Whiz Terms and Conditions

1. Agreement to Terms

Welcome to Whiz! These Terms and Conditions (these "Terms") are a legal agreement between you (referred to as "you" or "User") and Whiz (referred to as the "Company", "we", "us", or "Whiz") governing your access to and use of our Whiz services, including our website (e.g. askwhiz.io), web portal, AI chatbot platform, and any related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms, as well as our Privacy Policy (which is incorporated herein by reference). If you do not agree with any part of these Terms, you must not access or use the Service.

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or use the Service. By accepting these Terms, you represent that you are at least 18 and have the legal capacity to enter into this agreement. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to the entity. (If you do not have such authority, you must not use the Service.) You further acknowledge that the Service is primarily intended for business and commercial use (B2B applications) and not for personal or household use by individual consumers.

Acceptance of Terms: By using the Service, you acknowledge that you have read, understood, and agree to these Terms. These Terms apply to all users of the Service, including account holders, visitors, and anyone interacting with the Whiz platform. If you have any questions about the Terms, please contact us before using the Service. IF YOU DO NOT AGREE with these Terms, or any future updates to these Terms, you must discontinue using the Service.

2. Description of Service

Whiz is a cloud-based, AI-powered customer support and equipment diagnostics platform that helps businesses provide instant, 24/7 troubleshooting assistance to their customers. The Service enables you to create and manage a custom AI chatbot that can interact with end-users (such as your customers or employees) through messaging platforms like WhatsApp or via your own website/app. By uploading your product information and documentation (for example, equipment manuals and support guides) through our web portal, you train the AI to recognize and diagnose issues related to your products. The AI chatbot can then provide expert-like support by answering user queries, identifying common problems, and guiding users through solutions in real time and in multiple languages, around the clock, without the need for human intervention.

Key Features: Whiz's core features include instant equipment diagnostics, step-by-step troubleshooting guidance, and real-time support analytics. Every interaction between your customers and the AI is automatically logged and made available to you through the web portal. You can search and review the conversation history to spot recurring issues or extract insights (this logging is done with privacy considerations and anonymization as appropriate). The Service integrates seamlessly with third-party messaging services — notably WhatsApp — meaning your customers do not need to install any new app; they can simply chat with your AI assistant through familiar platforms. Whiz also offers integration options for your own applications or website, and it runs on a secure, cloud-based infrastructure to ensure quick response times and scalability. In summary, Whiz allows your organization to "reimagine equipment repair & customer support with AI," reducing downtime and improving customer satisfaction by providing on-demand support anytime, anywhere.

3. User Account Responsibilities

Account Registration

To use Whiz, you will need to create an account on our platform. When registering, you agree to provide accurate, current, and complete information about yourself and/or your organization as prompted (such as your name, a valid business email address, company name, and a secure password). You are responsible for updating your account information promptly if it changes. We reserve the right to suspend or terminate accounts that contain false, outdated, or incomplete information.

Account Security

You are responsible for maintaining the confidentiality of your account login credentials (username and password). You must not share your password or give others access to your account. You agree to notify us immediately at contact@fluidrat.com if you suspect or become aware of any unauthorized access to or use of your account. Whiz will not be liable for any loss or damage arising from your failure to secure your account, and you may be held responsible for losses incurred by us or others due to such unauthorized use. Always ensure that you log out from your account at the end of each session, especially when using a shared or public device.

Use by Authorized Persons

If you create an account on behalf of a company or any other entity, you are responsible for ensuring that all individuals who access the Service through your account (such as your team members or contractors) are aware of and comply with these Terms. You may establish sub-accounts or user roles for your team if such features are provided, but you remain responsible for all actions taken under your account and those sub-accounts. You agree to take reasonable steps to maintain the security of your account, including using strong passwords and limiting access to authorized personnel only. You are fully responsible for any activity that occurs under your account credentials (whether or not authorized by you), and for any consequences of unauthorized access.

