PLEASE READ THESE TERMS OF USE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF USE, IN COMBINATION WITH OUR PRIVACY POLICY, CCPA DECLARATION AND AFFILIATE AGREEMENT (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND WRITEHAND LIMITED AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “COMPANY,” “WE” “OUR” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE SITE, AND ALL OTHER INTERACTIONS WITH WRITEHAND RELATED TO THE SITE.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE SITE. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF USE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF USE SHALL PREVAIL.

Company reserves the right to make changes to these Terms at any time.  All changes are effective immediately when posted. Your continued use of the Site and/or Services following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

You should consult a lawyer for legal advice to ensure your use of the Site and/or services complies with these Terms and applicable law.

Effective date for commencement of these terms: May 15th, 2024. 

The platform accessible through the writehand.ai domain name (the “Site”) is provided by WRITEHAND LIMITED (hereinafter referred to as “us”, “we” or the “Company”), a registered New Zealand company with registered address at 1E/3 Dakota Buildings, Cheshire Street, Parnell, Auckland 1052, and New Zealand Business Identification Number 9429042033851. You may contact us by filling out our contact form or sending an email to support@writehand.ai

1. General 

These Terms of Use represent the formal legal agreement between You and Writehand Limited (“Company”), that governs the access to, browsing, and use of the Writehand.ai Site . By accessing the Site or Services, you agree to be bound by these Terms of Use. In the case you do not agree with the terms and conditions set forth herein, you must cease all use of and access to the Site and Services with immediate effect. Should you have any queries pertaining to the application of these Terms of Use please lodge an inquiry with us through our contact form or email us at support@writehand.ai.

2. Purpose

The purpose of the Site is to provide prospective clients with information that is of relevance to the business activities carried on by Company, to provide any other information which may be deemed of interest and, with respect to users that have created an account in accordance with these Terms, enable the use of the Services offered by us, consisting of the creation of dynamic forms powered by generative artificial intelligence, and any other services as may be offered by us from time to time (indistinctly referred to as the “Services”).

2(b). Minors

Both the Site and Services are not targeted towards, or intended for use by, anyone under the age of 18. You must be at least 18 years old to access and use the Site and/or Services. If you are between 13 and 18 years old, you are permitted to use the Site and/or Services only under the supervision of a parent or legal guardian. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") to create a Customer account and/or use the Site or Services, you agree to: (i) supervise the Minor’s use of the Site and/or Services and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site and/or Services and their Customer account; (iii) ensure that the content on the Site or Services is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

For the avoidance of doubt should you create an account on behalf of your company, you agree and acknowledge that said company will be the owner of the Account that is created and thereby all content created through use of Writehand Services, and any data collected through the Services will be understood to belong to your Company, absent any agreement between You and Your Company to the contrary. 

3. Accuracy and Completeness of Provided Information 

We use best endeavors to ensure that all general and business information on the Site and contained within the Services is comprehensive and error-free, and we periodically review the contents, information, and any other data of any kind included in the Site and Services. However, you acknowledge and agree that all information provided therein is solely for informational purposes, and Company provides no guarantee with respect to the accuracy of the provided information and will not be held liable for any errors in any of the provided information. We encourage you to browse the site periodically in order to avail yourself of any updates to the provided information that may be of relevance to you. 

4. Appropriate Use of the Site

Your use of the Site must at all times remain in conformance with the laws of your jurisdiction, international law as applicable, and the provisions of these Terms of Use. You agree and acknowledge that you will not use the Site for any illegitimate purpose that infringes upon Our rights or those of any third party, or in any other manner which could reasonably be foreseen to disrupt, overload or otherwise harm the Site. You agree to comply with any instructions or guidance provided by Us concerning use of the Site. 

5. Indemnification

You shall indemnify, defend, and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless, and will keep them indemnified from and against any claim, loss, expense, liability, damage or demand—including reasonable attorney’s fees— relating to, arising from, or allegedly arising from your use of the Site in breach of the law, or in breach of these Terms of Use or any other contractual obligation you have entered into between the Company and You. 

6. Limitation of Liability for Performance and Availability

We make our best efforts to ensure that the Site is available and fully functional. However, and to the maximum extent permitted under applicable law we do not warrant that the Site will always be available, undisrupted, and error-free. In particular, and without limitation, we shall not be held liable in the event of:

-Technical errors preventing regular use and caused by force majeure circumstances, acts of God, or otherwise;

-Maintenance works impacting the availability of and access to the Site,

-Damages based on the contents of the Site,

-Wrongful use of the Site, or use contrary to the law, these Terms of Use, or any other agreement between you and the Company,

-Unauthorized third party access to the Site,

-Conflicts that arise between you and other users of the Site, or

-Contents uploaded by you to the Site.

7. Protection of Intellectual Property

All works, trademarks, software, or other contents and creations displayed or otherwise provided or made available by us are owned by Company or have been licensed to Us by their owner. Unless expressly granted by their corresponding rights holders or by law, you do not have any use or ownership rights that you can exercise in relation to the above-mentioned content and creations other than for the use of the Site and/or the Services under the terms and conditions described in these Terms of Use. Therefore, unless expressly authorized by Us, you may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.

7.1. You agree and acknowledge that this is an Agreement for access to and use of the Services and accordingly you are not granted a license to or assignment of any software by this Agreement. The Site and Services are protected by intellectual property laws. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Writehand content, or the Services in whole or in part by any means, or permit or assist any third party in taking those actions, except as expressly authorized in advance in writing by us.

8. Personal Data Collection

Your use of the Site may result in the collection and further processing of information, which may include personally identifiable information (PII). We undertake to collect and process data of this type only in accordance with the terms of our Privacy Policy and Cookie Policy.

9. Content Provided by Third Parties

We are not liable for the accuracy, completeness, performance or reliability of third party websites or services that are linked to or embedded within the Site, regardless of form or purpose. We are under no obligation to review the content of any third party website or service and their inclusion within the Site is not to be taken as an endorsement, promotion, guarantee or recommendation of the linked websites and any content, services or products they contain. You acknowledge that third party terms and conditions may apply to the access and use of said services, products, and websites, and compliance with all provisions of these terms is your responsibility. 

10. Revisions

We reserve the right to update, vary or delete various elements of the Site and the information provided therein periodically. Where any such activity is likely to give rise to a service interruption we will endeavor to provide reasonable notice. 

