Terms of Service
TERMS OF SERVICE
Last Updated: Aril 26, 2024
Welcome to WriteHuman.AI (the “Site”), owned and operated by Write Human, LLC (“we”
“us” “Company”) with offices located at 801 N Quincy St. Suite 520, Arlington VA, 22203.
These Terms of Service govern your use of the Site including any related products and offerings, collectively the “Services”. These Terms of Service, together with any documents they expressly incorporate by reference (the “Terms”) including but not limited to our Privacy Policy located at https://writehuman.ai/privacy, govern your access to and use of the Site including any content, functionality, and services offered, whether as a registered User, subscriber, or visitor to the Site (“User” or “you”).
These Terms are a legally binding agreement made between us and you, whether personally on your own behalf or on behalf of an entity you are authorized to represent. By clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms, including our Privacy Policy. If you do not want to agree to these Terms you must not access or use the Site.
This Site is intended only for Users who 18 years of age or older. By using or accessing the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you are not permitted to use the Site or access or register for the Services.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. You waive any right to receive specific notice of each such change except as set forth here.
We recommend that you print a copy of these Terms for your records.
1. The Services
Any information accessible through the Site should not be distributed or used by you in any jurisdiction or country where such distribution or use would violate any local laws or regulations or would subject us to registration or other requirement in such jurisdiction or country. If you choose to access the Site and use our Services, you are solely responsible for compliance with such local laws, to the extent such laws are applicable.
The information presented on or through Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We do not guarantee that any content processed through the Services will bypass third-party AI-detection systems or achieve specific detection scores. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials.
The Site may also contain content provided by third parties, including materials provided by Users or third-party licensors (see, User Content). All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are the opinions and the responsibility of the User or other third party providing those materials. We are not responsible, or liable for the content or accuracy of any materials provided by any third parties.
2. Intellectual Property
The Site and its entire contents, features, and functionality (“Content”), including but not limited to all source code, databases, information, software, website design, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof as well as all trademarks, service marks and copyrights, are owned by us or our applicable licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Site nor any Content thereon is transferred to you, and we reserve all rights not expressly granted hereunder. If you wish to use of Site or its Content other than as set out in this section or elsewhere in our Terms, please address your request to: admin@writehuman.ai. We will review each request individually and respond to you.
If we ever grant you the permission to post, reproduce, or publicly display any part of our Site or Content, you must identify us as the owners or licensors and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
Copyright Infringement. We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENT" section below.
3. Use of the Site
We grant you a non-exclusive, non-transferable, revocable license to access and use the Site (including all Services and Content) for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site except that your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, you may store files that are automatically cached by your Web browser for display enhancement purposes, and you may download one copy of a reasonable number of pages of any Content to which you have properly gained access for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4. Prohibited Activities.
You may not access or use the Site or any Content thereof for any purpose other than that for which we make it available. The Site may not be used in connection with any other endeavors except as expressed in these terms. You may not:
• Use the Services to facilitate or promote academic dishonesty—including paper-writing, homework-completion, or exam-taking assistance—or any other activity that enables users to mislead educational institutions.
• Copy, modify, reproduce, aggregate, republish, uploaded, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit the Site or any portion thereof for any commercial purpose whatsoever without our express prior written permission.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site;
• Access or use for any commercial purposes any part of the Site or its offerings or any services or materials available through the Site;
• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as user passwords;
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site, the Services or other Users;
• Use any information obtained from the Services in order to harass, abuse, or harm a third party;
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms")
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Site or its Services to you;
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Services, or any portion of the Services;
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
• Use a buying agent or purchasing agent to make purchases on the Site;
• Make any unauthorized use of the Services, including collecting or sharing usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• Use the Site as or in any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Sell or otherwise transfer your profile.
If you commit any of the Prohibited Activities or otherwise use the Site in any way not expressly permitted by these Terms is a breach of these Terms and we reserve the right in our sole discretion to terminate your right to use the Site immediately.
5. User Generated Content
Please review this section as well as "Prohibited Activities" carefully to understand the (a) rights you give us to and in any User Generated Content (consisting of User Submissions, User Contributions, and User Input as defined below) and (b) obligations you have when you post or upload any User Generated Content on or through the Site.
• User Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("User Submissions"), you agree to assign to us all intellectual property rights in such User Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
• User Contributions: Interactive functions on the Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials generated by you to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("User Contributions"). You understand that User Contributions, unlike User Submissions, may be viewable by other Users of the Services and possibly through third-party websites. Note that any User Submission that is publicly posted on the Site by you or us or otherwise made available to other Users will be considered a User Contribution. User Contributions you transmit may be treated as non-confidential and non-proprietary.