Accuracy of Information

All information you provide to Whiz must be truthful and lawful. You must not use false identities or impersonate any other person or entity when registering or using the Service. If any of your account information (for example, contact details or billing information) changes, you agree to promptly update your account to reflect those changes. We may occasionally request that you verify your account information and compliance with these Terms; failure to do so may result in suspension of your account.

4. Acceptable Use Policy

To maintain a reliable, safe, and lawful Service, we require all users to adhere to this Acceptable Use Policy. You agree that you will not, and will not permit or encourage anyone else to, use the Service in a manner that:

• Violates any law or regulation. You must not use the Service for any purpose or in any manner that violates local, state, national, or international laws or regulations. This includes (but is not limited to) laws relating to data privacy, export control, and intellectual property.
• Infringes upon the rights of others or involves unlawful content. You will not upload, transmit, or distribute through the Service any content that is illegal, defamatory, libelous, harassing, abusive, fraudulent, obscene, or otherwise objectionable. You also agree not to provide any content that infringes any patent, trademark, trade secret, copyright, privacy, publicity, or other rights of any person or entity.
• Harms or exploits minors. You will not use the Service in any way that could harm minors. This means you must not expose minors to inappropriate content, or attempt to gather personal information from anyone under the age of 18 through the Service.
• Sends spam or unauthorized communications. You must not use the Service to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages.
• Impersonates or misrepresents yourself or your affiliation. You will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, credentials, or affiliation with any person or entity when using the Service.
• Engages in fraudulent, misleading, or harmful conduct. You will not use the Service in connection with any fraudulent or deceptive practices, or to promote dangerous activities.
• Interferes with the Service or other users. You must not interfere with or disrupt the proper functioning of the Service or any servers or networks used to supply the Service.
• Introduces malware or harmful code. You agree not to upload or transmit any viruses, worms, malware, Trojan horses, or other harmful code or program that could damage or alter the Service.
• Uses automated means inappropriately. You will not use any automated systems such as bots, scrapers, or scripts to access, query, or otherwise collect information from the Service in a manner that sends more requests to the Service than a human can reasonably produce in the same time.
• Reverse engineers or misuses our software. You must not attempt to reverse engineer, decompile, disassemble, or tamper with any part of the Service.
• Resells or sub-licenses the Service without authorization. The Service is provided for your use or your organization's use. You will not rent, lease, sell, redistribute, or sub-license the Service to any third party without our prior written approval.
• Attempts any other harmful or abusive conduct. You agree not to engage in any other conduct that, in Whiz's sole discretion, threatens, abuses, or negatively impacts our staff, other users, the Service's functionality, or that could expose us or others to liability or harm.

Enforcement: We reserve the right (but do not assume the obligation) to monitor usage of the Service for compliance with these rules. If we believe, in our sole judgment, that you have violated this Acceptable Use Policy or any other provision of these Terms, we may take appropriate action. This can include removing or disabling access to certain content, warning you, suspending or terminating your account, and/or reporting you to law enforcement authorities if the conduct is unlawful.

5. Subscription and Billing Terms

Subscription Plans

Whiz is offered on a subscription basis with different plan options to fit your needs. We currently offer a Personal Plan and an Enterprise Plan:

• The Personal Plan is a monthly subscription intended for individual professionals or single teams. The fee for the Personal Plan is USD $50 per month (unless otherwise specified), which includes a usage allowance of approximately 20,000 tokens per month (roughly equivalent to 5,000 AI-generated message responses). This plan allows you to create one custom AI chatbot using your own data/documentation, and the token usage limit applies across all your chat interactions.
• The Enterprise Plan is a customized subscription for larger organizations or advanced needs. It includes all the features of the Personal Plan, plus additional benefits such as personalized onboarding, custom AI training/fine-tuning services, and the opportunity for revenue sharing on public bots (see Section 14). Pricing for the Enterprise Plan is determined on a case-by-case basis.

Free Trial

We may offer a free trial for new users, allowing you to experience the Personal Plan features for a limited period without charge. Typically, no credit card is required to sign up for the free trial. At the end of the free trial, your access to the Service may be automatically downgraded or terminated unless you choose to upgrade to a paid subscription.

