Effective date:

Jun 15, 2025

Terms of Use

Terms of Use

Introduction

Please read these Terms carefully before using our websites and any online services, software or apps provided by Wisk Aero LLC (collectively, "Wisk", "we", or "us" or "our") that post a link to these Terms (the "Service"). By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them. You also acknowledge, agree and consent to our data practices as described in our Privacy Policy.

These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit our liability to you and require you to indemnify us and to settle certain disputes through individual arbitration. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall Service downloads and applications.

Additional Terms

In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively "Additional Terms"), including without limitation membership terms and terms of sale for our products. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Updates to these Terms and Additional Terms We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service.

Summary

We have summarized some (but not all) of the main topics of these Terms below. The complete provisions, and not the headings or summaries, govern.

  • Grants and Limitations of Rights

    • We only grant you a limited revocable license to use the Service subject to rules and limitations.

    • You grant us a broad license to the content you submit, including in communications to us. You retain ownership of and responsibility for your content.

    • Your use of our Service is subject to various restrictions designed to protect the Service and users.

  • Limitations on Your Remedies

    • As required by applicable law

    • We also disclaim most warranties and provide the Service "As Is".

    • Our liability is greatly limited.

    • Your equitable or injunctive relief rights are limited.

  • Dispute Resolution

    • As permitted by law, you agree to arbitrate disputes and waive jury trial and class actions.

  • Availability of Service

    • We may provide, discontinue our Service, or your right to access it, in whole or in part.

    • Our Service is intended for access from and use in the U.S.A. and our products and services are only sold in the United States.

1. Ownership and your rights to use the service and content

a. Ownership. The Service and all of its content ("Content"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by us, our licensors, or our business and content third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of us, our licensors or our business partners, including, without limitation, any derivative works and compilations made therefrom, and is protected by copyright, trademark, trade secret, and other intellectual property and unfair competition rights and laws to the fullest extent possible. We own the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

b. Your Rights to Use the Service and Content. Your right to use the Service and Content is subject to your strict compliance with these Terms and all applicable Additional Terms. Your individual license to use and access the Service and the Intellectual Property is revocable, non-exclusive, non-transferable, and limited. We reserve all rights not expressly granted herein. You have no right to sublicense the rights granted herein. Any commercial use is prohibited absent our express written consent. As your right to access and use the Service and the Content is personal to you, you may not assign nor transfer your rights; any attempt to do so is void. You may only access and use the Content and the Service for lawful and acceptable purposes, and only in accordance with these Terms and applicable Additional Terms. Lawful and acceptable use includes all of the following (as the "Wisk Elements"):

i. Display. view, use, and play the Content on a computer, mobile or other internet enabled or permitted device ("Device") and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;

ii. Stream. live video stream, webcast or make available for live streaming internet video players if, but only if, provided on the Service;

iii. Subject to any applicable Additional Terms, if the Service includes a "Send to Friend," social media sharing or similar tool that allows you to initiate or send to one or more of your contacts or friends Communication that includes Content, or to post such information to your site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates our or a third-party's rights or in a way that violates our Terms of Service, which if you do, would impact you contact;

iv. If the Service includes a "Download" link next to a piece of Content (including, without limitation, an image, icon, an app, wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such Content to a single Device;

v. Download install and use apps of any software, including apps, that are made available on or through the Service ("Software") on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you may only use the particular version of the Software that we make available on or through the Service at the time of download (if we do not transfer title to the Software, you may not reverse engineer, decompile, disassemble, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Software or the underlying source code, or anything contained therein), except as permitted by applicable law; and provided further that (i) the foregoing restrictions shall remain in full force and complete title to such Software; (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based upon the Software or any part thereof, modify or translate any part of the Agreement or any applicable Additional Terms, without our prior written consent; Wisk; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt to do so will be void and of no effect; and (iv) (A) the Software will be governed at the time by any and disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent that the foregoing restriction is prohibited by applicable law;

vi. If we download to you obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;

vii. Link to Us From Your Own online service, as long as: (a) the links only incorporate text, and do not use any of our names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with us or cause any other confusion, and (c) the links and the content on your website do not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive manner;

viii. violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to us. We reserve the right to refuse or remove any content, in its sole discretion, without advanced notice or liability of any kind to you or any third-party; and

ix. Use your own account; expressly, including but not limited to, the Service or use how with others. These Terms (including, without limitation, functionality to create and/or post Submissions (as defined below)) and any applicable Additional Terms.

