Terms and Conditions

Last Updated: February 19, 2026

WhizHost ("Brand", "Service", "we", "us", or "our") is a trading name and service operated by Imre Limited ("Company"), a limited liability company registered in Hong Kong. By signing up for or using our services, you ("Client", "User", or "Customer") agree to be bound by these Terms and Conditions.

Eligibility: You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (whichever is higher), to use our services. By using our services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement. Our services are not available to residents of Hong Kong SAR. By signing up, you confirm that you are not a resident of Hong Kong SAR.

1. SERVICE DEFINITIONS

• WhizCare (Shared Hosting): A managed hosting environment where multiple websites share server resources. Resources are isolated via software limits using third-party control panel software. We maintain optimal performance by carefully limiting the number of websites per server.
• WhizPartner (Managed VPS): A reseller-focused service providing dedicated server resources managed by WhizHost, allowing the Client to host multiple websites under their own account.
• WhizCloud (Hosted Apps): Specialized hosting environments designed for web applications and AI applications such as workflow automation platforms, development environments, and AI-powered tools.
• WhizClaw (Managed AI Assistant): A managed hosting service for running a private AI assistant powered by OpenClaw (an open-source AI assistant platform). Each WhizClaw customer receives a dedicated Virtual Private Server running an isolated OpenClaw instance. WhizClaw connects to third-party messaging channels (WhatsApp, Telegram, Discord, Slack, Signal, Microsoft Teams, Web Chat) and uses customer-provided AI provider API keys ("Bring Your Own Key" / BYOK model) to power the AI capabilities. WhizHost manages the server infrastructure, security, updates, and backups - not the AI models, messaging platforms, or AI-generated outputs.

2. SCOPE OF "MANAGED SERVICES"

To maintain our competitive pricing and high-performance infrastructure, we strictly define the scope of our "Managed" support.

2.1. Included Services (What We Do)

We are responsible for the health, security, and maintenance of the underlying infrastructure:

• Server Uptime: 24/7 Monitoring via third-party systems. We respond immediately to server-wide outages.
• System Updates: Automated patching of the Operating System (OS), PHP versions, and Database engines.
• Security: Server-level firewalls, malware scanning, and DDoS protection.
• WordPress Maintenance: Automated updates for WordPress core, plugins, and themes (via third-party management software).

2.2. Excluded Services (What We Do NOT Do)

Our support is limited to Infrastructure Only. We do not provide development, debugging, or content management services. Specifically, we will not:

• Fix Broken Sites: Debug errors caused by plugin updates, theme conflicts, or custom code.
• Edit Content: Modify CSS, HTML, PHP, or JavaScript.
• Page Builders: Troubleshoot layout issues in Elementor, Divi, Bricks, or Oxygen.
• App Logic: Debug workflow automation processes, fix broken API connections, or troubleshoot runtime errors in client applications.

Requests for assistance outside this scope are considered "Custom Development" and, if accepted, will be billed at our standard hourly rate.

2.3. WhizClaw Managed Scope

For WhizClaw customers, our managed services are limited to the server and platform infrastructure:

What We Do:

• Server Management: Provisioning, maintaining, and monitoring your dedicated VPS.
• Platform Updates: Applying updates to the OpenClaw platform software running on your server.
• Security: Server-level firewalls, DDoS protection, and security patching of the operating system and platform.
• Backups: Daily backups of your server (conversations, settings, AI memories).
• Domain Management: Providing a free whiz.host subdomain or assisting with custom domain connection (DNS guidance only).

What We Do NOT Do:

• AI Model Support: We do not provide support for, troubleshoot, or take responsibility for any AI provider (OpenAI, Anthropic, Google, etc.), their API keys, billing, rate limits, content policies, or model behavior.
• AI Output Review: We do not review, moderate, or take responsibility for any content generated by your AI assistant.
• Messaging Channel Support: We do not troubleshoot issues with third-party messaging platforms (WhatsApp, Telegram, Discord, Slack, etc.), including account bans, API changes, rate limits, or disconnections.
• Custom Configurations: We do not create custom skills, workflows, or integrations for your AI assistant.
• Content Moderation: We do not moderate, filter, or police the conversations between you and your AI assistant, or between your AI assistant and third parties.

3. SERVICE UPDATES, MAINTENANCE, AND INCIDENT RESPONSE

3.1. Scheduled Maintenance

WhizHost reserves the right to perform scheduled maintenance on infrastructure, which may result in temporary service interruptions. We will attempt to provide advance notice of planned maintenance via email or dashboard notification where operationally feasible. Scheduled maintenance windows are excluded from SLA uptime calculations.

3.2. Unscheduled Downtime and Service Failures

When service failures or unscheduled downtime occurs:

• 24/7 Automated Monitoring: Our infrastructure is monitored via third-party systems that generate automated alerts.
• Incident Response: We respond immediately to server-wide outages affecting infrastructure availability.
• Scope of Response: Our incident response is limited to infrastructure and platform-level issues. We do not troubleshoot or repair issues caused by customer code, plugins, themes, or configurations.
• Customer Notification: We are not obligated to provide proactive individual customer notifications during incidents. Customers should monitor their own sites or use third-party monitoring services.
• Post-Incident Reports: We do not provide Root Cause Analysis (RCA) reports or post-mortem documentation unless explicitly agreed in writing for Enterprise customers.