Billing and Payment

By starting a paid subscription, you authorize Whiz (or our authorized payment processor) to charge the applicable subscription fees to the payment method you provide. All fees are stated and charged in U.S. Dollars (USD), unless otherwise specified.

Auto-Renewal

Subscriptions automatically renew to prevent interruption of your service. This means that at the end of each billing period, we will automatically charge your provided payment method for the next period's subscription fees, unless you have canceled your subscription in advance.

Cancellation Policy

You may cancel your subscription at any time. You can typically do this through your account settings on our platform or by contacting our support team at contact@fluidrat.com. If you cancel, the cancellation will take effect at the end of your current billing period. We do not provide prorated refunds or credits for any unused days or unused token allotments in your billing cycle if you cancel in the middle of a cycle, except where required by law.

Refunds

Subscription fees (and any related charges) are non-refundable, except in specific circumstances required by law or expressly allowed by us. Any requests for exceptions will be evaluated on a case-by-case basis at our sole discretion.

6. Intellectual Property Rights (User Content & Whiz Content)

User Content – Ownership and License

User Content refers to any data, information, text, images, or other materials that you (or your end-users) upload, submit, or otherwise provide to the Service. You retain all rights and ownership of your User Content. Whiz does not claim ownership of the content or data that you provide to us.

However, by using the Service and providing User Content, you grant Whiz a limited, non-exclusive, worldwide, royalty-free license (with the right to sublicense to our contractors or subprocessors as needed for operations) to use, copy, store, transmit, display, and adapt your User Content solely for the purpose of providing and improving the Service.

AI-Generated Output

When you use the Service, our AI may generate text or other content in response to queries ("AI Output"). To the extent the AI Output includes or is derived from your User Content, you retain ownership of those portions. Whiz does not claim to own the individual AI-generated responses provided to you, and you are generally free to use the AI Output within your organization or with your customers as intended.

By using the Service, you agree that Whiz retains all rights, title, and interest in and to the underlying software, algorithms, AI models, and methodologies that generate the AI Output.

Use of Whiz's Content and Intellectual Property

Whiz and its licensors retain all rights, title, and interest in and to the Service and all content provided by us, except for your own User Content. This includes the software code, architecture and design of the platform, AI model parameters and training, APIs, web design, graphics, our trademarks, logos, and branding.

Feedback

We welcome feedback, suggestions, or ideas from users on how to improve the Service. If you choose to provide us with any Feedback, you agree that such Feedback is given voluntarily and we are free to use it however we see fit, without any obligation to you.

7. Data Privacy and Processing

Your privacy is important to us. Whiz's collection, use, and processing of data (including personal data) is governed by our Privacy Policy, which is hereby incorporated into these Terms by reference. We strongly encourage you to read our Privacy Policy to understand how we handle your information.

Data Collected

In providing the Service, Whiz may collect and process several types of data:

• Account Information: Name, email address, password, company name, job title, and contact details.
• Company and Product Data: Equipment documentation, product manuals, troubleshooting guides, and other files you upload.
• Conversation Logs: Conversation transcripts and chat logs between your end-users and the AI chatbot.
• Usage Analytics: Metrics like number of messages processed, response times, active bot sessions, and other technical information.
• Third-Party Integration Data: Information from connected third-party accounts or services (e.g., WhatsApp, Google Drive).

GDPR Compliance

Whiz is headquartered in the European Union (EU), and we adhere to the EU General Data Protection Regulation (GDPR) and other applicable data protection laws. We implement appropriate technical and organizational measures to safeguard personal data within the Service, including encryption in transit, access controls, and regular security assessments.

Your Responsibilities – Data Privacy

If you are using Whiz to interact with your customers or end-users, you may be the "Data Controller" of your end-users' personal data, and Whiz is a "Data Processor" processing that data on your behalf. You are responsible for ensuring that you have a valid legal basis to collect and use your end-users' personal data and to disclose it to us for processing.

If you require a Data Processing Addendum (DPA), please contact us at legal@fluidrat.com.

