Please read these Terms of Service (the "Terms") and our Privacy Notice ("Privacy Notice") carefully because they govern your use of the PowerWriter.ai ("PowerWriter.ai," "we," or "us") website and PowerWriter.ai's content generation services, including any content generated by PowerWriter.ai's services for you based on your User Content (defined below) ("Generated Content"). To make these Terms easier to read, our website and services, including Generated Content, are collectively called the "Services."
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND POWERWRITER.AI THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION.
By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.
Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.
We may update the Terms from time to time in our sole discretion. If we do, we'll let you know by posting the updated Terms on the website and/or may also send other communications. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don't agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services only if you are 18 years or older and capable of forming a binding contract with PowerWriter.ai, and not otherwise barred from using the Services under applicable law.
For certain features of the Services you will need an account. It is important that you provide us with accurate, complete and current account information and keep this information up to date. If you don't, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You are responsible for all activities that occur under your account.
PowerWriter.ai operates on a credit-based system. Users can purchase credits which can be used to generate content through our Services. Different types of content generation may require different amounts of credits.
We use Stripe, Inc. ("Stripe") as our payment processor and they handle all payment information. When you purchase credits, you expressly authorize us and Stripe to charge you for such credits. By making a purchase, you acknowledge and agree that your payment information will be processed by Stripe and subject to Stripe's Privacy Policy (https://stripe.com/privacy) and Terms of Service (https://stripe.com/legal). We do not collect or store your full credit card information.
When you make a purchase, you may need to provide certain payment information, including your credit card number, expiration date, billing address, and authentication details ("Payment Information") directly to Stripe. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. You acknowledge that PowerWriter.ai is not responsible for the security of Payment Information provided to Stripe.
All credit purchases are final and non-refundable except as expressly provided in these Terms or required by applicable law. Credits have no monetary value and cannot be exchanged for cash. Credits do not expire but may be subject to forfeiture in the event of account termination for violations of these Terms.
All payments must be made in U.S. dollars. You are responsible for paying any applicable taxes, including sales tax, value added tax (VAT), or other governmental taxes or fees associated with your purchases.
Any payment disputes must be directed to us at support@powerwriter.ai. We will work with Stripe to resolve any payment-related issues. You agree to provide any additional information necessary to resolve payment disputes.
We may offer new users a free trial that includes a limited number of credits. The specific terms of your Free Trial will be provided at signup. Your use of the Free Trial is subject to your compliance with such specific terms. Certain limitations may exist with respect to combining Free Trials with any other offers. Free Trials are only available to users who have not previously held an account.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services ("Feedback"). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Our Services may allow you to generate or share content such as text and settings. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as "User Content". PowerWriter.ai does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
By making any User Content available through the Services you hereby grant to PowerWriter.ai a non-exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license, with the right to sublicense, to use, host, store, copy, communicate, modify, create derivative works based upon, distribute, publish, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by PowerWriter.ai on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Subject to your compliance with these Terms, PowerWriter.ai hereby grants you a non-exclusive, worldwide license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform Generated Content for your lawful business purposes.
- Only in a lawful manner and in compliance with all applicable laws;
- In accordance with the Terms, the license granted in Section 7(d), and any documentation, usage guidelines, parameters, and other requirements provided to you by PowerWriter.ai;
- In a manner that does not infringe, misappropriate, or otherwise violate any of PowerWriter.ai's rights or those of any other person or entity;
- In a manner that does not violate these Terms, any agreement between you and anyone else or our or a third party's rights; and
- In compliance with any usage limits or other restrictions that may be established by PowerWriter.ai from time to time.
- Generate, post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Distribute, sell, lend, transfer or grant any rights in or to any or all of the Services (except for Generated Content as permitted under this Agreement);
- Create any software that functions substantially the same as the Services and offer it to third parties;
- Modify, alter, tamper with, repair or otherwise create derivative works of the Services;
- Use the Services in connection with any spyware, malware, virus, worm, trojan horse, or other malicious or harmful code;
- Use the Services to discover any underlying components of PowerWriter.ai's models, algorithms, and systems;
- Remove, obscure, or alter any notice of intellectual property right appearing on or contained within the Services;
- Use automated scripts, bots, or other automated methods to access the Services or generate content;
- Attempt to circumvent any credit usage limitations or create multiple accounts to avoid purchasing credits;
- Use web scraping, web harvesting, or web data extraction methods to extract data from the Services;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use the Services for any commercial purpose or for the benefit of any third party in any manner not permitted by these Terms;
- Interfere with, or attempt to interfere with, the access of any user, host or network;
- Collect or store any personally identifiable information from the Services from other users without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Provide or upload any protected health information to the Services;
- Use the Services to generate content intended to deceive or mislead;
- Use the Services in a way that violates any applicable law or regulation.
PowerWriter.ai is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, ensuring compliance with these Terms, and complying with applicable law or other legal requirements. We reserve the right to remove or disable access to any content at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Services.
PowerWriter.ai respects copyright law and expects its users to do the same. It is PowerWriter.ai's policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see PowerWriter.ai's Copyright Policy at Copyright Policy, for further information.
The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at [contact email]. Upon any termination, discontinuation or cancellation of the Services or your account, all remaining credits will be forfeited, and the following Sections will survive: 5(b), 5(c), 5(d), 7(b), 7(c), 7(d), 8, 9, 11, 12, 13, 14, 15, 16 and 17.
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
You will indemnify and hold PowerWriter.ai and each of our officers, directors, employees, representatives, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, (c) your violation of these Terms, or (d) your actual or alleged infringement, misappropriation, or violation of PowerWriter.ai's or any third party's intellectual property or proprietary rights.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and PowerWriter.ai are not required to arbitrate will be the state and federal courts located in [County Name] County, California, and you and PowerWriter.ai each waive any objection to jurisdiction and venue in such courts.
We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and PowerWriter.ai agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and PowerWriter.ai are each waiving the right to a trial by jury or to participate in a class action.
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PowerWriter.ai exclusively owns all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
These Terms constitute the entire and exclusive understanding and agreement between PowerWriter.ai and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between PowerWriter.ai and you regarding the Services.
Any notices or other communications provided by PowerWriter.ai under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
PowerWriter.ai's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PowerWriter.ai.
If you have any questions about these Terms or the Services, please contact PowerWriter.ai at:
powerwriter@gmail.com