• User Input. User Input includes any prompts, text, or other input that you provide to the Site in order to use the Services to generate an output, which is the final edited product produced by your User Input and our Services. User Input includes User generated inputs or inputs generated by another AI system. User Input is not visible, accessible, or available to other Users. You understand that we are not responsible or liable to you or any third party for the content or accuracy of any User Generated Content shared or posted by you or any other User of the Site.
6. AI Training. By submitting User Input, you grant us a non-exclusive, royalty-free, worldwide, and perpetual license to use, reproduce, modify, distribute, and otherwise exploit these User Input for the purpose of developing, training, and improving our artificial intelligence (AI) model and related technologies. User Input will be used solely for the purpose of enhancing the performance, accuracy, and capabilities of our AI models and services. This may include but is not limited to the training, validation, and testing of AI algorithms. All data used for AI model training will be anonymized and aggregated where possible to protect your privacy. For more information on how we handle your data, please refer to our Privacy Policy. By agreeing to these terms and conditions, you expressly consent to the collection and use of your User Inputs as described herein.
7. Monitoring and Enforcement. We have the right to remove or refuse to post any User Generated Content for any or no reason in our sole discretion, to take any action with respect to any User Generated Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms in any way, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us. Further, we may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy and take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. If we find in our sole discretion that you have violated these Terms, we may also terminate or suspend your access to all or part of Site.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all User Generated Content before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8. License. By posting, submitting, using or otherwise making your User Generated Content accessible to or on the Site, you hereby grant to us including our successors, assigns, affiliates, agents, and licensors, and you represent and warrant that you have the right to grant, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Generated Content for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User Generated Content and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, if applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your User Generated Content as set forth in these terms, and you warrant that moral rights have not otherwise been asserted.
Subject to the license granted to us here, we do not assert any ownership over your User Generated Content. You retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with it as set forth in these Terms. We are not liable for any statements or representations in your User Generated Content.
9. USER REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Generated Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, privacy or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other Users to use User Generated Content in any manner as contemplated by the Site and set forth in these Terms.
• User and other information you provide is true, accurate, current and complete and you are solely responsible for maintaining the accuracy of such information;
• You have the written consent, release, and/or permission of each and every identifiable individual person in your User Generated Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Generated Content in any manner contemplated by the Site and set forth in these Terms;
• You have the legal capacity to enter into these Terms and are not a minor in the jurisdiction in which you reside;
• You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
• You will not use the Site for any illegal or unauthorized purpose; and your use will not violate any applicable law or regulation.
• Your User Generated Content:
o Is not false, inaccurate, or misleading; is not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us); and does not ridicule, mock, disparage, intimidate, or abuse anyone;
o Is not considered to be unsolicited or unauthorized advertising, promotional materials, part of a pyramid scheme, chain letters, spam, mass mailings, or other forms of solicitation;
o Is not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;
o Does not violate the privacy or publicity rights of any third party or any other applicable law, regulation, or rule;
o Does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors or include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
o Does not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, suspension or termination of your User Account or your use of or access to the Site in whole or in part, including any functionality thereof in our sole discretion.
10. User Registration. To access the Site or some of the Services offered, you will be asked to provide certain registration details or other information. It is a condition of your use of the Site that the information you provide is correct, current, and complete. Any information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or any portion thereof, your log in credentials, or other security information. If we determine that you have shared this information or that it has been shared without your permission or authorization, or that you have violated these Terms in any way, we may in our sole discretion disable any username, password, or other identifier, whether chosen by you or provided by us or suspend or terminate your access to the Site with or without notice to you; lock you out of your account for forty-eight (48) hours in order to investigate; issue a warning to you; or lock you out of your account. If we determine in our sole discretion that you have shared or misused your password or other account information we reserve the right to terminate your access permanently without refund.
11. Purchases and Payment. Any part of our Services requiring a purchase, whether subscription or other, will require a credit card payment through a third-party credit card processor, Stripe.com. When the option is given, you will be taken to the Stripe website to process your payment. Stripe.com terms and policies apply to the use of your credit card information and not ours. Stripe’s policies are found at: https://stripe.com/privacy. Further, we reserve the right to refuse any order placed, or limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be noncompliant with these Terms. All purchases are non-refundable however, you can cancel your subscription at any time by logging into your User Account (My Account Page). Your cancellation will take effect at the end of the current paid term.