3.3. Service Credits as Sole Remedy

Service credits issued under our SLA (Section 14) are your SOLE AND EXCLUSIVE remedy for service interruptions, downtime, or availability issues. We specifically disclaim any other compensation, refunds, or damages beyond the service credit calculations defined in Section 14.

3.4. Third-Party Service Dependencies

Our services rely on third-party infrastructure providers, including but not limited to cloud computing platforms, data centers, DNS providers, control panel software, and content delivery networks. While we select providers that meet high standards of reliability and security:

• We have no control over third-party network infrastructure or service availability.
• Service interruptions caused by third-party provider failures, network outages, or force majeure events affecting our providers are excluded from our SLA guarantees.
• We disclaim all liability for losses arising from third-party provider failures, including but not limited to downtime, data loss, security breaches at the provider level, or discontinuation of third-party services.

4. RESOURCE USAGE & ALLOCATIONS

4.1. WhizCare (Shared Hosting)

Single Website Limitation: Each WhizCare plan is designed and licensed for hosting ONE (1) website only. Multi-site WordPress installations, subdomains hosting separate sites, or multiple distinct websites are prohibited on WhizCare plans. Customers requiring multiple websites should upgrade to WhizPartner.

Third-Party Infrastructure: WhizCare services utilize third-party shared hosting infrastructure and control panel software. Technical specifications and underlying architecture are subject to change without notice based on our infrastructure providers' updates and improvements.

Resource Allocations: To protect all users on shared infrastructure, the following resource limits apply and are strictly enforced via our management platform:

• WhizCare Basic: 512 MB RAM per account
• WhizCare Pro: 768 MB RAM per account
• WhizCare Max: 1 GB (1024 MB) RAM per account

Additional Limits (All Plans):

• CPU usage is monitored and may be throttled if excessive usage impacts other users on shared infrastructure.
• Inode limits, database size limits, and process limits apply as defined in our Acceptable Use Policy.
• Storage, bandwidth, and visitor limits as specified in your plan tier.

Enforcement: Processes exceeding RAM allocations will be automatically terminated by the system to preserve server stability. Repeated violations or sustained excessive resource usage may result in account suspension or mandatory upgrade to a higher-tier plan.

4.2. WhizPartner (Managed VPS)

Dedicated Resources: You are provided with a dedicated Virtual Private Server (VPS) with allocated CPU, RAM, and storage resources as specified in your plan tier.

Managed vs. Non-Managed Websites: WhizPartner plans distinguish between two types of hosted websites:

4.2.1. Managed Websites (Included Allocation)

Each WhizPartner plan includes a specific number of MANAGED websites:

• Launch Plan: 3 managed websites included
• Growth Plan: 3 managed websites included
• Scale Plan: 3 managed websites included

For these managed websites, WhizHost provides:

• WordPress core, plugin, and theme updates (automated via third-party management software)
• Server-level security monitoring and malware scanning
• Granular backup management (daily backups via third-party backup management software)
• Infrastructure monitoring and incident response
• Platform optimization and performance tuning

Additional Managed Websites: You may add managed websites beyond your plan's included allocation for an additional $5 per website per month.

4.2.2. Non-Managed Websites (Unlimited)

You may host UNLIMITED additional websites on your WhizPartner VPS on a NON-MANAGED basis at no additional charge, subject to available server resources.

For non-managed websites, the Customer is SOLELY responsible for:

• All WordPress, plugin, and theme updates
• Website-level security measures and malware removal
• Application-level backups (site-specific backup solutions)
• Website debugging, performance optimization, and troubleshooting
• All content management and development

What We Still Provide for Non-Managed Sites:

• Server-level infrastructure (OS updates, server security, hardware maintenance)
• VPS-level backups (full server backups per Section 6.2 - but NOT granular site restores)
• Network availability and uptime per our SLA

4.2.3. Infrastructure

• Third-Party Provisioning: VPS services are provisioned on third-party cloud infrastructure. Specific providers and hardware specifications are subject to change based on availability, performance, and business requirements.
• Resource Limits: Total resource consumption (CPU, RAM, disk I/O) across ALL websites (managed and non-managed combined) must not exceed your allocated VPS resources. Excessive resource usage may require upgrading to a higher-tier plan.

4.3. WhizCloud (Hosted Apps)

• Workflow Automation Isolation: To protect IP reputation, workflow automation instances are hosted on Dedicated VPS environments with a dedicated IP address.
  • Prohibited Use: Use of workflow automation tools for unsolicited mass mailing (SPAM), aggressive scraping, or abusive API activity is strictly prohibited and will result in immediate termination.
• Development and AI Platform Applications: These applications are hosted on shared hosting infrastructure. We reserve the right to limit CPU usage and resources to prevent performance degradation for other users on the shared environment.

4.4. WhizClaw (Managed AI Assistant)

Dedicated Server: Each WhizClaw subscription includes a dedicated VPS allocated solely to your AI assistant instance. Server specifications (CPU, RAM, storage) are determined by WhizHost based on the requirements of the OpenClaw platform and are subject to change as the platform evolves.

Single Instance Limitation: Each WhizClaw subscription is for ONE (1) OpenClaw instance only. Running additional applications, websites, or services on your WhizClaw server is prohibited.

