Welcome to WhatsKey

Terms of Service

Please read these Terms and Conditions (“Terms”) carefully before using any AI-generated content or associated services (“Services”) provided by WhatsKey Inc. (“WhatsKey”). By accessing, using, or otherwise engaging with the Services, you agree to these Terms. If you do not agree with these Terms, you must immediately cease using the Services.

WhatsKey reserves the right to modify these Terms at any time, effective upon posting the updated Terms on the website or relevant platform. Your continued use of the Services following any updates constitutes your acceptance of the revised Terms.

I. Intellectual Property

 

1. Ownership:


All content generated, hosted, or provided through WhatsKey, including but not limited to AI-generated text, graphics, logos, videos, software, and other materials (collectively referred to as “Content”), is the exclusive intellectual property of WhatsKey or its licensors. This includes any enhancements, updates, or modifications to the Content made by WhatsKey or on its behalf. Unless explicitly stated otherwise, WhatsKey retains all ownership rights, title, and interest in and to the Content, including any associated copyrights, patents, trademarks, or other intellectual property rights.

 

2. Licence for Use:


WhatsKey grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the AI-generated content for personal or commercial purposes, strictly in accordance with the intended functionality of the Services and these Terms.  This licence is granted solely for the purpose of using the Services as outlined in these Terms and does not allow for any use outside of that scope, including but not limited to redistribution, resale, or sublicensing of the Content. You agree to use the AI-generated content only as permitted by WhatsKey and in compliance with all applicable laws and regulations.

 

3. Limited Use:

The licence allows you to use the AI-generated content, but only within the boundaries of the intended functionality of WhatsKey’s Services. You are not permitted to use the content in any other way or for any other purpose than what is explicitly stated or implied by these Terms. This ensures that you use the content as part of the services for which it was designed.

 

4. Non-Exclusive:

This means that WhatsKey is not granting you exclusive rights to the AI-generated content. WhatsKey may provide the same or similar content to other users or entities, and you do not have any special or exclusive entitlement to the content.

 

5. Non-Transferable:

You cannot transfer, assign, or sublicense your rights to use the content to another party. In other words, you are the only one who has the right to use the AI-generated content under this licence, and you cannot give those rights to anyone else. This is to protect the intellectual property and control how the content is accessed and used.

 

6. Revocable:

WhatsKey has the right to revoke (cancel) the licence at any time and for any reason. This could happen if you breach any of these Terms or if WhatsKey decides to discontinue the content or modify the Services. Once revoked, you will no longer have the right to access or use the content.

 

7. For Personal or Commercial Purposes:

The licence allows you to use the content for both personal use (e.g., personal projects or internal business activities) and commercial purposes (e.g., using the content as part of a product or service offered to clients). However, this use is still restricted to the scope of WhatsKey’s Services as outlined in the Terms.

 

8. Compliance with Terms:

Your use of the AI-generated content must align with all conditions set forth in these Terms. This means adhering to all restrictions, obligations, and guidelines provided by WhatsKey regarding the appropriate and lawful use of the content.

 

9. Prohibited Uses:

The licence does not grant you permission to:

  • – Redistribute: You cannot share or distribute the content outside of your authorised use.
  • – Resell: You cannot sell, offer for sale, or profit directly from the AI-generated content without WhatsKey’s explicit permission.
  • – Sublicense: You cannot give others the right to use, access, or copy the content.
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10. Restrictions:


You are expressly prohibited from:

  • – Modifying, Reproducing, Distributing, or Creating Derivative Works: You may not modify, adapt, reproduce, distribute, or create derivative works of the AI-generated content, whether for commercial or non-commercial purposes, without the prior written consent of WhatsKey.
  • – Illegal, Harmful, or Fraudulent Use: You may not use any content or materials provided through the Services for any unlawful, harmful, fraudulent, or malicious activities, including but not limited to:
  • => Violating any intellectual property, privacy, or confidentiality rights.
  • => Engaging in defamation, harassment, or any content that may cause harm or distress to others.
  • => Using the content in a manner that is misleading, fraudulent, or intended to deceive third parties.
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11. Compliance with Laws:

You agree to use the AI-generated content in a way that adheres to all applicable laws, regulations, and industry standards. This includes not using the content for illegal, unethical, or harmful activities. For example, you must not use the content to infringe upon the intellectual property rights of others, or to engage in fraudulent or malicious activities.

