WOOWEE Inc. (operating as WOOWEE / woowee.ai) Effective Date: July 11th, 2026 Last Updated: July 29th, 2026
1. ACCEPTANCE OF TERMS
By accessing or using the WOOWEE platform, including the website located at woowee.ai and any subdomain, application, or interface operated by WOOWEE Inc. (collectively, the "Platform"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not access or use the Platform.
By continuing to use the Platform, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
These Terms apply to all users of the Platform, including (a) individuals and businesses who create an AI profile on WOOWEE ("Merchants," "Account Holders," or "you"), and (b) individuals who visit, browse, or interact with a WOOWEE AI profile without creating their own account ("Visitors"). Where a provision applies specifically to one category, it is identified as such.
2. ELIGIBILITY
You must be at least 18 years of age to create an account or an AI profile on the Platform. By creating an account, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If we discover or have reason to believe that an Account Holder is under 18 years of age, we reserve the right to suspend or terminate that account immediately without notice and without liability to you.
WOOWEE does not knowingly collect personal information from individuals under the age of 18. Visitors interacting with a WOOWEE AI profile are not required to create an account and are not age-verified; parents and guardians are encouraged to supervise minors' use of the internet generally.
3. DESCRIPTION OF SERVICE
WOOWEE is a platform that allows individuals and businesses to create a conversational AI-powered profile ("AI Profile") that can answer visitor questions, showcase products and services, and — where enabled — facilitate the sale of products and services directly through chat, including order-taking, appointment scheduling, and gift card sales. WOOWEE is not a licensed broker, financial advisor, legal services provider, or professional services firm of any kind, and does not vet, endorse, or guarantee the accuracy of any Merchant's business information, products, services, or AI-generated responses.
Merchants may elect to use their AI Profile as their primary or sole online presence, including by connecting a custom domain, replacing an existing website, or relying on the Platform as their primary method of accepting customer orders. WOOWEE Inc. makes no representation that the Platform is suitable for use as a Merchant's sole or primary business-critical infrastructure, and any Merchant who elects to use it as such does so entirely at their own risk, as further described in Section 8.2.
All information, recommendations, and responses provided through any AI Profile are:
- Generated in whole or in part by artificial intelligence technology, based on information supplied by the relevant Merchant and general knowledge available to the underlying AI model;
- Provided for general informational purposes only;
- Not guaranteed to be accurate, complete, current, or error-free;
- Subject to change without notice.
You acknowledge that any decisions you make — including any purchase decision — based on information provided by an AI Profile are made at your sole risk and discretion, and that WOOWEE Inc. bears no responsibility or liability for any such decisions or their outcomes.
4. NO PROFESSIONAL ADVICE
INFORMATION PROVIDED THROUGH ANY WOOWEE AI PROFILE DOES NOT CONSTITUTE AND SHOULD NOT BE RELIED UPON AS MEDICAL, LEGAL, FINANCIAL, REAL ESTATE, OR ANY OTHER FORM OF PROFESSIONAL ADVICE, REGARDLESS OF THE MERCHANT'S STATED OCCUPATION OR CATEGORY.
WOOWEE Inc. does not owe any fiduciary duty to you or any user of the Platform. No fiduciary, advisory, brokerage, or agency relationship is created between you and WOOWEE Inc., or between you and any Merchant, by your use of the Platform.
The Platform, and any AI Profile operating on it, is not designed, intended, or warranted for use in any situation requiring fail-safe performance, and is not appropriate for any use where the failure, error, or unavailability of the Platform could lead to death, personal injury, or severe physical, environmental, or financial harm.
Always consult with a licensed professional before making any medical, legal, financial, or other significant decision. WOOWEE Inc. expressly disclaims any and all liability arising from your reliance on any information provided through the Platform.
