Last updated: August 27, 2024
Any contact regarding these Terms of Service and Privacy Policy or any issues covered by these Terms of Service and Privacy Policy must be initiated via the contact form on the Contact page.
Terms of Service
By accepting these Terms and/or by accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
The Terms constitutes the entire agreement between you and us, and govern your use of the Service, superseding any prior agreements between you and us.
There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision.
Definitions
For purposes of these Terms and Conditions, the following definitions apply:
“Terms” shall mean these Terms and Conditions.
“Services” shall mean this website and any connected or related applications, content, product or service provided and offered by us.
“Company”, “we”, “our”, or “us” shall mean the creators, owners, operators, partners, agents, and affiliates, of the Services.
“You” or “your” shall mean the people or organizations that use and/or maintain an account with our Services. If you are entering into these Terms on behalf of yourself, a company, a business or other legal or informal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms in which case the terms “you” or “your” shall refer to such entities and its affiliates.
Changes to Terms and Conditions
We reserve the right to update and change these Terms and Conditions at any time. Whenever we make a significant change to these Terms, we will refresh the date at the top of this page. When you use our Services, now or in the future, you are agreeing to the latest Terms.
General Disclaimer
Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis.
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively, but with any applications, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones. Not all reported bugs will get fixed and we do not guarantee completely error-free Services.
While we strive to keep our Services up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Services or the information, articles, templates, tools, or related graphics contained on our website. Any reliance you place on such information is therefore strictly at your own risk.
We do not warrant that the Service will: meet your specific requirements; the Service will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the Service will be accurate or reliable; the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and; any errors in the Service will be corrected.
Support
You may request technical support by sending us an email to the email address specified on our Contact page. In most cases, we will provide support via email reply. We will provide support by phone or video call when deemed necessary and at our discretion.
Violation of Terms
If you violate any of the Terms, we may terminate your account.
We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account.
Termination will result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time.
Prohibited Activities
You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any intellectual property rights or these Terms of Service.
Verbal, physical, written or other abuse, including threats of abuse or retribution, of any Service customer, Company employee or officer will result in immediate account termination.
You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction including but not limited to copyright laws.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Modifications to the Service and Prices
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Services and/or price of the Services with or without notice.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms and continued use of the Service after any such changes shall constitute your consent to such changes.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All content input by you as a user of the Service, must comply with U.S. copyright law. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
We own all rights, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use.
You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.
You must not modify, adapt or hack the Service, or modify another website so as to falsely imply that it is associated with us and /or our Services.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written permission.
Third Party Vendors and Artificial Intelligence (AI)
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, artificial intelligence, and related technologies required to run the Services.
Our Services incorporate the use of third party artificial intelligence (AI) services to provide AI-generated content, suggestions, analysis, and language translations.
By using our Services, you agree to the use of the AI technology and acknowledge and agree that the AI-generated content, suggestions, analysis, and language translations are a product of third-party artificial intelligence services and for informational purposes only.
The creators, owners, operators, partners, agents, and affiliates of our Services make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of any AI-generated content, suggestions, analysis, and language translations as they are based on machine learning models and subject to limitations and uncertainties. Any reliance you place on such information is therefore strictly at your own risk.
In no event will the creators, owners, operators, partners, agents, and affiliates of our Services be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this web application or any AI-generated content, suggestions, analysis, and language translations.
By using our Services, you agree to indemnify and hereby release and hold harmless the creators, owners, operators, partners, agents, and affiliates of our Services from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with your use of our Services, including but not limited to any errors or inaccuracies, and the AI-generated content, suggestions, analysis, and language translations or actions taken based on such AI-generated output.
It is your responsibility to exercise discretion and independent judgment in using the AI-generated suggestions. We encourage you to verify the accuracy and applicability of the content generated before taking any action or making decisions based on the AI-generated suggestions provided through our Services.
Payment, Cancellation, Termination, and Refunds
For paid Services that offer a free trial, the length of trial is specified when you sign up. After the trial period ends, you need to subscribe by paying a subscription fee for continued access to the Service. If you choose not to subscribe, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.
When you upgrade from a free trial to a paid subscription plan, your payment method will be charged immediately, and your subscription period will begin.
The subscription period, also known as the billing cycle, is the time interval at the end of which the subscription renewal fee is charged, and it is typically monthly, quarterly, or annual.
Paid subscription plans will auto renew unless you request cancellation before the end of the current paid subscription period.