c. Additional License Grant. Also, these Terms and any applicable Additional Terms. Memberships and service rights pursuant to Additional Terms. Memberships are subject to restrictions in the applicable Additional Terms. Sales of products and services may be subject to other terms and conditions pursuant to the terms and conditions. Any applications distributed by us under these Terms.

d. Rights of Others. In using the Service, you must respect the intellectual property and rights of us and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and may result in your civil and criminal liability.

e. Reservation of all Rights Not Granted as to Content and Service. These Terms and any applicable Additional Terms include only narrow, limited, personal, revocable, non-assignable, non-transferable, and non-exclusive rights to use the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY US AND OUR LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of the Content or the Service for any purpose is prohibited.

f. Third-Party Services. We are not responsible for third parties or their content, apps or sites. For instance, portions of the Service may be integrated with or include services, sites, platforms, and apps that we do not control (e.g., Facebook), third-party content, or third-party content or services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign in to our Services using Facebook Connect or other third party tools, and to post content on linked or other social media platforms made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We have no responsibility for third-party services.

2. Content you submit

You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Submissions (as defined below), and derivatives thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, all without further notice to you, without your consent, and without payment, consideration, or credit to you or any third party. You understand and agree that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted herein. You agree that we may use your real name or screen name to provide attribution or not, in our sole discretion, and we shall have no obligation to provide attribution in connection with your Submissions and derivatives thereof. As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in such contributions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, you are waiving any rights to review or approve of the way we use such contributions, and any successors, using and licensing these rights out of the general public with regard to your Submissions. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, nor is it based on our own or a third party's existing or future intellectual property rights.

3. Service and content use restrictions

a. Service Use Restrictions. You acknowledge that you will not: (i) use any meta tags or any other "hidden text" utilizing our name, trademarks, or product names; (ii) use any of our Service for any political or commercial purposes (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (iii) use any meta tags or any other "hidden text" utilizing our trademarks, service marks, or product names; (iv) frame or utilize framing techniques to enclose any Intellectual Property (including images, text, page layout, or forms); (v) use our Intellectual Property other than as expressly permitted herein; (vi) copy, republish, upload, post, transmit, translate, or distribute the Content in any way to any other computer, server, Web site, or other medium for publication or distribution or for any commercial enterprise; (vii) use our Intellectual Property to create derivative works or use our Intellectual Property in ways not contemplated by these Terms or any applicable Additional Terms; (viii) use or exploit the Service or the Content in any manner or for any purpose that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to us; (ix) reverse engineer or attempt to reverse engineer or disassemble the Service or the Content accessible through the Service; (x) use the Service or access the Service or the Content except through the interface that is provided by us; (xi) use the Service for any political or commercial purposes (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (xii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Service, except those automated means that we have approved in advance and in writing; or (xiii) use or exploit the Service, the Content, or the Submissions: (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses), without the prior written consent of such users; (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; (ix) interfere with or disrupt the Service or servers or networks connected to the Service; or (x) violate these Terms or any applicable Additional Terms.

b. Content Use Restrictions. You also agree that, in using the Service, you will not: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) will not keep any cached, archived, or stored copies of the Content; (iv) will not attempt to override or circumvent the search and any license to the Content via the Service; (v) will not access any secured or license products, services, systems, or other networks connected to or accessible through the Service, except as specifically permitted by these Terms or any applicable Additional Terms; or (vi) will not use any data mining, robots, scraping, or similar data gathering or extraction methods, or hardcode, or otherwise embed or code or export such Content, in any way for any purpose except as specifically permitted by these Terms and applicable Additional Terms or with our prior written consent; and (vii) will not insert any code or product to manipulate such Content in any way that adversely affects any user experience or the service.

c. Availability of Service and Content. We, in our sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, and without advance notice or liability.