5. AI-GENERATED CONTENT AND DATA ACCURACY DISCLAIMER
The Platform uses artificial intelligence technology, including large language models and other third-party AI service providers, to generate responses on behalf of Merchants. You acknowledge and agree that:
- AI-generated content may contain errors, inaccuracies, hallucinations, or outdated information;
- WOOWEE Inc. does not guarantee the accuracy, completeness, timeliness, or reliability of any AI-generated content;
- AI responses are not a substitute for professional advice from a licensed professional;
- You are solely responsible for independently verifying any information provided before acting upon it;
- The AI models used by the Platform are provided in part by third-party providers, and WOOWEE Inc. is not responsible for their outputs, limitations, availability, or errors;
- The Platform may display a notice that its AI can make mistakes and that responses should be independently verified. This notice is accurate and should be taken seriously at all times.
5.1 Merchant Acknowledgment (Account Holders Only)
If you create an AI Profile, you separately acknowledge and agree that:
- Your AI Profile will generate responses to Visitors autonomously, without your prior review of each individual response;
- You are solely responsible for reviewing, training, and monitoring the content and instructions you provide to your AI Profile;
- WOOWEE Inc. is not liable for any statement, representation, promise, or output made by your AI Profile to any Visitor, including inaccurate pricing, availability, or business information;
- You are solely responsible, at your own risk, for the content your AI Profile presents to Visitors, and you agree to indemnify WOOWEE Inc. for any claim arising from your AI Profile's output, as set out in Section 19 below.
5.2 Visitor Consent to Data Collection (Visitors Only)
A Merchant's AI Profile may, in the course of conversation, ask a Visitor to provide their name, email address, phone number, or other personal information for the purpose of enabling the Merchant to follow up with them. By voluntarily providing any such information in a chat conversation, you consent to that information being collected, stored, and made available to the Merchant operating that AI Profile, in accordance with our Privacy Policy. You are never required to provide personal information to continue a conversation with an AI Profile.
5.3 Order Accuracy (Merchants Only)
Where a Merchant's AI Profile is used to take, process, quote, or confirm customer orders, reservations, or appointments, the Merchant acknowledges and agrees that:
- The AI may misinterpret customer input, quote incorrect prices, reference discontinued or unavailable items, misstate quantities, or otherwise generate an inaccurate order, reservation, or appointment;
- The Merchant is solely responsible for reviewing and verifying all order, reservation, and appointment details prior to fulfillment;
- The Merchant bears full responsibility for any consequence of fulfilling, failing to fulfill, or incorrectly fulfilling an order, reservation, or appointment generated in whole or in part by the AI Profile;
- WOOWEE Inc. is not liable for any loss, refund, chargeback, customer dispute, lost revenue, or reputational harm arising from an inaccurate AI-generated order, reservation, or appointment.
5.4 No Warranty for Autonomous or Unattended Commercial Use
WOOWEE Inc. does not warrant that the Platform, or any AI Profile, is safe, suitable, or reliable for autonomous or unattended commercial use of any kind, including but not limited to accepting payment, confirming orders, or communicating with customers without human review. Any Merchant who chooses to operate their AI Profile in this manner does so entirely at their own risk and assumes full responsibility for the outcome of any AI-generated interaction, order, or transaction.
6. THIRD-PARTY AI MODELS AND SERVICE PROVIDERS
The Platform integrates third-party artificial intelligence models and relies on third-party infrastructure providers — including, without limitation, payment processors, cloud hosting providers, email delivery services, SMS/text messaging providers, receipt printing services, domain name registrars and DNS providers, AI model providers, and any third-party hardware (including printers, tablets, or kitchen display devices) used in connection with the Platform. These third-party providers are independent companies with their own terms of service and privacy policies. WOOWEE Inc.:
- Does not control the outputs, behavior, or limitations of any third-party AI model or service provider;
- Is not responsible or liable for any errors, inaccuracies, delivery failures, printing failures, hardware malfunctions, or harmful content generated or caused by any third-party provider;
- Does not warrant that any third-party service will be available, uninterrupted, or error-free;
- May change, replace, or discontinue the use of any third-party provider at any time without notice.
