Terms of Service

Effective Date: February 1, 2025

Welcome to Walle! These Terms of Use ("Terms") govern your access to and use of the Walle service, a web-based service provided by Wallestudio.inc ("Wallestudio," "we," "us," or "our"). By accessing or using the Walle website located at https://www.wallestudio.com/ (the "Site"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not use Walle. Your agreement to these Terms constitutes a legally binding contract between you and Wallestudio.

1. Eligibility

To use Walle, you must be at least 18 years old or have reached the legal age of majority in your jurisdiction of residence. You must also be fully able and competent to enter into, and abide by, these Terms. If you are using Walle on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, you must not use Walle.

2. Changes to the Terms

We reserve the right to modify these Terms at any time. We will post the updated Terms on the Site and update the "Effective Date" at the top of this page. Your continued use of Walle after the effective date of any changes constitutes your acceptance of the new Terms. You should periodically review these Terms to be aware of any revisions. If you do not agree to the updated Terms, you must stop using Walle.

3. Walle Service

3.1 Description

Walle is a web-based service that may include features, functionality and technology, that are collectively referred to as the “Service”.

3.2 Access and Use

Subject to your compliance with these Terms, you may access and use Walle. You agree to use Walle only for lawful purposes and in accordance with these Terms and any applicable laws or regulations. You are responsible for ensuring that you have all necessary rights to use and provide any information or content in connection with your use of Walle.

3.3 Account Creation

While some parts of Walle may be accessible without registration, accessing certain features may require creating an account ("Account"). If you register for an Account, you agree to provide accurate, current, and complete information, and to keep that information updated. You are responsible for maintaining the confidentiality of your Account credentials. You must notify us immediately of any unauthorized access to your Account. You are responsible for all activity occurring under your Account.

3.4 Prohibited Conduct

You agree not to engage in any Prohibited Conduct, which includes, but is not limited to:

Using Walle for any illegal, unauthorized, malicious, or harmful activities.
Attempting to gain unauthorized access to any system or information.
Infringing on the intellectual property or other rights of another person.
Modifying, copying, sublicensing, leasing, selling, or distributing any part of Walle.
Reverse engineering or attempting to discover the source code or underlying components of Walle.
Automatically or programmatically extracting data.
Representing that output was human-generated when it was not.
Interfering with or disrupting Walle or its related systems.
Developing products or services that compete with Walle.
Using Walle in any manner that violates applicable laws or regulations.
Crawling, scraping, or otherwise harvesting data from Walle.
Transmitting or disseminating data containing viruses, worms, or other harmful code.
Performing vulnerability or penetration testing of Walle.
Engaging in activities designed to gain unauthorized access to files or data.
Accessing Walle through automated means (bots, scripts, etc.) without explicit permission.
Engaging in any conduct that restricts or inhibits any person from using Walle.

3.5 Third-Party Services and Content

Walle may use or link to third-party services, products, or websites ("Third-Party Services"). We do not control, and are not responsible for, any Third-Party Services or their content. Your use of Third-Party Services is at your own risk and subject to their terms of use and privacy policies. We are not liable for any loss or damage arising from your use of Third-Party Services.

3.6 Modifications to the Service

We may modify or change Walle at any time, including adding or removing features, or discontinuing the service entirely. We will not be liable for any modification, suspension, or discontinuance of Walle.

4. Fees, Payment and Subscriptions

4.1 Fees

Certain features or access levels of Walle may require payment of fees. You are responsible for paying any applicable fees listed on the Site. If you purchase access to Walle, you must provide complete and accurate billing information ("Payment Method"). You agree that we may charge your Payment Method for all applicable fees, as well as any applicable taxes.

4.2 Subscriptions

Some Walle services may be offered through subscriptions ("Subscriptions"). Subscriptions may be offered on a monthly or annual recurring basis, or a duration to be determied when you subscribe to the Subscription.

Subscription Content: We may change the content, features, and services provided as part of your Subscription over time.
Automatic Renewal: Your Subscription will automatically renew at the end of each billing cycle until you cancel. Your Payment Method will be charged for the renewal period at the then-current rate.
Cancellation: You may cancel your Subscription at any time. To avoid being charged for the next billing cycle, you must cancel at least 24 hours before the renewal date. If you cancel, you will still have access to Walle until the end of your current billing cycle. Subscription fees are generally non-refundable.
Fee Changes: We may increase Subscription fees from time to time, but we will inform you of the increase at least 14 days in advance of the change. If you do not agree to an increase in Subscription fees, you may cancel your Subscription before the next billing cycle.

4.3 Payment Errors

We are not liable for any errors caused by third-party payment processors used to process your payment.

5. Intellectual Property

5.1 Prompts, Output and Content

You may be allowed to submit text, documents, or other materials to Walle for processing (“Prompts”). Walle may generate responses based on your Prompts (“Outputs”). Prompts and Outputs are collectively “Content.” By submitting Prompts to Walle, you represent and warrant that: (a) you have all rights, licenses, and permissions that are necessary for us to process the Prompts; (b) the Prompts will not violate these Terms of Service, our Acceptable Use Policy, or any applicable laws or regulations; and (c) you will not include in any Prompts (or disclose, send or transmit to Wallestudio), or upload any sensitive, personally identifiable information that is subject to specific regulations or laws that impose increased protections and/or obligations with respect to handling that type of information (including, but not limited to, financial, health, social security numbers or other government identification numbers, ethnicity, sexual orientation and political affiliations), such as HIPPA or GLBA, or under international regulations such as GDPR, or any other information where unauthorized disclosure could cause material or severe harm or impact to Wallestudio or third parties (“Restricted Data”).