11. Governing law and dispute resolution

These Terms of Use shall be governed and construed in accordance with the Laws of New Zealand. As this product is intended for business use, to the maximum extent permitted by law, the provisions of consumer law, in any jurisdiction, shall not be taken to apply to this agreement.

12. Miscellaneous Provisions

The illegality, invalidity, nullity or unenforceability of any section in these Terms of Use will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.

If, at any time, we fail to respond to a breach of these Terms of Use, that failure will not waive our right to act on breaches on a future occasion. A waiver will only be binding on Us if it is in writing and signed by Writehand Limited. 

Service Terms and Conditions

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, CCPA DECLARATION AND AFFILIATE AGREEMENT (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND WRITEHAND LIMITED AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “COMPANY,” “WE” “OUR” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND ALL OTHER INTERACTIONS WITH WRITEHAND RELATED TO THE SERVICES.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE SERVICES. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF USE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

Company reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Services following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

You should consult a lawyer for legal advice to ensure your use of the Services complies with these Terms and applicable law.

These Terms and conditions are applicable to the use of our dynamic AI forms, the subsequent collection, storage, management and display of form data and any other services We may provide to You from time to time (hereinafter referred to collectively as the “Services”). 

Date of last revision, May 15th 2024. 

The platform accessible through the writehand.ai  domain name (the “Site”) is provided by WRITEHAND LIMITED (hereinafter referred to as “us”, “we,” “our,” or the “Company”), a registered New Zealand company with registered address at 1E/3 Dakota Buildings, Cheshire Street, Parnell, Auckland 1052, and New Zealand Business Identification Number 9429042033851. You may contact us by filling out our contact form or sending an email to support@writehand.ai

Interpretation

“Agreement” Means these Terms of Service and all materials referred to or linked to within this document.

"Feedback” means ideas You provide to Company regarding improvements, enhancements, new features, new products, or other concepts related to the Services, or other matters related to Company's business.

“Confidential information” means all information provided by You or Us (“Discloser”) to the other party (“Receiver”), whether orally or in writing that is designated as confidential. Confidential information does not include any information that (I) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the Discloser.

“Customer Data” means all information that you submit or collect via the Subscription Service, including Personal Data. 

“Customer Materials” means all materials that you provide or post, upload, input or submit for public display through the Services

“Fees” means any fees associated with the Services, including but not limited to the monthly subscription service fee and any fees associated with add-in Services that you may purchase, including additional tokens for Generative Artificial Intelligence features.

“Information” means data about You and Your customers that Company collects using the Services, including but not limited to information required to create an Account and use the Services for the intended purpose.

“Intellectual Property” means all copyright, design, patent or trademark rights, whether currently registered or not, in relation to trade names, proprietary processes and formulae, technology, interfaces, software source code and object code, algorithms, development tools and designs associated with Writehand Services, including Writehand content, software copyright, trademark and logo copyright.

“Login Credentials” means the username and password used to access your Account

“Order Form” means the Writehand-approved form or online subscription process by which you agree to subscribe to the Services. Most orders are completed through our online payment process (Stripe) or via in-app purchase.

“Prohibited Conduct” means the behaviors described in Section 4 of these Terms of Service

“Services” means the variety of product integrations and services that We make available to You and may include third party services

“Subscription” means your Subscription to the Services for the Subscription Term specified and subscription fee refers to the amount payable for the Services. 

“Third Party Content” means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible through the Services.

“Third Party Services” means any Services owned and provided by a third party vendor that Company makes available to You as a Service on or through the Services

“Training” means any training, information or suggested usages conveyed by Company in relation to the Services.

“User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Services or communicate to Us directly

“You” or “you” or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. “You” also includes any and all agents, employees, or third parties that are authorized to act on your behalf.

1. General Provisions

These Service Terms and Conditions (“Terms”) govern the use of the services offered by us; the production of dynamic forms powered by artificial intelligence (AI), the subsequent collection, storage, management and display of form data and generative output, and any other services We may elect to provide to You from time to time (the “Services”).

You will be required to create an Account with a username and password in order to use the Writehand services and comply with all other provisions of these terms. 

2. Account Creation and Appropriate Use

a) Eligible Use Categories

For the avoidance of doubt, the Services are provided to business users only, for the carrying on of business or commercial activities. You are the owner of any Account You create unless You are acting on behalf of a business entity. When You create an account on behalf of your company, You agree and acknowledge that said company will be understood to be the owner of the Account and, hence, any content created using the Services, and any data collected through the Services will be understood to belong to your company, unless otherwise agreed in writing between You and your company. If You accept these Terms on behalf of a business entity, You represent and warrant that You have the authority to bind the business entity to these terms.

The Services have been designed for use by individuals aged eighteen (18) years of age or older. By registering for Writehand Services, you warrant and represent that you are at least 18 years of age.

b) Account Setup

(i) It is your responsibility to provide information to us that is accurate, complete and current in all respects and that does not appropriate or attempt to appropriate the name or likeness of another, in order for your account to be verified. The creation of accounts on behalf of third parties is prohibited. Should your account be registered under your Company you represent and warrant that you are legally entitled to bind said company to the terms of this Agreement. Account sharing is not permitted under this Agreement. 

(ii) Account creation provides you with access to any of the plans available on our pricing page, following the payment of the subscription fee required. If you select the agency tier you will have the ability to resell Writehand to your clients and allow them to implement their own branding and customization through the White Label Portal/App functionality. 

(iii) We reserve the right to provide different plans offering a diverse range of features and capabilities, at different pricing tiers. It is your obligation to inform us of any changes to your Account Information to ensure accuracy of record-keeping. Please note that by providing Account Information and your written acceptance of these Terms, you are entering into a legally binding agreement with Writehand Limited. 