Your use of the Platform constitutes your acknowledgment and acceptance of the involvement of third-party service providers and their inherent limitations.
7. ACCOUNTS AND AI PROFILES
To create an AI Profile, you must register for an account using your email address or through a supported third-party sign-in method. By creating an account, you agree to:
- Provide accurate, current, and complete registration information;
- Maintain the security and confidentiality of your account credentials;
- Accept full responsibility for all activities that occur under your account;
- Not share your account credentials with any third party;
- Complete the Platform's onboarding process before publishing your AI Profile publicly.
We reserve the right to suspend or terminate accounts that provide false information, violate these Terms, or engage in any conduct that we determine, in our sole discretion, to be harmful to the Platform, its users, or its reputation.
7.1 Usernames
Each AI Profile is assigned a unique username, which forms part of the Profile's public URL. You acknowledge and agree that:
- Your username is licensed to you for use on the Platform and is not owned by you;
- WOOWEE Inc. reserves the right, at its sole discretion and without prior notice or liability, to reclaim, reassign, suspend, or delete any username that: (a) infringes a third party's trademark or other intellectual property rights; (b) impersonates any individual, business, or organization; (c) is offensive, misleading, or violates these Terms; (d) has been inactive for an extended period; or (e) WOOWEE Inc. otherwise determines, in its sole discretion, should be reclaimed;
- WOOWEE Inc. reserves the right to delete, revoke, cancel, confiscate, or reassign any username or AI Profile, and to suspend or ban any account, at any time, without prior warning or notice, and without liability to you.
7.2 Account Deletion and Username Release
You may delete your account at any time through your account settings. Upon deletion:
- WOOWEE Inc. will revoke your ability to sign in and will remove your active login credentials;
- Your username is not immediately released and does not become immediately available for use by another individual;
- WOOWEE Inc. may hold a deleted username for a period of time, at its sole discretion, before it becomes available for use by another user, and does not publish or guarantee any specific timeline for username release;
- WOOWEE Inc. reserves the right to permanently retain, and never release, certain usernames, including those associated with reported violations, trademark disputes, or accounts of particular significance, at its sole discretion.
7.3 Data Retention and Backup
Merchants are solely responsible for independently maintaining their own records of menu items, product listings, pricing, order history, customer contact information, and any other data entered onto or generated through the Platform. WOOWEE Inc. does not guarantee the preservation, backup, retention period, or recoverability of any data stored on or processed through the Platform, and shall not be liable for any loss, corruption, or unavailability of Merchant data, however caused.
8. SUBSCRIPTION PLANS, BILLING, AND ADVERTISING
WOOWEE offers Free and paid subscription plans. Paid plans are billed either monthly or annually, as selected at checkout.
- Monthly subscriptions may be cancelled at any time and will remain active until the end of the current billing period. No partial-month refunds are provided.
- Annual subscriptions are billed as a single upfront, non-refundable payment and cannot be cancelled for a prorated or partial refund once processed. A Merchant on an annual plan who wishes to change plans mid-term must purchase the new plan at its full price; no credit, refund, or proration will be issued for the unused portion of the current annual term.
- Add-ons (including but not limited to verification badges, logo add-ons, premium themes, and any other recurring add-on feature) are billed monthly and may be cancelled at any time; cancellation takes effect at the end of the current billing period, and no partial-month refunds are provided. One-time purchases, including additional AI credit packs, are non-refundable once processed.
- All fees are exclusive of applicable taxes unless stated otherwise.
- WOOWEE Inc. reserves the right to change subscription pricing at any time, with reasonable notice to existing subscribers before the change takes effect on their next billing cycle.