4. Creating an account

a. If you register to create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and confidential and may not be shared with others or used to create multiple accounts. You may not select a username or entity or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. We will never ask you for your username or password via email. If you forget your username, password, or any other account information, such as which data logs of any account. Usernames and passwords may not be transferred, and the account holder will remain responsible for all unauthorized use thereafter. You will not sell, transfer, or assign your right to use the account rights.

b. Accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not require Social Security numbers to authenticate, and are not responsible for any unauthorized accounts that may arise on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve each dispute as we determine appropriate, without notice.

5. Notices, questions and customer service

a. You agree that we may notify you or respond to you by mail or by email if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: Wisk, 2700 Broderick Way, Mountain View, CA 94043 (Attn: Legal Department). If you have any questions concerning the Service, you may contact us at the postal address or as set forth under "About Us" page. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.

6. Product specifications; pricing; typographical errors

a. We strive to accurately describe the features and specifications of products offered on the Service; however, we do not warrant that such specifications, pricing, or other Content on the Service is complete, accurate, reliable, current, or error-free. We do not guarantee that our development-stage products will ever reach commercial availability in the United States, or that we will meet the previously published or announced specifications or performance of our development-stage products. All sales of products and services are made in the United States and are subject to availability; products and services may be subject to shipping restrictions and/or import/export requirements and may not be available for sale to all customers, as shall have the right to refuse or cancel any order in our sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel without liability.

b. If we changed your credit or other account prior to rejection or cancellation, we will restore credit to your account. Additional Terms may apply. If you are a California resident and placed your order via email, by phone, by fax, or via a catalog, you have a right to cancel the purchase and receive a full refund for the purchase price.

7. Arbitration and dispute terms

a. Forum Selection; Jurisdiction. Unless subject to arbitration and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, your Submissions, these Terms, or any applicable Additional Terms, whether before or after the Effective Date of these Terms or after expiry thereof ("Dispute"), Disputes shall be resolved in California. Each party submits to the personal jurisdiction of the state and federal courts in Santa Clara County, California.

b. Pre-Arbitration Notification. We and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that we must not do so in circumstances where our claims or respective rights are concerned ("IP Disputes," with all other disputes referred to as "General Disputes"). The party making a claim – whether you or us – shall send a letter to the other side, briefly summarizing the claim and the request for relief. If we are making a claim, this letter shall be sent, via email, to the email address listed in your Wisk account, if applicable. If you such information exists or if such information is not current, then via the Service operator on the day provided in the Service 7) If you are making a claim, this letter shall be sent to: Wisk Aero, 2700 Broderick Way, Mountain View, CA 94043 (Attn: General Counsel). If the Dispute is not resolved within sixty (60) days after said letter is received, then the General Counsel is then authorized to set forth in this letter: (i) a brief description of the Dispute; (ii) how you want the Dispute resolved. General Disputes may be submitted to arbitration in accordance with, touching upon. U.S.C. § 4 et seq. ("FAA"), subject to Section 7 below concerning rules using.

c. Arbitration of General Disputes. All other procedures for arbitrators in connection with general disputes shall be conducted in accordance with the Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter is below $250,000 or below $25,000, as it San Jose, California, California requirements, before a single arbitrator in accordance with the California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators provided by JAMS. The arbitrator shall be a California-licensed attorney with at least ten years' experience or a retired state or federal judge. The arbitrator shall follow California law as applied to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates' lawyers, insurances, auditors, lenders, and other professional advisors. The fact that there is a dispute between the parties and the conclusions upon which the arbitrators award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided, other than only for the enforcement of the arbitrator's award; provided, however, that prior to the appointment of the arbitrator (or for remedies beyond the jurisdiction of the arbitrator, as may be available under applicable law) either party may resort to a court of competent jurisdiction or, in the case of any controversy that either party may bring in connection with the arbitration on the controversies under this Section 7; provided, however, that a party's initiation of a legal proceeding in such other court shall not be deemed a waiver of its right to arbitration with such decision; after which the prevailing party may enforce such decision by a petition to the Santa Clara County Superior Court or, in the case of you, such other court having jurisdiction over you, which may be made to JAMS, not including any cost of this award.

d. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSION, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY WISK PARTY (DEFINED BELOW) (INCLUDING YOUR LICENSED SUBMISSIONS) OR A LICENSOR OF ANY WISK PARTY.