8. AI-Generated Content Disclaimer

Whiz leverages advanced artificial intelligence (AI) to generate responses and troubleshoot issues automatically. While this technology is powerful, it also has important limitations. By using the Service, you acknowledge and agree to the following:

• No Guaranteed Accuracy or Completeness: We do not guarantee that the AI's responses are correct, accurate, complete, or reliable. The AI may occasionally produce incorrect or nonsensical suggestions.
• Not a Substitute for Professional Judgment: The Service's outputs are for informational and support purposes and are not guaranteed to resolve every issue. They are not a substitute for professional judgment or certified expert advice.
• Potential for Errors and Bias: AI technology can sometimes produce outputs that are plausible-sounding but incorrect or irrelevant. You should approach AI-generated advice with a critical eye.
• User Responsibility for Verification: You are responsible for reviewing and verifying the AI-generated content that is provided to your end-users.
• No Warranties for AI Content: All AI-generated content is provided "as is" and without any warranty of any kind.
• Use at Your Own Risk: You and your end-users use the information generated by the AI at your own risk. Whiz is not liable for any actions you take in reliance on the AI's output.

9. Third-Party Services and Integrations

WhatsApp Integration (Meta Platforms)

One of Whiz's key features is the ability to deploy your chatbot on WhatsApp. WhatsApp is a service provided by Meta Platforms, Inc. (Facebook) and is governed by its own terms and policies. By using the WhatsApp integration, you agree to comply with all applicable WhatsApp terms of service, policies, and guidelines.

Whiz will not be responsible if you violate WhatsApp's terms and WhatsApp or Meta takes enforcement action against your WhatsApp access.

Other Third-Party Services

Whiz uses several third-party services as part of our infrastructure, including Supabase (for database and authentication), Google Cloud Storage (for file storage), and others. While this data is stored on third-party platforms, it remains under our control and is used only as described in our Privacy Policy.

Any dealings you have with third-party providers are solely between you and that third party. Whiz does not warrant or support (and expressly disclaims all responsibility and liability for) services provided by third parties.

10. Third-Party Brand Usage and Fair Use

When you create a chatbot using Whiz that references third-party equipment brands, manufacturers, or products, you must comply with the following guidelines to ensure fair use and avoid trademark infringement:

Required Disclaimers

All chatbots that reference third-party brands must include prominent disclaimers that are clearly visible to end-users. These disclaimers should include statements such as:

• "This is an unofficial third-party chatbot created from publicly available [Brand Name] documentation"
• "Not affiliated with, endorsed by, or created by [Brand Name]"
• "[Brand Name]® is a registered trademark of [Company Name]"

Brand Name Usage Guidelines

When referencing third-party brands in your chatbot, you must:

• Use only plain text brand names – never use third-party logos, visual branding elements, trade dress, or distinctive design elements
• Keep brand name usage minimal – use brand names only where necessary to identify what the chatbot does or which equipment it supports
• Avoid confusion – never imply official affiliation, endorsement, or authorization from the brand owner
• Respect trademark rights – acknowledge that all third-party brand names and trademarks remain the property of their respective owners

User Interaction Clarity

Your terms of service, privacy policy, or chatbot welcome message must clearly inform end-users that their interactions with your chatbot are not with the equipment manufacturer or brand owner. Users must understand they are interacting with a third-party AI assistant that uses publicly available documentation.

Your Responsibility

You are solely responsible for ensuring that your use of third-party brand names complies with applicable trademark laws and fair use principles. Whiz is not liable for any claims arising from your unauthorized or improper use of third-party trademarks. If you receive any trademark complaint or legal notice related to brand usage in your chatbot, you must notify Whiz immediately and take appropriate action to address the issue.

11. Service Availability and Uptime

Whiz is committed to providing a reliable and high-performing service. Our target is to maintain an uptime of around 99.8% or higher for the Service (excluding scheduled maintenance windows).

While we aim for near-continuous availability, we do not guarantee that the Service will be uninterrupted or error-free 100% of the time. There are many factors outside of Whiz's control that can affect availability, including issues with internet service providers, failures of cloud hosting providers, natural disasters, cyber-attacks, or other force majeure events.

