These Terms of Use (the “Terms”) govern your access to and use of the websites, applications, databases, reporting tools, content, and other services operated by Wayward Fowl Inc., a Texas corporation (“Wayward Fowl,” “we,” “us,” or “our”), including waywardfowl.com and related services (collectively, the “Platform”).
By accessing or using the Platform, you agree to these Terms.
If you do not agree to these Terms, do not use the Platform.
1About Wayward Fowl
Wayward Fowl operates an independent technology and information platform through which users may report, document, review, discuss, search, and learn about incidents and concerns involving artificial intelligence systems and related technologies.
The Platform may include:
- user-submitted AI incident reports;
- supporting documents and evidence;
- responses from organizations or other parties;
- incident classifications;
- searchable databases;
- aggregated data;
- statistics;
- research;
- analysis;
- commentary;
- AI-system and company profiles; and
- other information relating to artificial intelligence systems and their real-world
effects.
Wayward Fowl is an independent private company.
Wayward Fowl is not a government agency, regulator, court, law-enforcement organization, consumer-reporting agency, or official dispute-resolution service.
2Eligibility
You must be at least 18 years old to create an account or submit an incident report unless Wayward Fowl expressly provides a separate process permitting participation by younger users.
By using the Platform, you represent that you have the legal capacity to enter into these Terms.
If you use the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
3Accounts
Certain Platform features may require an account.
You agree to provide accurate account information and to keep that information reasonably current.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.
You must promptly notify Wayward Fowl if you reasonably believe your account has been compromised.
You may not:
- impersonate another person;
- create an account using materially false identity information;
- sell or transfer your account without authorization;
- access another person’s account without permission; or
- use automated methods to create accounts except as expressly authorized by
Wayward Fowl.
4Incident Reports
The Platform allows users to submit information concerning actual or suspected incidents involving artificial intelligence systems.
An incident report may concern matters such as:
- discrimination or disparate treatment;
- employment or hiring decisions;
- lending or financial decisions;
- insurance decisions;
- housing;
- education;
- healthcare;
- government services;
- privacy;
- surveillance;
- misinformation;
- fraud or impersonation;
- safety;
- security;
- autonomous systems;
- content generation;
- algorithmic decision-making;
- accessibility;
- consumer experiences;
- reputational harm;
- economic harm; or
- other alleged consequences associated with artificial intelligence.
Submission of an incident does not mean Wayward Fowl has determined that an AI system caused the incident or that any person or organization violated a law, contractual obligation, professional standard, or ethical principle.
5Your Representations When Submitting An Incident
Each time you submit an incident report or supporting material, you represent and warrant that, to the best of your knowledge and belief:
1. the material facts you provide are truthful and accurate;
2. you have a reasonable factual basis for statements you present as facts;
3. you will distinguish factual statements from opinions, interpretations, suspicions,
and conclusions where reasonably possible;
4. you are not knowingly submitting false, fabricated, deceptive, or materially
misleading information;
5. you have not knowingly altered evidence in a manner that materially misrepresents
its meaning;
6. you have the right to provide the information and materials you submit;
7. your submission does not knowingly violate another person’s intellectual-property
rights;
8. you will not intentionally use the Platform to harass, threaten, extort, intimidate, or
unlawfully harm another person;
9. you will not knowingly submit unlawful content; and
10. you understand that information you designate for public submission may become
publicly accessible.
You are responsible for the content you submit.
6Facts, Opinions And Allegations
Users should describe incidents as accurately and objectively as reasonably possible.
Where a matter has not been independently established, users should avoid presenting speculation or conclusions as proven facts.
For example, a user may describe what occurred and why the user believes an AI system contributed to an outcome without claiming as an established fact that a particular company intentionally discriminated against the user unless the user has a reasonable factual basis for that statement.
Wayward Fowl may edit headings, categories, formatting, metadata, or other presentation elements to help readers distinguish allegations, reported experiences, responses, verified information, and Wayward Fowl’s own analysis.