8.1 Advertising on Free Plans
By creating and maintaining an AI Profile on WOOWEE's Free plan, you acknowledge and consent to WOOWEE Inc. displaying advertising, promotional content, or sponsored placements on or alongside your AI Profile. Paid subscription plans may offer an ad-free experience as a plan feature, subject to the specific terms of that plan at the time of purchase.
8.2 No Service Level Guarantee
WOOWEE Inc. does not guarantee any specific level of uptime, availability, speed, or performance for the Platform. If you elect to use the Platform as your primary or sole method of accepting orders, reservations, or appointments, communicating with customers, or otherwise operating your business, you do so entirely at your own risk.
WOOWEE Inc. strongly recommends that every Merchant maintain an independent, non-Platform-dependent method of accepting orders and communicating with customers (such as a phone line, in-person ordering, or an alternate website) as a contingency for any period during which the Platform is slow, degraded, or unavailable.
WOOWEE Inc. shall have no liability whatsoever for lost sales, lost or missed orders, missed reservations or appointments, reputational harm, or any other direct or indirect loss arising from Platform downtime, slowness, degraded performance, or unavailability, regardless of cause or duration, including where such downtime results from scheduled maintenance, third-party provider failure, or events described in Section 23 (Force Majeure).
9. MARKETPLACE TRANSACTIONS
Certain AI Profiles may offer products or services for direct purchase through chat ("Marketplace Transactions"). You acknowledge and agree that:
- Marketplace Transactions are processed through a third-party payment processor; WOOWEE Inc. does not directly handle, store, or have custody of payment card information;
- The Merchant, not WOOWEE Inc., is the seller of record for any product or service sold through their AI Profile, and is solely responsible for the quality, accuracy, legality, delivery, and fulfillment of that product or service;
- WOOWEE Inc. facilitates the technical processing of Marketplace Transactions and charges a platform fee on each transaction, but is not a party to the underlying sale between Merchant and Visitor;
- WOOWEE Inc. is not liable for any dispute, defect, non-delivery, misrepresentation, or other issue arising from a Marketplace Transaction, and any such dispute must be resolved directly between the Visitor and the Merchant;
- Merchants are solely responsible for complying with all applicable consumer protection, tax, and sale-of-goods laws in connection with any Marketplace Transaction.
9.1 Third-Party Payment Processor Relationship
To accept Marketplace Transaction payments, a Merchant must separately connect a third-party payment processing account. By doing so, the Merchant enters into a direct contractual relationship with that third-party payment processor, governed solely by that processor's own terms of service, agreements, and policies. WOOWEE Inc. is not a party to, and assumes no responsibility or liability under, the agreement between a Merchant and its payment processor, including with respect to payouts, account holds, reserve requirements, or account termination by the processor.
9.2 Custom Domain Connections
Where a Merchant elects to connect a custom domain to their AI Profile, the Merchant acknowledges and agrees that:
- Domain functionality depends on third-party domain registrars, DNS providers, and hosting infrastructure entirely outside WOOWEE Inc.'s control;
- WOOWEE Inc. is not responsible for DNS misconfiguration, propagation delays, domain expiration or non-renewal, registrar error, or any downtime or business interruption resulting from any of the foregoing;
- The Merchant remains solely responsible for the registration, renewal, and proper configuration of their own domain, and for any cost or consequence associated with its lapse or misconfiguration.
9.3 Gift Cards and Stored Value
Where a Merchant offers gift cards through their AI Profile, the Merchant, and not WOOWEE Inc., is the issuer of record for such gift cards. The Merchant is solely responsible for:
- Honoring the value of any gift card issued through their AI Profile;
- Complying with all applicable gift card, stored-value, and consumer protection laws, including any provincial, state, or federal restrictions on expiry dates or dormancy fees;
- Any liability arising from the Merchant's inability or refusal to honor an issued gift card, including in the event the Merchant ceases operations, terminates their WOOWEE account, or stops using the Platform.