12. Third Party Links. The Site may contain links to other websites and resources such as articles, photos, images, information and other content (“Third-Party Links”) provided by third parties. These links including any links contained in advertisements, such as banner advertisements and sponsored links, are provided for your convenience and information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or purchase of any product from them. Inclusion of, linking to, or permitting the use or installation of Third-Party Links does not imply approval or endorsement thereof by us. If you decide to leave the Site and access, use or install Third Party Links, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site. If you decide to access any Third Party Links, you do so entirely at your own risk. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Links and you shall hold us blameless from any harm caused by your purchase of such products or use of any services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Links.
13. Term and Termination. The Terms shall remain in full force and effect while you use or have access to the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR USER ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your User Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your User Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14. Modifications; Interruptions. We reserve the right to change, modify, or remove any Content, any Services or a portion thereof, or the Site itself in whole or in part, at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Site and shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or any Services or Content thereon. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services or any functionality of the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
15. Disclaimer; Limitation of Liability. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK.
THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. Indemnification. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Generated Content; (2) use of the Site; (3) any breach of these Terms or of any User representations and warranties set forth herein; (5) your violation of the rights of any third party, including but not limited to intellectual property and privacy rights; or (6) any overt harmful act toward any other User with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
17. Governing Law. All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of Virginia or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth or Virginia in each case located in the City of Richmond and County of Henrico although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Richmond, Virginia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20. Miscellaneous
Errors. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Electronic Signatures. Visiting the Site, sending us emails, or completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or the Site or other method satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
• Entire Agreement. The Terms (including the Privacy Policy and other notices or policies provided to you on the Site and incorporated by reference) constitute the entire agreement and understanding between you and us regarding the subject matter thereof and supersedes all other agreement or understandings, whether oral or in writing.
• Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law.
• Assignment. We may assign any or all of our rights and obligations to others at any time.
• Severability. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
• There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them.
Copyright Policy; Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Ashley S. Brooks
Roth Jackson Gibbons Condlin,
1519 Summit Ave, Richmond, Va 23230
804 – 441 – 8440
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter Notification Procedures. If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent. Pursuant to the DMCA, the Counter Notice must include substantially the following:
• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Questions or concerns about these Terms, please contact us at:
WriteHuman LLC
801 N Quincy St,
Arlington, VA 22203
United States
admin@writehuman.ai
Last Updated: Aril 26, 2024
Welcome to WriteHuman.AI (the “Site”), owned and operated by Write Human, LLC (“we”
“us” “Company”) with offices located at 801 N Quincy St. Suite 520, Arlington VA, 22203.
These Terms of Service govern your use of the Site including any related products and offerings, collectively the “Services”. These Terms of Service, together with any documents they expressly incorporate by reference (the “Terms”) including but not limited to our Privacy Policy located at https://writehuman.ai/privacy, govern your access to and use of the Site including any content, functionality, and services offered, whether as a registered User, subscriber, or visitor to the Site (“User” or “you”).
These Terms are a legally binding agreement made between us and you, whether personally on your own behalf or on behalf of an entity you are authorized to represent. By clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms, including our Privacy Policy. If you do not want to agree to these Terms you must not access or use the Site.
This Site is intended only for Users who 18 years of age or older. By using or accessing the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you are not permitted to use the Site or access or register for the Services.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. You waive any right to receive specific notice of each such change except as set forth here.
We recommend that you print a copy of these Terms for your records.
1. The Services
Any information accessible through the Site should not be distributed or used by you in any jurisdiction or country where such distribution or use would violate any local laws or regulations or would subject us to registration or other requirement in such jurisdiction or country. If you choose to access the Site and use our Services, you are solely responsible for compliance with such local laws, to the extent such laws are applicable.
The information presented on or through Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We do not guarantee that any content processed through the Services will bypass third-party AI-detection systems or achieve specific detection scores. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials.
The Site may also contain content provided by third parties, including materials provided by Users or third-party licensors (see, User Content). All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are the opinions and the responsibility of the User or other third party providing those materials. We are not responsible, or liable for the content or accuracy of any materials provided by any third parties.
2. Intellectual Property
The Site and its entire contents, features, and functionality (“Content”), including but not limited to all source code, databases, information, software, website design, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof as well as all trademarks, service marks and copyrights, are owned by us or our applicable licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Site nor any Content thereon is transferred to you, and we reserve all rights not expressly granted hereunder. If you wish to use of Site or its Content other than as set out in this section or elsewhere in our Terms, please address your request to: admin@writehuman.ai. We will review each request individually and respond to you.