e. Governing Law. These Terms and any applicable Additional Terms, General Disputes or IP Disputes, and any other claim brought by you against us or vice versa related to the Service, shall be governed by and resolved in accordance with the laws of the State of California, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 7 shall be interpreted to give effect to the fullest extent possible with the Federal Arbitration Act and other federal arbitration statutes, and is enforceable pursuant to its terms on a self-executing basis. Both parties agree that we intend that this Section 7 satisfies the "writing" requirement of the Federal Arbitration Act. The Section 7 cannot be waived by any overt act, course of dealing, or course of performance or failure to seek arbitration in competent jurisdiction. The arbitrator shall determine only and all challenges to the applicability of a claim.

f. Class Action Waiver. As permitted by applicable law, both of us waive the right to trial by jury. Disputes, whether considered, representative, collective, or private attorney general action, or to participate in a class action, representative, collective, or private attorney general action pursuant to applicable federal or state statute. You may seek remedies only on an individual basis. Notwithstanding anything else in this arbitration provision set forth in this Section 7 of class, consolidated, representative, collective, and private attorney general action class claims on behalf of others, based on a theory of general action or to consolidate, join, or otherwise combine the Disputes of other persons into this proceeding. Notwithstanding anything else in arbitration provision or procedure set forth in this Section 7 of class, collective, representative, and private attorney general claims of this Section 7 is found to be void or otherwise unenforceable, only such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

g. Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON, OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

h. Small Claims Matters. Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 7(f).

**i. The provisions of this Section 7 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 7 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.

8. Disclaimers of representations and warranties

**a. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WISK AND our direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, "Wisk Parties") hereby disclaim all representations, warranties, endorsements, guarantees or other assurances of any kind, whether express or implied, statutory or jointly related, without limitation, the Service, Content, Wisk Licensed Elements, Submissions or other Wisk products or services, either in accused of set forth herein.

**b. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, WISK PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

**c. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY WISK PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY WISK PARTIES TO YOU; OR ANY WARRANTY ON A PHYSICAL PRODUCT SOLD BY WISK PARTIES TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) WISK PARTIES' LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY WISK PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW, OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST WISK PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

9. Limitations of our liability

**a. AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY WISK PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES that are directly or indirectly related to: (i) the Service; (ii) the Content; (iii) your use of, inability to use, or the performance of the Service; (iv) any action taken in connection with an investigation by us or law enforcement authorities regarding your or any other party's use of the Service; (v) any action taken in connection with copyright or other intellectual property owners; (vi) any errors or omissions in the Service's technical operation; or (vii) any damage to any user's computer, hardware, software, modem, or other equipment or technology including, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if a Wisk Party has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including without limitation the passive or active negligence of any Wisk Parties or other party in connection with the Service).

**b. UNDER NO CIRCUMSTANCES WILL ANY WISK PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND WISK PARTIES' REASONABLE CONTROL.

**c. THE FOREGOING LIMITATIONS of liability will apply even if any of the events or circumstances were foreseeable and even if Wisk Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including without limitation the passive or active negligence of Wisk Parties), breach of warranty or breach of these Terms or applicable Additional Terms, even if Wisk Parties or their representatives have been made aware of the possibility of any such damages (failure to destruction of the Service).

**d. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WISK PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS EXCEED THE AMOUNT YOU HAVE PAID WISK IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).

**e. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY WISK PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY WISK PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT SOLD BY WISK PARTIES TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) WISK PARTIES' LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY WISK PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST WISK PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

10. Updates to terms

It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE TERMS AND CONDITIONS IN EFFECT AT THAT TIME AND YOU CONSENT TO SUCH TERMS AND CONDITIONS. The most current version of these Terms will supersede all previous versions. We may prospectively change these Terms by posting them on the Service (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE MODIFIED TERMS. TRANSACTIONS. Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them. In the event any notice of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can check the most recent modification to these Terms by consulting the "Last modified" date.

