Terms of Service
1. Who May Use the Services
You may use the Services only if you agree to form a binding contract with WECAST and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
2. Private Privacy
3. Content on the Services
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
Your Rights and Grant of Rights in the Content
You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, attachment, text) By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for WECAST to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by WECAST, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant WECAST the license described above.
As WECAST user, we require users to share adequate contents to your board for your Skill or Action (a.k.a. Voice App). For any contents violates our description below, we can delete the contents without further notice. If your contents are considered serious violation of description below, we can report it to the appropriate authorities and delete the WECAST Accounts of those involved with the distribution.
We don't allow Voice Apps that facilitate or promote sexual gratification or sexually explicit content. This includes:
l Pornographic, sexually explicit, or erotic content.
l Content that describes sexual acts or sex toys.
l Escort services or other services that may be interpreted as providing sexual acts in exchange for compensation.
l Content that describes or encourages bestiality.
WECAST has a zero-tolerance policy against child sexual abuse content, or Voice Apps promoting the sexual exploitation of minors. If we become aware of content or Voice Apps facilitating or promoting the distribution of child sexual abuse content, we will report it to the appropriate authorities and delete the WECAST Accounts of those involved with the distribution.
Violence and dangerous activities
We don't allow Voice Apps that facilitate or promote gratuitous violence or dangerous activities. This includes:
l Terrorist groups documenting their attacks.
l Instructions for engaging in or facilitating violent activities, including bomb-making or weapon-making.
l Self-harm, including instructions to carry out self-harm.
We don’t allow Voice Apps that facilitate the sale of explosives, weapons, firearms and related components.
If your Voice App contains content that may be inappropriate for a general audience, discusses mature themes, or contains disturbing or distressing content, it must include a disclaimer at the beginning of the user’s first conversation with the Voice App and in the Assistant directory description.
Bullying and harassment
We don't allow Voice Apps that facilitate threats, harassment, or bullying. This includes content primarily intended to harass or single out another person for abuse, malicious attack, or ridicule.
We don't allow Voice Apps that facilitate or promote content that advocates hate or violence against groups of people based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity.
Voice Apps that facilitate or promote near-hate negativity towards a protected group are prohibited. This includes Voice Apps that make inflammatory or excessively negative statements about:
l Appearance or hygiene.
l Socio-economic status.
l Ethics or morality.
l Disability or medical condition.
l Criminal history.
l Sexual activity.
l Sensitive events
We don't allow Voice Apps that lack reasonable sensitivity towards, or capitalize on, a natural disaster, atrocity, conflict, death, or other tragic event.
We don't allow Voice Apps that facilitate or promote online gambling services, including but not limited to, online casinos, sports betting, lotteries, or games of skill if they offer prizes of cash or other value.
We don't allow Voice Apps that facilitate or promote illegal activities You are solely responsible for determining the legality of your Voice App in its targeted locale. Voice Apps determined to be unlawful in locations where they are published will be removed.
Alcohol & Tobacco
Voice Apps that facilitate or promote the sale of alcohol or tobacco, or related products, are allowed in countries listed in WECAST’s Alcohol Adwords policy.
All Voice Apps must:
l Implement account linking and verify user meets legal age requirements
l Comply with all restrictions or procedures required by an applicable local law
These requirements apply to all alcohol beverage products, including wine, beer, spirits, and alcohol kits, and tobacco products, including cigarettes, cigars, rolling tobacco, and e-cigarettes.
Voice Apps that sell alcohol or tobacco cannot use the Food Order Direct Voice App API to complete transaction.
Alcohol and tobacco branded Voice Apps must include age verification at the beginning of the conversation.
We don’t allow Voice Apps that promote excessive use of alcohol or tobacco, or use by minors
We don’t allow Voice Apps that facilitate the sale or production of recreational drugs.
We don't allow Voice Apps that involve transmission of information that could be considered protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA). WECAST is not able to commit that the Voice Apps on WECAST platform can meet the requirements of HIPAA or other similar medical data regulations.
We also don’t allow Voice Apps that provide, collect, or store personal medical information, including data that could be considered data concerning health under the General Data Protection Regulation (GDPR).
Voice Apps that provide health information must include a disclaimer at the beginning of the user’s first conversation with the Voice App and in the Directory description.
Voice Apps providing fitness functionality, including activity monitoring (calories burned, steps taken, etc.), weight data, and BMI are permitted.