Fair Use: While your server is dedicated, WhizClaw is designed for personal and small-team AI assistant use. The following are considered abuse and may result in suspension:

• Using your AI assistant to operate automated services for third parties at scale
• Running operations that consume excessive bandwidth or disk I/O beyond normal AI assistant usage (e.g., bulk file processing, scraping at scale)
• Reselling or sublicensing access to your WhizClaw instance to others

No Direct Server Access: You do not receive root, SSH, or direct server access. All interaction with your WhizClaw instance is through the provided dashboard, messaging channels, and web chat interface.

5. WEBSITE MIGRATION SERVICES

5.1. Migration as Courtesy Service

Website migrations are provided as a COURTESY SERVICE on a BEST-EFFORT BASIS. WhizHost makes NO GUARANTEES OR WARRANTIES regarding:

• The availability or possibility of migration from your previous host
• The time required to complete a migration
• The compatibility of your website with our infrastructure
• The functionality of your website after migration
• The completeness or accuracy of migrated content

5.2. Customer Responsibilities - Pre-Migration

Before requesting migration services, you are SOLELY RESPONSIBLE for:

• Creating Complete Backups: Maintain independent backup copies of all website files, databases, emails, and configurations from your current hosting provider.
• Verifying Access: Ensuring you have administrative access credentials (cPanel, FTP, database, domain registrar) for your current hosting account.
• Testing Compatibility: Understanding your website's technical requirements (PHP version, database version, server extensions).
• Domain Control: Retaining control of your domain name registration and DNS management.

5.3. Legacy Software and Compatibility

End-of-Life (EOL) PHP Versions: Many legacy websites run on outdated PHP versions (e.g., PHP 5.6, 7.0, 7.1, 7.2, 7.3, 7.4) that have reached End-of-Life status. These versions:

• No longer receive security patches from PHP maintainers, exposing your website to unpatched vulnerabilities.
• May be incompatible with our infrastructure, which runs current, supported PHP versions for security reasons.
• Will require code updates before migration can succeed.

Compatibility Assessment: As part of migration services, we will perform a BASIC compatibility check to identify:

• Current PHP version your site requires
• Whether that version is supported on our infrastructure
• Any obvious incompatibilities with our platform

Migration Outcomes for EOL Software:

1. If your site requires an unsupported PHP version, we will inform you and migration will NOT proceed until:
   • You upgrade your website code to a supported PHP version (PHP 8.1, 8.2, or 8.3 as of 2025), OR
   • You hire a developer to perform compatibility updates, OR
   • You accept our Extended Migration Services (see 5.5 below)
2. We will NOT:
   • Debug or fix code compatibility issues in your themes, plugins, or custom code
   • Modify your website code to work with newer PHP versions
   • Guarantee that legacy applications will function on modern infrastructure
   • Provide ongoing support for websites running outdated software

Security Disclaimer: Operating websites on End-of-Life PHP versions exposes you to significant security risks. WhizHost STRONGLY RECOMMENDS upgrading all legacy software before migration. You assume ALL LIABILITY for security breaches, data loss, or malware infections resulting from running outdated software.

5.4. Migration Limitations and Exclusions

Best-Effort Scope: Standard migration services include ONLY:

• Transfer of website files via FTP, cPanel backup, or similar standard methods
• Export and import of MySQL/MariaDB databases
• Basic WordPress migration (files + database)
• DNS guidance (we do not change DNS on your behalf)

Explicitly EXCLUDED from Migration Services:

• Email migration (you must migrate emails separately or use IMAP)
• Custom application configuration (web applications, custom scripts, cron jobs)
• Third-party service integrations (APIs, payment gateways, CDNs)
• SSL certificate installation (you must provide certificates or purchase separately)
• Domain transfers (you retain responsibility for domain registrar)
• Testing and quality assurance of migrated content
• Troubleshooting post-migration functionality issues
• Data from proprietary hosting platforms that don't provide standard export methods

Hosting Platform Incompatibilities: Each hosting company configures servers differently. Some platforms save data in incompatible or proprietary formats. If your current host uses non-standard configurations, migration may be impossible or incomplete.

5.5. Extended Migration Services

If your migration requires additional work beyond basic best-effort migration (e.g., legacy PHP code updates, complex application migrations, custom configurations), these services are available as CUSTOM DEVELOPMENT at our standard hourly rate.

Extended services are subject to:

• Separate written agreement and scope definition
• Prepayment or deposit requirements
• No guarantee of success - billed for time spent regardless of outcome
• Separate timeline from standard hosting services

5.6. Post-Migration Customer Responsibilities

After migration is completed, you are SOLELY RESPONSIBLE for:

• Testing Functionality: Verifying that all website features, forms, checkout processes, and integrations function correctly.
• Content Verification: Confirming all pages, images, files, and database records migrated accurately.
• DNS Changes: Updating DNS records to point to our servers (we provide guidance but do not make changes).
• Final Approval: Providing explicit approval before DNS cutover or old hosting cancellation.

5.7. Migration Liability Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Customer assumes FULL RESPONSIBILITY for any and all loss or damage arising from migration.
• WhizHost is NOT LIABLE for data loss, corrupted files, incomplete migrations, downtime, lost revenue, or any other damages resulting from migration services.
• Customer WAIVES all claims against WhizHost related to migration services.
• Migration is performed "AS IS" without warranty of any kind.