WOOWEE Inc. facilitates the technical processing of gift card sales and redemptions but is not the issuer, guarantor, or backstop of any gift card's stored value, and bears no liability for a Merchant's failure to honor one.
10. MARKETING COMMUNICATIONS
If you have opted in to receive marketing communications, you agree that WOOWEE Inc. may contact you with news, offers, updates, and promotional materials by email. You acknowledge that:
- Your opt-in consent is voluntary and not required to use the Platform;
- Your conversation content will never be shared with third parties for marketing purposes;
- You may withdraw your consent and opt out of marketing communications at any time by clicking the unsubscribe link in any marketing email;
- Opting out of marketing communications does not affect your ability to use the Platform.
11. PROHIBITED CONDUCT
You agree not to use the Platform to:
- Violate any applicable federal, provincial, state, or local laws or regulations in Canada, the United States, or any other jurisdiction;
- Impersonate any person, entity, or organization, or select a username that impersonates or misleads Visitors as to your identity;
- Attempt to reverse engineer, decompile, disassemble, scrape, or extract data from the Platform or its underlying technology;
- Transmit, upload, or configure your AI Profile to generate any harmful, fraudulent, defamatory, obscene, hateful, or malicious content;
- Sell, offer, or promote any illegal product or service through a Marketplace Transaction;
- Use the Platform for any unlawful, deceptive, or fraudulent purpose;
- Interfere with or disrupt the integrity, security, or performance of the Platform;
- Access the Platform through automated means, bots, or scripts without our express written permission;
- Use the Platform, or any content generated through it, to train, develop, or improve any competing artificial intelligence model or service;
- Harass, threaten, or harm any other user;
- Upload or transmit any content that infringes on the intellectual property rights of any third party;
- Use the Platform in a manner that imposes an unreasonable or disproportionately large load on our infrastructure, as determined in our sole discretion.
We reserve the right to investigate any report of a violation, and to take any action we deem appropriate — including removal of content, suspension, or termination of an account, without notice — where we determine, in our sole discretion, that a violation of these Terms has occurred. We further reserve the right to report violations to law enforcement authorities where appropriate.
12. INTELLECTUAL PROPERTY AND TRADEMARK USE
All content, features, functionality, branding, and technology of the Platform itself — including but not limited to the WOOWEE name, logo, "Verified" badge, and any related trademarks, text, graphics, icons, software, and the compilation thereof — are the exclusive property of WOOWEE Inc. and are protected by applicable Canadian, United States, and international intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or transmit any such material without our express prior written permission.
You may not use the WOOWEE name, logo, or any verification badge or trust indicator provided by the Platform in any manner that is false, misleading, or suggests an affiliation, endorsement, or relationship with WOOWEE Inc. beyond what has actually been granted to you through your use of the Platform, including displaying a verification badge you have not been granted or continuing to display one after your account or verification status has been revoked.
As between WOOWEE Inc. and a Merchant, WOOWEE Inc. claims no ownership interest in, and grants no license over, the content a Merchant uploads to their AI Profile (including photos, descriptions, and business information) or the conversational output generated by that Merchant's AI Profile. WOOWEE Inc. does not warrant or guarantee any Merchant's ownership or right to use such content, and each Merchant is solely responsible for ensuring they have the necessary rights to any content they upload.
13. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
WOOWEE Inc. respects the intellectual property rights of others. If you believe that any content on the Platform infringes your copyright, please send a notice to [email protected] containing: (a) a description of the copyrighted work you claim has been infringed; (b) a description of where the allegedly infringing material is located on the Platform; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized; and (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
14. ACCESSIBILITY
WOOWEE Inc. is committed to making the Platform accessible to all users. If you experience difficulty accessing any part of the Platform due to a disability, please contact us at [email protected] so that we may work with you to provide the information or service you seek through an alternate method where reasonably possible.
15. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOOWEE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
- WARRANTIES OF NON-INFRINGEMENT;
- WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- WARRANTIES AS TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED, INCLUDING ANY AI-GENERATED CONTENT OR AI-GENERATED ORDER;
- WARRANTIES THAT THE PLATFORM IS FIT FOR USE AS A MERCHANT'S PRIMARY OR SOLE BUSINESS INFRASTRUCTURE;
- WARRANTIES THAT DEFECTS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WOOWEE INC. OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
16. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOOWEE INC. AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
- LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
- DAMAGES ARISING FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE PLATFORM, INCLUDING ANY AI-GENERATED OUTPUT OR AI-GENERATED ORDER;
- DAMAGES ARISING FROM PLATFORM DOWNTIME, SLOWNESS, OR UNAVAILABILITY, INCLUDING DURING PEAK BUSINESS HOURS;
- DAMAGES ARISING FROM ANY MARKETPLACE TRANSACTION, INCLUDING ANY DISPUTE BETWEEN A MERCHANT AND A VISITOR OR ANY UNHONORED GIFT CARD;
- DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR DATA;
- DAMAGES ARISING FROM ANY THIRD-PARTY DOMAIN, DNS, PAYMENT PROCESSOR, OR OTHER INFRASTRUCTURE FAILURE;
- DAMAGES ARISING FROM THE CONDUCT OF ANY OTHER USER.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF WOOWEE INC. TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED ONE HUNDRED DOLLARS ($100 CAD).
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WOOWEE INC. AND YOU AND SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. PERSONAL LIABILITY PROTECTION — DIRECTOR AND OFFICER INDEMNIFICATION
You expressly acknowledge and agree that WOOWEE Inc. is operated by individual directors, officers, employees, and agents acting in their organizational capacity. You agree that:
- No director, officer, shareholder, employee, agent, or affiliate of WOOWEE Inc. shall be held personally liable to you for any claim, loss, damage, or expense arising out of or relating to your use of the Platform;
- No individual associated with WOOWEE Inc. owes you any personal duty of care beyond what is owed by the corporation itself;
- You waive any right to bring any claim, action, or proceeding against any individual director, officer, employee, or agent of WOOWEE Inc. in their personal capacity;
- In the event that any claim is brought against any director, officer, employee, or agent of WOOWEE Inc. in their personal capacity in connection with your use of the Platform, you agree to indemnify, defend, and hold such individual harmless from and against all claims, damages, losses, costs, and expenses, including reasonable legal fees, arising out of such claim.
18. TERMINATION
18.1 Termination by You
You may terminate your account at any time by using the account deletion feature available in your account settings. Termination of your account does not entitle you to a refund of any fees already paid, except as expressly set out in Section 8.
18.2 Termination by WOOWEE Inc.
WOOWEE Inc. may suspend, restrict, or terminate your account, AI Profile, or username at any time, with or without cause, and with or without prior notice, as set out in Sections 7.1 and 11. Upon termination, your right to access and use the Platform will immediately cease. Sections 4 through 27 of these Terms shall survive any termination of your account.
19. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless WOOWEE Inc. and each of its directors, officers, shareholders, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable legal fees, arising out of or relating to:
- Your use of or access to the Platform;
- Your violation of these Terms;
- Your violation of any applicable law or regulation;
- Your violation of any rights of a third party, including any intellectual property rights;
- Any content, instruction, or information you provide to your AI Profile, and any output your AI Profile generates as a result, including any inaccurate order, reservation, or appointment described in Section 5.3;
- Any Marketplace Transaction conducted through your AI Profile, including any gift card issued through your AI Profile;
- Your connection of a custom domain to your AI Profile;
- Any content you submit, post, or transmit through the Platform.
20. CLASS ACTION WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
You expressly waive your right to participate in any class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding against WOOWEE Inc. or any of its directors, officers, employees, or agents.