II. Access and Use of the Services

1. Acceptable Use:


By accessing and using the Services, you agree to comply with all applicable local, state, national, and international laws and regulations. You also agree to use the Services in accordance with these Terms, and not to engage in any conduct that could damage, disable, overburden, or impair the Services or interfere with any other user’s use and enjoyment of the Services. You further agree not to use the Services for any unlawful or prohibited activities.

 

2. Prohibited Actions:


You are prohibited from engaging in any of the following actions:

  • Unauthorised Access: Attempting to gain unauthorised access to the Services or any systems or networks associated with WhatsKey, including through methods like data mining, scraping, or other automated data extraction tools.
  • Harmful or Illegal Content: Using the Services to create, upload, distribute, or otherwise engage in generating harmful, defamatory, offensive, or illegal content, including but not limited to content that violates intellectual property rights, infringes on privacy rights, or promotes harm or violence.
  • Exploitative Use: Using the Services or AI-generated content for competitive purposes without obtaining written approval from WhatsKey. This includes using the Services to develop competing products or services, or to create, reverse-engineer, or derive value from WhatsKey’s technology without express consent.
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3. Service Availability:


WhatsKey makes reasonable efforts to ensure uninterrupted access to its Services but does not guarantee availability and may modify or discontinue parts or all of the Services at its discretion.

III. User Accounts

 

1. Eligibility:

 

To create an account and access certain features of the Services, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is higher. By creating an account, you confirm that you meet this eligibility requirement and that the information you provide during registration is accurate, complete, and up-to-date.

 

2. Account Responsibility:


You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password. You agree to notify WhatsKey immediately of any unauthorised access to or use of your account or any other breach of security. WhatsKey is not liable for any loss or damage arising from your failure to comply with these obligations or from unauthorised use of your account.

 

3. Termination:


WhatsKey reserves the right, at its sole discretion, to suspend or terminate your account without notice if you violate these Terms, engage in any unauthorised or illegal use of the Services, or fail to comply with applicable laws or regulations. Upon termination, you must cease all use of the Services, and WhatsKey may deactivate or delete your account and associated data in accordance with its Privacy Policy.

IV. AI-Generated Content

 

1. Nature of Content:


The content generated by WhatsKey’s AI systems is designed solely for informational, illustrative, or exploratory purposes. Such content is not intended to replace professional advice, recommendations, or assessments in any field, including but not limited to legal, financial, medical, or technical domains. WhatsKey makes no representations or warranties regarding the accuracy, completeness, or appropriateness of AI-generated content for any specific purpose.

 

2. User Responsibility:


You acknowledge and agree that you are solely responsible for evaluating and determining the suitability of any AI-generated content provided by WhatsKey for your intended use.  You accept all risks associated with the reliance on or application of such content, including any outcomes, inaccuracies, or unintended consequences that may arise. You further agree to exercise due diligence in reviewing and verifying any AI-generated content before implementing or acting upon it.

 

3. Feedback:


If you choose to provide feedback, suggestions, or comments regarding AI-generated content, you grant WhatsKey a perpetual, irrevocable, sublicensable, royalty-free, and worldwide licence to use, reproduce, modify, distribute, and adapt such feedback. This includes the right to incorporate your feedback into existing or future products, services, or systems developed by WhatsKey.  You agree that you shall have no claim to any compensation, acknowledgment, or ownership related to the use of your feedback.

V. Limitation of Liability

 

In no event shall WhatsKey be liable for any losses or damages of any kind, including but not limited to direct, indirect, special, incidental, punitive, or consequential damages, or damages arising from lost profits, lost data, loss of business, or loss of use, however caused and under any theory of liability, whether in contract, tort (including negligence), or otherwise, arising out of or related to your access to or use of the services, AI-generated content, or any materials provided by WhatsKey. This limitation applies even if WhatsKey has been advised of the possibility of such damages.

VI. Indemnification

 

You agree to indemnify, defend, and hold harmless WhatsKey, its parent company, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, and partners (collectively, “WhatsKey Parties”) from and against any and all claims, damages, liabilities, losses, expenses, and costs (including reasonable legal fees) arising out of or related to:

 

1. Violation of Terms:


Your use of the Services in a manner that breaches these Terms, applicable laws, regulations, or third-party rights. This includes unauthorised access to or misuse of WhatsKey’s platform, such as attempting to circumvent security measures, sharing credentials with unauthorised parties, or engaging in activities that infringe intellectual property rights.

 

2. Content or Material Generated Using WhatsKey’s AI Services:


Any content, material, or data that you generate, upload, or share using WhatsKey’s AI-powered services. This includes situations where:

 

  • The generated content violates applicable laws or regulations (e.g., defamation, hate speech, or plagiarism).
  • The content infringes upon third-party rights, including intellectual property, privacy, or proprietary information.
  • The use or distribution of the content causes harm to third parties, such as through misinformation, fraudulent activities, or reputational damage.

