Effective Date: May 24, 2025
Issued by: Wimbo Au Pty Ltd (ACN 687 084 984)
Governing Law: State of Delaware, United States of America
Legal Basis: GDPR, CCPA/CPRA, PIPEDA, UK GDPR, COPPA, and U.S. Federal Communications Laws

1. PREAMBLE AND PURPOSE

1.1 This Artificial Intelligence Use Policy & Disclaimer (hereinafter the “Policy”) is adopted and issued by Wimbo Au Pty Ltd, an Australian proprietary limited company (ACN 687 084 984), duly organized and existing under the laws of the State of Victoria, Australia, and trading as “Wimbo.” This Policy governs the lawful, ethical, and transparent operation of “Wimbot,” an artificial intelligence-powered digital assistant embedded within the Wimbo mobile application, web services, and affiliated digital properties (collectively, the “Platform”).

1.2 The objectives of this Policy are to:

• Establish legal clarity and inform users of the nature and limitations of the Wimbot feature;

• Ensure compliance with relevant international laws and principles on automated decision-making and personal data processing;

• Define the boundaries of legal liability and disclaim reliance on machine-generated content; and

• Codify Wimbo’s commitment to responsible AI deployment, aligned with globally accepted governance frameworks and user protection norms.

1.3 This Policy is binding upon all Users accessing or engaging with Wimbot, whether directly or indirectly, and shall be interpreted in pari materia with Wimbo’s Terms of Use, Privacy Policy, and Community Guidelines.

2. LEGAL FOUNDATION AND COMPLIANCE FRAMEWORK

2.1 Wimbo undertakes to implement and maintain Wimbot in conformity with the following statutes, regulatory frameworks, and intergovernmental instruments:

• Regulation (EU) 2016/679 – General Data Protection Regulation (GDPR), including:

Article 22 (Automated individual decision-making, including profiling);

• Recital 71 (Safeguards against decisions based solely on automated processing);

• United Kingdom General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, Part 2;

• California Consumer Privacy Act & California Privacy Rights Act (CCPA/CPRA) – California Civil Code § 1798.100 et seq.;

• Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), Schedule 1, Principle 4.3.3 (Meaningful consent for automated processing);

• U.S. Children’s Online Privacy Protection Act (COPPA) – 15 U.S.C. §§ 6501–6506 (pertaining to AI usage involving minors);

• OECD Council Recommendation on Artificial Intelligence (2019) – Principles on transparency, robustness, and accountability;

• UNESCO Recommendation on the Ethics of Artificial Intelligence (2021), especially in relation to inclusiveness, fairness, and explainability;

• NIST AI Risk Management Framework (AI RMF 1.0) – Emphasizing trustworthy AI characteristics, including validity, transparency, and resilience.

2.2 This Policy shall be deemed to supplement, not supersede, any legally mandatory user rights or institutional compliance obligations applicable in the User’s jurisdiction of residence or data processing.

3. SCOPE OF APPLICATION

3.1 This Policy applies to all Users, whether natural or legal persons, who:

• Interact with Wimbot through direct queries, messages, or prompts;

• Receive responses, recommendations, summaries, or AI-generated interactions;

• Use Wimbot as part of their engagement with any Platform feature, including onboarding, navigation, or customer support.

3.2 The scope of this Policy includes, without limitation:

• Operational boundaries of Wimbot's AI outputs;

• Data protection implications, including processing and storage of AI query logs;

• Risk disclosures and non-reliance disclaimers;

• Obligations imposed upon Users in their engagement with AI-driven tools;

• Rights to data access, correction, objection, and erasure, pursuant to applicable laws.

3.3 This Policy applies irrespective of a User’s location, status as a registered account holder, or the device or medium used to access the Platform.

4. DESCRIPTION AND FUNCTIONAL LIMITATIONS OF WIMBOT

4.1 Wimbot is a machine-learning-powered digital assistant that utilizes natural language processing (NLP), generative language modeling, and probabilistic output mechanisms to provide contextual responses, navigational assistance, and community engagement facilitation within the Platform.

4.2 Wimbot is not a human agent, and its outputs are generated through non-deterministic algorithms trained on extensive corpora of data, which may not reflect real-time accuracy, updated legal standards, or verified facts.

4.3 The functional role of Wimbot is limited to:

• Providing general support information regarding the Platform’s features;

• Facilitating event discovery and content navigation;

• Assisting with non-binding user inquiries through automated suggestions.

4.4 Wimbot shall not be relied upon for:

• Official customer service decisions or technical support actions;

• Enforcement of content moderation, account suspension, or user verification protocols;

• Legal, medical, financial, or professional advice or instruction;

• Dispute resolution, including arbitration or mediation of community issues.

4.5 Users are expressly advised that Wimbot’s responses:

• Are non-binding, illustrative, and sometimes speculative;

• May reflect hallucinations, factual inaccuracies, or contextual misunderstandings;

• Should be independently verified when relied upon for any consequential action.

5. TECHNOLOGY DISCLOSURE AND THIRD-PARTY INTEGRATIONS

5.1 Wimbot is developed using AI models and services supplied in part by third-party processors, including but not limited to OpenAI LP, pursuant to licensing agreements and data protection obligations compliant with Article 28 of the GDPR and its equivalents in the UK GDPR, CPRA, and PIPEDA.

5.2 Interaction with Wimbot may involve the transmission and temporary processing of textual input (i.e., prompts, questions, commands) to third-party AI infrastructure for the generation of intelligent responses.