(iv) You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Account and Login Credentials, whether or not authorized by you. You agree to notify Us immediately of any unauthorized access to or use of your Login Credentials or any other breach of security. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Account with your Login Credentials. 

c) Obligations for Appropriate Use That Are Applicable to All Parties

You and your customers if applicable, may use the Services only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Services in any way that violates any applicable law or regulation, or engage in any Prohibited Uses described in Clause 4(b) of these Terms. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Site or Services; (iii) You are fully responsible for the use of the Site and/or Services by your customers; (iv) You, your employees, agents and customers will not misrepresent the Site or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Site or Services; (vi) You own or control all rights in and to all content you provide to the Company, including, but not limited to, any code provided to customize the Services for your customers; (vii) You will be solely responsible for your use of the Services, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Site or Services; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers. 

d) Privacy Obligations Applicable to All Parties

By using the Site or Services and providing Information on or through the Site or Services, you consent to Company’s use and disclosure of the Information in accordance with the Privacy Policy available and incorporated herein by reference. You agree that We have no responsibility or liability for the deletion or failure to store any Information or Content maintained or transmitted on or through the Site or Services. When you provide your customers with access to the Services, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to You by Us. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

e) Provision of the Services

After the account creation process is completed the Services will be available for your use. Please be advised however that particular functionalities may not be available on all subscription tiers. 

3. Minimum Advertised Price 

If you are authorized to resell access to a version of the Services that is customized for or by You, You must comply with our Minimum Advertised Price Policy (“MAP Policy”) as described below:

a. Minimum Advertised Price. You cannot advertise access to the Services in any capacity, for an effective price that is lower than our specified minimum price which is currently $29 United States Dollars (USD) if access to the Services is to be billed for monthly or $290 if annual billing is used. We reserve the right to change the Minimum Advertised Price (MAP) at any time, for any reason. In the event of a change to the MAP, you are responsible for ensuring your continued compliance with the MAP Policy. For the avoidance of doubt, We may run special pricing offers, promotions, or discounts from time-to-time (“Special Pricing”). Our use of Special Pricing does not create an exception to the MAP Policy. Any changes to this MAP Policy will be communicated by a change to these Terms or by other forms of communication deemed appropriate by Company in its sole discretion.

b. Advertised Price and Final Sale Price.   The price at which you are advertising access to the Services is determined after deduction of coupon discounts, rebates, value of product giveaways, gift card amounts, and other promotional offers, that have the effect of lowering an advertised price (“Advertised Price”). The MAP Policy only applies to the Advertised Price. The final price at which you sell access to the Services (“Final Price”) is not subject to the MAP Policy.

c. Exceptions to MAP Policy.  

a. Company reserves the right to make exceptions to this MAP Policy at any time, for any reason, in its sole and absolute discretion. Such exceptions must be made in writing, and may be revoked by Company at any time, for any reason, in its sole and absolute discretion.

b. This MAP Policy does not apply to advertising within any jurisdiction in which minimum advertised price policies are prohibited by law. It is a violation of this policy, however, to transmit an Advertised Price less than the MAP Policy from any such jurisdiction to customers in any jurisdiction in which the MAP Policy is permissible.

c. For sales into the European Union and United Kingdom, this MAP Policy does not prohibit you from offering Customers discounts or communicating to customers that the Final Price could differ from the Advertised Price.

d. Restrictions applicable to sale.  When reselling access to the Services, You agree that You are fully liable to Your customers for their access to and use of the Services, and You are solely responsible for the resolution of all customer disputes and inquiries. We may offer, however We are not obligated, to assist in resolving customer disputes or inquiries in Our sole discretion. If We determine, in Our sole discretion, that You are failing to provide Your customers with adequate resolutions to their disputes and inquiries, or if We receive complaints that You are not responding to legitimate customer disputes or inquiries, We may exercise our ability to terminate Your Account with Writehand Limited.

e. You Must Not Represent Yourself as Writehand.  You are prohibited from representing yourself as an Writehand employee or otherwise implying an association with Writehand when reselling access to the Services. You may not direct your customers to contact Us for any reason, including but not limited to support provision.

f. Suspension and Termination.  We may suspend or terminate your ability to resell access to the Services in our sole discretion, with or without notice, if you violate the MAP Policy or these Terms or for any other reason in our sole and absolute discretion.

g. Prohibition of Lifetime Offers. You are strictly prohibited from offering or advertising lifetime access to the Platform at any price point. All promotions or access offerings must clearly specify a finite term, not exceeding one year unless explicitly approved in writing by Writehand. This policy ensures that pricing remains dynamic and aligned with evolving service features and market conditions. Violations of this restriction will result in immediate suspension or termination of your reseller privileges.

4. Use of your Account and Services, and Your Content

Provisions relating to the security of your Account

a) Use of your Account and Services

You shall use your account and services only for lawful purposes and in accordance with our Acceptable Use Policy which is incorporated by reference. In particular, without limitation, you shall not be permitted to:

• Access the Site, Accounts and/or the Services by any means other than through interfaces provided by us and as otherwise expressly authorized under these Terms;

• Use the Services as a hosting service or hosting system only;

• Use the Services, or any responses or media within the Services for hosting or supporting online resources, or as a data repository;

• Bypass, disassemble, remove, impair, deactivate or in any way inhibit or prevent from operating any of our security mechanisms or those provided by our service providers or other third parties, be they technological, physical or otherwise which have been put in place to protect the Site, Accounts or Services, as well as the functionality restrictions that have been put in place for the particular account type to which you have access;

• Access and/or modify non-public areas of the Site or Services, Our information technology Systems or technical delivery systems belonging to our providers;

• Use Meta-tags or other hidden text or metadata in the Site or Services, as well as forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

• Use, display, mirror, or frame the Site or Services, any individual element within the Site or Services, the layout and design of any portion of the Service or the Site, or the intellectual property rights and other proprietary rights of Company;

• Attempt to access or search the Services or Site for the purpose of scraping or downloading content from the Services or Site, or otherwise using, uploading content to, or creating new links, reposts, or referrals in the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers or search engines; 

• Reverse engineer, decompile or disassemble software used in connection with Our Site or Services;

• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or the Site;

• Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Site or the Services, or your access to or use of the Site or Services;

• Impersonate or misrepresent your affiliation with any person or entity, as well as stalk or harass other users or third parties, or share or use offensive or pornographic materials;

• Activities such as vulnerability scanning, load testing, penetration tests or bypassing our security measures in any intended way are strictly prohibited to be carried out on our platform without our previous written approval;

• Use the Services and, in particular, the functionalities aimed at ensuring interaction of the Services with our other features and/or integrations to monitor the availability, performance or functionality of our Services or the Site, or for benchmarking or other competitive purposes;

• Collect credit card information (unless using the specific questions blocks provided by us), passwords or similar login credentials;

• Send electronic communications that are not expressly requested or authorized by the recipients, or send mass and/or repetitive electronic communications (spam). In this sense, you must not use the Services to send any communications in a way not permitted by or compliant with any applicable laws or industry standards, or to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be mandated; or/and

• Otherwise, use the Account, Site or Services in a manner contrary to the rights and legitimate interests of Company or any other third party, or in any other manner that may tamper, disrupt, overload, or otherwise damage the Site or the Services. You may let us know about any abuse by filling out a complaint form on our website. 