5.2 Your Rights in Content

To the extent permitted by law, you retain your ownership rights in your Prompts. Subject to your compliance with these Terms of Service, we assign to you all of our right, title, and interest, if any, in and to Outputs. You acknowledge and agree that due to the nature of our Services and artificial intelligence generally, your Outputs may not be unique and other users may receive similar output from Walle. This assignment does not apply to other user's outputs or any Third-Party Output.

5.3 Disclaimer on Outputs

Artificial intelligence technologies are rapidly evolving. While we strive to make Walle accurate and reliable, use of Walle may produce Outputs that are not always correct, current, or complete. You acknowledge that:

Output may not always be accurate and may contain false or misleading information.
You should not rely on Outputs as a sole source of truth or factual information, or as a substitute for professional advice.
You should independently verify the accuracy of Outputs.
You are responsible for evaluating Output for accuracy and appropriateness for your use case.
You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person without independent verification.
The Service may provide incomplete, incorrect, or offensive Output that is inconsistent with our views.
If third party products or services are mentioned in Output, it doesn’t mean we endorse such products or services.

5.4 Feedback

If you provide feedback about Walle, you agree that we may use it without restriction and without any obligation to you.

5.5 Our Use of Content

You agree that we may use Content to: (a) provide, maintain, train and improve Walle; (b) develop other products and services; (c) comply with applicable law, enforce our terms and policies; (d) respond to claims that any Content violates the rights of third parties; or (e) protect the rights, property, or personal safety of Wallestudio, its users, or the public.

5.6 Our Rights in Walle

We and our Providers own all rights to Walle and its related technology. Other than the rights of access and use expressly granted in these Terms, you have no rights in Walle.

6. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Wallestudio and its affiliates, officers, directors, service providers, licensors, and agents (collectively, the "Wallestudio Parties"), from any Claim arising out of: (a) your use of Walle; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) your violation of any law; (e) any Prompts submitted from your Account; or (f) your use of Linked Content.

7. Warranty Disclaimer

WALLE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE WALLESTUDIO PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. THE WALLESTUDIO PARTIES DO NOT WARRANT THAT WALLE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE WALLESTUDIO PARTIES, AND THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR: (A) MORE THAN THE AMOUNT YOU PAID FOR ACCESS TO OR USE OF WALLE (IF ANY), IN THE SIX MONTHS PRECEDING THE DATE SUCH DAMAGES, LOSSES, AND CAUSES OF ACTION FIRST AROSE OR ONE HUNDRED US DOLLARS (US$100.00), WHICHEVER IS GREATER; AND (B) ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, PUNITIVE OR OTHER DAMAGES. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE WALLESTUDIO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

9. Dispute Resolution by Binding Arbitration

9.1 Agreement to Arbitrate

Any disputes arising out of or relating to these Terms or your use of Walle will be resolved exclusively through binding arbitration, rather than in court. You and Wallestudio are waiving the right to a trial by jury or to participate in a class action. This Agreement is governed by the Federal Arbitration Act.

9.2 Class Action and Representative Action Waiver

You agree that you may only bring claims against Wallestudio in your individual capacity, and not as a class member in any class or representative action. The arbitrator may not consolidate claims or preside over any class or representative proceeding, and can only award relief that impacts the individual party.

9.3 Pre-Arbitration Dispute Resolution

Before commencing arbitration, you must send us a written Notice of Dispute to the following address:

Wallestudio, Inc. [Insert Full Physical Address]

The Notice must describe the dispute and the relief you seek. We must first attempt to resolve any dispute before you may commence an arbitration proceeding. If the dispute is not resolved within sixty (60) days of receiving the Notice, you or Wallestudio may begin an arbitration proceeding.

9.4 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules. The arbitrator's decision will be enforceable in court.

9.5 Confidentiality

All aspects of the arbitration proceeding will be kept strictly confidential.

9.6 Cost of Arbitration

The AAA rules will govern payment of fees, unless otherwise required by the arbitrator. If your cost of arbitration will be prohibitive, Wallestudio will pay the additional fees required for arbitration.

10. Termination

You may stop using Walle at any time. We may terminate your access to Walle at any time without notice if we believe you have violated these Terms. If we terminate your access for a Terms violation and you have a Subscription, you will not be entitled to a refund. We may also terminate any subscription for any reason, and in that case will provide a refund of the un-used period of the subscription. We may delete any Content or data associated with your Account after termination.

11. Miscellaneous

11.1 Entire Agreement

These Terms constitute the entire agreement between you and Wallestudio regarding Walle.

11.2 Supplemental Terms

We may offer services with supplemental terms. In the case of a conflict, supplemental terms will prevail.

11.3 Severability

If any part of these Terms is invalid, the remaining provisions will remain in effect.

11.4 No Waiver

Our failure to enforce a provision is not a waiver of our right to do so later.

11.5 Assignment

You may not assign your rights under these Terms. We may assign our rights to an affiliate or successor.

11.6 Publicity

You may not use our name or logos without our prior written permission.

11.7 Export Compliance

You agree to comply with all applicable export laws and regulations.

11.8 Legal Compliance

We may comply with law enforcement requests or requirements.

11.9 U.S. Government Use

Walle is commercial computer software, and U.S. Government users will have only those rights as granted in this document.

11.10 Equitable Relief

You agree that injunctive relief provides the best remedy for breach of Section 3 (Conditions on Use of Our Services)

11.11 Force Majeure

We are not liable for delays due to forces beyond our control.

By using Walle, you acknowledge that you have read, understood, and agree to these Terms of Use.