Terms of Service
Last updated: April 25, 2025
These Terms of Service (these “Terms”) are a legal agreement between you (“Customer” or “you”) and WowAI LLC (“Stellair”, the “Company” “we”, “our”, or “us”) and govern your use of our proprietary software and services provided via our website and related platforms (collectively, the “Services” and together with Terms referred as the “Agreement”). In the event of a conflict or ambiguity between these Terms and the applicable Service Order (if any), the terms of the Service Order shall prevail.
We reserve the right, at its sole discretion, to change or modify portions of these Terms at any time. Stellair may revise these Terms only by (a) providing at least thirty (30) calendar-days’ prior notice by email and in-app banner, and (b) requesting your affirmative acceptance for any material change. If you do not accept a material change, you may terminate the Services on written notice before the change becomes effective.
If you are entering into these Terms on behalf of a company or organization, you represent that you are authorized to bind such entity to these Terms. By accessing or using our Services, you agree to these Terms. If you do not agree, please do not use the Services.
WHO CAN USE Stellair
To use our Services, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized access or use.
ACCESS TO SERVICES
Stellair grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services during the subscription term, solely in accordance with this Agreement. You agree not to: (a) decompile, disassemble, or reverse-engineer the Services; (b) use the Services to develop a competing product; (c) sell, sublicense, resell, or transfer the Services to any third party; (d) use the Services for any unlawful or unauthorized purpose; (e) bypass any security or authentication mechanisms; (f) attempt to re-identify anonymized or pseudonymized data; (g) upload or distribute harmful, offensive, or unlawful content; (h) interfere with or disrupt the integrity or performance of the Services; (i) remove or alter any copyright or proprietary notices; or (j) use automated scripts to interact with the platform in unauthorized ways.
FEES & PAYMENTS
All fees are outlined in the Service Order. Payments are due in advance unless otherwise agreed in writing. Fees exclude all applicable taxes, levies, duties, or regulatory charges which are your responsibility.
INTELLECTUAL PROPERTY
Stellair exclusively owns all rights, titles, and interests in the Services, including its databases, technologies, software, enhancements, modifications, derivative works, and any related materials made available to you. No rights are transferred to you except for the license rights expressly granted in the Agreement. You may not use our name, logo, or trademarks without our prior written permission. Any intellectual property created or conceived in connection with the Agreement, including copyrights and derivative works, shall belong solely to Stellair. Any feedback or suggestions you provide may be used by Stellair without restriction or compensation.
CONFIDENTIALITY
Each party agrees to protect confidential information shared during the engagement (including, but not limited to, non-public business, technical, or financial information) and not disclose it to any third party without consent, except as required by law. Confidentiality obligations survive termination for a period of 1 (One) year.
CUSTOMER DATA
Ownership: You retain all rights to the data, content, or materials that you submit, upload, or otherwise make available to Stellair through your use of the Services (“Customer Data”). Stellair does not claim ownership of the Customer Data.
Usage: By submitting Customer Data, you grant Stellair a license to use, store, process, and transmit such data for the purpose of providing the Services and related support.
Data Security: We implement industry-standard security practices to protect Customer Data. However, you are responsible for maintaining appropriate backups of your own data. You are responsible for ensuring that the use of Customer Data provided by you complies with applicable laws, including consent for data collection or third-party disclosure.
Please refer to our Privacy Policy for more details.
TERM & TERMINATION
The Agreement will remain in effect for the duration set out in the Service Order and can be terminated in accordance with the termination provisions.
Either party will have the right to terminate for breach of Agreement by providing 30 days’ advance written notice to the other party. If the breach is not cured within the 30 days’ notice period, the Agreement will stand terminated on the 30th day.
Upon termination, your access to the Services will cease, and you must delete all copies of the software, platform and Stellair’s confidential information.
WARRANTIES & DISCLAIMERS
Stellair warrants that its Services will perform in accordance with the agreed documentation and industry standards; however, to the maximum extent permitted by law and except for the express warranties in this Agreement Stellair provides the Services on an "as-is" basis. Stellair disclaim and make no other representation, promise, assurance, undertaking or warranty of any kind, express, implied or statutory, including representations, guarantees, conditions or warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, or accuracy. While Stellair will use commercially reasonable efforts to deliver reliable performance, it does not guarantee outcomes, uptime, performance levels, or specific campaign results, which may be affected by factors beyond its control. You acknowledge that use of the Services is at your own risk.
INDEMNIFICATION & LIMITATION OF LIABILITY
You agree to defend, indemnify, and hold harmless Stellair from any claims, losses, damages, settlements, costs, expenses, or liabilities (including attorneys’ fees) arising from (a) you infringing any intellectual property used in the Services; or (b) your breach of the Agreement.
To the fullest extent permitted by law, Stellair shall not be liable for any indirect, special, incidental, consequential, or punitive damages (including lost profits or lost opportunities) arising out of or relating to the Agreement, the Services, or its performance, even if Stellair has been advised of the possibility of such damages. This includes, but is not limited to:
Variations in campaign performance due to changes in third-party platforms (e.g., algorithm changes on social media platforms, ad network policies).
Ineffectiveness of marketing campaigns due to market conditions, consumer behavior, or other external factors beyond the our control.
Failure to meet specific campaign performance targets, including but not limited to sales conversions, lead generation, click-through rates, engagement, or return on ad spend.
Our total liability for any claim is limited to the amount you paid us in the 3 (Three) months prior to the event.
Exclusions. Stellair’s obligations do not apply to claims based on (a) Customer’s modifications, or (b) combination with non-Stellair items.
MISCELLANEOUS
The Agreement is governed by the laws of the State of California. Any disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in San Mateo, CA. You may not assign or transfer the Agreement without Stellair’s written consent. No waiver of any right under the Agreement shall be deemed a continuing waiver. The Agreement shall not be construed against Stellair for having drafted or relied upon it. If any provision is deemed invalid or unenforceable, the remainder shall remain in full force to the extent permitted by law. You agree to comply with all applicable laws, including those relating to data protection, privacy, intellectual property and fair use. You agree not to use the Services in violation of any applicable export laws or regulations or to provide access to users in sanctioned jurisdictions.