Post-Termination Migration: If you terminate services with WhizHost, you are solely responsible for migrating your website to a new provider BEFORE termination. We will NOT transfer or FTP your website content to another provider after account termination.

6. BACKUPS & DATA RETENTION

WhizHost utilizes a hybrid backup strategy. While we take every precaution to secure data, the Client is ultimately responsible for maintaining their own local backups.

6.1. WordPress Sites (WhizCare & WhizPartner)

• Technology: We utilize third-party backup management software for granular file and database backups.
• Retention Policy: Backup retention periods vary by plan tier. Refer to your plan's feature specifications for details.
• Restoration: Restoration is available upon request or via self-service tools where applicable.

6.2. Hosted Apps (WhizCloud)

• Technology: We utilize third-party server backup services (Full Server Images).
• Retention Policy: Backups are retained for a rolling period of 7 days.
• Limitation: These are full-server backups. Restoring a single file requires rolling back the entire server state to a previous point in time.

6.3. WhizClaw (Managed AI Assistant)

• Technology: We utilize third-party server backup services (Full Server Images) for your dedicated WhizClaw VPS.
• Retention Policy: Backups are retained for a rolling period of 7 days.
• Scope: Backups include the OpenClaw platform data (conversations, AI memories, settings, uploaded files). Backups do NOT include your third-party AI provider API keys, which you must retain independently.
• Limitation: These are full-server backups. Restoring requires rolling back the entire server state. Selective restoration of individual conversations or files is not guaranteed.
• AI Provider Data: Data stored by your third-party AI providers (OpenAI, Anthropic, Google, etc.) as a result of API calls from your WhizClaw instance is NOT part of our backups and is subject to each provider's own data retention policies.

6.4. Liability

WhizHost is not liable for data loss resulting from corrupted backup files, failure of third-party providers, or accidental deletion by the User.

7. BILLING, TAXES, AND REFUNDS

7.1. Entity & Jurisdiction

All billing is processed by Imre Limited, a company registered in Hong Kong.

7.2. Taxes

• Customer Responsibility: You are solely responsible for determining and paying any applicable taxes, duties, tariffs, or other governmental charges related to your use of our services.
• Tax Compliance: You must comply with all tax obligations in your jurisdiction, including any requirements to self-assess, report, or remit taxes to your local tax authorities.

7.3. Payments & Fees

• Currency: All services are billed in US Dollars (USD).
• Payment Processor: Payments are processed via Stripe. We are not responsible for foreign transaction fees or exchange rates applied by your bank or card issuer.

7.4. Refund Policy

• No Refunds: All services, once purchased, are non-refundable. This includes all WhizCare, WhizPartner, WhizCloud, and WhizClaw plans, as well as domain names, setup fees, and migration fees.
• WhizClaw Setup Fee: The one-time setup fee for WhizClaw monthly plans covers server provisioning and initial configuration. This fee is non-refundable regardless of when cancellation occurs.
• WhizClaw Annual Plans: Annual subscriptions are billed upfront for the full year. No partial refunds are provided for early cancellation. After cancellation, your WhizClaw server remains active until the end of the paid billing period.
• Third-Party AI Costs: Charges incurred through your third-party AI provider accounts (OpenAI, Anthropic, Google, etc.) are between you and those providers. WhizHost does not refund, credit, or compensate for any third-party AI provider charges under any circumstances.

7.5. Auto-Renewal and Cancellation

• Automatic Renewal: All subscription plans (WhizCare, WhizPartner, WhizCloud, and WhizClaw) are recurring subscriptions that automatically renew at the end of each billing period (monthly or annual) unless cancelled before the renewal date.
• Cancellation Process: Subscriptions can be cancelled at any time through the Stripe billing portal. A link to the billing portal is available on our website.
• Effect of Cancellation: Upon cancellation, the service remains active until the end of the current paid billing period. No prorated refunds are issued for unused time within a billing period.

7.6. Price Changes

WhizHost reserves the right to change subscription pricing. For price increases:

• Monthly Plans: We will provide at least thirty (30) days' written notice via email before the new price takes effect. The next billing cycle after the notice period will be charged at the new rate.
• Annual Plans: Price changes will not apply until the current annual term expires and the subscription renews.
• Right to Cancel: If you do not agree with a price change, you may cancel your subscription before the new price takes effect.

8. ACCEPTABLE USE POLICY (AUP)

You agree not to use our services for:

1. Hosting illegal content, malware, phishing sites, or pirated software.
2. Sending unsolicited email (SPAM) or hosting spam-related tools.
3. Hosting adult content (pornography).
4. Running resource-intensive scripts unrelated to web hosting (e.g., crypto mining, stress testers, botnets).