7Prohibited Content
You may not submit, upload, publish, transmit, or otherwise use the Platform to distribute content that:
- you know is materially false;
- is deliberately fabricated or deceptively manipulated;
- constitutes an unlawful threat;
- constitutes unlawful harassment;
- unlawfully infringes intellectual-property rights;
- contains malware or malicious code;
- facilitates unauthorized access to computer systems;
- unlawfully exposes another person’s highly sensitive personal information;
- contains sexual exploitation material involving minors;
- promotes or facilitates unlawful activity;
- impersonates another person in a deceptive manner; or
- otherwise violates applicable law.
Wayward Fowl may establish additional Content and Community Guidelines.
8Personal And Sensitive Information
AI incident reports may involve sensitive circumstances.
You should not submit:
- Social Security numbers;
- bank-account numbers;
- credit-card numbers;
- passwords or authentication credentials;
- government identification numbers;
- detailed medical records;
- private addresses;
- personal telephone numbers;
- information concerning minors;
- biometric identifiers;
- trade secrets;
- confidential employer information; or
- other highly sensitive information.
Where such information is relevant to an incident, users should redact information that is not reasonably necessary to understand the incident.
Wayward Fowl may redact or remove sensitive information from submissions.
9Confidential And Proprietary Information
You are responsible for determining whether you have the legal right to disclose information you submit.
Do not submit information in violation of a valid legal obligation, court order, confidentiality obligation, or applicable law.
Wayward Fowl does not provide legal advice concerning whether you may disclose particular information.
If you are uncertain about your rights or obligations, consult a qualified attorney before submitting the material.
10License To User Content
You retain whatever ownership rights you otherwise possess in content you submit to Wayward Fowl (“User Content”).
By submitting User Content, you grant Wayward Fowl a worldwide, nonexclusive, royalty- free, sublicensable, and transferable license to host, store, reproduce, format, adapt, display, publish, distribute, communicate, index, categorize, excerpt, summarize, analyze, and otherwise use the User Content as reasonably necessary to:
- operate and improve the Platform;
- review, moderate, document, and publish incident reports;
- investigate and evaluate reported incidents;
- maintain searchable and historical incident records;
- provide corrections, updates, responses, and dispute histories;
- identify patterns and related incidents;
- produce aggregated or de-identified statistics, research, and analysis;
- develop Platform features and analytical tools;
- enforce these Terms and other Platform policies; and
- protect the integrity, security, and lawful operation of the Platform.
For User Content that Wayward Fowl publishes as part of the public incident record, this license is perpetual and irrevocable to the extent reasonably necessary to preserve, archive, display, document, analyze, and maintain the integrity and historical continuity of that public record, subject to applicable law and Wayward Fowl's Privacy Policy, Corrections and Dispute Policy, and removal practices.
Closing your account, withdrawing a report, or requesting deletion does not automatically terminate Wayward Fowl's rights with respect to content previously published or incorporated into correction histories, dispute records, aggregated information, de- identified information, research, or analysis.
However, Wayward Fowl may remove, redact, anonymize, restrict, or discontinue publication of User Content in accordance with applicable law and Platform policies.
Nothing in this license gives Wayward Fowl ownership of your User Content.
11Publication Is Not Guaranteed
Submitting an incident does not guarantee publication.
Wayward Fowl may, but is not obligated to:
- review a submission;
- request additional information;
- verify aspects of a submission;
- contact relevant parties;
- decline publication;
- delay publication;
- redact information;
- edit formatting;
- categorize a report;
- add context;
- attach warnings or labels;
- restrict distribution;
- remove a report; or
- restore previously removed content.
Wayward Fowl retains editorial discretion over content appearing on the Platform to the extent permitted by applicable law.
12Moderation Does Not Constitute Verification
Wayward Fowl may moderate submissions for compliance with Platform policies.
Moderation does not necessarily mean that Wayward Fowl has independently verified the truth of a report.
Similarly, publication, categorization, labeling, prominence, removal, or non-removal of a report should not be interpreted as a determination by Wayward Fowl regarding:
- legal liability;
- wrongdoing;
- discrimination;
- negligence;
- causation;
- product safety;
- ethical conduct; or
- the truth of disputed allegations.
