Terms of Service

1. Agreement to Terms

By accessing or using Simon Wilby's website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. These terms are designed to comply with international data protection regulations, including the General Data Protection Regulation (GDPR) and China's Personal Information Protection Law (PIPL).

2. Services Description

Simon Wilby provides AI development, consulting, and related technology services. Our services include but are not limited to:

• Custom AI system development and implementation
• AI strategy consulting and advisory services
• Machine learning model development
• Enterprise AI integration solutions
• AI technology assessments and audits

3. Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of Simon Wilby or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written consent.

4. User Responsibilities

When using our services, you agree to:

• Provide accurate and complete information
• Use services only for lawful purposes
• Respect intellectual property rights
• Not attempt to gain unauthorized access to our systems
• Not interfere with the proper functioning of our services
• Comply with all applicable laws, including data protection regulations

7. AI-Specific Terms

Given the nature of our AI services, the following additional terms apply:

• AI Training Data: Any data used to train or improve AI systems will be handled in accordance with applicable data protection laws and our Privacy Policy.
• Automated Decision-Making: Where AI systems make automated decisions that significantly affect individuals, we will provide meaningful information about the logic involved and allow for human review.
• AI Output Ownership: Unless otherwise agreed in writing, AI-generated outputs created using your data remain your property, subject to any underlying intellectual property rights.
• AI Limitations: We do not guarantee that AI systems will be error-free or achieve specific results. AI outputs should be reviewed by qualified personnel.

8. Confidentiality

Any confidential information shared during our engagement will be protected in accordance with industry standards and applicable laws. We will not disclose your proprietary information to third parties without your consent, except as required by law. Confidentiality obligations shall survive the termination of these Terms.

9. Limitation of Liability

To the maximum extent permitted by law, Simon Wilby shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services. Our total liability shall not exceed the amount paid for the specific services giving rise to the claim. This limitation does not apply to liability that cannot be excluded by law, including liability for gross negligence or intentional misconduct.

10. Disclaimers

Our services are provided "as is" without warranties of any kind. We do not guarantee that AI systems will achieve specific results, as outcomes depend on various factors including data quality, implementation, and use cases.

11. Indemnification

You agree to indemnify and hold harmless Simon Wilby and its affiliates from any claims, damages, losses, or expenses arising from: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any data you submit through our services that violates applicable laws.

12. Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our services at any time. We will provide reasonable notice of significant changes when possible, particularly for changes that may affect ongoing projects or data processing activities.

13. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, United States. However:

• For EU/EEA Users: Nothing in these Terms affects your rights under GDPR or mandatory consumer protection laws in your country of residence.
• For China Users: To the extent required by PIPL, disputes may be resolved in accordance with Chinese law.

Any disputes shall be resolved through good-faith negotiation or, if necessary, through binding arbitration administered by a recognized arbitration institution.

14. Termination

We may terminate or suspend your access to our services immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination:

• Your right to use our services will cease immediately
• We will delete or return your personal data as required by applicable law
• Provisions that by their nature should survive termination will remain in effect

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Contact Information

For questions about these Terms of Service, please contact us at:

17. Changes to Terms

We reserve the right to update these Terms of Service at any time. Changes will be effective immediately upon posting, except for material changes which will be communicated to you in advance where required by law. Your continued use of our services constitutes acceptance of the revised terms.