From time to time, we will need to perform scheduled maintenance or deploy updates to keep the Service secure and up-to-date. We strive to schedule routine maintenance during off-peak hours to minimize disruption.

12. Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE LIABILITY OF WHIZ AI TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, WHIZ AI (AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT THAT WE ARE FOUND LIABLE FOR ANY CLAIM, OUR TOTAL, CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU HAVE PAID TO WHIZ AI IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. If you have not paid any fees, our total liability to you shall not exceed USD $100.

The limitations set forth in this section will not limit or exclude liability for Whiz's gross negligence, fraud, or intentional misconduct, or for any other types of liability that cannot be limited or excluded under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Whiz and its parent company, subsidiaries, affiliates, and their respective officers, directors, employees, agents, partners, and licensors (collectively, the "Whiz Parties") from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) that arise out of or relate to any third-party claims resulting from:

• Your use of the Service
• Your breach or alleged breach of any provision of these Terms
• Any claim that the User Content or data you provided infringes the rights of a third party
• Any dispute or issue between you and any third party (including your customers or end-users)

Your indemnification obligations will remain in effect even after you stop using the Service or your account is terminated.

14. Termination Conditions

Termination by You

You are free to stop using the Service at any time. You may terminate your subscription or close your Whiz account through the account settings in the dashboard or by contacting us at contact@fluidrat.com. If you are on a paid subscription and you terminate the Service, cancellation will be effective at the end of your current billing period.

Termination by Whiz

We reserve the right to suspend or terminate your account or access to the Service at any time, with or without notice, if we reasonably believe that you have violated these Terms, for security risks or misconduct, for non-payment, or if required by law.

Effect of Termination

Upon termination of your account for any reason, you must immediately stop using the Service. You will lose access to any data stored in your account. It is your responsibility to back up or export any data you wish to retain before terminating your account. Certain sections of these Terms will survive termination.

15. Revenue Sharing Terms (Enterprise Plans)

This section applies only to Enterprise customers or others who have an agreement with Whiz to publish and monetize chatbots ("public bots") for use by third parties.

Standard Revenue Split

Unless otherwise agreed in writing, the standard revenue sharing arrangement for Enterprise plan participants is 30/70 (Whiz/You) on net revenue from public bots. This means Whiz will retain thirty percent (30%) of the revenue generated by third parties using your public bot, and you (the Enterprise publisher) will receive seventy percent (70%).

Payouts

Whiz will remit your share of revenue to you on a periodic basis, typically on a monthly cycle. You will need to provide us with accurate payment information and complete any required paperwork (like tax forms if applicable) to receive payments.

Taxes on Revenue Share

The revenue share amounts paid to you are considered your income. You are responsible for any taxes that apply to the amounts you earn from the revenue sharing program.

16. Modifications to Terms

Whiz is an evolving service, and we may need to update these Terms from time to time to reflect changes in our Service, our business practices, or legal requirements.

We reserve the right to modify or update these Terms at any time. We will do so by posting the revised Terms on our website and updating the "last updated" date. If the changes are material, we will also take additional steps to inform you of the update (for example, via email notification).

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the new Terms, you must stop using the Service.

17. Governing Law

These Terms and any dispute or claim arising out of or in connection with these Terms or the use of the Service shall be governed by and construed in accordance with the laws of Romania, a member state of the European Union, without regard to its conflict of law principles.

Jurisdiction: You and Whiz agree that the courts of Romania shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms. We currently designate the courts of Oradea, Romania as the venue for any such disputes.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be deemed severed and will not affect the validity and enforceability of the remaining provisions.

Entire Agreement: These Terms (together with the Privacy Policy and any other policies referenced herein) constitute the entire agreement between you and Whiz with respect to the Service, and supersede any prior agreements relating to its subject matter.

18. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, or if you need to contact us for any reason, Whiz provides multiple channels to get in touch:

• Email (Legal and General Inquiries): legal@fluidrat.com
• Email (Support): contact@fluidrat.com
• Website: https://www.askwhiz.io
• Mailing Address: Whiz – Attn: Legal Department, Calea Aradului nr.15, ap.18, 410054, Romania