If any court or arbitrator determines that this class action waiver is unenforceable for any reason, then the dispute shall not proceed in arbitration and shall instead be resolved in a court of competent jurisdiction in Ontario, Canada, on an individual basis only.
This class action waiver applies to all users regardless of jurisdiction, including users located in the United States, Canada, the European Union, or any other country.
21. JURY TRIAL WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WOOWEE INC. EACH WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM.
22. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
The Platform is intended for use by individuals located in Canada and the United States. If you access or use the Platform from any other jurisdiction, including the European Union or United Kingdom, you do so at your own risk and on your own initiative, and you are responsible for compliance with local laws to the extent applicable. WOOWEE Inc. makes no representation that the Platform is appropriate, legally compliant, or available in any jurisdiction outside Canada and the United States.
Any disputes arising out of or relating to these Terms or the Platform shall be resolved as follows:
- Step 1 — Negotiation: The parties shall first attempt to resolve any dispute through good faith negotiation for a period of thirty (30) days following written notice of the dispute to [email protected].
- Step 2 — Arbitration: If negotiation fails, disputes shall be resolved through binding arbitration administered in Ontario, Canada, on an individual basis only, subject to the Class Action Waiver in Section 20.
- Step 3 — Injunctive Relief: Either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction in Ontario, Canada, without waiving the right to arbitration.
By using the Platform, all users, including those located in the United States or any other jurisdiction, agree to submit to the jurisdiction of Ontario, Canada for the resolution of any disputes and agree that Ontario law governs these Terms.
23. FORCE MAJEURE
WOOWEE Inc. shall not be liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by events beyond its reasonable control, including but not limited to: acts of God, natural disasters, or extreme weather events; pandemics, epidemics, or public health emergencies; government actions, regulations, or restrictions; cyberattacks, hacking, or unauthorized third-party interference; failures or outages of third-party AI model providers, cloud hosting providers, domain registrars, DNS providers, or internet infrastructure; power outages or telecommunications failures; and labor disputes or strikes.
24. RIGHT TO MODIFY OR DISCONTINUE SERVICE
WOOWEE Inc. reserves the right, at its sole discretion and at any time without notice or liability, to: modify, suspend, or discontinue the Platform or any feature thereof; change pricing, introduce new fees, or modify existing fee structures with reasonable notice; terminate or suspend any user account, username, or AI Profile for any reason; and modify these Terms at any time by updating the "Last Updated" date.
24.1 Fair Use and Rate Limiting
WOOWEE Inc. reserves the right to throttle, rate-limit, or temporarily restrict a Merchant's or Visitor's use of the Platform, without notice or liability, where WOOWEE Inc. determines, in its sole discretion, that such use is placing an unreasonable or disproportionate load on the Platform's infrastructure or third-party AI providers.
Your continued use of the Platform following any modification to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Platform.
25. QUEBEC LANGUAGE COMPLIANCE
WOOWEE Inc. acknowledges the language requirements applicable in the Province of Quebec under the Charter of the French Language. Users in Quebec may request a French version of these Terms and our Privacy Policy by contacting us at [email protected]. We will make reasonable efforts to provide French language versions of our legal documents upon request.
Les utilisateurs au Québec peuvent demander une version française de ces conditions et de notre politique de confidentialité en nous contactant à [email protected].
26. SEVERABILITY
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be unenforceable, invalid, or illegal, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall continue in full force and effect and shall not be affected by such finding.
27. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any other legal notices or agreements published by WOOWEE Inc. on the Platform, constitute the entire agreement between you and WOOWEE Inc. with respect to the Platform and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.
28. WAIVER
No waiver by WOOWEE Inc. of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by WOOWEE Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
29. CONTACT US
If you have any questions, concerns, or complaints regarding these Terms, please contact us at:
WOOWEE Inc. 5576 Yonge St, North York, ON M2N 5S0 Email: [email protected] Website: woowee.ai
We will make reasonable efforts to respond to all inquiries within 5 business days.