If we ever grant you the permission to post, reproduce, or publicly display any part of our Site or Content, you must identify us as the owners or licensors and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
Copyright Infringement. We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENT" section below.
3. Use of the Site
We grant you a non-exclusive, non-transferable, revocable license to access and use the Site (including all Services and Content) for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site except that your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, you may store files that are automatically cached by your Web browser for display enhancement purposes, and you may download one copy of a reasonable number of pages of any Content to which you have properly gained access for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4. Prohibited Activities.
You may not access or use the Site or any Content thereof for any purpose other than that for which we make it available. The Site may not be used in connection with any other endeavors except as expressed in these terms. You may not:
• Use the Services to facilitate or promote academic dishonesty—including paper-writing, homework-completion, or exam-taking assistance—or any other activity that enables users to mislead educational institutions.
• Copy, modify, reproduce, aggregate, republish, uploaded, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit the Site or any portion thereof for any commercial purpose whatsoever without our express prior written permission.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site;
• Access or use for any commercial purposes any part of the Site or its offerings or any services or materials available through the Site;
• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as user passwords;
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site, the Services or other Users;
• Use any information obtained from the Services in order to harass, abuse, or harm a third party;
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms")
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Site or its Services to you;
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Services, or any portion of the Services;
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
• Use a buying agent or purchasing agent to make purchases on the Site;
• Make any unauthorized use of the Services, including collecting or sharing usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• Use the Site as or in any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Sell or otherwise transfer your profile.
If you commit any of the Prohibited Activities or otherwise use the Site in any way not expressly permitted by these Terms is a breach of these Terms and we reserve the right in our sole discretion to terminate your right to use the Site immediately.
5. User Generated Content
Please review this section as well as "Prohibited Activities" carefully to understand the (a) rights you give us to and in any User Generated Content (consisting of User Submissions, User Contributions, and User Input as defined below) and (b) obligations you have when you post or upload any User Generated Content on or through the Site.
• User Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("User Submissions"), you agree to assign to us all intellectual property rights in such User Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
• User Contributions: Interactive functions on the Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials generated by you to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("User Contributions"). You understand that User Contributions, unlike User Submissions, may be viewable by other Users of the Services and possibly through third-party websites. Note that any User Submission that is publicly posted on the Site by you or us or otherwise made available to other Users will be considered a User Contribution. User Contributions you transmit may be treated as non-confidential and non-proprietary.
• User Input. User Input includes any prompts, text, or other input that you provide to the Site in order to use the Services to generate an output, which is the final edited product produced by your User Input and our Services. User Input includes User generated inputs or inputs generated by another AI system. User Input is not visible, accessible, or available to other Users. You understand that we are not responsible or liable to you or any third party for the content or accuracy of any User Generated Content shared or posted by you or any other User of the Site.
6. AI Training. By submitting User Input, you grant us a non-exclusive, royalty-free, worldwide, and perpetual license to use, reproduce, modify, distribute, and otherwise exploit these User Input for the purpose of developing, training, and improving our artificial intelligence (AI) model and related technologies. User Input will be used solely for the purpose of enhancing the performance, accuracy, and capabilities of our AI models and services. This may include but is not limited to the training, validation, and testing of AI algorithms. All data used for AI model training will be anonymized and aggregated where possible to protect your privacy. For more information on how we handle your data, please refer to our Privacy Policy. By agreeing to these terms and conditions, you expressly consent to the collection and use of your User Inputs as described herein.
7. Monitoring and Enforcement. We have the right to remove or refuse to post any User Generated Content for any or no reason in our sole discretion, to take any action with respect to any User Generated Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms in any way, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us. Further, we may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy and take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. If we find in our sole discretion that you have violated these Terms, we may also terminate or suspend your access to all or part of Site.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all User Generated Content before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8. License. By posting, submitting, using or otherwise making your User Generated Content accessible to or on the Site, you hereby grant to us including our successors, assigns, affiliates, agents, and licensors, and you represent and warrant that you have the right to grant, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Generated Content for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User Generated Content and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, if applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your User Generated Content as set forth in these terms, and you warrant that moral rights have not otherwise been asserted.
Subject to the license granted to us here, we do not assert any ownership over your User Generated Content. You retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with it as set forth in these Terms. We are not liable for any statements or representations in your User Generated Content.
9. USER REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Generated Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, privacy or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other Users to use User Generated Content in any manner as contemplated by the Site and set forth in these Terms.
