Welcome to CodeWP, a service provided by WPAI Inc. ("CodeWP", "we", "us", or "our"). Our principal place of business is at WPAI, Inc DBA CodeWP - 651 N. BROAD ST. SUITE 201. MIDDLETOWN, DE 19709, and you can contact us via team+legal@wp.codewp.ai or (646) 363-6269.
1.1 Acknowledgment and Acceptance of Terms The Service, CodeWP, provided by WPAI Inc., is made available to you subject to your acceptance of these Terms and Conditions ("Terms"), which include our Privacy Policy, and any other notices or amendments posted on our website or communicated to you.
By accessing or using our Service, you also agree to be bound by these Terms and our Privacy Policy, which can be found at https://wp.stage.codewp.ai/privacy-policy.
1.2 Entire Agreement These Terms constitute the entire agreement between you and WPAI Inc. concerning the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and WPAI Inc. with respect to the Service.
1.3 Eligibility The Service is available only to individuals who are at least 18 years old and possess the legal authority to enter into these Terms. By using the Service, you represent and warrant that you are eligible.
1.4 Electronic Communication When you use the Service or send emails to WPAI Inc., you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site or through our Service.
1.5 Your Account If you create an account on the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify WPAI Inc. of any unauthorized uses of your account or any other breaches of security.
1.6 Referral and Affiliate Programs WPAI Inc. may offer referral, affiliate, or partner programs that allow you to refer new users to the Service in exchange for credits or other rewards. Your participation in such programs is subject to program terms and conditions. You agree to only refer new users that you know and trust to use the Service. You are responsible for ensuring affiliates abide by these Terms. We reserve the right to terminate any referral program or disqualify participants for any reason.
1.7 Scope of Support WPAI Inc. will provide basic technical support for issues directly related to the Service functionality and use. Support availability and response times will depend on your Service plan. We will make reasonable efforts to respond to support requests in a timely manner.
Support is provided via email and our online help center. We do not provide phone support. Support will only be provided in English.
The following are out of scope for standard technical support:
For out of scope requests, we may be able to provide customized professional services for an additional fee, or offer a referral.
You acknowledge that we have no obligation to provide support for any third party services, plugins or products related to modes, or applications that you use in conjunction with the Service.
2.1 Right to Modify Terms WPAI Inc. reserves the right, at our sole discretion, to modify or replace these Terms at any time. The most current version of these Terms will be posted on our website.
2.2 Your Responsibility to Stay Informed It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
2.3 Material Changes If we make material changes, we will notify you by the email address provided by you or through a notice on the Service prior to the change becoming effective. The form of such notice will be at our discretion and the mere posting on our site constitutes sufficient notice.
3.1 Refund Policy You may request a pro-rated refund within 7 days of the initiation of your paid plan provided that you have not exceeded 100 generations. If you exceed the 100 generations limit, you acknowledge and agree that no refund will be available.
3.2 Cancellation by You You may cancel your subscription at any time via the billing portal. Upon cancellation, you will continue to have access to the paid features of the Service until the end of your current billing cycle. Thereafter, your account will be downgraded to the free plan.
3.3 Cancellation by Us WPAI Inc. reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service for reasons including but not limited to a) breach or violation of these Terms, b) fraudulent, harassing, or abusive behavior, c) behavior that is harmful to other users, third parties, or the business interests of WPAI Inc., or d) nonpayment of any fees owed by you in connection with the Services.
3.4 Effect of Cancellation Upon cancellation, you will lose access to all premium features and any data or content stored in your paid account, and we are under no obligation to maintain or provide you with access to such data or content.
4.1 Adjustments to Modes and Presets WPAI Inc. retains the absolute right to make adjustments to the availability, features, and functionalities of various modes and presets within the Service at any time. This may include the addition, modification, or removal of such modes and presets, or the adjustment of accessibility to them for maintenance, security, or other operational reasons.
4.2 Status of Modes Modes provided by the Service, including but not limited to alpha, beta, and general availability (GA) stages, can be reclassified or updated without notice. Your access and use of such modes signify your agreement to these changes and the understanding that such modes may not be error-free and can affect the Service usability.
4.3 Discontinuation of Service We may, at any discretion, discontinue any mode, preset, feature, or functionality for any reason including but not limited to lack of usage, repeated operational difficulties, or as a strategic decision to focus on other areas of the Service.
4.4 No Liability WPAI Inc. shall not be liable to you or any third party should we exercise our right to modify or discontinue a mode or preset. Your continued use of the Service after changes are made will be considered your acceptance of those changes.
4.5 Reliance on AI Providers The Service relies on third-party AI providers to enable key features and functionality. Issues with availability or performance of these providers may impact the availability and functionality of the Service. WPAI Inc. shall not be liable for any disruption to the Service arising from third-party AI providers.
5.1 Service and Plan Modifications We reserve the right to modify or terminate the Service (or any part thereof) and any Service plans, including but not limited to associated features, specifications, capabilities, and pricing without prior notice.
