Welcome to Wickson and Firespawn.ai by Firespawn Studios! These Terms of Service ("Terms") govern your use of our AI app ("Service") and any associated websites, software, or services. By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. Unless otherwise stated, these Terms apply to all users of our services worldwide.
At Firespawn Studios, we're not just adapting to the technological landscape; we're helping to create it. Our cross-disciplinary approach in AI, software development, and advanced manufacturing enables us to deliver unparalleled innovations that shape the future and help businesses thrive.
You must be at least 13 years old to use our Service in the United States, or the equivalent minimum age in the jurisdiction where you reside, if higher. By using our Service, you represent and guarantee that you meet this age requirement. If you are under the age required in your jurisdiction, you must have your parent or guardian's consent to use our Service. We comply with the Children's Online Privacy Protection Act (COPPA) in the United States and equivalent laws in other jurisdictions
Information must be accurate when registering with our services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Account/credential sharing is prohibited. If you create an account on behalf of another person or entity, you must have the authority to accept these terms on their behalf. We handle all personal and related information provided during registration in accordance with our Privacy Policy
Providing false or misleading information during registration may result in the immediate termination of your account and access to our Service.
Our Service, including all text, graphics, images, software, and other content, is owned by Firespawn Studios or its licensors and is protected by intellectual property laws. You may not modify, reproduce, distribute, or create derivative works from our Service without our prior written consent. We adhere to the intellectual property laws of North America, including copyright and trademark laws in Canada, the United States, and Mexico.
You agree to use our Service in compliance with all applicable laws and regulations in North America, including but not limited to those of Canada, the United States, Mexico, Central America, and the Caribbean. Violation of these rules may result in the suspension or termination of your access to the Service and may also subject you to civil and criminal liability. By using our Service()s you agree that you will not:
As a subscriber to our paid Service, you are granted a fully paid-up, royalty-free, perpetual, and exclusive license to any content generated by our AI during the length of your paid subscription, to the fullest extent permitted by law. Firespawn Studios does not claim ownership over the content you create. This license allows you to use, modify, and distribute the content for both commercial and personal purposes, provided that:
You also retain ownership of the prompts used to generate the content, provided that you had the right to own the prompts initially. Firespawn Studios does not use your prompts to train our AI models.
Please note that the content generated by our AI is provided "as is," and Firespawn Studios does not guarantee that it will be free of potential issues, such as copyright infringements or other legal concerns, nor does it imply that it is fit for any particular use. It is your sole responsibility to perform due diligence and ensure that the content complies with all applicable laws and regulations before use.
By using our Service, you agree to indemnify, defend, and hold harmless Firespawn Studios, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from your use of the generated content. This includes, but is not limited to, claims of intellectual property infringement by third parties. Firespawn Studios reserves the right to revoke your license if the content is used in violation of these Terms or any applicable laws.
We are committed to providing you with valuable AI-generated content and encourage you to use it confidently and responsibly within the bounds of these Terms.
You retain ownership of any content generated while you have a valid subscription, even after your subscription ends.
Our Service is provided "as is" and without warranties of any kind, whether express or implied. We do not guarantee the accuracy, reliability, or completeness of our Service or the responses provided by our AI agent. We strive to comply with consumer protection laws across North America, including the Federal Trade Commission Act in the U.S. and the Competition Bureau's regulations in Canada. These limitations do not apply in jurisdictions where such disclaimers are not permitted.
To the maximum extent permitted by law, Firespawn Studios shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses or damages, arising out of or in connection with your use of our Service. Our liability is further limited by the terms of any applicable Service Level Agreements (SLAs).
Firespawn Studios' total liability to you for any claims arising from your use of the Service, including for any implied warranties, is limited to the amount you paid us to use the Service.
Our Service is provided "as is" and "as available" without any 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. Firespawn Studios does not warrant that:
These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Firespawn Studios operates, without regard to its conflict of law provisions. We encourage you to first contact our customer service team for assistance if you experience any issues with our Service(s). Our customer service aims to swiftly resolve any concerns directly with our users and prevent the need for further legal disputes.
