By accessing or using the Waikforce platform and services (the "Service"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
If you do not agree to these Terms, do not use the Service.
Waikforce, Inc. ("Waikforce," "we," "us," or "our") is a Delaware corporation that provides AI-powered workforce agent services through its platform. The Service includes access to AI agent personas, automation workflows, and related tools made available on a subscription or usage basis.
All data, content, and information you submit, upload, or process through the Service ("Customer Data") remains your property. Waikforce does not own, sell, license, or claim any proprietary interest in your Customer Data. We process Customer Data solely to provide and improve the Service as described in our Privacy Policy.
If your use of the Service involves the processing of personal data subject to applicable privacy laws — including but not limited to the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the California Consumer Privacy Act ("CCPA"), or other applicable data protection laws — you are solely responsible for ensuring that your collection, use, and processing of such data complies with all applicable legal requirements.
Waikforce acts as a data processor only to the extent expressly agreed in a separate Data Processing Addendum ("DPA"). Customers who process personal data of EU or UK data subjects through the Service are required to execute a DPA with Waikforce prior to such processing. Contact contact@waikforce.com to request a DPA.
Waikforce does not assume the role of data controller for your Customer Data. You remain solely responsible for:
Nothing in these Terms constitutes legal advice. We recommend that you consult qualified legal counsel to determine your obligations under applicable data protection laws.
You are solely responsible for ensuring that your use of the Service complies with all laws, regulations, and industry standards applicable to your business, including but not limited to data privacy regulations, sector-specific requirements (HIPAA, FINRA, SOX, PCI DSS), export control laws, and employment laws.
You may not use the Service:
The Service provides access to AI agent personas ("Agents") powered by large language models and related AI technologies. Agents are artificial intelligence systems, not human employees. Waikforce makes reasonable efforts to ensure Agents disclose their AI nature when interacting with end users, consistent with applicable transparency requirements.
Waikforce provides Agents with the expectation that Customers will deploy and use them in compliance with all applicable AI regulations, including but not limited to:
EU AI Act (Regulation (EU) 2024/1689). If you deploy Agents in the European Union or in connection with EU-based individuals, you are responsible for:
Other AI Regulations. You are responsible for monitoring and complying with any additional national or sectoral AI regulations applicable to your jurisdiction and use case.
If you intend to deploy Agents in connection with use cases that may qualify as high-risk under the EU AI Act or equivalent frameworks — including but not limited to employment screening, credit assessment, access to essential services, or educational evaluation — you must conduct your own legal and compliance review prior to deployment. Waikforce does not make representations that the Service is pre-certified or pre-cleared for any high-risk AI application category.
You acknowledge that AI Agents may produce inaccurate, incomplete, or unexpected outputs. You are responsible for implementing appropriate human oversight mechanisms and for any decisions made in reliance on Agent outputs. Waikforce is not liable for decisions you make based on Agent outputs.
All rights, title, and interest in and to the Service, including all software, interfaces, Agent designs, documentation, and underlying technology, are owned exclusively by Waikforce. These Terms do not grant you any ownership rights in the Service.
Subject to your compliance with these Terms and payment of applicable fees, Waikforce grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the applicable subscription term.
If you provide feedback, suggestions, or ideas about the Service, you grant Waikforce a perpetual, irrevocable, royalty-free right to use such feedback for any purpose without obligation to you.
Fees for the Service are set forth in your applicable order form or subscription agreement. Waikforce reserves the right to modify pricing on reasonable advance notice. All fees are non-refundable except as expressly provided herein or required by applicable law.
Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential, and to use such information only to fulfill obligations under these Terms.
Waikforce warrants that the Service will perform materially in accordance with its documentation under normal use and circumstances.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WAIKFORCE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WAIKFORCE DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT AI AGENT OUTPUTS WILL BE ACCURATE OR COMPLETE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WAIKFORCE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF WAIKFORCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WAIKFORCE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO WAIKFORCE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
You agree to indemnify, defend, and hold harmless Waikforce and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your Customer Data; (c) your violation of any third-party rights; or (d) your failure to comply with applicable laws or regulations, including data protection and AI regulations.
These Terms are effective upon your first use of the Service and continue until terminated.
Either party may terminate these Terms: (a) upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of written notice; or (b) immediately if the other party becomes insolvent or makes an assignment for the benefit of creditors.
Waikforce may suspend or terminate your access to the Service immediately if you violate Section 4.2 (Prohibited Uses) or Section 5 (AI Regulations).
Upon termination: (a) your license to use the Service immediately ends; (b) you may export your Customer Data for a period of thirty (30) days following termination, after which Waikforce will delete or anonymize Customer Data in accordance with its data retention policies; and (c) provisions that by their nature should survive termination will survive.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois, and both parties consent to personal jurisdiction in such courts.
Entire Agreement. These Terms, together with any applicable order forms, DPA, and the Privacy Policy, constitute the entire agreement between you and Waikforce regarding the Service and supersede all prior agreements.
Modification. Waikforce may update these Terms from time to time. We will provide reasonable notice of material changes. Continued use of the Service after the effective date of revised Terms constitutes acceptance.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
Waiver. Failure to enforce any provision is not a waiver of future enforcement rights.
Assignment. You may not assign these Terms without Waikforce's prior written consent. Waikforce may assign these Terms in connection with a merger, acquisition, or sale of assets.
Notices. Legal notices to Waikforce should be sent to contact@waikforce.com or by mail to:
Waikforce, Inc.Waikforce, Inc. — Terms of Service · Effective June 1, 2026