5.2 Notice of Changes In the event of any significant changes to the terms of your Service plan, including but not limited to pricing, features, or capability restrictions, we will make reasonable efforts to inform you before such changes take effect.
5.3 Acceptance of Changes Your continued use of the Service after changes to your Service plan signifies your acceptance of our changes to the terms of the Service plan. If you do not agree with the changes to the Service plan, you may cancel your subscription in accordance with our cancellation policy.
5.4 Changes to Subscription Terms Any changes to the subscription price will be effective upon the start of the next billing cycle following the change. If there is a change in Service plan features or limitations, these may be applied to your use of the Service immediately upon notice.
6.1 User Contributions Any and all input, data, information, or material submitted to the Service by you ("User Contributions") shall remain your exclusive property. However, by providing User Contributions to WPAI Inc., you grant us a worldwide, perpetual, irrevocable, royalty-free license to use such User Contributions for the purpose of operating and improving the Service, and in connection with the delivery of the Service.
6.2 Generated Content Ownership You retain all rights to the output generated from the Service ("Generated Content") provided that you are in compliance with these Terms. However, you grant WPAI Inc. a perpetual, irrevocable, royalty-free license to use the Generated Content for the purposes of improving the Service, platform training, and analytical purposes.
6.3 Proprietary Rights You acknowledge that WPAI Inc. holds all rights, title, and interest in and to the Service, including all intellectual property rights. These rights are protected by intellectual property laws. Your use of the Service does not grant you any ownership in the Service or the content you access.
7.1 Datasets and Generation Datasets utilized by the Service may come from various sources that are either licensed by WPAI Inc., created in-house, or generated through user inputs. It is your sole responsibility to ensure that any Generated Content is appropriately licensed according to the prevailing copyright and regulatory laws when used outside of the Service.
7.2 End User Responsibility You acknowledge and agree that you are solely responsible for obtaining all necessary rights, licenses, consents, permissions, and authorizations required for the lawful use of Generated Content in your jurisdiction.
7.3 Indemnification You agree to indemnify, defend and hold harmless WPAI Inc., its officers, directors, employees, agents, licensors, suppliers and any third-party content providers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms or your wrongful or unlawful use of the Service Generated Content.
8.1 Fair Use Commitment WPAI Inc. is dedicated to providing all customers with a fair and responsible user experience. By using the Service, you agree to abide by our Fair Use Policy ("FUP"), which is designed to prevent fraud and abuse of our products.
8.2 Monitoring and Enforcement We actively monitor the usage of our Service to ensure compliance with this FUP. If we determine that your use of the Service is excessive or unreasonable, we reserve the right to take action to enforce the FUP. Such action may include warnings, account suspension or termination, or billing for excessive usage.
8.3 Prohibited Uses Under this policy, the following uses of the Service are prohibited:
8.4 Policy Violation In the case of a policy violation, WPAI Inc. reserves the right to limit or suspend your Service and provide a pro-rated refund where applicable. Repeated violations may lead to permanent suspension of your Service.
9.1 Copyright and Ownership All content included or available on this Service, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2023 WPAI Inc., with all rights reserved, or is the property of third parties protected by intellectual property rights.
9.2 Trademarks WPAI Inc., CodeWP, and all other related graphics, logos, service marks, and trade names used on or in connection with the Service are the trademarks of WPAI Inc. and may not be used without permission in connection with any third-party products or services.
9.3 User Contributions WPAI Inc. does not claim ownership of User Contributions. However, when you post or publish your User Contributions, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your User Contributions (in whole or in part) worldwide and/or to incorporate them in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Contributions.
10.1 Acceptable Use You agree not to use the Service to:
10.2 Compliance with Laws You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by WPAI Inc.’s policies as stated in the Terms and any applicable contract or policy.
11.1 "As Is" Basis The Service is provided "as is" and "as available" and WPAI Inc. and its suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
11.2 No Warranty on Results We make no warranty that the Service will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, free of viruses, or other harmful code, complete, legal, or safe.
11.3 Third-Party Services
The Service may allow integration with or access to third-party services, such as Google, Facebook and Github OAuth, direct connection to self hosted WordPress instances, and multiple 3rd party enterprise providers. WPAI Inc. does not control and is not responsible for such third-party services. We do not endorse, warrant, or guarantee the offerings of any third-party and are not liable for any issues arising from third-parties or your use of third-party services. Interacting with third-parties is at your own risk.
12.1 Limitation of Liability In no event shall WPAI Inc. or its suppliers be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
12.2 Cap on Liability In no event will WPAI Inc.’s aggregate liability for all claims relating to the Service exceed the greater of $100 USD or the amount you paid WPAI Inc., if any, in the past six months for the Service in question.
12.4 No Liability for Support WPAI Inc. will not be liable for any damages or losses related to the provision, delay, or failure to provide technical support services, including loss of profits or data.
13.1 User's Indemnity Obligations You agree to indemnify, defend, and hold harmless WPAI Inc., its affiliates, officers, directors, employees, consultants, agents, suppliers, and resellers from any and all third party claims, liability, damages, and/or costs (including but not limited to attorneys' fees) arising from:
13.2 Cooperation You will cooperate as fully required by WPAI Inc. in the defense of any claim. WPAI Inc. reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of WPAI Inc.