If the issue cannot be resolved through our customer service team, the next step is to seek resolution through mediation. All disputes arising under or in connection with these Terms that proceed beyond customer service interaction shall initially be attempted to be resolved through mediation. This mediation will be conducted by a neutral mediator agreed upon by both parties, or, if no agreement can be reached, then a mediator will be appointed by the American Arbitration Association (AAA). Each party will bear their own costs in mediation and will share equally the fees of the mediator unless otherwise agreed.
If the dispute cannot be resolved through mediation, it shall then be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the jurisdiction where Firespawn Studios is located, and the decision of the arbitrator shall be final and binding. For international users, arbitration shall be conducted in the English language, and any logistical details, including but not limited to the location and specific procedures, will be provided to you at the time of the dispute to ensure clear understanding and preparedness for all involved parties.
Arbitration shall only occur after a failed attempt at mediation. The user of the Service(s) understands that a good faith attempt at mediating all grievances and/or issues must be presented to Firespawn Studios first, in order to proceed with arbitration in the event the parties fail to agree to a satisfactory outcome through mediation.
You agree to indemnify, defend, and hold harmless Firespawn Studios, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of our Service or violation of these Terms. This indemnification is subject to the limitations of liability. You agree to notify us immediately of any such claims, suits, or proceedings.
We reserve the right to terminate or suspend your access to our Service at any time, for any reason, without prior notice, in compliance with the laws of the jurisdictions in which we operate. Upon termination, your right to use the Service will immediately cease, and Firespawn Studios may delete all associated data, except as required by law or our data retention policies.
We may update these Terms occasionally to reflect changes in laws and regulations or significant changes to our Service offerings. We will notify you of any material changes by posting the updated Terms on our website and/or within the app. Your continued use of our Service(s) after the effective date of the updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service(s) and may request the termination of your account.
All information you provide must be accurate and complete including the payment method. You will automatically be charged each month on an agreed date. Taxes will be collected as applicable according to your location. If the automatic payment method is insufficient on the renewal date, your subscription will be suspended until remedied. You have the right to cancel your subscription at any time. If you cancel your subscription, you will not receive a refund for any fees already paid. Your subscription will continue until the end of the current billing period. In case of any disputes regarding subscriptions, please contact our support team for resolution.
We are committed to compliance with relevant data protection laws, including the California Consumer Privacy Act (CCPA), Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), and other applicable privacy laws in North America. Our Privacy Policy details how we handle your personal information and the rights you have regarding your data.
While AI-specific regulations in North America are not as numerous as in the EU, we are committed to staying informed about emerging legislation at both the federal and state levels and adapting our Service accordingly.
We strive to make our Service accessible to all users, including those with disabilities. We follow the Web Content Accessibility Guidelines (WCAG) and consider the Americans with Disabilities Act (ADA) for services provided to users in the United States.
Our Service is designed to comply with anti-discrimination laws in each country we serve, including the Civil Rights Act in the U.S. and the Canadian Human Rights Act.
For users engaging in e-commerce transactions through our Service, we comply with North American e-commerce laws, including those related to electronic signatures and consumer transactions.
We implement robust cybersecurity measures that meet North American standards and best practices to protect your data and our Service from unauthorized access and data breaches.
If our AI provides advice in professional domains, our ToS clearly states the limitations of this advice and complies with the regulations governing those professions in each country we serve. Firespawn Studios does not warrant or guarantee the accuracy, completeness, or usefulness of any professional advice provided by our AI.
Our Service is powered by a combination of open-source software and proprietary third-party services, each governed by its respective licensing and usage terms. We are committed to upholding the licensing requirements of these components, including proper attribution and adherence to any notices as mandated by the associated open-source licenses.