11. General provisions

a. Our Consent or Approval. As to any provision in these Terms or any applicable Additional Terms that grants us a right of consent or approval, or permits us to exercise a right in our "sole discretion," we may exercise that right in our sole and absolute discretion. No consent by us to or approval of any act by you shall be deemed to have been granted by us unless provided to you in writing.

b. Indemnity. As permitted by applicable law, you agree to, and you hereby defend (if requested by Wisk), indemnify, and hold Wisk Parties harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of every kind, including reasonable attorney fees, that arise from or relate to: (i) your use or misuse of the Service; (ii) your violation of these Terms or any applicable Additional Terms; (iii) your violation of any rights of another, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any applicable law, rule, or regulation; (v) any of your Submissions or any content that is submitted via your account whether by you or a third-party; (vi) your negligence or willful misconduct; or (vii) any alleged breach of these Terms or any applicable Additional Terms; (ix) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (x) information or material transmitted through your Device, even if not submitted to you; (xi) any third-party claim, demand, or damage, including attorneys' fees, asserting a claim with respect to information or material that allegedly infringes, misappropriates, or violates the intellectual property, proprietary, or other rights of such third-party, or allegedly contains false or libelous information, or allegedly violates such third-party's rights of publicity, rights of privacy, or is defamatory; (xii) any misrepresentation made by you; and (xiii) Wisk Parties' use of the information that you submit to us (including your Submissions). Claims and Losses"). You acknowledge and agree that you have sole responsibility for (and that the Wisk Parties have no responsibility to you or to any third-party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which the Wisk Parties may suffer) of any such breach. You acknowledge and agree to pay all Claims and Losses. Wisk Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You shall cooperate with Wisk Parties' defense of any Claims and Losses, and in such instance, you agree that you will not settle any matter without the prior written consent of the applicable Wisk Parties, and you will, at your own expense, cooperate fully with Wisk Parties in such defense, compromise, and pay any and all Claims and Losses. Wisk Parties reserve the right to assume the exclusive defense and control of any Claims and Losses that may otherwise be subject to indemnification by you, in which instance, you agree that you will cooperate with any reasonable requests in connection with such defense and will, at Wisk Parties' request, limit any cause of action against us that you may have but are not limited under applicable law.

c. Operations Outside the United States; International Issues. We control and operate the Service from the U.S.A., and makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are using at your own risk and initiative and are responsible for compliance with applicable local laws. The Service is intended for and directed at residents of the United States, and is not intended for access or use to the extent such access or use violates the laws of any other country. If and to the extent local laws apply.

d. Export Controls. We are responsible for complying with applicable trade regulations and both foreign and domestic. Except as authorized by U.S law, you agree and warrant not to export or re-export the software to any country, to any person, entity, or end-user subject to U.S export restrictions.

e. Severability; Interpretation. If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of such provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive, and you do waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

f. Investigations; Cooperation with Law Enforcement; Termination; Survival. As permitted by applicable law, we reserve the right, without limitation, to: (i) investigate any suspected breaches of our Service security or our information technology or other systems or networks; (ii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with applicable law; (iii) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (iv) prosecute violators of these Terms and any applicable Additional Terms; (v) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you. If we terminate your use of the Service for any reason or no reason, with or without cause and with or without notice to you and without any obligation to us. Any such termination or suspension shall be in our sole discretion and we shall not be liable or have any responsibility to you or any third party for any losses or damages that may result or arise in connection with or as a result of any such termination or suspension (or any actions taken in connection with an investigation by us or law enforcement authorities). Provisions of these Terms and any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. However, surviving provisions of these Terms, as well as any applicable Additional Terms, which by their nature should survive termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

g. Assignment. We may assign our rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice to you. You may not assign your rights or obligations under these Terms or any applicable Additional Terms, and any such attempted assignment by you shall be null and void.

h. Complete Agreement; No Waiver. These Terms, along with any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by either party in exercising any of its rights, powers, or remedies under these Terms or any applicable Additional Terms shall operate as a waiver of such right, power or remedy; and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

i. California Consumer Rights and Notices. California residents can obtain information on our privacy practices, including how we comply with the California Online Privacy Protection Act, the California Consumer Privacy Act and the California Shine the Light Act, by visiting the Wisk Privacy Policy or calling us toll-free at (844) 947-5669. Residents of California may reach the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd, Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297, or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.

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