• Use Your Account, the Site and/or Services in any way that violates any applicable law or regulation.

• Use Your Account, the Site and/or Services to exploit, harm, or attempt to exploit or harm anyone in any way.

• Use your Account to attack the Services and​/or Site via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Site and/or Services.

(b) Permitted Activities:

You, or a third party you have authorized, may carry out any action that enables the Services to interoperate and communicate with a given software program, provided that any such integration has been developed by means of the public APIs and related products and services provided by us and is carried into effect by you in accordance with our Developer Terms. However you acknowledge that third party data collection, at any point in the past, present or future through such integrations is not subject to our control or oversight and the terms and conditions of third parties may be applicable to API usage. Therefore, you acknowledge and agree that we shall not defend, indemnify, or hold you harmless from any and all costs or damages arising from those third party actions and integrations. 

c) Usage limits

You shall use the Services in compliance at all times with the provisions of these Terms and according to the usage limits specified for your plan which will be displayed on our pricing page. Usage limits may include, without limitation, restrictions on the number of features that can be used, the questions blocks that can be added to a form, or the number of authorized responses, API rate limiting, and tokens able to be generated and/or users. 

Should the response limit be exceeded, we are under no obligation to collect, store and/or process any response in excess of the applicable limits. You will be required to upgrade your plan for the provision of additional functionality, or purchase an add-on should that be applicable to your plan at additional expense.

  We have no liability for the effect that your excessive data use may have on performance.  If, in Our sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Site or Services in anyway, we may (1) require that you upgrade your Services in order to continue your present activity levels if your data use exceeds the intended use of your existing Service tier or if Our operational costs to support your usage of the Services exceeds the subscription price; (2) suspend or terminate your use of the Services, and/or (3) reduce the amount of data you are able to use.

d) Alpha or Beta Services

You may be offered to take part in early access programs to use so-called alpha or beta versions of the Services (“Beta Services”). Beta Services may not work in accordance with the documentation we may provide you with, or they may contain errors, defects or bugs, as you acknowledge and agree. You thereby acknowledge and agree that we do not make any representations or warranties with respect to the suitability, reliability, performance or otherwise of Beta Services and disclaim all liabilities that may arise from their use by You. Beta Services may be discontinued at any time, for no reason and without prior notice, and nothing in these Terms shall be construed as requiring us to release Beta Services as part of our regular Services.

e) Material Uploaded to the Service by Third Parties or Account Holders

The Site and the Services may include information, graphics, text, images, and other materials uploaded by other Account holders or third parties. Said materials are solely for your use in connection with the Site and Services, and their legality, accuracy, and completeness are the sole responsibility of the party that has uploaded them to or provided them as part of the Site or the Services. Use of the materials may be subject to specific terms and conditions or license terms, and you are responsible for obtaining any required licenses or authorizations, and for complying with any licenses or terms and conditions applicable to them.

f) Data transfer using third-party service providers

To ensure you are provided with high-quality services, from time to time we may rely on third party service providers. You understand that those providers act beyond our reasonable control and that we shall not be held liable for any damages caused by an action or omission attributable to them.

You may elect to leverage third party tools or integrations to process information collected using Writehand. In every such case, you acknowledge and agree that we are not responsible for the actions of said third party processors as such actions are beyond our reasonable control. We hereby disclaim all liability for damages arising out of the use of the information transmitted through these third parties by them, or in the event that you decide to transfer information to those third parties by using non-secured means (e.g. non-https transfer protocols). 

We recommend that you carefully review any terms and conditions governing the use of third parties’ services and any integration tools they may offer before you start using their services. Note that the use of said services may result in the transmission of any kind of information (either confidential or having a personal nature, among others) outside our platform, and third parties not related to Company may subsequently be gaining access to, modifying, or even deleting said information.

g) Content you upload to the Service

We assert no right of ownership over the content you upload or otherwise use in relation to the Services or Site. However, to ensure we can provide you with the Services or access to the Site, you grant us a worldwide, royalty-free, transferable, sublicensable, non-exclusive license to use, reproduce, distribute, communicate and publicly perform or display (including, among others, the rights to broadcast and transmit), transform and modify, and/or adapt your content in connection with the operation of the Site and/or the Services. This license is limited to the extent necessary to provide you with the Services only, and we shall not use your content for any other purposes. You represent and warrant that you have the rights necessary to grant the license hereunder, and that your content does not infringe the law or third party rights or interests. 

Please note that by submitting content, including images and videos, into the Services, said contents may be made publicly available to third parties. Please evaluate whether you want to share said content under those conditions before submitting it as part of the Services.

You shall not upload any content to the Services that is (i) unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content; (ii) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise; (iii) Infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party; or (iv) Breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of the Site or Services, or attempts to gain access to other networks or servers via your Writehand Account.

h) Intellectual Property Rights of Third Parties

Without prejudice to section 4.b above, you agree not to upload into the Services or the Site, or post, email, transmit, share, or otherwise use, in conjunction with, or related in any manner with the Services or the Site, content for which you do not have the prior authorization from titleholders to perform such activities with. We are not responsible for said content nor the actions you may take with respect to the content, and you shall not use third party content to which intellectual property rights may apply, such as images, videos or trademarks, unless you have first obtained the permission of the owner.

It is strictly forbidden to use the Services to circumvent the rights of any titleholder upon its intellectual property or other exclusive rights, such as, for instance, providing through the Services links to P2P platforms including infringing materials.

We may delete at any time any content that breaches this section, without prior notice and accepting no liability for any such deletion. 