• User and other information you provide is true, accurate, current and complete and you are solely responsible for maintaining the accuracy of such information;
• You have the written consent, release, and/or permission of each and every identifiable individual person in your User Generated Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Generated Content in any manner contemplated by the Site and set forth in these Terms;
• You have the legal capacity to enter into these Terms and are not a minor in the jurisdiction in which you reside;
• You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
• You will not use the Site for any illegal or unauthorized purpose; and your use will not violate any applicable law or regulation.
• Your User Generated Content:
o Is not false, inaccurate, or misleading; is not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us); and does not ridicule, mock, disparage, intimidate, or abuse anyone;
o Is not considered to be unsolicited or unauthorized advertising, promotional materials, part of a pyramid scheme, chain letters, spam, mass mailings, or other forms of solicitation;
o Is not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;
o Does not violate the privacy or publicity rights of any third party or any other applicable law, regulation, or rule;
o Does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors or include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
o Does not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, suspension or termination of your User Account or your use of or access to the Site in whole or in part, including any functionality thereof in our sole discretion.
10. User Registration. To access the Site or some of the Services offered, you will be asked to provide certain registration details or other information. It is a condition of your use of the Site that the information you provide is correct, current, and complete. Any information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or any portion thereof, your log in credentials, or other security information. If we determine that you have shared this information or that it has been shared without your permission or authorization, or that you have violated these Terms in any way, we may in our sole discretion disable any username, password, or other identifier, whether chosen by you or provided by us or suspend or terminate your access to the Site with or without notice to you; lock you out of your account for forty-eight (48) hours in order to investigate; issue a warning to you; or lock you out of your account. If we determine in our sole discretion that you have shared or misused your password or other account information we reserve the right to terminate your access permanently without refund.
11. Purchases and Payment. Any part of our Services requiring a purchase, whether subscription or other, will require a credit card payment through a third-party credit card processor, Stripe.com. When the option is given, you will be taken to the Stripe website to process your payment. Stripe.com terms and policies apply to the use of your credit card information and not ours. Stripe’s policies are found at: https://stripe.com/privacy. Further, we reserve the right to refuse any order placed, or limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be noncompliant with these Terms. All purchases are non-refundable however, you can cancel your subscription at any time by logging into your User Account (My Account Page). Your cancellation will take effect at the end of the current paid term.
12. Third Party Links. The Site may contain links to other websites and resources such as articles, photos, images, information and other content (“Third-Party Links”) provided by third parties. These links including any links contained in advertisements, such as banner advertisements and sponsored links, are provided for your convenience and information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or purchase of any product from them. Inclusion of, linking to, or permitting the use or installation of Third-Party Links does not imply approval or endorsement thereof by us. If you decide to leave the Site and access, use or install Third Party Links, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site. If you decide to access any Third Party Links, you do so entirely at your own risk. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Links and you shall hold us blameless from any harm caused by your purchase of such products or use of any services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Links.
13. Term and Termination. The Terms shall remain in full force and effect while you use or have access to the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR USER ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your User Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your User Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14. Modifications; Interruptions. We reserve the right to change, modify, or remove any Content, any Services or a portion thereof, or the Site itself in whole or in part, at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Site and shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or any Services or Content thereon. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services or any functionality of the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
15. Disclaimer; Limitation of Liability. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK.
THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. Indemnification. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Generated Content; (2) use of the Site; (3) any breach of these Terms or of any User representations and warranties set forth herein; (5) your violation of the rights of any third party, including but not limited to intellectual property and privacy rights; or (6) any overt harmful act toward any other User with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
17. Governing Law. All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of Virginia or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth or Virginia in each case located in the City of Richmond and County of Henrico although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Richmond, Virginia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20. Miscellaneous
Errors. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Electronic Signatures. Visiting the Site, sending us emails, or completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or the Site or other method satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
• Entire Agreement. The Terms (including the Privacy Policy and other notices or policies provided to you on the Site and incorporated by reference) constitute the entire agreement and understanding between you and us regarding the subject matter thereof and supersedes all other agreement or understandings, whether oral or in writing.
• Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law.
• Assignment. We may assign any or all of our rights and obligations to others at any time.
• Severability. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
• There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them.
Copyright Policy; Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Ashley S. Brooks
Roth Jackson Gibbons Condlin,
1519 Summit Ave, Richmond, Va 23230
804 – 441 – 8440
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter Notification Procedures. If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent. Pursuant to the DMCA, the Counter Notice must include substantially the following:
• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Questions or concerns about these Terms, please contact us at:
WriteHuman LLC
801 N Quincy St,
Arlington, VA 22203
United States
admin@writehuman.ai
Writing, Perfected.
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