You may request cancellation of your account by sending a message via the Contact page. If you cancel your account, your account will remain active through the end of the current subscription period but will not auto renew.
If you cancel a subscription, the cancellation will take effect at the end of your current paid subscription period. No refunds will be given for any unused time in the current period. You will not be billed for any period after the end of the subscription period in which the cancellation took place.
In the event of cancellation, within 30 days of after the end of the current paid up period, all content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. See our Taxes policy for more details. Otherwise, you are responsible for payment of all taxes, levies, or duties.
Security and Access
You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account including content posted by others you have granted access to your account, e.g. guest accounts that you enable.
We take measures to protect and secure your data through backups and encryption. We encrypt data via SSL when transmitted from the servers hosting our Services to your browser.
We may access your account, content, and data to help you with a support request or trouble shoot a software issue. We log all access to all accounts by IP address, so that we can verify that no unauthorized access has happened for as long as the logs are kept.
If your account was created or sponsored under a technical assistance or training program conducted by us or a third party organization, you grant permission to us and the third party organization to access your account, content, and data.
To safeguard our Services we may look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
As a U.S. company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a U.S. government authority with a legally binding order or proper request under the Stored Communications Act, or in limited circumstances in the event of an emergency request. If a non-U.S. authority approaches us for assistance, our default stance is to refuse unless the order has been approved by the U.S. government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If we are audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
Under the California Consumer Privacy Act (“CCPA”), we are considered a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms, the Privacy Policy, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use our Services in a way that violates the regulations.
Liability
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
You shall defend, indemnify, and hold harmless the Company and its partners, agents, and affiliates, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms, any of Your Content, or your other access, contribution to, use or misuse of the Services, including without limitation any claims for copyright infringement, defamation, invasion of privacy or right of publicity arising out of or in connection with any unauthorized use of the Services. We shall provide notice to you of any such claim, suit or demand. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Governing Law and Jurisdiction
These Terms your use of the Services will be governed by and construed in accordance with the laws of a State within the United States as selected by us. By accessing or using the Services, you consent and submit to the exclusive jurisdiction and venue located in a State within the United States as specified by us. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Force Majeure
We will not be liable for failure or delay in performing our obligations because of causes beyond our reasonable control, including without limitation acts of God, terrorism, war, riots, fire, earthquake, flood or degradation or failure of third party networks or communications infrastructure.
Privacy Policy
Definitions
For purposes of this Privacy Policy, the following definitions apply:
“Policy” shall mean this Privacy Policy.
“Services” shall mean this website and any connected or related application, content, product or service provided and offered by us.
“Company”, “we”, “our”, or “us” shall mean the creators, owners, operators, partners, agents, and affiliates, of the Services.
“You” or “your” shall mean the people or organizations that use and/or maintain an account with our Services. If you are entering into these Terms on behalf of yourself, a company, a business or other legal or informal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms in which case the terms “you” or “your” shall refer to such entities and its affiliates.
Identity and Access
When you sign up for our Services, we may ask for identifying information such as your name, email address, and maybe a company name. That’s so you can personalize your new account, and we can send you product updates and other essential information. We may also send you optional surveys from time to time to help us understand how you use our products and to make improvements.
We will never sell your personal information to third parties, and we won’t use your name or company in marketing statements without your permission either.
Billing information
If you sign up for one of our paid products or services, you will be asked to provide your payment information and billing address. We use a third-party credit card payment processing platform. Credit card information is submitted directly to our payment processor and does not hit our servers. All credit card transactions are processed using secure encryption. Card information is transmitted, stored, and processed securely on a PCI-Compliant network. Your credit card information is never stored on the servers controlled by us or used to host our Services.
Geolocation Data
When you access our Services, we may log the full IP address for security, fraud prevention purposes, and to mitigate future spam signups.
Website Interactions
We collect information about your browsing activity when using our Services for analytics and statistical purposes such as conversion rate testing and experimenting with new product designs. This includes, for example, your browser and operating system versions, your IP address, which web pages you visited and how long they took to load, and which website referred you to us. If you have an account and are signed in, these web analytics data are tied to your IP address and user account until your account is no longer active.
Cookies, Advertising, and Sessions
We may use persistent first-party cookies and some third-party cookies to store certain preferences, make it easier for you to use our applications, and perform A/B testing as well as support some analytics.