For all open-source software integrated into our Service, we ensure that proper attribution is provided within our Service interface or documentation, in accordance with the license terms of each component. Users of our Service are also bound by these open-source license terms and are required to comply with any attribution or notice requirements as specified therein.
Our Service utilizes various proprietary APIs and services, which are crucial to its functionality. These include, but are not limited to:
User Acceptance of Terms: By using our Service, you automatically accept and agree to comply with the terms and conditions of these third-party services and any others necessary for the functionality of providing the Services to you. These terms are an integral part of the user agreement and are essential for the lawful operation of our Service. We maintain a comprehensive list of these third-party services and their respective terms, which is available for review within our Service's documentation or upon request.
Legal Compliance and User Obligations: We strive to ensure that our use of third-party technologies is fully compliant with their licenses. Users are strongly encouraged to review the terms and conditions of these third-party services to fully understand their rights and obligations. Accessing or using our Service constitutes acceptance of these third-party terms. If a user is unable or unwilling to comply with these terms, they must refrain from using our Service.
Updates and Modifications: We reserve the right to update our list of third-party services and their associated terms as necessary. Users will be promptly informed of any significant changes to these terms in a manner consistent with our Service's terms of use. Users are responsible for ensuring their compliance with the terms of these third-party services and any updates thereto. Please note that we are not responsible for any failures or issues arising from the use or interruption of any third-party services.
Any modifications made to open-source components used in our Service will be in accordance with the permissions granted by their respective licenses. If the license requires that modifications be made available under the same terms, we will abide by those requirements to the extent possible or required by law. Users are responsible for ensuring that their modifications comply with applicable laws and third-party licenses.
When integrating third-party APIs into our Service, we ensure that such integrations are permissible under the API provider's terms of service and that they do not infringe upon any intellectual property rights.
Some open-source licenses have restrictions that may affect how software can be combined or distributed. Firespawn Studios carefully evaluates the compatibility of open-source licenses to ensure that our Service can be legally distributed and that all components work harmoniously together.
If you contribute to any of the open-source projects we maintain or utilize, you agree to adhere to the contribution guidelines and license terms of those projects. All contributions shall be licensed accordingly, and you grant us the right to use, modify, and distribute your contributions as part of our Service.
Firespawn Studios reserves the right to remove or alter any user contributions as necessary to comply with applicable laws, regulations, or our internal policies.
We deeply value and appreciate any feedback, criticism, dialogue, customer service support inquiries, and other forms of communication you provide to Firespawn Studios. By submitting such input, you grant Firespawn Studios a non-exclusive, perpetual, royalty-free, worldwide license to use, reproduce, modify, and distribute your input at our sole discretion. This license allows us to enhance our services by refining customer support processes, developing new features, and overall improving our offerings.
While we take all user input seriously, please be aware that Firespawn Studios is not obligated to act on or implement any feedback or suggestions you provide. The decision to use your input, and the manner in which it is used, remains solely at our discretion. By providing feedback, you agree that you will not receive any compensation or recognition for its use, and you waive any claims against Firespawn Studios for its use or non-use. We appreciate your understanding and your contribution to the continuous improvement of our services.
We will make reasonable efforts to monitor changes in the open-source licenses for components we use and will notify our users of any material changes that may affect their use of our Service(s) by posting to our social media channels and/or this website as well as updating these Terms, if applicable.
Firespawn Studios will incorporate security updates and maintain compliance with open-source licenses as part of our ongoing service maintenance.
We comply with COPPA in the United States and equivalent laws in other North American jurisdictions. Our Service takes steps to ensure that children's personal information is protected in accordance with these laws.
While our Service is intended for users in North America, we are mindful of international users who may access our Service. We address these scenarios in our ToS and Privacy Policy. For international users of our Service(s), disputes will be resolved in accordance with the laws of the jurisdiction in which Firespawn Studios operates.
If applicable, we consider the ethical and legal implications of providing AI services related to biotechnology or health in North America.
If you have any questions or concerns about these Terms, please contact us at sales@firespawnstudios.net.