8.1. WhizClaw-Specific Prohibited Uses

In addition to the above, WhizClaw customers agree NOT to use their AI assistant for:

1. Spam and Unsolicited Messaging: Sending unsolicited messages, mass messaging, or automated outreach through any connected messaging channel (WhatsApp, Telegram, Discord, Slack, etc.).
2. Impersonation and Fraud: Operating the AI assistant in a way that deceives others into believing they are communicating with a real person, particularly for fraudulent or harmful purposes.
3. Circumventing AI Safety: Attempting to bypass, disable, or circumvent safety filters, content policies, or usage restrictions imposed by your AI provider (OpenAI, Anthropic, Google, etc.).
4. Generating Harmful Content: Using the AI assistant to generate content that is illegal, defamatory, threatening, harassing, or that violates the rights of others.
5. Violating Messaging Platform Terms: Using the AI assistant in a way that violates the Terms of Service of any connected messaging platform. You are solely responsible for compliance with WhatsApp, Telegram, Discord, Slack, Signal, and Microsoft Teams usage policies.
6. Automated Attacks: Using the AI assistant's web browsing, file management, or task execution capabilities to conduct attacks, unauthorized access, vulnerability scanning, or any form of malicious activity against third-party systems.
7. Unauthorized Data Collection: Using the AI assistant to collect, scrape, or harvest personal data of third parties without proper consent or legal basis.

WhizHost reserves the right to suspend or terminate any account found in violation of this AUP without refund.

9. BRING YOUR OWN KEY (BYOK) / THIRD-PARTY AI SERVICES

This section applies specifically to WhizClaw customers who connect third-party AI provider API keys.

9.1. Customer Responsibility for API Keys

You are solely responsible for:

• Obtaining and maintaining valid API keys from your chosen AI provider(s) (OpenAI, Anthropic, Google, Groq, Mistral, xAI, OpenRouter, or others).
• Securing your API keys. WhizHost stores your keys on your dedicated server for the sole purpose of operating your WhizClaw instance. You must not share your API keys with unauthorized parties.
• Monitoring your API usage and costs with each provider. WhizHost has no visibility into or control over your AI provider billing.
• Complying with the Terms of Service, Usage Policies, and Acceptable Use Policies of each AI provider whose API key you connect.

9.2. No Liability for AI Provider Services

WhizHost is NOT an AI provider and does NOT resell AI services. We provide the hosting infrastructure only. Accordingly:

• We make NO guarantees about the availability, performance, accuracy, or reliability of any third-party AI provider.
• We are NOT liable for any charges, overages, billing disputes, or financial losses related to your AI provider accounts.
• We are NOT liable for changes to AI provider pricing, API deprecations, rate limit changes, model removals, or policy changes by any AI provider.
• We are NOT responsible for any interruption to your WhizClaw service caused by your AI provider's outage, API key revocation, account suspension, or billing failure.
• If an AI provider discontinues a model or service that your WhizClaw instance depends on, it is your responsibility to switch to an alternative.

9.3. No Markup Guarantee

WhizHost does not mark up, resell, or proxy AI provider services. You pay your AI providers directly at their published rates. We do not receive commissions, referral fees, or any financial benefit from your AI provider usage.

9.4. API Key Handling

Your API keys are stored on your dedicated WhizClaw server. WhizHost personnel may have access to your server for maintenance purposes (see Section 12). While we implement reasonable security measures to protect stored credentials, you acknowledge that:

• No security measure is infallible.
• You should regularly rotate your API keys as a security best practice.
• In the event of a security incident affecting your server, you are responsible for immediately revoking and replacing any API keys stored on it.
• WhizHost is not liable for unauthorized use of your API keys except in cases of our intentional misconduct or gross negligence.

10. AI-GENERATED CONTENT AND OUTPUT

10.1. No Guarantee of Accuracy

WhizClaw uses third-party AI models to generate responses, perform tasks, browse the web, manage files, and take autonomous actions. WhizHost makes ABSOLUTELY NO guarantees or warranties regarding:

• The accuracy, completeness, or reliability of any AI-generated content or output.
• The suitability of AI-generated content for any particular purpose (legal, medical, financial, professional, or otherwise).
• The factual correctness of information retrieved or summarized by the AI assistant.
• The quality or appropriateness of any files created, modified, or managed by the AI assistant.

10.2. Customer Responsibility for AI Output

You are SOLELY RESPONSIBLE for:

• Reviewing and verifying all AI-generated content before relying on it or sharing it with others.
• Any decisions made based on AI-generated content, recommendations, or analysis.
• Any consequences arising from actions taken by your AI assistant, including autonomous web browsing, file management, and task execution.
• Ensuring that AI-generated content you distribute does not infringe on third-party intellectual property rights, violate applicable laws, or constitute defamation, fraud, or misrepresentation.

10.3. AI Limitations Acknowledgment

You acknowledge and agree that:

• AI models can and do produce inaccurate, misleading, biased, or completely fabricated information ("hallucinations").
• AI models may generate content that is offensive, inappropriate, or harmful despite safety measures.
• AI behavior can change without notice when AI providers update their models.
• WhizHost has no control over how AI models process your inputs or generate outputs.
• The AI assistant's autonomous capabilities (web browsing, file management, task execution) carry inherent risks. You accept full responsibility for enabling and using these features.

10.4. Intellectual Property

• Your Input: You retain ownership of all content you provide to your AI assistant.
• AI Output: Ownership of AI-generated content is subject to the terms of your AI provider (OpenAI, Anthropic, Google, etc.). WhizHost claims no ownership of content generated by your AI assistant.
• OpenClaw Platform: The OpenClaw platform software is open-source and subject to its own license terms. WhizHost's service covers managed hosting of the platform, not a license to the software itself.