All works, trademarks, software, or other content and creations displayed or otherwise provided or made available by us are owned by Company or have been licensed to Us by their owner. Unless expressly granted by their corresponding rightsholders or by law, you do not have any use or ownership rights that you can exercise in relation to the above-mentioned content and creations other than for the use of the Site and/or the Services under the terms and conditions described in these Terms of Use. Therefore, unless expressly authorized by Us, you may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.

i) Our Right to Undertake Content Review

You acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud, or investigate unlawful content reports, we may be required by third parties to review certain content submitted by you to determine whether it is illegal or whether it breaches these Service Terms and Conditions. We may in our sole discretion modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, you acknowledge that we have no obligation to monitor or review any content submitted by you.

j) Your Contractual Obligations and Third Party Data

Your use of the Services may result in the collection and further processing and analysis by you of information belonging to third parties (the “Respondents”). Any contractual relationship existing with Respondents is entered into between you and them. You are fully responsible for meeting any applicable obligations when contacting Respondents and processing their data.

k) Compliance with our requests

You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of Company in connection with the use of the Site, your Account, or the Services.

l) Third Party Provision of Artificial Intelligence Functionality

In order to provide the Artificial Intelligence (AI) functionality we require the collaboration of Open AI. You hereby acknowledge that Open AI is not an affiliate, partner, agent or representative to us. We do not make any guarantees, representations or warranties of any kind to you regarding the availability of the Open AI service that supports the AI functionality. We disclaim any liability for any third-party IP, including their accuracy, integrity, quality, legality, usefulness or safety, or any intellectual property rights therein. The availability of any third-party IP does not imply our endorsement or affiliation with any provider of such third-party IP and does not create any legal relationship between such provider and you.

You are solely responsible for your use of all aspects of the Services that leverage technology provided by Open AI, and any losses or liabilities of any kind associated with that use. You shall comply with all rights, obligations, conditions, policies, laws and regulations pertaining to such third-party IP. You shall defend us, indemnify us and hold us harmless from and against any and all losses, settlements, damages, liabilities, judgments, obligations, fines or sanctions, costs, and expenses (including reasonable attorney’s fees) (collectively “Losses”), arising out of any claim, proceeding, demand, suit or action (collectively “Actions”) brought by a third party related to your use of the Services that leverages functionality provided by Open AI.

We do not have access to your Open AI API keys. Once integrated, Your API keys from the Open AI API are encrypted immediately using encryption protocols that conform with industry best practices. This measure is designed to help protect your API keys and ensures that they are securely stored and transmitted.

By using Writehand, you agree as well to comply with all Open AI terms and conditions, which can be found here, respectively, including any restrictions on use contained therein. You acknowledge that data you provide to Open AI through the Services may be used to train and improve their Generative Artificial Intelligence systems, including the GPT 4 model. Our systems have been designed however to ensure data submitted to our forms is not used for model training purposes as it is processed via the OpenAI API, which has been declared by OpenAI as a route that bypasses their model training.

5. Fees and payments

Payment for the Services shall be subject to the following payment terms and conditions:

a. Fees

Your use of the Services is conditional upon your payment of all fees when they fall due. All fees for paid subscriptions are invoiced in advance, with monthly or annual frequency, depending on the subscription period chosen, unless otherwise provided for in an Order Form or Statement of Work executed by the parties. Fees may be subject to change from time to time. New charges will be levied following the provision of written notice to you via the Site, Services and/or email. By continuing to use the Services following any fee increase you shall thereby be bound by the new or increased charges. You agree and acknowledge that fees will be billed to the credit card we have on file for your account and credit or debit card is the payment method to be used absent written agreement with You to the contrary. Fees will be billed to the credit card we have on file.   You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 7 calendar days of the change.

Payments are processed by Stripe, our designated payment processor that has attained certification to PCI Level 1. This means we are not permitted to access or store Your payment information in any form. You agree and acknowledge that by providing your credit or debit card you are authorizing the charging of the card provided on a recurring basis to collect all Fees due. Updating of payment method details is Your sole responsibility and you must ensure details are accurate, complete and up-to-date. You acknowledge that failure to do so may lead to suspension or termination of your account.

b. Certain Fees may not be cancelled

Some Subscription Services require a minimum subscription period during which cancellation shall not be effected by You. Fees for minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment period has ended.

c. No Increase in Fees  

You are not permitted to add margin to or increase any Writehand Fees that you Oncharge to Your customers or other third parties. You have sole responsibility for all Oncharged Fees and associated expenses, including but not limited to refunds and chargebacks of any Oncharged fees. We are not responsible for resolving issues or disputes between You and Your customers regarding Oncharged Fees. 

You have sole responsibility for taxes levied from the use of the Services and transactions you conduct with your customers. You may have to indemnify Us if there is a tax issue related to Your use of the Services.

We reserve the right to terminate your account if payment is not received from you. Should a payment dispute arise, you are obligated to inform us at the earliest opportunity.

d. Taxes

Taxes and other governmental assessments associated with your use of the Services, including all Taxes associated with transactions you conduct with your customers are your sole responsibility. We may collect Taxes from you that will be included as part of the Fees as required by law, or as we deem appropriate, and all determinations by Us are final. We reserve the right to recalculate and collect additional taxes from You if We determine at any time they are due for collection. You hereby indemnify Us for all Claims related to Taxes that are associated with your activities using the Services, including any Taxes associated with Your transactions with customers as further outlined below. No tax refunds will be made.

If you are required to deduct or withhold any tax, you must pay the amount deducted or  withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.

e. Overdue Fees

If your credit card company, for any reason, declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Services and/or their delivery and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us.   In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

f. Disputes concerning payments

You are required to provide us with written notification within forty-five (45) days of the date we bill you for any invoiced Fees or charges that you wish to dispute.   You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute.   Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute.   All determinations by Us regarding your obligation to pay invoiced Fees and charges are final.

g. No Refunds or Credits

Except as described below,  all Fees assessed by Us are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. We do not provide Fee refunds or credits for such errors or omissions, or for partially used or unused subscriptions to the Services, regardless of the tier to which you have subscribed.   If you sign up for a subscription but do not access the Services, you are still responsible for all Fees during the term of your subscription.  Except as may be required by law, We reserve the right to issue or deny a refund or credit in Our sole and absolute discretion, at any time, for any reason, and Our determination of if and when to issue or deny a refund or credit is final.

h. Cancellation

You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided on account of your failure to properly cancel the Services associated with your account.