 

3. Scope of Indemnification:


This obligation applies regardless of whether the claims or damages arise directly from your actions or indirectly due to your negligence or failure to comply with these Terms. WhatsKey reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification, in which case you agree to cooperate fully as reasonably requested.

 

4. Exclusions:


WhatsKey will not hold users liable for claims or damages arising solely from the company’s own negligence, willful misconduct, or breach of these Terms.

              Examples of Indemnifiable Scenarios:

  • Unauthorised Use: A user misuses WhatsKey’s platform to upload fraudulent documents, causing legal action from affected parties.
  • AI Misuse: Content generated using WhatsKey’s AI services leads to a lawsuit from a third party claiming copyright infringement or defamation.
  • Breach of Security: Sharing your account credentials results in unauthorised access to sensitive data, triggering liability for damages or regulatory penalties.

VII. Modifications, Termination, Survival and Severability

 

WhatsKey reserves the right to modify its services, platform functionality, features, materials, and content at any time, without prior notice. This includes the ability to add, update, suspend, or remove services or features to better serve its users or adapt to evolving technological, legal, or business needs. WhatsKey also reserves the right to amend these Terms of Service at its sole discretion. Users will be notified of material changes to the Terms through updates on the platform or email communications. Continued use of the platform after modifications to the Terms constitutes acceptance of the changes.

 

1. Termination of Access:


WhatsKey may terminate or suspend your access to its platform and services at any time, without prior notice, for any reason, including but not limited to breaches of these Terms or misuse of the services. Upon termination, your rights to access and use WhatsKey’s services will immediately cease. Users agree to cease all use of the platform upon termination.

 

2. Survival of Terms:


All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to clauses regarding ownership, confidentiality, warranty disclaimers, indemnification, and limitations of liability. These provisions ensure WhatsKey’s ability to enforce its rights and maintain the integrity of its services even after a user’s access is terminated.

 

3. Severability:


If any provision of these Terms is deemed unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. This ensures that the rest of the agreement remains in effect, even if a specific clause is invalidated.

 

4. Blocking or Denial of Access:


WhatsKey reserves the right to take technical, legal, or operational actions to block, nullify, or deny a user’s ability to access the platform or services if deemed necessary. These actions may be undertaken to protect WhatsKey, its users, or third parties from harm, fraud, or misuse. WhatsKey may exercise these rights at its sole discretion, in addition to any other legal remedies available.

VIII. Governing Law

 

These Terms and Conditions and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of England and Wales, unless otherwise required by applicable mandatory EU law, including but not limited to Regulation (EU) No 2016/679 (General Data Protection Regulation – GDPR) and Directive 2013/11/EU on Alternative Dispute Resolution for Consumer Disputes.

IX. Dispute Resolution Clause


Any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions, including the breach, termination, or validity thereof, shall first be referred to mediation under the rules of the Centre for Effective Dispute Resolution (CEDR). The mediation shall be conducted in London, United Kingdom, or another mutually agreed location within the European Union. The language of mediation shall be English. The parties agree to attempt in good faith to resolve the dispute through mediation, with each party bearing its own costs and sharing the mediator’s fees equally. If mediation fails to resolve the dispute within thirty (30) days from the commencement of the mediation process, the dispute shall proceed to arbitration as outlined below.


If mediation fails to resolve the dispute within (60) days, the dispute shall be referred to and finally resolved by arbitration under the rules of the International Chamber of Commerce (ICC). The arbitration shall be conducted by a single arbitrator (or three arbitrators for complex cases) appointed under the ICC Rules. The seat of arbitration shall be Paris, France, and the proceedings shall be conducted in English. The arbitration award shall be final and binding, and judgement upon the award may be entered in any court of competent jurisdiction.


For consumer disputes arising in the European Union, WhatsKey complies with the EU Directive on Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) platforms. Consumers may also submit their disputes to a recognized ADR body listed by the European Commission.

X. Privacy Policy

 

Your use of the Services is also governed by WhatsKey’s Privacy Policy, which is incorporated by reference into these Terms.  For the current WhatsKey Privacy Policy, please Click here.

XI. Contact Information

 

For questions or concerns about these Terms, please contact:


WhatsKey Inc.
info@whatskey.eu
71-75 Shelton Street

Covent Garden

London

WC2H 9JQ

United Kingdom

Last updated 21st November 2024

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