Terms Of Service
WriteForMe, LLC (“WriteForMe”) grants you (“Customer”) a worldwide, non-exclusive, non-transferable, non-perpetual, non-sublicense-able, license to use subscription services, services and technologies as provided by WriteForMe (“Content”) according to the terms of this Subscription License Agreement (“Agreement”).
This Agreement will be subject to one or more written and separate quotes, sales orders, service orders, purchase orders, etc. (collectively, “Order”) as provided by WriteForMe to Customer. To the extent that such Order contains legal and/or pricing terms that differ from this Agreement, such terms of the Order shall prevail. The parties agree to the following terms:
Subscription Term and Fees
Customer acknowledges that the Subscription Term (“Subscription Term”) and corresponding subscription fees (“Subscription Fees”) for platform access, services and Content will be specified within the Order under which such Content is acquired by Customer.
Customer agrees to following with regards to Customer’s responsibilities in using the Content and corresponding technologies and services used to deliver the Content, of which the violation of any is grounds for suspension of delivery of Content or termination of this Agreement, at WriteForMe’s sole discretion:
- Unauthorized Use – Customer shall use commercially reasonable efforts to prevent unauthorized, unlicensed access to or use of the technology and services used to deliver Content.
- Reverse Engineering – Customer shall not reverse engineer or otherwise attempt to gain unauthorized access to any portion of the technology used to deliver Content.
- Interference – Customer shall not interfere with WriteForMe’s delivery of its platform, services or content to its other Customers.
- Legal Compliance – Customer shall use the Content in strict accordance with applicable laws and government regulations, including, but not limited to, employment laws, intellectual property laws, and laws governing contracts.
Intellectual Property Rights
Payment Terms and Taxes
- Terms and Method of Payment – Customer shall pay Subscription Fees for its use of the Content according to the terms of the applicable Order. Customer shall pay all Subscription Fees by credit card or ACH.
- Pre-Payment – All Subscriptions require pre-payment at or before the beginning of each Monthly Subscription Term, so specified in the applicable Order.
- Billing Cycle and Overages – Subscription Fees are billed up to thirty (30) days prior to the Subscription Term’s renewal. One-Time Content Usage Credits are prepaid by the customer, before being released for usage. Any overage charges from Customer’s consumption of Content are billed in the following month.
- Disputes – Customer may dispute Subscription Fees within thirty (30) days of their due date by submitting a written dispute to WriteForMe. Customer waives any further claim of dispute for Subscription Fees unless this process is followed. Customer shall not withhold payment of the disputed charges and shall remain liable for all Subscription Fees until the parties resolve the dispute. If the parties cannot reach resolution, the dispute shall be resolved by arbitration according to the terms of this Agreement. Once the dispute is resolved, WriteForMe will provide a refund to Customer in the agreed amount. Acceptance of such refund by Customer constitutes full satisfaction of the dispute and Customer waives any further claims with regard to the dispute.
- Payment Decline – If Customer’s payment method is rejected, Customer agrees to pay a late fee of $50 plus pro-rated interest of one point five percent (1.5%) on any outstanding balance.
- Suspension for Lack of Payment – If Customer fails to pay Subscription Fees by their due date, WriteForMe may suspend Customer’s access to the Content. Customer acknowledges that it remains liable for payment in full of Subscription Fees due, even if Customer’s access to the Content is suspended.
- Termination for Lack of Payment – If Customer fails to pay Subscription Fees within thirty (30) days of their due date; WriteForMe may assess an additional $50 late fee and reserves the right to terminate this Agreement. Customer acknowledges that it remains liable for payment in full of Subscription Fees due, late fees, accrued interest and all costs associated with collection, even if Customer’s access to the Content is terminated for non-payment.
- Termination by Customer – If Customer cancels their Subscription, their account access will be suspended at the end of their current Subscription Term. If Customer wishes to reinstate their Subscription, they must do so within sixty (60) days of the Termination Date. Failure to do so will result in deletion of the Customer’s Subscription Account.
- Refunds –Subscription Fees are non-refundable
- Taxes – Customer acknowledges that it is solely responsible for the payment of any taxes imposed by local, state, or federal governments in Customer’s acquisition and use of the Content.
Digital Millennium Copyright Act Compliance
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that claimed to have been infringed;
- A description of where the infringing material is located with Content;
- A contact address, telephone number, and email address;
- A statement that such claim is under the good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; AND
- A declaration signed by the party, made under penalty of perjury, that the above information in such notice is accurate and that the party is either the copyright owner or authorized to act on the copyright owner’s behalf.
- WriteForMe will only respond to such notices that substantially comply with the above requirements. WriteForMe will investigate claims and then notify such parties by the method of contact provided.
Limitations of Warranty and Liability
- No Warranties – WriteForMe disclaims all warranties, express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose.
- No Guarantees – WriteForMe makes no guarantees with regards to the effect of the Content on Customer or its business.
- No Liability – Customer is solely liable for Customer’s use of the Content. WriteForMe is not liable under any legal theory for damages of any type that Customer may suffer due to Customer’s use of the Content as well as from Customer’s inability to use the Content, including, but not limited to, loss of revenue or loss of opportunity.
Disclaimer of Damages
- Plagiarism Screening – As part of its platform, all content created by WriteForMe’s contracted writers, are screened for potential plagiarism using both 3rd party plagiarism technology and WriteForMe’s proprietary technology. Screening is performed, prior to deliver of content to Customers for their review and acceptance. Content that fails screening is rejected and not sent to the Customer. Within five (5) days from the date of content acceptance by the Customer, if the content is found by either party to be partially or wholly plagiarized, or cited without proper attribution; WriteForMe agrees to re-write said content solely at its own expense for the Customer.
- Distribution Format – WriteForMe will supply Content in rich-text format (RTF files) and HTML format (HTML files) through electronic download or delivery, unless otherwise requested by Customer.
- Reasonable Efforts – WriteForMe will use commercially reasonable efforts to make sure that the technology used to deliver the Content is available for download 24 hours a day, 7 days a week, except for (a) planned downtimes for system maintenance, which we will try to schedule during non-peak hours; AND (b) any unavailability caused by circumstances beyond WriteForMe’s reasonable control, including but not limited to, acts of God or government; natural disasters such as flood, fire, earthquakes; civil unrest or terrorism; labor problems such as strikes; or Internet communication issues such as service provider failures or delays.
- Support – WriteForMe will provide support to paid subscription customers via telephone and email by a designated account representative between the hours of 9am to 5pm, Pacific Standard Time, Monday through Friday, except on designated U.S. national holidays. Outside of these hours, WriteForMe provides email support.
- Termination by Customer – Prior to Customer’s Subscription License renewal or within the period of notice for a Price Increase, Customer may terminate this Agreement with written notice to WriteForMe at no further obligation or penalty. Customer remains fully liable for payment of any Subscription Fees due through the end of the current Subscription Term.
- Termination by WriteForMe Due to Customer’s Breach – Customer understands and agrees that WriteForMe may terminate this Agreement immediately without prior notice should Customer breach the terms of this Agreement. Customer shall remain liable for payment of all Subscription Fees until the end of the current Subscription Term.
- Termination by WriteForMe Due for Convenience – Customer understands and agrees that WriteForMe may terminate this Agreement with five (5) days written notice to Customer. Customer shall remain liable for payment of all Subscription Fees up through the date of actual termination.
- Effect of Termination/Expiration – Customer understands and agrees that once this Agreement ends, Customer will no longer be able to access the Content and that further use of Content provided by Customer. It is the Customer’s obligation to download any Customer-owned content, prior to termination.