Terms of Service
Last Updated: January 22, 2025
Effective Date: January 22, 2025
Governing Law: State of Florida, United States
Jurisdiction: Brevard County, Florida
Welcome to WAIMI ("Company," "we," "us," or "our"), a Florida-based artificial intelligence business planning service located at PO Box 360324, Melbourne, FL 32936.
These Terms of Service ("Terms," "Agreement") govern your access to and use of the WAIMI website (waimi.xyz) and all related services, features, content, applications, and AI-powered tools (collectively, the "Service").
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
1. Acceptance of Terms
By creating an account, accessing, or using our Service, you represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into binding contracts
- If using the Service on behalf of an organization, you have authority to bind that entity
- You will comply with all applicable laws and regulations
- All information you provide is accurate, current, and complete
2. Description of Service
WAIMI provides AI-powered business planning and strategy tools, including but not limited to:
- Business Plan Generation: AI-generated comprehensive business plans
- Financial Projections: 3-5 year financial forecasts and models
- Market Analysis: Industry research and competitive intelligence
- SWOT Analysis: Strengths, weaknesses, opportunities, and threats assessment
- Growth Strategy: Expansion roadmaps and scaling plans
- Pitch Deck Generation: Investor-ready presentation materials
- AI Chat Support: Multi-personality AI advisory services
Technology: Our Service utilizes proprietary AI models, neural networks, machine learning algorithms, custom training datasets, and workflow integration frameworks developed and owned by WAIMI.
3. Account Registration and Security
3.1 Account Creation
To access certain features, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security and confidentiality of your password
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
3.2 Account Termination
We reserve the right to suspend or terminate your account if you:
- Violate these Terms of Service
- Engage in fraudulent or illegal activities
- Abuse or misuse the Service
- Fail to pay applicable fees
- Provide false or misleading information
4. Subscription Plans and Payment Terms
4.1 Pricing and Fees
WAIMI offers various pricing options:
- One-Time Plans: $499 - $1,999 for single business plan generation
- Subscription Plans: $99 - $499/month for ongoing services (when available)
- Enterprise Solutions: Custom pricing for white-label and API access
All fees are in United States Dollars (USD) and exclusive of applicable taxes, which will be added to your total.
4.2 Payment Processing
- Payments are processed through secure third-party payment processors
- You authorize us to charge your payment method for all fees
- For subscriptions, billing occurs automatically on a recurring basis
- Failed payments may result in service suspension
4.3 Refund Policy
14-Day Money-Back Guarantee:
We offer a 14-day satisfaction guarantee from the date of purchase. If you are not satisfied with our Service, you may request a full refund within 14 days.
Conditions:
- Refund requests must be submitted in writing to Holly@WAIMI.xyz or Craig@WAIMI.xyz
- You must provide specific reasons for dissatisfaction
- We may request feedback to improve our services
- Refunds are processed within 7-10 business days
After 14 days, all payments are non-refundable except as required by law or at our sole discretion.
4.4 Price Changes
We reserve the right to modify our pricing at any time. For subscription plans, we will provide at least 30 days' notice before any price increase takes effect. Continued use of the Service after a price change constitutes acceptance of the new pricing.
5. Intellectual Property Rights
5.1 WAIMI's Intellectual Property
Protected Assets: The following are proprietary to WAIMI and protected under Florida and federal intellectual property laws:
- AI model architectures and neural network designs
- Training datasets and machine learning algorithms
- Software platform, APIs, and integration frameworks
- WAIMI name, logo, and branding (trademark registration pending with USPTO)
- Website content, design, and user interface
- Analytical methodologies and business frameworks
These assets are protected as trade secrets under the Florida Uniform Trade Secrets Act (FUTSA), Chapter 688, Florida Statutes.
You may not:
- Copy, modify, or reverse-engineer our AI models or software
- Use our trademarks without written permission
- Create derivative works based on our proprietary technology
- Attempt to extract or replicate our training data
- Resell or redistribute our Service without authorization
5.2 Your Intellectual Property
You Own Your Generated Content:
All business plans, financial projections, market analyses, and other documents generated through WAIMI for your specific business ("Generated Content") are YOUR intellectual property. You retain full ownership and all rights to this content.