10.5. No Professional Advice

AI-generated content does NOT constitute professional advice of any kind. You must not rely on your AI assistant for legal, medical, financial, tax, or other professional advice. Always consult a qualified professional for such matters.

11. MESSAGING CHANNEL INTEGRATIONS

11.1. Third-Party Messaging Platforms

WhizClaw connects to third-party messaging platforms including WhatsApp, Telegram, Discord, Slack, Signal, Microsoft Teams, and others. These platforms are owned and operated by third parties. WhizHost:

• Is NOT affiliated with, endorsed by, or a partner of Meta (WhatsApp), Telegram, Discord, Salesforce (Slack), Signal Foundation, or Microsoft.
• Does NOT guarantee continued compatibility with any messaging platform. Platform API changes, policy updates, or access restrictions may disrupt or permanently disable specific channel integrations.
• Is NOT liable for any messaging platform banning, suspending, or restricting your account as a result of using an AI assistant through their platform.

11.2. WhatsApp-Specific Terms

WhizClaw connects to WhatsApp via QR code scanning (similar to WhatsApp Web), NOT through the official WhatsApp Business API. You acknowledge that:

• This connection method is subject to WhatsApp's Terms of Service. WhatsApp may restrict or disable this access at any time.
• WhizHost does NOT guarantee uninterrupted WhatsApp connectivity. Disconnections may occur and require re-scanning the QR code.
• You are responsible for ensuring your use of WhatsApp through WhizClaw complies with WhatsApp's Terms of Service and applicable laws.
• WhizHost is NOT liable if Meta/WhatsApp bans your account or restricts your access due to AI assistant usage.

11.3. Customer Responsibility for Channel Compliance

You are solely responsible for:

• Reading and complying with the Terms of Service of every messaging platform you connect to your WhizClaw instance.
• Ensuring your AI assistant's behavior on each platform complies with that platform's rules (including rules about automated messaging, bot usage, and spam).
• Any consequences of violations, including account bans, legal action by platform operators, or loss of access.

11.4. Channel Availability

WhizHost does not guarantee that any specific messaging channel integration will remain available. Channel integrations depend on third-party APIs and platform policies that are outside our control. We may add or remove supported channels at any time.

12. WHIZCLAW DATA AND PRIVACY

12.1. Data Location and Privacy

Your WhizClaw instance runs on a dedicated server. Your conversations, AI memories, uploaded files, and settings are stored on that server. WhizHost does NOT routinely access, read, monitor, or analyze your conversations or data.

12.2. Server Access for Maintenance

You acknowledge that WhizHost personnel have server-level access to your dedicated VPS for the purpose of:

• Applying system updates and security patches
• Performing backups
• Diagnosing and resolving infrastructure issues
• Responding to security incidents
• Enforcing these Terms and the Acceptable Use Policy

This access is limited to infrastructure maintenance and does not constitute monitoring, reading, or analyzing your conversations or personal data. However, in the course of troubleshooting or enforcing our AUP, WhizHost personnel may inadvertently encounter stored data.

12.3. Data Processing

WhizHost processes your data only as necessary to provide the WhizClaw service. We do NOT:

• Use your conversations or data to train AI models.
• Sell, share, or license your data to third parties.
• Analyze your conversations for advertising or marketing purposes.

12.4. Third-Party Data Processing

When you use your WhizClaw instance, your inputs and the AI's outputs are transmitted to your chosen AI provider(s) via their APIs. This data processing is governed by YOUR agreement with each AI provider, NOT by WhizHost. You should review each AI provider's privacy policy and data usage terms to understand how they handle your data, including whether they use your data for model training.

12.5. Account Termination and Data Deletion

Upon termination of your WhizClaw subscription (whether by cancellation or for cause):

• Your server will remain active until the end of your paid billing period.
• After your billing period ends, your server and ALL data on it (conversations, files, memories, settings) will be permanently deleted within thirty (30) days.
• WhizHost is NOT responsible for exporting, transferring, or preserving your data after termination. You are solely responsible for exporting any data you wish to retain before your service ends.
• Backup copies of your server data will be purged according to our standard backup retention schedule (rolling 7-day retention).

13. LIMITATION OF LIABILITY

13.1. Consequential Damages Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMRE LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

13.2. Specific Commercial Exclusions (Paid Ads Waiver)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IMRE LIMITED SPECIFICALLY DISCLAIMS ANY LIABILITY FOR DAMAGES ARISING FROM:

1. MARKETING EXPENDITURES: WE ARE NOT LIABLE FOR ANY WASTED ADVERTISING BUDGET, PAID TRAFFIC COSTS (INCLUDING BUT NOT LIMITED TO FACEBOOK ADS, GOOGLE ADS, LINKEDIN ADS, TIKTOK ADS), INFLUENCER FEES, OR PROMOTIONAL CAMPAIGN LOSSES INCURRED DURING PERIODS OF DOWNTIME OR SERVICE UNAVAILABILITY.
2. LOST REVENUE: ANY LOSS OF SALES, LEADS, OR PROJECTED PROFITS DURING A SERVICE OUTAGE.
3. THIRD-PARTY FAILURES: LOSSES CAUSED BY THE FAILURE OF INTEGRATED THIRD-PARTY SERVICES (E.G., PAYMENT GATEWAYS, API CONNECTIONS) DURING DOWNTIME.

