricted. If that applies to you, you are not authorized to use our Services. If you choose to access our Services from outside the U.S., you do so at your own risk and are responsible for following local laws. This Terms of Service is written in English. If there’s any conflict between the English version and a translation, the English version controls.
By using the Services outside the U.S., you agree that:
1. Your personal data may be transferred to and processed in the United States.
2. You will not use the Services if you are located in a country subject to U.S. embargoes or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
3. You will not use the Services if you are prohibited from receiving products, services, or software from the United States.
17. RESOLUTION OF DISPUTES
Disputes. We want to address your concerns without needing formal legal case. Before filing a claim against Why of AI, you agree to try to resolve the dispute informally by contacting us at legal@whyofai.com. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or Why of AI agree to resolve any claims related to this Terms of Service through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting Why of AI within thirty (30) day of the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Terms of Service). You must write us at Why of AI LLC, Attn: Opt-Out Arbitration, 211 W. Wacker Drive, Ste 120 PMB 2153, Chicago, IL 60606. If you opt out, neither you nor Why of AI can require the other to participate in an arbitration proceeding.
Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitrate. Either you and/or Why of AI may assert claims, if they qualify, in small claims court in Cook County, Illinois. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of Why of AI’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Why of AI agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and Why of AI consent to the foregoing venue and jurisdiction. You agree that any cause of action related to or arising out of your relationship with Why of AI must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
18. ADA COMPLIANCE
We strive to follow the ‘Web Content Accessibility Guidelines’ to make our Services accessible to a wider range of people with disabilities. If you are using a screen reader and having issues reviewing these Terms or using our Services, please contact us at legal@whyofai.com.
19. MISCELLANEOUS
If any provision and/or term of this Terms of Service shall become and/or be declared illegal, invalid and/or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. This Terms of Service shall be governed in all respects by the laws of the State of Illinois, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Terms of Service, this Terms of Service will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or Why of AI of any breach and/or default and/or failure to exercise any right allowed under this Terms of Service is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under this Terms of Service.
Contact us: If you would like to request additional information regarding this Terms of Service, please contact us at legal@whyofai.com.