5.3 Users acknowledge and agree that:

• Such interaction constitutes a delegated data processing activity under law;

• Data transmitted may include indirect identifiers, but shall be handled in accordance with Wimbo’s Privacy Policy and Data Protection Addendum (where applicable);

• Processing is justified under GDPR Article 6(1)(b) (contractual necessity) or Article 6(1)(f) (legitimate interests), and subject to opt-out mechanisms where legally required.

5.4 Wimbo does not warrant or represent that AI outputs are reviewed in real time. The Company expressly disclaims liability for:

• Inferences drawn by the AI that may be misleading;

• Biases or distortions embedded in AI training data;

• Misuse of outputs by Users in contravention of the Terms of Use or applicable law.

5.5 Users accept that Wimbot-generated content may be stored temporarily for:

• Security auditing and abuse detection;

• Product improvement and feature refinement;

• Compliance with legal disclosure mandates under applicable jurisdictional law.

6. USER RESPONSIBILITIES AND ACCEPTABLE USE

6.1 Users shall engage with Wimbot in good faith and in full adherence to applicable laws, regulatory standards, and Wimbo’s internal platform policies. Without limitation, Users expressly agree not to use Wimbot to:

• Submit, prompt, or generate content that is obscene, defamatory, hateful, racially or ethnically offensive, discriminatory, sexually explicit, threatening, or otherwise unlawful under any applicable jurisdiction;

• Circumvent content moderation systems, impersonate third parties, falsify identity, or misrepresent Wimbot’s output as official communication from Wimbo or its officers;

• Disseminate AI-generated responses as professional advice, including but not limited to legal, medical, mental health, or financial recommendations;

• Exploit vulnerabilities in the AI system to generate content intended to cause disruption, misinformation, harm, or reputational injury to Wimbo, its users, or third parties.

6.2 In line with GDPR Recital 49, CCPA § 1798.105, and industry best practices, Wimbo may log, analyze, and conduct forensic audits of Wimbot interactions for the purposes of:

• Enhancing platform functionality and AI training (where lawful);

• Investigating suspected misuse, abuse, or violations of community standards;

• Fulfilling obligations of due diligence, moderation transparency, and digital trust enforcement.

7. DATA COLLECTION, RETENTION, AND PRIVACY COMPLIANCE

7.1 Queries submitted to Wimbot may contain direct or indirect identifiers, usage metadata, and behavioral signals, which shall be processed in compliance with:

• Articles 13 and 14 of the GDPR – Transparency and information at collection;

• Articles 15 to 18 of the GDPR – Data access, rectification, restriction, and objection;

• Article 22 of the GDPR – Rights concerning automated decision-making;

• CCPA/CPRA § 1798.105 and § 1798.130 – Consumer rights to know and delete.

7.2 Wimbo does not retain Wimbot interaction logs indefinitely. Data will be stored solely for the duration necessary to:

• Conduct security and compliance audits;

• Troubleshoot application malfunctions or technical anomalies;

• Resolve disputes or enforce moderation decisions;

• Comply with legal retention mandates under national or regional data protection law.

7.3 Requests to access, restrict, or delete Wimbot-related data may be submitted to:
📧 help@wimbo.au.
Such requests will be evaluated and fulfilled in accordance with statutory rights and any applicable exceptions (e.g., ongoing investigations, fraud prevention, or legal holds).

8. LEGAL DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 Wimbot is provided on an “as is” and “as available” basis, without any express or implied warranties. To the fullest extent permissible under applicable law, Wimbo expressly disclaims all warranties, including but not limited to:

• Merchantability or fitness for a particular purpose under UCC § 2-314 and § 2-315;

• Freedom from errors, omissions, hallucinations, or inaccuracies;

• Suitability of outputs for use in legal, financial, health, or safety-related contexts;

• Non-infringement or compatibility with local data protection requirements outside of specified compliance frameworks.

8.2 In accordance with Article 19 of the eCommerce Directive 2000/31/EC, Uniform Commercial Code § 2-316, and the Restatement (Second) of Torts, Wimbo shall not be held liable for:

• Reliance damages or harm resulting from erroneous AI-generated content;

• Inappropriate or unauthorized interpretation of AI outputs by Users;

• Any technical or operational malfunction of Wimbot beyond Wimbo’s reasonable control.

8.3 Notwithstanding any other provision in this Policy, Wimbo’s maximum aggregate liability to any User under this Policy—whether in contract, tort, negligence, or otherwise—shall be limited to the greater of:

• One hundred United States dollars (USD $100); or

• The total amount paid by the User to Wimbo within the twelve (12) months preceding the event giving rise to liability.

9. JURISDICTION, ARBITRATION, AND GOVERNING LAW

9.1 This Policy and any dispute, controversy, or claim arising from or relating to its interpretation, formation, or enforcement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict-of-laws doctrines.

9.2 The parties irrevocably agree that any disputes arising hereunder shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with:

• Seat of arbitration: New York, NY, USA;

• Language: English;

• The arbitrator’s decision being final, binding, and enforceable in any court of competent jurisdiction.

9.3 This clause shall survive the termination of a User’s account or access to the Platform and remain in force for the statutory limitation period applicable to digital service disputes.

10. CONTACT INFORMATION AND COMPLIANCE ENQUIRIES

For all questions, data rights assertions, or regulatory requests related to this AI Use Policy & Disclaimer, Users may contact:

📩 Privacy Inquiries & Data Subject Rights
📧 help@wimbo.au

📩 Legal, Arbitration, and Enforcement Correspondence
📧 legal@wimbo.au

🏢 REGISTERED BUSINESS ADDRESS

Wimbo Au Pty Ltd
470 St Kilda Road
Melbourne, VIC 3004
Australia