14.1 Governing Law These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York, United States of America, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
14.2 Jurisdiction The state and federal courts located in New York, United States of America will have exclusive jurisdiction over any claim arising out of or in connection with these Terms or the Service, and you consent to the personal jurisdiction of such courts.
14.3 International Use WPAI Inc. makes no representation that the Service is appropriate or available for use in locations outside the United States of America, and accessing the Service is prohibited from territories where such Service is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
15.1 Mandatory Arbitration You and WPAI Inc. agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
15.2 Arbitration Procedures The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in New York, United States of America, or any other location we agree to.
15.3 Exceptions to Agreement to Arbitrate You or WPAI Inc. may assert claims, if they qualify, in small claims court in New York, United States of America or any United States county where you live or work. Furthermore, both you and WPAI Inc. agree that the courts in New York, United States of America have exclusive jurisdiction over any appeals of an arbitration award and over any lawsuit between the parties not subject to arbitration.
15.4 No Class Actions You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
If any provision of these Terms and Conditions, or the application thereof to any person, place, or circumstance, is held to be invalid, void, or unenforceable to any extent, such provision shall be excluded to the extent of such invalidity or unenforceability; all other provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
The parties hereby agree that the remaining provisions of these Terms and Conditions will be construed to preserve to the maximum extent possible the intent and agreements of the parties herein. Furthermore, the parties agree to replace such void or unenforceable provision of these Terms and Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of the void or unenforceable provision.
The User and WPAI Inc. further agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable one such that the objectives contemplated by them when entering this agreement may be realized.
Notwithstanding the above, if the remainder of these Terms and Conditions is not materially affected by such declaration and can be given effect, then such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions shall remain in full force and effect.
Any failure by WPAI Inc. to enforce the user's strict performance of any provision of these Terms and Conditions will not constitute a waiver of WPAI Inc.'s right to subsequently enforce such provision or any other provision of these Terms and Conditions.
This Glossary of Terms serves to provide clarity on specific terms and phrases used within the Terms and Conditions of WPAI Inc. for the CodeWP service. Understanding these terms is crucial for a comprehensive grasp of the agreement between You ("the User") and WPAI Inc. ("the Company").
An arrangement by which a user is given personalized access to the Service, typically requiring a username and password.
Any entity that directly or indirectly controls, is controlled by, or is under common control with WPAI Inc.
A private dispute resolution process in which the parties submit their dispute to a neutral third party (an arbitrator) for a binding decision.
Any data, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials that may be viewed on, accessed through, or contributed to the Service.
The status of a product or feature that is fully developed, stable, and available for use by all users without restrictions.
The output produced by the Service when a user inputs a prompt or command, including but not limited to text, code, or other media.
Any and all inventions, designs, trademarks, service marks, trade secrets, and original works of authorship, whether registered or unregistered.
A legal agreement granting permission to use intellectual property or material under certain conditions or limitations.
Specific configurations of the CodeWP platform tailored to support different plugins or product-specific requirements.
Predefined settings or configurations within a mode that standardize code generations for common tasks.
A refund that is calculated based on the actual time the service was used by the customer versus the time it was not used within the paid period.
The CodeWP platform and any other services provided by WPAI Inc. including software, products, tools, and content.
The computer programs and other underlying technology that operate the Service, including any updates, enhancements, and new versions.
The technical infrastructure, including software, hardware, and networks, that supports the operation of the Service.
Any individual or entity other than WPAI Inc., its affiliates, or users.
An individual or entity that has created an Account and uses the Service provided by WPAI Inc.
Any content, including but not limited to text, images, audio, and video, that a user submits, posts, or displays on or through the Service.
This Glossary is not exhaustive and may be updated from time to time. Please refer to the main body of the Terms and Conditions for the context in which these terms are used. The definitions provided here are intended for clarification purposes only and are not meant to be taken as legal definitions.
As we bring these Terms and Conditions to a close, we'd like to extend our sincerest gratitude to you for choosing CodeWP. Our journey is fueled by your creativity and dedication, and it's a privilege to support your endeavors in the WordPress landscape. We understand that terms and conditions can be a bit dry, but they are necessary to ensure a safe and reliable environment for everyone.
Should you ever have questions, concerns, or simply want to share your success stories using CodeWP, we're all ears. We believe in building not just a client base, but a community. And every line of code, every project, and every interaction is a part of the bigger picture that we are painting together.
Thank you for being a vital part of this community. As we evolve and grow, we promise to keep you informed and to always listen. Your trust is not just appreciated; it's cherished.
Wishing you every success and countless lines of flawlessly executed code,
The WPAI Inc. Team
If you have any questions about these Terms, please contact us at:
WPAI Inc.
WPAI, Inc DBA CodeWP - 651 N. BROAD ST. SUITE 201. MIDDLETOWN, DE 19709
Email: team@wp.codewp.ai Phone: (646) 363-6269
Last Updated: November 02, 2023