13.3. WhizClaw-Specific Liability Exclusions

IN ADDITION TO THE GENERAL EXCLUSIONS ABOVE, IMRE LIMITED SPECIFICALLY DISCLAIMS ANY LIABILITY FOR:

1. AI-GENERATED CONTENT: ANY LOSS, DAMAGE, OR LIABILITY ARISING FROM CONTENT GENERATED BY YOUR AI ASSISTANT, INCLUDING INACCURATE INFORMATION, DEFAMATORY STATEMENTS, INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER HARMFUL OUTPUT.
2. AI PROVIDER FAILURES: ANY LOSS ARISING FROM THE UNAVAILABILITY, MALFUNCTION, OR DISCONTINUATION OF THIRD-PARTY AI PROVIDER SERVICES (OPENAI, ANTHROPIC, GOOGLE, ETC.).
3. AI PROVIDER COSTS: ANY CHARGES, OVERAGES, OR BILLING DISPUTES WITH YOUR THIRD-PARTY AI PROVIDERS.
4. MESSAGING CHANNEL DISRUPTIONS: ANY LOSS ARISING FROM DISCONNECTION, SUSPENSION, OR BANNING FROM THIRD-PARTY MESSAGING PLATFORMS (WHATSAPP, TELEGRAM, DISCORD, SLACK, ETC.).
5. AUTONOMOUS AI ACTIONS: ANY LOSS OR DAMAGE CAUSED BY ACTIONS YOUR AI ASSISTANT TAKES AUTONOMOUSLY, INCLUDING WEB BROWSING, FILE MANAGEMENT, AND TASK EXECUTION.
6. API KEY COMPROMISE: ANY LOSS ARISING FROM UNAUTHORIZED USE OF YOUR AI PROVIDER API KEYS, EXCEPT WHERE CAUSED BY OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.

13.4. Liability Cap

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE PRORATED AMOUNT PAID BY YOU TO US FOR THE DURATION OF THE DOWNTIME THAT GAVE RISE TO THE CLAIM.

This liability cap applies regardless of:

• The legal theory of liability (contract, tort, negligence, strict liability, or otherwise)
• Whether WhizHost has been advised of the possibility of such damages
• The number of claims or incidents
• Whether remedies fail of their essential purpose

Exceptions: This liability cap does NOT apply to:

• WhizHost's intentional fraud or willful misconduct
• Death or personal injury caused by our negligence (as required by Hong Kong law)
• Our obligations to indemnify you for third-party claims arising from our breach of confidentiality

13.5. Indemnification

You agree to indemnify, defend, and hold harmless Imre Limited, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the services, including any content you create, transmit, or store
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights
• For WhizClaw customers: any actions taken by your AI assistant, any AI-generated content you distribute, any violations of messaging platform terms, and any misuse of third-party AI provider services
• Your failure to comply with the Acceptable Use Policy

This indemnification obligation survives termination of your account and these Terms.

14. SERVICE LEVEL AGREEMENT (SLA)

14.1. Uptime Guarantee

We target 99.9% uptime for our services in any given monthly billing cycle, subject to the availability of our third-party infrastructure providers (including but not limited to Vultr and other hosting providers). Our uptime is limited by and dependent upon the SLA guarantees provided by our upstream infrastructure providers.

14.2. SLA Credit Calculation

If we fail to meet this guarantee, you are eligible for a Service Credit calculated as a percentage of your Monthly Hosting Fee for the affected service:

14.3. Credit Terms & Limitations

• Maximum Credit: The maximum credit applied in any single month shall not exceed 100% of your monthly hosting fee.
• Request Required: Credits are not automatic. You must submit a request via a support ticket within seven (7) days of the outage incident.
• Customer Balance: Approved credits will be applied to your Customer Balance in Stripe and used automatically to reduce your next monthly invoice. Credits are not refundable as cash or bank transfers.
• Exclusions: Scheduled maintenance, force majeure events, and downtime caused by client error (e.g., custom code, exceeding resource limits) are excluded from this SLA.

14.4. WhizClaw SLA Scope

For WhizClaw services, the SLA covers server infrastructure availability only - meaning whether your dedicated VPS is running and accessible. The SLA does NOT cover:

• Downtime caused by third-party AI provider outages or API failures
• Messaging channel disconnections or platform outages (WhatsApp, Telegram, Discord, etc.)
• Service degradation caused by AI model changes, rate limiting, or content policy updates
• Issues caused by invalid, expired, or rate-limited API keys

14.5. Warranty Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THIS SLA, ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IMRE LIMITED SPECIFICALLY DISCLAIMS:

• IMPLIED WARRANTIES: All implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
• Accuracy and Reliability: That services will be error-free, uninterrupted, secure, or completely reliable.
• Data Integrity: That data storage or transmission will be secure, accurate, or free from loss or corruption.
• Third-Party Services: Any warranties related to third-party software, services, or infrastructure we utilize.
• Results: That use of our services will meet your requirements or expectations.

Jurisdictional Note: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Customer Acknowledgment: You acknowledge that:

• You use our services AT YOUR OWN DISCRETION AND RISK.
• You are SOLELY RESPONSIBLE for determining the suitability of our services for your needs.
• You should maintain independent backups, redundancy, and disaster recovery plans appropriate to your business requirements.

