These Terms of Services (“Terms”) govern your access to and use of the Services accessible from https://whirlagi.com/ (“Website”) provided by Whirlagi OÜ (“Whirlagi”, “Company”, “we”, “us”). These Terms form a legally binding agreement between the Company and you or the entity you represent (“you”, “your“). Before using the Services, please read these Terms carefully.

1. GENERAL

  • By using our Service and browsing the Website, you acknowledge that:
  • any use of our Services is subject to these Terms;
  • you have carefully read, understand and agree with these Terms;
  • you are of legal age;
  • you have the authority to enter into the Terms personally or on behalf of the legal entity for whom you are using the Service. 
  • The Company reserves the right to modify these Terms at any time and at our sole discretion. In case of any change, we will amend the date of the last update at the beginning of these Terms. By continuing using our Services, you are agreeing to new changes and will be legally bound by the new changes. Please check this page regularly for updates.
  • IF YOU DO NOT AGREE TO THE TERMS, YOU SHALL NOT USE THE SERVICE OR THE WEBSITE.
  • The materials contained in this Website are protected by copyright and trademark law.

2. SERVICE

Subject to these Terms, the Company hereby grants you a non-exclusive right to access and use the service available on the Website (“Services”).  We may provide you with certain application programming interfaces (APIs), API access tokens, HTML scripts, or other software as applicable (collectively, “APIs”). You are entirely responsible for provisioning and managing your user’s accounts and your user’s compliance with these Terms.

We may modify or change the Service at any time. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability.

The Company may monitor your use of the Services to assess compliance with these Terms and the quality of operations of the Services and to make improvements to the Services.

3. FEE

The fees are made available to you on the Website. We may change the fee at our sole discretion and at any time.

The Company will provide you with a reasonable prior notice of any change in the fees to give you an opportunity to terminate your use of the Service before such change becomes effective.

Your continued use of Service after the fee change comes into effect constitutes your agreement to pay the modified fee amount.

4. FAIR USE POLICY

Whirlagi may implement a fair use policy to manage excessive or inappropriate API usage, which may include rate limiting or other usage restrictions. Additionally, Whirlagi reserves the right to limit access to new users as part of this policy to ensure fair access and quality of service for all users.

5. BILLING AND PRICING

Whirlagi utilizes Stripe, a trusted payment processing service, as our Merchant of Record (SGT) to handle payments made through our Website. We offer a variety of billing options, including subscription-based pricing and usage-based pricing, depending on the Services or products you choose. Please review the specific billing and pricing details on our Website or during the checkout process.

6. REFUNDS

Whirlagi does not offer refunds for any products or services purchased through our platform. All sales are final, and once a purchase is made, it is considered non-refundable.

7. API ACCESS AND USAGE

Access and usage of our API are subject to compliance with these Terms, including any usage limits, and restrictions specified by us. Our API must not be used for unlawful, abusive, harmful, or unauthorized purposes. Violations may result in account suspension or termination. API usage may incur fees based on the chosen plan. Users are required to take all necessary measures to safeguard and protect their API keys from unauthorized access, use, or disclosure. Whirlagi shall not be liable for any consequences resulting from the unauthorized use of API keys.

8. API CONTENT

API users retain ownership of content they generated using our AI models via the API. We do not assume responsibility for the content generated by AI models through our Service. Users are solely responsible for the use, accuracy, legality, and appropriateness of the content they create or obtain using our AI-powered tools and services.

9. LIMITATIONS

Whirlagi OÜ or its suppliers will not be held accountable for any damages that will arise with the use or inability to use the APIs on the Website, even if Whirlagi or an authorized representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdictions do not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.

Whirlagi has not reviewed all of the sites linked to its Website and you agree that the Company is not responsible for the contents of any such linked website. The presence of any link does not imply endorsement by Whirlagi of the Website. The use of any linked website is at your own risk.

11. DISCLAIMER OF WARRANTY

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

12. LIMITATION OF LIABILITY

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS TERMS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THESE TERMS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. 

13. INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors, from and against any and all claims, damages, obligations, losses, liabilities, tort, costs or debt, and expenses (including, but not limited to, attorney’s fees or other legal costs) arising from: (a) your use of and access to the Services; (b) any feedback or submissions you provide to us concerning our Service; (c) violation of any third party content (d) your violation of the Terms; or (e) your violation of any law, rule, or regulation, or the rights of any third party.

14. TERMINATION

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms, fraudulent activities, or other activities that may disrupt or harm our Service or other users. We also reserve the right to terminate API access for reasons such as non-payment, violations of Terms, or Service changes.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation warranty disclaimers, indemnity and limitations of liability.

15. PRIVACY POLICY

Privacy Policy is a part of these Terms and governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our Website. Please find more information on the Privacy Policy here.

16. GOVERNING LAW

Any claim related to our Service shall be governed by the laws of Estonia. You hereto agree that the court for any disputes shall be the Harju District Court (Harju Maakohus) in Estonia.

17. PROMOTIONAL COMMUNICATIONS

By using our Service and browsing the Website, you agree to receive promotional emails and marketing communications from Whirlagi OÜ and its partners. These communications may include newsletters, special offers, and other information related to our products and services or those of our partners. You may opt out of receiving these communications at any time by following the unsubscribe link or instructions provided in any email we send.

18. CONTACT US

Please send your feedback, comments, requests for technical support by email: [email protected]

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