A cookie is a piece of text stored by your browser. It may help remember login information and site preferences. It might also collect information such as your browser type, operating system, web pages visited, duration of visit, content viewed, and other click-stream data. You can adjust cookie retention settings and accept or block individual cookies in your browser settings, although our apps won’t work and other aspects of our service may not function properly if you turn cookies off.
We may run contextual ads on various third-party platforms such as Google, Reddit, and LinkedIn. Where permissible under law, we may load an ad-company script on their browsers that sets a third-party cookie and sends information to the ad network to enable evaluation of the effectiveness of our ads, e.g., which ad they clicked and which keyword triggered the ad, and whether they performed certain actions such as clicking a button or submitting a form.
We also use sessions which store information in temporary variables to be used across multiple pages. Unlike a cookie, the session information is not stored on the user’s computer.
Voluntary Correspondence
When you contact us with a question or to ask for help, we keep that correspondence, including your email address, so that we have a history of past correspondence to reference if you reach out in the future.
We also store information you may volunteer, for example, written responses to surveys. If you agree to a customer interview, we may ask for your permission to record the conversation for future reference or use. We will only do so with your express consent.
When We Access or Share Your Information
We may access your account, content, and data to help you with a support request or trouble shoot a software issue. We log all access to all accounts by IP address, so that we can verify that no unauthorized access has happened for as long as the logs are kept.
If your account was created or sponsored under a technical assistance or training program conducted by us or a third party organization, you grant permission to us and the third party organization to access your account, content, and data.
We may also access your account, content, and data if required in order to respond to legal process when required under applicable law.
To investigate, prevent, or take action regarding restricted uses. Accessing a customer’s account when investigating potential abuse is a measure of last resort. We want to protect the privacy and safety of both our customers and the people reporting issues to us, and we do our best to balance those responsibilities throughout the process. If we discover you are using our products for a restricted purpose, we will take action as necessary, including notifying appropriate authorities where warranted.
Our policy is to not respond to government requests for user data unless we are compelled by legal process or in limited circumstances in the event of an emergency request. However, if U.S. law enforcement authorities have the necessary warrant, criminal subpoena, or court order requiring us to share data, we must comply.
Likewise, we will only respond to requests from government authorities outside the U.S. if compelled by the U.S. government through procedures outlined in a mutual legal assistance treaty or agreement.
We will notify affected users before we share data unless we are legally prohibited from doing so, and except in some emergency cases.
We will comply with requests to preserve data only if compelled by the U.S. Federal Stored Communications Act, 18 U.S.C. Section 2703(f), or by a properly served U.S. subpoena for civil matters. We do not share preserved data unless required by law or compelled by a court order that we choose not to appeal. Furthermore, unless we receive a proper warrant, court order, or subpoena before the required preservation period expires, we will destroy any preserved copies of customer data at the end of the preservation period.
If we are audited by a tax authority, we may be required to share billing-related information. If that happens, we will share only the minimum needed, such as billing addresses and tax exemption information.
Finally, if our Services are acquired by or merges with another company — we don’t plan on that, but if it happens — we will notify you well before any of your information is transferred or becomes subject to a different privacy policy.
Your Rights With Respect To Your Information
We strive to apply the same data rights to all customers, regardless of their location. Some of these rights include:
You have the right to know what personal information is collected, used, shared or sold. We outline both the categories and specific bits of data we collect, as well as how they are used, in this privacy policy.
You have the right to access the personal information we gather about you, and your right to obtain information about the sharing, storage, security and processing of that information.
You have the right to request correction of your personal information.
You have the right to request, subject to certain limitations under applicable law, that your personal information be erased from our possession. Fulfillment of some data deletion requests may prevent you from using the Services because our applications may then no longer work. In such cases, a data deletion request may result in closing your account.
You have the right to make a complaint regarding our handling of your personal information with the appropriate supervisory authority.
This is your right to request restriction of how and why your personal information is used or processed, including opting out of sale of personal information. (Again: we never have and never will sell your personal data.)
You have the right, in certain situations, to object to how or why your personal information is processed.
You have the right to object to and prevent any decision that could have a legal or similarly significant effect on you from being made solely based on automated processes. This right is limited if the decision is necessary for performance of any contract between you and us, is allowed by applicable law, or is based on your explicit consent.
You have the right to non-discrimination whereby we do not and will not charge you a different amount to use our products, offer you different discounts, or give you a lower level of customer service because you have exercised your data privacy rights. However, the exercise of certain rights may, by virtue of your exercising those rights, prevent you from using our Services.