i. Requirement for Continued Validity of Payment Method

Where a change in payment information is provided to us by your credit card company, such provider may provide us with updated payment details, which we will then use to ensure you continue to have access to the Services. You hereby authorize us to continue charging your card for the Subscription Fees as they fall due using the updated information. In the event of payment failure, we reserve the right to retry the card we have on file. If a payment is not successfully authorized because of expiration, insufficient funds or otherwise we may suspend or terminate your subscription to the Services. You will remain responsible for any amounts you fail to pay in connection with your paid subscription; including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees and court costs. You also agree that we may charge your payment method on file if you decide to restart your Paid Subscription. 

j. Financial Transaction Responsibility

You are solely responsible for all financial transactions you and your customers engage in using the Services, including transactions conducted using billing tools enabled by the Services.   You are exclusively responsible for all chargebacks related to activities carried out by you and your customers, the reason for the chargeback notwithstanding.

k. Upgrade of Subscription 

If you purchase a given subscription tier and reach the usage limits for that tier, you may wish to upgrade to a higher tier. Should you avail yourself of the upgrade functionality in the Services you acknowledge this represents express authorization from you to charge your account the difference between your current subscription charge and the subscription tier you are upgrading to, prorated to the remaining days of your Subscription Period. The paid subscription tier you have upgraded to will then be billed for on a monthly recurring basis.

6. Term

(a) The Services shall be accessible from the moment the subscription process is finalized, and shall be available to you unless you terminate your Account through our billing portal. Paid plans are subject to a particular term, as selected by you when signing up for said Services, and shall automatically renew on monthly or annual periods, depending on the term contracted, unless you, at any time, decide to cancel their renewal through the “My account” section. In any such cases, except if you decide to cancel your entire Account, the subscription you have paid for will run for the entire contracted term, and your Account will be downgraded to basic functionality only. 

(b) As mentioned above, you may terminate your Account at any time, and we reserve the right to terminate your Account under certain circumstances as set forth in section 7 below. The provisions of these Terms apply as long as you hold an account with us.

(c) You will have access to all Content created by you at the conclusion of the term, however account termination will result in the deletion of all data, including Content. You must make a request to us in accordance with clause 7(e) below for your data to be retained within 30 days of termination if you would like to retrieve Your data. For the particulars of personal data processing following Service termination, please consult our Data Processing Agreement and CCPA disclosures. 

7. Suspension and termination of the Account

These terms will remain in full force and effect so long as you maintain an Account with Us. The sections of these Terms that are intended to survive termination of your Account will remain binding even after you are no longer a user of the Services.

(a) Scope of our Right of Suspension or Termination

You agree that We, in Our sole discretion, may suspend or terminate Your access to the Services (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to the Services, and reporting you to the proper authorities, if necessary. Upon termination or expiration of this agreement you will stop all use of the Services.

b) Our Grounds for Suspension or Termination of Your Account

We are entitled to suspend or terminate your Account, depending on the gravity of the breach, in the event that you (i) provide us with information that is misleading, inaccurate, fraudulent, outdated or incomplete when you create your account, (ii) fail to comply with the provisions of these Terms or your legal obligations, or (iii) if you oppose the appointment of any sub-processor under our Data Processing Agreement.

We shall have the right to modify, prevent access to, delete, or refuse to host, display or make available content that is believed to violate the law or these Terms, either by the way in which said content is used or analyzed or by the way it interoperates with other content, entities or people.

Except for those cases in which the content at issue could give rise to Us being liable for breach of applicable law or when it is necessary to act swiftly in the interests of prevention of harm to a particular individual, we will provide you with reasonable advance notice regarding our intentions and give you sufficient time to take corrective action. 

Your account will be terminated should you fail to rectify a substantive breach of these Terms for a period greater than 14 days, following the provision of breach notification to you. Should the breach be of sufficient gravity as determined by us, including without limitation any case in which the Account is used to (i) commit fraud (e.g. to carry out phishing attacks) or (ii) violate applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement, (iii) engage in repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity, then we reserve the right to terminate your account without the provision of any notice to you. 

The agreement is immediately terminable by either party if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors.

Should your account remain inactive for a period exceeding 12 (twelve) months we reserve the right to terminate it. This is to ensure that Service bandwidth is provided only to active users and the Services remain speedy and effective.

Please note that in all these cases you may lose all the information stored in your Account, such as surveys and responses.

c) Suspension for non-payment.

We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Services ten (10) days after such notice. We will not suspend the Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If access is suspended for non-payment, we may charge a reactivation fee to reinstate access to the Services

d) Suspension for Present Harm.

If your website on, or use of, the Services: (i) is being subjected to denial of service attacks or other disruptive activity, (ii) is being used to engage in denial of service attacks or other disruptive activity, (iii) is creating a security vulnerability for the Services, (iv) is consuming excessive bandwidth, or (v) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the Services. We will try to limit the suspension to the affected portion of the Services and promptly resolve the issues causing the suspension of the Services.

e) Retrieval of Customer Data. 

As long as you have paid all fees owed to us, if you make a written request within thirty (30) days after termination or expiration of your Subscription, we will provide you with temporary access to the Services to retrieve, or we will provide you with copies of, all Customer Data then in our possession or control. If we provide you with temporary access to the portal, we may charge a reactivation fee. We may withhold access to Customer Data until you pay any fees owed to us. Thirty (30) days after termination or expiration of your Subscription, we will have no obligation to maintain or provide you the Customer Data and may, unless legally prohibited, delete all Customer Data in our systems or otherwise in our control.

f) Termination by you. 

You may terminate your Account at any time by using the account termination option. However please be advised that We require written notice at least 30 days before your next billing date. If you terminate your Account you may still be able to access the Site, but you will not have access to the Services, features and content that are available to Account holders. Please note that exercising your right to terminate may result in data loss.

8. Cancellation of your subscription - Withdrawal Right

The Services are available upon completion of the signup process and creation of your Account. By creating your Account and expressly requesting the Services, you waive your withdrawal right, if applicable.

9. Representations and warranties. Disclaimer of warranties and damages

In addition to any other representations and warranties included in these Terms, You represent and warrant that you have the full power and authority to enter into these Terms, and that any approvals, consents and permissions, if any, have been obtained. In addition, you further represent and warrant that you will (i) use the Services in accordance with the provisions of these Terms as well as any reasonable instructions delivered by Company—or by any of our authorized representatives— from time to time; (ii) agree to any contents or data used in connection with the Services being uploaded, processed or otherwise used and acquired having obtained any necessary approvals, authorizations or licenses, and complying with any applicable laws, rules, regulations, directives and governmental requirements in the fields of privacy, intellectual property and/or image rights; and (iii) provide your reasonable cooperation in the event that we need any evidence to prove before competent authorities and/or courts the satisfaction of the requirements or consents referred to therein.