Any specific verification methodology adopted by Wayward Fowl may be described separately on the Platform.
13Organization And Subject Responses
Wayward Fowl may permit companies, organizations, AI developers, individuals, or other parties identified in reports to respond.
Wayward Fowl may display such responses alongside or in connection with an incident report.
Publication of a response does not mean Wayward Fowl endorses or verifies that response.
Wayward Fowl may establish procedures for verifying that a person submitting an organizational response is authorized to represent the relevant organization.
14Corrections And Disputes
If you believe information appearing on Wayward Fowl is materially inaccurate, misleading, outdated, unlawful, or improperly attributed to you or your organization, you may request review through:
info@waywardfowl.com A request should identify the disputed information and explain the basis for the requested correction.
Supporting documentation may be requested.
Wayward Fowl may investigate, correct, annotate, restrict, or remove information when it determines such action is appropriate.
Submission of a dispute does not guarantee removal.
15Wayward Fowl Content And Analysis
Wayward Fowl may independently produce research, analysis, classifications, statistics, summaries, scores, reports, or other content.
Unless expressly stated otherwise, these materials are provided for informational purposes and should not be interpreted as legal findings or determinations of liability.
Methodologies used for significant analytical products may be described separately where appropriate.
16Statistics And Reporting Bias
Data available through Wayward Fowl may be based substantially on voluntarily submitted reports.
Accordingly, incident counts and other statistics may be affected by:
- reporting behavior;
- media attention;
- public awareness;
- differences in product usage;
- demographic differences;
- geographic differences;
- selection bias;
- duplicate reports;
- incomplete information; and
- other factors.
Wayward Fowl statistics therefore should not automatically be interpreted as estimates of the actual prevalence or probability of AI-related harm.
17Artificial Intelligence Features
Wayward Fowl may itself use artificial intelligence or automated systems to assist with:
- categorization;
- summarization;
- duplicate detection;
- search;
- moderation;
- redaction;
- analysis;
- translation; or
- other Platform functions.
Automated outputs may contain errors.
Where appropriate, Wayward Fowl may provide information regarding the role of automated systems in particular Platform functions.
18No Legal Or Professional Advice
The Platform provides information for general informational, research, transparency, and public-interest purposes.
Nothing available through the Platform constitutes legal, medical, financial, employment, regulatory, compliance, cybersecurity, or other professional advice.
You should obtain appropriate professional advice before making decisions requiring such expertise.
19Not A Government Complaint
Submitting an incident to Wayward Fowl does not constitute filing a complaint with a government agency, regulator, court, employer, law-enforcement agency, or other authority.
Submission to Wayward Fowl does not:
- initiate legal proceedings;
- preserve legal rights;
- satisfy regulatory reporting requirements;
- toll or extend statutes of limitation;
- satisfy contractual notice requirements; or
- constitute service of legal process.
You are responsible for separately pursuing any legal, regulatory, employment, contractual, or administrative remedies that may be available to you.
20Not An Emergency Service
Wayward Fowl is not an emergency service.
If you or another person faces immediate danger or requires urgent medical, legal, cybersecurity, law-enforcement, or other assistance, contact the appropriate qualified service or authority.
21Intellectual Property
Except for User Content and third-party materials, the Platform and its software, design, databases, trademarks, graphics, text, technology, and other content are owned by or licensed to Wayward Fowl and are protected by applicable intellectual-property laws.
Subject to these Terms, Wayward Fowl grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Platform for lawful personal, research, journalistic, academic, organizational, or other permitted purposes.
No ownership rights are transferred to you.
22Acceptable Use
You may not:
- interfere with the operation or security of the Platform;
- attempt unauthorized access to Platform systems or accounts;
- introduce malware;
- circumvent access restrictions;
- use automated scraping or extraction in violation of restrictions communicated by
Wayward Fowl;
- use the Platform to build a materially competing database through systematic
unauthorized extraction;
- misrepresent your affiliation with Wayward Fowl;
- use Wayward Fowl trademarks without authorization; or
- use the Platform in violation of applicable law.
Wayward Fowl may separately provide API or data-access terms.
