WiiOutside

Terms of Service

Last updated: January 2024

1. Acceptance of Terms

By accessing or using WiiOutside ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.

2. Description of Service

WiiOutside is an SMS-based conversational assistant that helps users discover events and businesses through natural language queries. The Service uses artificial intelligence to:

  • Understand and process your search queries
  • Search for relevant events and businesses
  • Provide personalized recommendations based on your preferences
  • Facilitate communication via SMS messaging

3. User Accounts and Registration

  • You must provide accurate, current, and complete information during registration
  • You must maintain and update your information to keep it accurate
  • You are responsible for maintaining the confidentiality of your account
  • You are responsible for all activities that occur under your account
  • You must be at least 13 years old to use the Service
  • You must have the legal capacity to enter into these Terms

4. Acceptable Use

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Send spam, unsolicited messages, or engage in harassment
  • Attempt to gain unauthorized access to the Service or its systems
  • Interfere with or disrupt the Service or servers connected to the Service
  • Use automated systems (bots, scrapers) to access the Service without permission
  • Impersonate any person or entity or misrepresent your affiliation
  • Transmit any viruses, malware, or harmful code
  • Violate any applicable local, state, national, or international law

5. Third-Party Services and APIs

5.1 OpenAI Services

The Service uses OpenAI's API services, including GPT-4 and text-embedding-3-small, for natural language processing and semantic search. By using the Service, you acknowledge that:

  • Your messages and queries may be processed by OpenAI's systems
  • OpenAI's services are subject to their own Terms of Use and Privacy Policy
  • We are not responsible for OpenAI's service availability or performance
  • You agree to comply with OpenAI's Usage Policies, including restrictions on harmful content

OpenAI's Terms: https://openai.com/policies/terms-of-use

5.2 Twilio Services

The Service uses Twilio for SMS messaging. By using the Service, you acknowledge that:

  • SMS messaging is subject to Twilio's Terms of Service
  • Standard messaging rates may apply (check with your carrier)
  • Message delivery is not guaranteed and may be subject to carrier limitations
  • You can opt out of messages by replying STOP

Twilio's Terms: https://www.twilio.com/legal/tos

5.3 Google Services

The Service uses Google's Geocoding API for location services. By using location features, you acknowledge that:

  • Location data is processed by Google's services
  • Google's services are subject to their Terms of Service
  • We are not responsible for Google's service availability or accuracy

Google Maps Platform Terms: https://developers.google.com/maps/terms

5.4 AWS Services

The Service is hosted on Amazon Web Services (AWS). Your use of the Service is subject to AWS's terms and conditions, though you are not directly contracting with AWS.

6. Content and Intellectual Property

  • The Service and its original content, features, and functionality are owned by WiiOutside and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws
  • Event and business information displayed through the Service is provided by third parties and is subject to their respective terms
  • You retain ownership of messages you send, but grant us a license to use, process, and store them to provide the Service
  • You may not reproduce, distribute, modify, or create derivative works of the Service without our permission

7. Disclaimers and Limitations of Liability

7.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that:

  • The Service will be uninterrupted, secure, or error-free
  • Results will be accurate, complete, or meet your requirements
  • Defects will be corrected

7.2 Event and Business Information

We do not endorse, guarantee, or assume responsibility for any events or businesses listed in our search results. Information about events and businesses is provided by third parties and may be inaccurate, incomplete, or outdated. You should verify all information independently before making decisions.

7.3 Limitation of Liability

To the maximum extent permitted by law, WiiOutside and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages resulting from your use or inability to use the Service
  • Damages resulting from any events or businesses you discover through the Service
  • Damages resulting from third-party services (OpenAI, Twilio, Google, AWS)

Our total liability shall not exceed the amount you paid us in the past 12 months, or $100, whichever is greater.

8. Indemnification

You agree to defend, indemnify, and hold harmless WiiOutside and its affiliates, officers, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit or transmit through the Service

9. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including:

  • Breach of these Terms
  • Fraudulent, abusive, or illegal activity
  • Request by law enforcement or government agency
  • Extended periods of inactivity

You may terminate your account at any time by contacting us. Upon termination, your right to use the Service will immediately cease.

10. SMS Messaging Terms

  • By providing your phone number, you consent to receive SMS messages from us
  • Message and data rates may apply (check with your carrier)
  • You can opt out at any time by replying STOP
  • For help, reply HELP
  • We are not responsible for messages that are undelivered due to carrier issues
  • Carriers are not liable for delayed or undelivered messages

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by updating the "Last updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts of [Your Jurisdiction].

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14. Contact Information

If you have any questions about these Terms of Service, please contact us:

  • Via SMS: Text us your question
  • Email: [Your contact email]
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