License Grant: By using our Service, you grant WAIMI a limited, non-exclusive, royalty-free license to:
- Process your inputs to generate your business plans
- Store your Generated Content for service delivery
- Use anonymized, aggregated data for AI improvement (with no personally identifiable information)
You may:
- Use, modify, and distribute your Generated Content for your business purposes
- Share your business plans with investors, partners, and advisors
- Incorporate Generated Content into your business operations
You may NOT:
- Resell or redistribute Generated Content as a competing service
- Claim that WAIMI endorses your business or plans
- Use Generated Content to train competing AI models
6. AI-Generated Content Disclaimer
IMPORTANT DISCLAIMER:
The business plans, financial projections, and strategic recommendations generated by WAIMI's AI system are provided for informational purposes only and do not constitute:
- Legal advice or legal opinions
- Financial advice or investment recommendations
- Accounting or tax advice
- Professional consulting services
- Guarantees of business success or financial performance
You acknowledge and agree that:
- AI-generated content is based on algorithms, data patterns, and statistical models
- Projections and forecasts are estimates, not guarantees
- You should consult qualified professionals (attorneys, CPAs, business advisors) before making significant business decisions
- WAIMI is not responsible for business outcomes based on Generated Content
- You are solely responsible for verifying the accuracy and applicability of Generated Content to your specific situation
7. User Conduct and Prohibited Activities
You agree NOT to:
- Violate any applicable federal, state (Florida), or local laws
- Infringe on intellectual property rights of WAIMI or third parties
- Transmit malware, viruses, or harmful code
- Attempt to gain unauthorized access to our systems
- Reverse-engineer, decompile, or disassemble our AI models
- Use the Service for illegal activities or fraudulent purposes
- Impersonate WAIMI, our employees, or other users
- Scrape, harvest, or collect user data without permission
- Interfere with or disrupt the Service or servers
- Use the Service to create competing AI business planning tools
- Share your account credentials with unauthorized parties
8. Limitation of Liability
DISCLAIMER OF WARRANTIES:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
WAIMI DOES NOT WARRANT THAT:
- The Service will be uninterrupted, secure, or error-free
- AI-generated content will be accurate, complete, or suitable for your purposes
- Defects will be corrected
- The Service is free of viruses or harmful components
- Business plans will result in funding, success, or profitability
8.1 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW:
IN NO EVENT SHALL WAIMI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
- Loss of profits, revenue, or business opportunities
- Loss of data or business information
- Business interruption or operational delays
- Loss of goodwill or reputation
- Investment losses or failed funding attempts
- Costs of substitute services
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
8.2 Liability Cap
WAIMI's total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to WAIMI in the 12 months preceding the claim, or $100, whichever is greater.
9. Indemnification
You agree to defend, indemnify, and hold harmless WAIMI and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use or misuse of the Service
- Your violation of any third-party rights, including intellectual property rights
- Business decisions made based on AI-generated content
- Any content or information you submit through the Service
10. Trade Secrets and Confidentiality
10.1 FUTSA Protection
Florida Uniform Trade Secrets Act (FUTSA) Compliance:
WAIMI's AI models, algorithms, training data, and proprietary methodologies constitute trade secrets under Chapter 688, Florida Statutes. By using our Service, you acknowledge that:
- WAIMI has taken reasonable measures to maintain the secrecy of its proprietary technology
- This information derives independent economic value from not being generally known
- You will not attempt to discover, misappropriate, or disclose WAIMI's trade secrets
- Violation of these provisions may result in legal action under FUTSA
10.2 Your Confidential Information
We treat your business plans and proprietary information as confidential. We will:
- Implement reasonable security measures to protect your data
- Not disclose your confidential information to third parties without consent
- Use your information only for providing the Service
- Comply with FUTSA requirements for protecting your trade secrets
11. Intellectual Property Ownership
11.1 WAIMI's IP
WAIMI retains all rights, title, and interest in:
- The WAIMI name, logo, and trademarks (registration pending with USPTO)
- AI model architectures and neural network designs
- Training datasets and machine learning algorithms
- Software code, APIs, and technical infrastructure
- Business methodologies and analytical frameworks
- Website design, content, and user interface
11.2 Your IP
You retain all rights to:
- Your business concepts and ideas
- Information you input into the Service
- Generated Content created for your business
- Modifications you make to Generated Content
12. Governing Law and Jurisdiction
Florida Law Applies:
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
Jurisdiction: Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Brevard County, Florida, and you consent to the personal jurisdiction of such courts.
13. Arbitration Agreement
Binding Arbitration: Except for claims that may be brought in small claims court, any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules.
Arbitration Terms:
- Arbitration shall take place in Brevard County, Florida
- The arbitrator's decision shall be final and binding
- Each party bears its own costs unless otherwise awarded
- Class action waiver: You agree to arbitrate disputes on an individual basis only
Opt-Out: You may opt out of this arbitration agreement by sending written notice to Holly@WAIMI.xyz or Craig@WAIMI.xyz within 30 days of first using the Service.
14. Termination
14.1 Termination by You
You may terminate your account at any time by:
- Contacting us at Holly@WAIMI.xyz or Craig@WAIMI.xyz
- Following the account deletion process in your account settings
14.2 Termination by WAIMI
We may terminate or suspend your access immediately, without prior notice, for:
- Breach of these Terms
- Fraudulent or illegal activity
- Non-payment of fees
- At our sole discretion for any reason
14.3 Effect of Termination
Upon termination:
- Your right to use the Service ceases immediately
- You may download your Generated Content within 30 days
- We may delete your account data after 30 days
- Provisions that should survive termination (IP rights, liability limitations, etc.) remain in effect
15. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms on this page with a new "Last Updated" date
- Sending email notification to your registered address
- Displaying a prominent notice on our website
Material changes take effect 30 days after notification. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid under Florida law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by WAIMI, constitute the entire agreement between you and WAIMI regarding the Service and supersede all prior agreements and understandings.
18. Contact Information
For questions, concerns, or notices regarding these Terms, please contact:
WAIMI Legal Department
PO Box 360324
Melbourne, FL 32936
United States
Email: Holly@WAIMI.xyz or Craig@WAIMI.xyz
Phone: +1 (321) 345-1023
Response Time: We will respond to legal inquiries within 10 business days.
19. Acknowledgment
BY USING WAIMI'S SERVICE, YOU ACKNOWLEDGE THAT:
- You have read and understood these Terms of Service
- You agree to be bound by these Terms
- You understand the limitations and disclaimers regarding AI-generated content
- You accept the governing law and jurisdiction provisions
- You have the authority to enter into this agreement