23Third-Party Services
The Platform may contain links to or integrate with third-party websites, AI systems, products, databases, or services.
Wayward Fowl does not control third-party services and is not responsible for their availability, security, content, policies, or practices.
References to third parties do not imply endorsement, affiliation, or sponsorship.
24Platform Availability
Wayward Fowl may modify, suspend, discontinue, restrict, or change any portion of the Platform at any time.
We do not guarantee that any particular feature, report, database, or service will remain available indefinitely.
25Suspension And Termination
Wayward Fowl may suspend, restrict, or terminate access to the Platform where reasonably appropriate, including for:
- violation of these Terms;
- fraudulent activity;
- repeated submission of knowingly false information;
- security threats;
- unlawful conduct;
- abuse of other users; or
- conduct that materially threatens the integrity of the Platform.
Where appropriate, Wayward Fowl may provide notice or an opportunity to appeal.
26Disclaimer Of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”
WAYWARD FOWL DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND OTHER WARRANTIES TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.
WAYWARD FOWL DOES NOT WARRANT THAT USER-SUBMITTED INFORMATION IS TRUE, COMPLETE, ACCURATE, CURRENT, OR RELIABLE.
Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.
27Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WAYWARD FOWL INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM.
TO THE FULLEST EXTENT PERMITTED BY LAW, WAYWARD FOWL SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM RELIANCE UPON USER-SUBMITTED CONTENT OR THIRD- PARTY CONTENT.
Nothing in these Terms limits liability that cannot lawfully be limited or excluded.
28Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Wayward Fowl Inc. and its directors, officers, employees, agents, and affiliates from third-party claims, liabilities, damages, judgments, losses, and reasonable costs arising from:
1. User Content you submit;
2. your material violation of these Terms;
3. your violation of applicable law; or
4. your infringement or misappropriation of another person’s rights.
Wayward Fowl reserves the right to control the defense of any matter subject to indemnification, and you agree to reasonably cooperate with that defense.
29Copyright Complaints
Wayward Fowl respects intellectual-property rights.
A copyright owner or authorized representative who believes material appearing on the Platform infringes a copyright may contact:
Email: info@waywardfowl.com Wayward Fowl may establish additional procedures for notices submitted under the Digital Millennium Copyright Act and other applicable intellectual-property laws.
30Privacy
Wayward Fowl’s collection, use, storage, and disclosure of personal information are described in the Wayward Fowl Privacy Policy.
By using the Platform, you acknowledge that you have reviewed the Privacy Policy.
31Changes To These Terms
Wayward Fowl may update these Terms from time to time.
When required or appropriate, we will provide notice of material changes.
The “Last Updated” date at the beginning of these Terms identifies the most recent revision.
Continued use of the Platform following the effective date of revised Terms constitutes acceptance to the extent permitted by applicable law.
32Governing Law
These Terms shall be governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where applicable law requires otherwise.
33Dispute Resolution And Venue
Except where applicable law requires otherwise, any dispute arising from or relating to these Terms or the Platform that is not subject to a separately agreed dispute-resolution procedure shall be brought in a state or federal court having jurisdiction in Travis County, Texas.
You and Wayward Fowl consent to the personal jurisdiction of such courts.
Nothing in this Section prevents either party from seeking appropriate injunctive or equitable relief where permitted by law.
34Severability
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed where necessary, and the remaining provisions shall remain in effect.
35No Waiver
Failure by Wayward Fowl to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
36Assignment
You may not assign your rights or obligations under these Terms without Wayward Fowl’s prior written consent.
Wayward Fowl may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or transfer of the Platform or relevant business.
37Entire Agreement
These Terms, together with the policies expressly incorporated by reference, constitute the agreement between you and Wayward Fowl concerning use of the Platform.
Relevant policies may include the:
- Privacy Policy;
- Legal Disclaimer;
- Content and Community Guidelines;
- Incident Submission Terms;
- Corrections and Dispute Policy; and
- any additional terms applicable to particular Platform services.
38Contact Information
Questions regarding these Terms may be directed to:
Wayward Fowl Inc.