To the fullest extent permitted by applicable law, the Site and the Services are provided “as is”, “with all faults” and “as available” and the entire risk of use and performance remains with you. The Company disclaims any representations, warranties, or conditions, express, or implied, or statutory, including, without limitation, (i) the implied warranties of merchantability, fitness for a particular purpose, and non-infringement; and (ii) that the Services and the Site will be available or provided on an uninterrupted, error-free, timely, or secure basis, will be error-free or free from viruses, worms, or other harmful or malicious components. You may have additional rights under your local laws that these Terms cannot supersede and, in any such cases, the Company’s liability is limited in accordance with and to the extent permissible under said local laws.

COMPANY SHALL NOT WARRANTY ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR THIRD PARTY SERVICES, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY OR THROUGH THIRD PARTY SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE OR SERVICES, INCLUDING ANY   FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE APPLICABLE LAWS IN YOUR JURISDICTION

10. Limitation of liability

To the maximum extent permitted by applicable law, in no event will Company be liable for any indirect, consequential, incidental, exemplary, punitive, or special damages, including without limitation any damages to or for loss of data, revenue, profits, goodwill, or other intangible losses arising from or relating to these Terms, your Account, or the Services. To the maximum extent permitted under applicable law, this limitation will apply to all claims under all theories of law and equity.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY SERVICES OR DISRUPTIONS THEREOF, OR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR SERVICES OR CONTENT OR FOR TRANSACTIONS WITH THE THIRD PARTY THROUGH THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

Subject to section 9 above and this Section, Company’s maximum, aggregate or cumulative liability to you, for direct damages or under these Terms (including under section 9 above, this Section 10, or any other contractual obligations) or tort (including negligence and statutory duty) will be limited to the lesser of five thousand dollars or the total amounts you have actually paid for the use of the Services in the twelve month period immediately preceding the event giving rise to a claim.

Limitation and/or exclusion of liability and warranties may be limited in certain jurisdictions. To the extent that the limitations and exclusions in sections 9 and this Section cannot be enforced or are considered void or illegal, either in whole or in part, said sections shall be construed and enforced in the sense of limiting the scope, duration and/or extent of the liability and/or warranty provision at issue. Nothing in these Terms shall be understood to limit or exclude your liability for the price owed in excess of any third party products liability caps hereunder.

11. Indemnity

You agree to defend, indemnify, and hold Company harmless  against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Site and/or Services (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms   by you, your employees, agents, or customers; (c) the wrongful use or possession of property belonging to Company by you, your employees, agents, or customers; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers; (e) misrepresentations by you, your employees, agents, or customers (f) violation(s) of applicable law by you, your employees, agents, or customers, (g) your actions and the actions of your employees, agents, or customers; (h) Taxes and other Fees and/or (j) any disputes between (1) you and other users (2) you and your client(s) and/or (3) your customers.

If the Services are found to violate any third-party intellectual property right(s), at our option we may: (a) obtain the right for you to continue to use the Services as contemplated by these Terms; (b) modify or replace the Services, in whole or in part, to seek to make the Services non-infringing; or (c) require you to immediately cease and desist from any use of the Services. 

12. Appropriate use of Forms and Related Services

(a). Categories of Information Not To Be Submitted through Form Service. You agree and acknowledge that the forms we provide to You through the Services, independently of our third party payment processor Stripe, are not intended for the submission of sensitive personal and/or financial information and we shall not be held liable for any data breach or the consequences thereof, that may occur that arises out of or is directly attributable to the use of the Services in such a manner by You, your employees, agents, or customers. For the avoidance of doubt the following categories of information, containing any of the following datasets or intended to be used in connection with any of the following purposes, are deemed to be of a sensitive nature and should not be submitted to the Services provided by Writehand Limited:

(I) Social Security Numbers or other identification numbers issued by any governing authority in any jurisdiction such as Driver License Numbers;

(II) Information regarded as health information subject to the Health Insurance Portability and Accountability Act (HIPAA), or other information relating to a data subject’s health insurance, medical history, mental or physical condition or medical treatment or diagnosis;

(III) Credentials allowing access to online accounts, including accounts that hold financial information;

(IV) Credit Card information, including card numbers, expiry dates or security codes;

(V) Data that identifies any individual of minority (under the age of 16 years) or any other data that falls within the purview of the provisions of the GDPR as they relate to the privacy of minors;

(VI) any other data classified under GDPR 679/2016 as falling within a special data category;

(VII) any data that pertains to weapons development, explosives, or other military/warfare;

(VIII) any data concerning management or operation of critical infrastructure – such as power, gas, water supply, sewerage treatment or transportation infrastructure

(IX) multi-level marketing; gambling; payday lending; automated determinations of eligibility for credit, employment, courses of study at an institution or government assistance programs

(X) The use of the Services for political purposes; including the generation of high volumes of campaign materials - whether targeted towards specific demographics or the public at large, the building of chatbots or similar for the dissemination of campaign messages or the facilitation of political advocacy or lobbying, or the building of products for political campaigning or lobbying;

(XI) The use of the Services for facial recognition of private individuals; individual classification according to prohibited characteristics, including the use of biometrics for identification or assessment;

(XII) Unlawful collection or disclosure of personally identifiable information that relates to educational, financial or other sensitive records;

(XIII) Engaging in the practice of law without authority, or engaging in the provision of legal advice without consultation with a legal professional before providing such advice;

(XIV) Providing financial advice without a qualified person providing oversight as appropriate.

(b). Form Respondent Consent. You shall inform your respondents of the following; (i) that the Service uses generative artificial intelligence; and (ii) that form submission data is processed by the Service and how this occurs (in consideration of the product functionality supporting form response collection) obtaining all necessary consents in order to comply with data protection law as applicable in your jurisdiction, before respondents interact with your forms.

13. Limitation Period for Claim Filing

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES PROVIDED TO YOU BY US MUST BE COMMENCED WITHIN THREE (3) MONTHS OF THE ACCRUAL OF THE CAUSE OF ACTION, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

14. Amendments to the Terms. Other notices.

We may modify these Terms from time to time. We will provide you with reasonable prior written notice of any substantive changes, to be sent via email or in-product notifications. If you do not agree to any amendments to the Terms, you shall (as your sole remedy) stop using the Site and the Services. By continuing to use the Services or the Site, you are providing your agreement to be bound by the updated Terms.

