Last Updated: 10 July, 2024

1. General Overview

This Artificial Intelligence Policy ("AI Policy") governs your use of all artificial intelligence services and tools offered by WHC, including, but not limited to, tools that assist in the creation of a website or that generate content (collectively, the "AI Services"). This AI Policy applies in addition to WHC's Terms of Service, Privacy Policy, and any other product-specific terms and conditions.

By using WHC’s AI Services, you acknowledge that you have read, understood, and agree to be bound by this Artificial Intelligence Policy.

2. Content

WHC does not claim ownership of user inputs, including prompts and user input data such as user documents, images, or videos (collectively, “User Inputs”), or AI-generated outputs (“Outputs”). WHC does not verify these User Inputs or Outputs for accuracy, bias, or intellectual property rights clearance. The user is responsible for ensuring they have the necessary rights (e.g., trademark, copyright) for using the Outputs. Outputs may be the same or similar for multiple users. Use the Outputs at your own risk. WHC PROVIDES NO WARRANTY ABOUT: (a) THE ACCURACY OR RELIABILITY OF THE AI SERVICES OR THE OUTPUTS; OR (b) POTENTIAL INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF THIRD-PARTY RIGHTS BY THE OUTPUTS.

WHC uses third-party technology to provide AI Services. WHC and our third-party service providers may collect and use User Inputs and Outputs to provide the AI Services, as well as review User Inputs and Outputs for abuse or misuse. By using the AI Services, you authorize such collection and use.

3. User Responsibilities

You agree to use the AI Services in compliance with WHC’s Terms of Service (including our general Acceptable Use Policy) and not to engage in any activities that are illegal or harmful. In addition, you must not use the AI Services to:

• Generate content that is defamatory, obscene, or infringing on the rights of others.
• Engage in spam or unsolicited communications.
• Upload viruses, malware, or other harmful code.
• Upload any User Input that violates third-party rights or applicable laws or regulations.
• Create content that violates any applicable laws or regulations.
• Generate content that is not intended to be used on your WHC-hosted website or project.

If Outputs generated by the AI Services include material that would violate this AI Policy or WHC’s Terms of Service, do not distribute or publicize those Outputs, and do not use them in any way that could cause harm to a third party.

4. Privacy and Data Use

WHC is committed to protecting your privacy. By using the AI Services, you consent to WHC’s use and storage of your inputs and outputs to deliver your services and as described in our Privacy Policy. While WHC may use these inputs and outputs to provide, maintain, and improve its Services, WHC will not use your data for the purpose of training artificial intelligence models without obtaining prior written consent. This prohibition extends to external AI systems, including but not limited to third-party AI services such as those offered by OpenAI and Microsoft Azure. Accordingly, we recommend that you avoid inputting personal information or sensitive information into the AI Services, except with the appropriate consents of the persons or entities concerned.

5. Limited License

Existing web hosting and Managed WordPress services include a license to use the AI-powered WordPress plugin on one single domain per hosting service, for the duration of their subscription. WHC may charge an additional usage fee of C$20,00 per month for each additional license of the AI-powered WordPress plugin, if used on more than one domain per active subscription, unless otherwise agreed in writing with WHC. Exceptions to this rule include installing the plugin on a staging (non-public) environment.

You may not use the AI-powered WordPress plugin on websites not hosted on WHC services.

6. Disclaimers

WHC PROVIDES THE AI SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT (a) THE AI SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE; (b) THE AI SERVICES WILL BE FREE FROM THIRD-PARTY INTERFERENCE OR OTHERWISE SECURE; OR (c) OUTPUTS WILL BE FREE OF CONTENT THAT INFRINGES, MISAPPROPRIATES, OR VIOLATES ANY THIRD PARTY RIGHTS, SUCH AS PRIVACY OR INTELLECTUAL PROPERTY RIGHTS. YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE AI SERVICES, INCLUDING RELIANCE ON ANY OUTPUTS GENERATED.

USER RECOGNIZES AND AGREES THAT: (a) USER INPUTS ARE NOT CONFIDENTIAL AND MAY BE USED TO TRAIN THE SYSTEM FOR THE BENEFIT OF OTHER USERS AND CUSTOMERS OF WHC OR ITS THIRD-PARTY SERVICE PROVIDERS; AND (b) INFORMATION GIVEN TO OTHER USERS AND CUSTOMERS OF WHC OR ITS THIRD-PARTY SERVICE PROVIDERS MAY INCLUDE INFORMATION FROM USER INPUTS UPLOADED PURSUANT TO THIS POLICY.

7. Limitation of Liability

The following does not affect any warranties that cannot be excluded or limited under applicable law, including the legal warranty provided for under Quebec law:

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WHC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH WHC’S OPERATION OF THE AI SERVICES OR WITH THE USE OR INABILITY TO USE THE AI SERVICES OR THE OUTPUTS, EVEN IF WHC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WHC (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE AI SERVICES OR THE OUTPUTS EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE WHC SERVICES USING GENERATIVE AI TECHNOLOGY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY UNDER THIS AI POLICY OR WHC’S TERMS OF SERVICE.

8. Violation

WHC will, at its own discretion, determine what action will be taken in case of a violation of this AI Policy. WHC reserves the right to suspend or terminate any account found to be violating this AI Policy, without notice and without refund of any pre-paid fees. Violation of this AI Policy could also subject you to criminal or civil liability.

9. Changes to the AI Policy

WHC reserves the right to modify this AI Policy at any time upon 30 days’ notice to you. We may notify you of such changes by any reasonable means including: (i) posting of a new version on our website (https://whc.ca/legal); (ii) a change notice posted in the AI Services; and/or (iii) an email notification to you. Your continued use of the AI Services following the effective date of any such changes will constitute confirmation of your acceptance of the updated AI Policy. If you do not agree to such changes, you must stop using the AI Services following the effective date of such changes.

BY USING WHC'S AI SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS ARTIFICIAL INTELLIGENCE POLICY.