15. GOVERNING LAW

These Terms shall be governed by and defined following the laws of Hong Kong. Imre Limited and yourself irrevocably consent that the courts of Hong Kong shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

16. FORCE MAJEURE

16.1. Force Majeure Events

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from Force Majeure Events beyond its reasonable control, including but not limited to:

• Natural disasters: Earthquakes, floods, typhoons, hurricanes, tsunamis, fires
• Infrastructure failures: Telecommunications network failures, internet backbone outages, power grid failures, utility disruptions (when caused by external providers)
• Cyberattacks and security incidents: Distributed Denial of Service (DDoS) attacks, coordinated hacking attempts, ransomware attacks, or other malicious cyber activities (provided WhizHost has implemented reasonable security measures)
• Government actions: Laws, regulations, orders, embargoes, sanctions, or governmental restrictions
• Conflict and civil unrest: War, invasion, terrorism, riots, civil disorder
• Third-party provider failures: Data center outages, cloud provider failures, DNS provider disruptions, or critical infrastructure failures of our upstream service providers

16.2. Limitations on Force Majeure Protection

Force Majeure does NOT excuse performance where:

• The event was caused by the party's own negligence, willful misconduct, or failure to implement reasonable safeguards
• The party failed to take reasonable steps to mitigate the effects of the Force Majeure event
• The event was reasonably foreseeable and preventable through standard industry precautions

16.3. Notification and Mitigation Obligations

If a Force Majeure event occurs:

• WhizHost will: Notify affected customers as soon as reasonably practicable, provide updates on restoration efforts where feasible, and take all reasonable commercial efforts to mitigate the impact and restore services.
• Performance Extension: The affected party's performance obligations will be suspended for the duration of the Force Majeure event plus a reasonable recovery period.

16.4. Termination Rights

If a Force Majeure event prevents performance for more than thirty (30) consecutive days, either party may terminate the affected services upon written notice without liability, except for payment obligations for services already rendered.

17. CHANGES TO TERMS

17.1. Modification Rights

WhizHost reserves the right to modify these Terms at any time.

17.2. Notice of Changes

• Material Changes: For changes that materially affect your rights or obligations (including price increases, reduction of services, or changes to liability provisions), we will provide at least thirty (30) days' written notice via email before the changes take effect.
• Non-Material Changes: For minor corrections, clarifications, or formatting changes, we may update the Terms without advance notice. The "Last Updated" date at the top of this document will reflect the most recent revision.

17.3. Acceptance of Changes

Continued use of our services after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree with the changes, you must cancel your subscription and stop using the services before the changes take effect.

18. TERMINATION

18.1. Termination by Customer

You may cancel your subscription at any time through the Stripe billing portal. Upon cancellation:

• Your services remain active until the end of your current paid billing period.
• No prorated refunds are provided for unused time.
• You are responsible for exporting any data, files, or content you wish to retain before the end of your billing period.

18.2. Termination by WhizHost

WhizHost may suspend or terminate your account, with or without notice, for any of the following reasons:

• Violation of these Terms or the Acceptable Use Policy (Section 8)
• Non-payment or failed payment after reasonable attempts to collect
• Upon request by law enforcement or government agencies
• If providing the service becomes commercially impractical, unlawful, or technically infeasible

18.3. Termination for Convenience

WhizHost may discontinue any service or product with at least sixty (60) days' written notice via email. In such cases, WhizHost will provide a prorated refund for any prepaid period remaining after the discontinuation date.

18.4. Effect of Termination

Upon termination (regardless of reason):

• All rights granted to you under these Terms immediately cease.
• Outstanding payment obligations remain due and payable.
• Sections that by their nature should survive termination will survive, including but not limited to: Limitation of Liability (Section 13), Indemnification (Section 13.5), Governing Law (Section 15), and any accrued payment obligations.

18.5. Data After Termination

• WhizCare and WhizPartner: Website files, databases, and email data will be deleted within thirty (30) days after the end of your billing period. You are solely responsible for migrating your website before termination.
• WhizCloud: Application data will be deleted within thirty (30) days after the end of your billing period.
• WhizClaw: See Section 12.5 for WhizClaw-specific data deletion terms.

19. GENERAL PROVISIONS

19.1. Account Security and Credentials

You are solely responsible for:

• Maintaining the security of any credentials provided to you, including hosting panel passwords, WordPress admin passwords, and billing portal access.
• All activity that occurs under your account or using your credentials.
• Promptly notifying WhizHost at [email protected] if you suspect unauthorized access to your account or services.

WhizHost is not liable for any loss or damage arising from unauthorized access to your services caused by failure to safeguard credentials.

19.2. Contact Information

For legal notices, questions about these Terms, or to report violations:

• Email: [email protected]
• Company: Imre Limited, Hong Kong

Legal notices sent to WhizHost are effective upon confirmed receipt. Notices sent to customers are effective when sent to the email address associated with the customer's Stripe account.

19.3. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

19.4. Entire Agreement

These Terms, together with our Privacy Policy and any plan-specific terms presented during checkout, constitute the entire agreement between you and WhizHost regarding the use of our services. These Terms supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.