Welcome to WriterPal. These Terms of Service ("Terms") govern your use of the WriterPal website, platform, and services (collectively, the "Service"). Please read these Terms carefully before using WriterPal.
By accessing or using WriterPal, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.
By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
We may update or change these Terms from time to time. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the WriterPal website and updating the "Last Updated" date. It is your responsibility to review these Terms periodically.
For significant changes, we will make reasonable efforts to notify you, such as through email or by placing a prominent notice on our website. Your continued use of the Service after any changes to the Terms constitutes your acceptance of such changes.
To access certain features of WriterPal, you must register for an account. When registering, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or no longer current, or if we have reasonable grounds to suspect that your account is being used for improper purposes.
You must be at least 18 years old to create an account. By creating an account, you represent and warrant that you are at least 18 years of age. If you are under 18, you may only use WriterPal with the involvement and consent of a parent or legal guardian.
WriterPal offers subscription-based access to our Service at a fee of $9 per month. Payment details and specific terms are presented during the signup process.
Billing Cycle
WriterPal offers subscription-based access to our Service at a fee of $9 per month. Payment details and specific terms are presented during the signup process.
Cancellation
You may cancel your subscription at any time through your account settings. Upon cancellation, you will continue to have access to the Service until the end of your current billing period, but you will not receive a refund for any unused portion of your current billing period.
Price Changes
We reserve the right to adjust pricing for our Service. If the subscription fee changes, we will notify you at least 30 days before the change takes effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the updated subscription fee.
Payment Processing
Payment processing services are provided by third-party payment processors. By using our Service, you agree to be bound by the terms and privacy policies of these payment processors.
Our Service allows you to post, share, and store content, including written work, feedback, comments, and other materials (collectively, "User Content").
Content Ownership
You retain all ownership rights in your User Content. By posting User Content on WriterPal, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display your User Content in connection with the operation and provision of the Service.
Content Responsibility
You are solely responsible for your User Content and the consequences of posting it. By posting User Content, you represent and warrant that:
You own or have obtained all necessary rights, licenses, consents, and permissions to use and authorize us to use your User Content.
Your User Content does not infringe or violate the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Your User Content complies with these Terms and all applicable laws and regulations.
Content Removal
We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or otherwise objectionable.
Feedback and Critique
When providing feedback or critiques on other users' content, you agree to be constructive, respectful, and to abide by our Community Guidelines.
WriterPal is built on fostering a supportive community for writers. To maintain this environment, you agree not to:
Post content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
Impersonate any person or entity or falsely represent your affiliation with a person or entity.
Engage in any activity that could disable, overburden, or impair the proper functioning of WriterPal.
Collect or store personal data about other users without their express consent.
Use WriterPal for any unauthorized commercial purposes, including advertising or soliciting funds or goods and services.
Post spam, conduct phishing, or engage in other deceptive practices.
Violate any applicable laws or regulations, including copyright and intellectual property laws.
We reserve the right to remove any content and suspend or terminate accounts that violate these guidelines at our sole discretion.
WriterPal Content and Materials
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of WriterPal and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
User Content and Licensing
By submitting, posting, or displaying User Content on or through the Service, you grant WriterPal a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such User Content solely for the purpose of providing and improving the Service.
This license terminates when you delete your User Content or your account, except to the extent that your User Content has been shared with others and they have not deleted it.
User Content and Licensing
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Service, please notify our copyright agent as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work that you claim is being infringed.
Identification of the material that is claimed to be infringing and where it is located on the Service.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
We care about data privacy and security. Please review our Privacy Policy to learn about how we collect, use, and protect your information. By using WriterPal, you agree to our collection and use of information in accordance with our Privacy Policy.
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or cancel your subscription through your account settings.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WRITERPAL NOR ANY PERSON ASSOCIATED WITH WRITERPAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.
WITHOUT LIMITING THE FOREGOING, NEITHER WRITERPAL NOR ANYONE ASSOCIATED WITH WRITERPAL REPRESENTS OR WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL WRITERPAL, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
ANY CONTENT OBTAINED FROM THE SERVICE; AND
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless WriterPal and its licensors, service providers, employees, agents, officers, and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Your violation of these Terms;
Your User Content; Your use of the Service; or
Your violation of any rights of another.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Arbitration
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
Waiver of Class Actions
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law:
No arbitration or proceeding shall be joined with any other;
There is no right or authority for any dispute to be arbitrated or resolved on a class action basis; and
There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions
You and WriterPal agree that the following claims are exceptions to the above arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction:
Any claim related to actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Entire Agreement
These Terms constitute the entire agreement between you and WriterPal regarding the Service and supersede all prior and contemporaneous written or oral agreements between you and WriterPal.
Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or a waiver of any other term, and WriterPal's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.
Assignment
You may not assign these Terms without WriterPal's prior written consent. WriterPal may assign these Terms without restriction. Any attempted assignment in violation of this section is void.
Force Majeure
WriterPal shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.