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WOONKLY.AI TERMS AND CONDITIONS OF USE
Last updated: September 16, 2024

INTRODUCTION

Welcome to Woonkly.ai (“the Marketplace”), an online platform that allows users to buy, sell, and access digital products generated through artificial intelligence, including videos and personalized avatars. By using our Marketplace, you agree to these Terms and Conditions and expressly to the Privacy Policy. If you do not agree with any of the terms, you must refrain from using our services.

1. ACCEPTANCE OF TERMS

By accessing Woonkly.ia, creating an account, or making a purchase, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy, which is incorporated into these terms by reference. These Terms and Conditions constitute a binding contract between you and Woonkly.ai.

2. ELIGIBILITY REQUIREMENTS

To use Woonkly.ai, you must be at least 18 years of age or the legal age of majority in your state or jurisdiction, and you must have the legal capacity to accept these Terms and Conditions. By using the site, you confirm that you meet these requirements. If you are using Woonkly.ai on behalf of an entity, you represent and warrant that you have the authority to bind that entity.

3. DEFINITIONS

User: A person who accesses the Marketplace, whether to purchase or sell products or services.
Provider: A natural or legal person offering digital products on Woonkly.ai.
Product(s): AI-generated videos, avatars, and other digital goods sold on Woonkly.ai.

4. MARKETPLACE SERVICES

Woonkly.ai offers a platform where users can acquire digital products generated through artificial intelligence (AI), such as videos and personalized avatars. All products offered on Woonkly.ai are created by third parties or by the platform itself, and users can purchase or retain such products by paying a fee.

The Marketplace does not guarantee the continuous and uninterrupted availability of its services. We reserve the right to suspend or modify the website and services at any time and without prior notice for maintenance or technological updates.

5. ACCOUNT CREATION

To access certain services on Woonkly.ai you must create an account by providing complete and accurate information. You are responsible for maintaining the confidentiality of your account and password, as well as for all activities that occur under your account. Notify us immediately if you detect any unauthorized use of your account.

6. CONDUCT AND ACCEPTABLE USE

By using Woonkly.ai, you agree to comply with all applicable federal, state, and local laws. Additionally, you agree not to:

• Upload, share, or sell products that infringe intellectual property rights, trademarks, patents, or copyrights of third parties.

• Use the Marketplace for fraudulent or deceptive activities.

• Access or attempt to access areas of the site not authorized for you.

• Use products purchased on Woonkly.ai for illegal, defamatory, obscene, or misleading purposes.

We reserve the right to suspend or cancel your account if you violate these Terms and Conditions or engage in any activity that, in Woonkly.ai ‘s discretion, is inappropriate or harmful to our platform or users.

7. INTELLECTUAL PROPERTY RIGHTS

All content on the Marketplace, including AI-generated videos, avatars, and any other available digital products, is owned by Woonkly.ai or the respective providers. Unless otherwise stated, when purchasing a product, you are granted a limited, non-exclusive, and non-transferable license to use the product under the specified terms.

Reproduction, distribution, or sale of any Woonkly.ai content is strictly prohibited without the express authorization of the rightful owner.

8. LICENSES AND USE RESTRICTIONS

Depending on the type of product you purchase, a specific usage license may apply. Unless otherwise stated, purchasing a digital product on Woonkly.ai does not transfer ownership of the product but grants you a license to use the product under the specified terms.

Licenses granted may include limitations such as personal use, prohibition of commercialization, or prohibition of modifying the product.

9. PRICES AND PAYMENT METHODS

All product prices offered on Woonkly.ai are clearly stated on the website and may vary depending on the product or provider. We reserve the right to change prices without prior notice, although such changes will not affect purchases already made.

Woonkly.ai accepts payment methods available on the platform or other online payment services. The transaction will be considered complete once the payment is validated and the product is delivered or made available for download.

10. REFUND POLICY

Since digital products cannot be physically returned, all products sold on Woonkly.ai are considered final sales. Refunds will not be granted unless it is proven that the product is defective or does not match the provided description. Any refund request must be made within 5 days of purchase.

11. DISCLAIMER AND LIMITATION OF LIABILITY

Woonkly.ai is not responsible for:

• Any errors or interruptions in the Marketplace service.

• The quality, suitability, or accuracy of the digital products sold.

• Losses or damages resulting from the misuse of the products purchased.

To the extent permitted by applicable law, Woonkly.ai shall not be liable for indirect, incidental, special, or consequential damages arising from the use of the Marketplace or the products purchased.

12. PRIVACY

The personal information you provide when creating an account or making a purchase on Woonkly.ai is protected in accordance with our Privacy Policy. Your use of the Marketplace implies acceptance of our data management practices.

13. CHANGES TO THE TERMS AND CONDITIONS

We reserve the right to modify these Terms and Conditions at any time. Any changes will take effect once posted on the Woonkly.ai website. We recommend reviewing these terms periodically to ensure you are aware of any updates. Continued use of the Marketplace after changes are posted implies your acceptance of the new terms.

14. TERMINATION

We reserve the right to suspend or terminate your account and access to the Marketplace if you violate these Terms and Conditions or if, at our discretion, we determine that your use of Woonkly.ai is inappropriate or harmful to our platform or users.

15. GOVERNING LAW AND JURISDICTION

These Terms and Conditions will be governed and interpreted in accordance with the laws of the State of California, USA, without regard to conflict of law principles. Any disputes arising in connection with these Terms will be resolved exclusively in the state or federal courts located in San Francisco, California.

16. INDEMNIFICATION

You agree to indemnify and hold Woonkly.ai its directors, employees, and affiliates harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Marketplace, your breach of these Terms and Conditions, or your violation of any third-party rights.

17. CONTACT

If you have any questions or concerns about these Terms and Conditions, you can contact us at [email protected].


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