We may notify you about any topic related to this contract via email or in-product notifications. It is your responsibility to check those regularly to be informed about any changes

15. Confidentiality Obligations

The Receiver will: (i) protect the confidentiality of the Confidential Information using the same degree of care that it uses with its own confidential information of similar nature, but with no less than reasonable care, (ii) not use any Confidential Information for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information to any third party (except our third party service providers subject to obligations to hold information in confidence), and (iv) limit access to Confidential Information to its employees, contractors, advisors and agents. In the event that disclosure of the Confidential Information is made in accordance with (iv), the Receiver must take care to convey that the information is Confidential Information. Upon notice to the Discloser, the Receiver may disclose Confidential Information if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.

16. Modifications and Updates Made to the Services

Due to the constant updates and changes made by Writehand to improve the Services and ensure that you can use them in a seamless way and that the Services promote API Interoperability, we may add, alter, or remove functionalities from a Service at any time. Moreover, the Company may implement any updates to the Services (including security updates) which will be applicable to some or all users collectively at any time. Any modifications implemented under this clause will be applied without charge.

17. Modifications to this Agreement

 We may update and change any or all of the Terms in this Agreement, including the fees and charges associated with the use of the Services.  If we update or change the terms of this Agreement, the updated Terms will be posted at  https://writehand.ai/legal/terms-of-service  and we will let you know of the changes via email. The updated Terms will become effective and binding on the next business day after posting. When we change the Terms of this Agreement, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review these Terms periodically.

17.2. Notice of objection

If you do not agree with a modification to this Agreement, you must notify us in writing within thirty (30) days after receiving notice of modification. If you give us this notice, your subscription will continue to be governed by the terms and conditions prior to modification for the remainder of your current term. Upon renewal, the terms of the updated Agreement published by us on our website will apply.

18. Affiliate Program Participation

We offer an Affiliate Program under which approved Affiliates may receive commission at a rate determinable by Us for referring new accounts to the Company. Your participation in the Program is conditional upon approval by Us and Your acceptance of the Affiliate Agreement, which is incorporated herein by reference. You are required to establish an account in our affiliate portal in order to be paid out Your commission. You acknowledge that commission payments may be forfeited if we are unable to submit payment to Your affiliate account for any reason. 

19. Provision of Feedback to Us

If you provide Feedback to Us, you agree and acknowledge that the submission of said Feedback is voluntary, gratuitous and not subject to any obligation of confidentiality, and we are under no obligation to use Feedback for any purpose. You grant the Company and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to Us in the absence of restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works from, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of Writehand or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You represent that the Feedback is your own original work, you have all necessary rights to disclose the Feedback to Us, and neither your disclosure of the Feedback nor Our review and/or use of the Feedback will infringe upon the rights of any other individual or entity. If your Feedback is the subject of a patent that is pending or has been issued, You are required to disclose that fact to Us prior.

20. Feedback Indemnification

You hereby irrevocably release and forever discharge Company  from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Company with respect to the Feedback, including without limitation how Company directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at Company's option and at your sole expense) to defend, indemnify, and hold Company harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys' fees, which Company may incur as a result of use of the Feedback in accordance with these Terms.

21. Miscellaneous Provisions

(a) Invalidity. The illegality, invalidity, nullity, or unenforceability of any of the sections of these Terms will not affect the validity of any other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.

(b) Injunctive Relief. You agree and acknowledge that a material breach of these Terms of Service will cause irreparable injury to Company, incapable of being remedied by monetary damages, and Company will be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security. 

(c) Waiver. If, at any time, we fail to respond to a breach of these Terms by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on Company if it is in writing and signed by Company. 

(d) Entire Agreement. These Terms constitute the entire agreement between you and Company with respect to your Account and the Services. Both you and Company, warrant to each other that, in entering these Terms, neither Company nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms.

(e) Assignment. The rights and obligations set forth in these Terms or the Agreements incorporated by reference herein cannot be assigned to any third party without the prior written consent of Company. Moreover, any decisions taken by Company are final and binding. Company may assign its rights under these Terms at any time, without notice to you. 

(f) Grant of License. You grant to Company a perpetual, worldwide, royalty-free, transferable, sublicensable, non-exclusive, irrevocable license to use, reproduce, modify or transform, distribute, communicate to the public, and otherwise exploit any suggestions, ideas, enhancement requests, feedback, recommendations or other information or ideas provided by you or any third party on your behalf relating to the Services, Site, deliverables, images or the software.

(g) Use of Logo and Trademarks. If you are a company, we may use your trade name and trademarks on our Site and any other promotional materials produced by us from time to time. To this extent, you grant to us a non-exclusive, non-sublicensable, royalty-free, worldwide license to use said intellectual property, it being understood, however, that we shall use said intellectual property in accordance with the industry standards.

(h) Your Platform Customizations. Depending on the plan you have selected, you may have the ability to customize various aspects of the Services, incorporating your name, logo, trademark, and color scheme into your individual access area within the Services. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers’ customized look and feel. You acknowledge that you may not be able to customize the Services according to your unique branding to the extent that your customization would appear to be independently developed.  Company may remove any of your modifications at any time without advance notice and without liability to you. 

(i) Precedence.  In the event of any conflict between the provisions of these Service Terms and the Terms of Use, the Privacy Policy, or any other terms included by reference into these Terms, these Terms shall prevail.

(J) Relationship of the parties. You and We agree that no joint venture, partnership, employment, or agency relationship exists between us.

(K) No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

(L) Survival. The following provisions of this Agreement shall survive its expiration or termination: ‘Interpretation,’ ‘Fees and Payments.’ ‘Suspension and Termination of the Account,’ ‘Representations and Warranties,’ ‘Limitation of Liability,’  and ‘Indemnity.’ 

22. Support, Contact and Complaints

You can contact us in case you have any doubts, comments or concerns by the following means:

legal@writehand.ai 

23. Force Majeure

Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; pandemic emergencies or other events outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effects of a force majeure event.

24. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the Laws of New Zealand, without reference to conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any dispute that may arise from or in connection to us and/or the Site or the Services shall be subject to the jurisdiction of the courts located in Auckland, New Zealand.