We don’t allow Voice Apps that provide services or store sensitive financial data in violation of applicable legal obligations. WECAST is not able to commit that the Voice Apps on WECAST platform can meet all requirements set by financial regulations.
Financial data or authentication data cannot be collected via the conversational interface. This includes, for example, bank account or credit card numbers, or PIN/passwords. PIN/passwords that are unique to the Voice Apps on WECAST platform are allowed.
Peer to peer transfers are not permitted, unless using App Voice Apps. Voice Apps that provide bank account information, such as credit balances, must implement account linking.
Voice Apps providing general financial information, including interest rates and stock prices, are permitted.
We don’t allow Voice Apps that enable users to contact emergency responders. For example 911 or 999 services.
If your Voice App contains content that may be inappropriate for a general audience, discusses mature themes, disturbing or distressing content, or frequently has profanity, it must include a disclaimer at the beginning of the user’s first conversation with the Voice App and in the Assistant directory description.
4. Using the Services
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
If you use developer features of the Services you must use the interfaces and instructions we provide. If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, you must use the interfaces and instructions we provide.
You cannot use WECAST as commercial advertising features unless you have permission from WECAST and your account and/or your voice apps and/or your posts can be modified or deleted without further notice.
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
Your License to Use the Services
WECAST gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by WECAST, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the WECAST name or any of the WECAST trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of WECAST and its licensors. Any feedback, comments, or suggestions you may provide regarding WECAST, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Ending These Terms
You may end your legal agreement with WECAST at any time by deactivating your accounts and discontinuing your use of the Services. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the WECAST Rules and Policies (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI.
5. Disclaimers and Limitations of Liability
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “WECAST Entities” refers to WECAST, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE WECAST ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The WECAST Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the WECAST Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WECAST ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WECAST ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID WECAST, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE WECAST ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6. Service Fees
The use of certain WECAST Services may be subject to payment of particular fees, as determined by WEAST in its sole discretion (“Paid Services” and “Fee(s)”, respectively). WECAST will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
WECAST reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, WECAST shall have the right to automatically and without notice renew your subscription to such WECAST Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Wix. To the extent permitted by law (and unless specified otherwise by WECAST in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the WECAST Services, or to any payments or purchases made by you. If WECAST is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). WECAST is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize WECAST (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries WECAST or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
You must keep a credit card stored with WECAST to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits as in your Account Settings Page.
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, WECAST will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, WECAST will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the WECAST Services you use (whether or not such WECAST Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any WECAST Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any WECAST Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against WECAST in relation to the discontinuation of any WECAST Services or Third Party Services, for whatever reason.
If you are not satisfied with WECAST Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such WECAST Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of WECAST services which is an upgrading of a free membership by purchasing a Standard or Premium Plan (as offered on the WECAST Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of WECAST Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If WECAST receives such notice within such Refund Period, WECAST will refund to you the amount WECAST charged you for such WECAST Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. WECAST will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any WECAST Services actually received, as permitted by law.
Please note: Certain services purchased on or through the WECAST Services may be non-refundable. The terms of each purchased service or application are indicated on the WECAST Website and/or as part of or during the process of purchasing such services or applications. WECAST treats My Credit as service credit issued and only usable from WECAST with no monetary value. When you pay your fees with your credit your actual payment will always be deducted before your use of credit. Your credit cannot be taken out from our service unless the credit contains real money value you purchased from. For example, if you requested your refund of your payment as WECAST credit, we will realize that refunded credit has real money value and we will refund you back the credit you have left from what you paid. Note that the paid credit will be used before your credit you receive not an exchange of your payment. It is your obligation to verify your ability to cancel a service prior to purchasing it. WECAST will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your WECAST account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the WECAST Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, data and Third Party Services may be subject to cancellation and Capacity Loss.
Your use of the WECAST Services will not resume until you re-subscribe for any such WECAST Services, and pay any applicable Fees in full, including any fees and expenses incurred by WECAST and/or any Third Party Services for each Chargeback received (including Fees for WECAST Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to WECAST, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the WECAST Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the WECAST Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at WECAST.AI, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the South Korea, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and WECAST. All disputes related to these Terms or the Services will be brought solely in the federal courts located in Seoul, South Korea, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. WECAST’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and NextNest, Inc., 28 Myeondal-ro, Seocho-gu, Seoul, South Korea. If you have any questions about these Terms, please contact us.
Effective: NOV 25, 2019