Terms of use

Welcome to Writer!

These Terms of Use (“Terms”) are a contract between you and Writer, Inc. (“Writer”) and apply to individuals who are using Writer’s artificial intelligence platform and related technology (our “Platform”) and other products and services we may offer for individuals, along with any associated applications, software, and our websites (collectively, our “Services”). These Terms also apply to you or the organization you may be acting on behalf of when using a free version of our Platform or any trial or paid version of our Platform (excluding Enterprise versions). 

Please note that our Platform Services Agreement (or, if applicable, a separately executed agreement between us and your organization) governs your use of the Enterprise version of our Platform.

By accessing our Services, you agree to these Terms and our Acceptable Use Policy, which is incorporated by reference into these Terms. You also agree that your use of our Services will at all times comply with all applicable laws and any other documentation, guidelines, or policies we may make available to you. These Terms form a binding agreement between you and us. If you do not agree to these Terms, please do not access or use our Services.

Please also make sure to read our Privacy Policy, which describes how we collect, use, disclose, and protect your personal information when we are acting as a data controller (or similar role under data protection laws). When you are acting on behalf of an organization when accessing our Services, our Data Processing Agreement (“DPA”) applies and is incorporated by reference into these Terms.

1. Account Creation and Access

Creating an Account. To access our Services, we may require you to create a Writer account. You agree to provide us with correct, current, and complete account information when you use our Services. You may not share your account login information with anyone else. Our communications to you using your account information will satisfy any requirements for legal notices. You are responsible for all activity occurring under your account, and in the event you suspect any unauthorized access or suspicious activity related to your account, please contact us immediately.

Company Domains. If you create an account using a company email address or an email associated with a corporate entity, your account may be linked to or added to that organization’s corporate Writer account, if one exists. In these situations, the organization’s administrator may be able to monitor and control your account, and you may be subject to additional terms and conditions depending on the type of access granted to that organization. 

Minimum Age. You must be at least 16 years old or the minimum age required in your country to consent to use our Services. If you are under 18 years old, you must have your parent or legal guardian’s permission to use our Services.

2. Use of the Services

What You Can Do. You may access and use our Services only in compliance with these Terms, our Acceptable Use Policy, and any guidelines or supplemental terms we may present to you. 

What You CAN’T Do. You may not access or use our Services:

• in any manner not expressly granted in this Agreement or in violation of applicable law;
• to reproduce, modify or create derivative works of the Services, in whole or in part;
• to reverse engineer, disassemble, decompile, translate, decode, scrape, or otherwise attempt to derive or improperly access or download any component of the Services (including through data or model scraping or the use of any crawler or other mechanism);
• to transfer, frame, mirror, sell, resell, rent, or lease any access or use of the Services to any other third party;
• to access or use the Services in any manner or for any purpose that infringes our intellectual property rights or those of any third party;
• to interfere with or disrupt the integrity or performance of the Services, including but not limited to, introducing viruses or malware, spamming, bypassing any of our systems or protective measures, or engaging in any other harmful activity that may otherwise compromise the quality of our Services or negatively impact other users of our Services or our reputation;
• to access the Services or our confidential information for benchmarking or competitive analysis or to develop, train, re-train, fine-tune, test, or improve a product or service that competes with the Services; 
• to process any patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or any similar U.S. federal or state laws, rules or regulations (“Protected Health Information”) or otherwise share such information with us until and unless you subscribe to the Enterprise version of our Platform and have entered into a business associate agreement (a “BAA”) with  us; or
• in a manner that violates our Acceptable Use Policy.

We reserve the right, in our sole discretion, to suspend or terminate your access to our Services if we determine you to be in violation of the above or otherwise believe you have breached these Terms. 

Access to Non-Production Versions of the Services. You may be provided with access to beta, trial, proof of concept, or sandbox versions of our Services or features within our Services (collectively, the “Beta Features”). By accessing Beta Features you acknowledge that your use of these features is at your own risk, that we make them available on an “as is” basis without warranties of any kind, that they may be discontinued or modified at any time, and that your use of these features may be subject to additional terms in our discretion. Beta Features are not intended for production use, and we have no liability for any harm or damage arising out of or in connection with your use of Beta Features.

3. Input, Output, and Materials

In General. When you use our Services, you may have the ability to submit information, data, content, and otherwise interact with our Services (“Input”) and generate responses or otherwise receive content and materials based on your Input (“Output”). Input and Output are collectively “Materials”. You are responsible for all Input when using our Services, and you represent and warrant that you have all rights, licenses, and permissions that are necessary for us to process such Input. 

Output. You acknowledge that: (a) due to the nature of generative AI, Output may be similar to content generated for others; (b) you are solely responsible for all use of the Output, including evaluating the accuracy and appropriateness of the Output; (c) neither our Services nor any Output is intended or designed to provide medical, financial, or other professional advice or recommendations without human intervention or involvement by a qualified and/or licensed professional; and (d) when using our Services, you shall not hide or misrepresent to any users on your account or to any third party that they are interacting with an artificial intelligence system rather than a human, or misrepresent to anyone that the Output is human-generated.

4. Third-Party Services

Certain features and functionalities within our Services may allow you to connect to, interface or interact with, access and/or use compatible third-party services, products, technology and content, including but not limited to models, connectors, extensions, plug-ins and API integrations (collectively, “Third-Party Services”). We do not control or accept responsibility for any loss or damage that may arise from your use of any Third-Party Services nor do we make any representations or warranties about such services. Your use of any Third-Party Services is at your own risk and subject to any terms, conditions, or policies applicable to such Third-Party Services.

5. Your Rights

Access and Use. Subject to these Terms, we grant you and anyone authorized by you to access and use the Services under your account a limited, non-exclusive, non-transferable (except as otherwise permitted under these Terms) right to access and use the Services during the your subscription term for your internal business purposes. We may update the content, functionality, and user interface of our Services from time to time and you agree that your use of our Services is not contingent on the delivery of any future features or functionality we may choose to provide.

Ownership. To the extent permitted by applicable law, you retain any right, title, and interest that you have in any Input, and we assign to you all right, title, and interest, if any, in and to the Output.

6. Our Rights

Ownership. We own all rights, title, and interest in and to our Services, including but not limited to, our Platform, including its underlying software, including model weights, parameters, algorithms, interfaces, technology, features, databases, tools, content, materials, and know-how created by us or otherwise made available through the Platform, including all improvements, updates, derivative works, configurations, modifications or enhancements thereto and all intellectual property rights therein. No rights are granted to you under these Terms other than as expressly set forth herein.

Our Use of Materials. We may use your Materials to provide, maintain, and improve the Services, to develop other products and services, to comply with applicable law, and to enforce our terms and policies. We will not use your Materials to train our models. 

Removal of Materials. We reserve the right to remove Materials that we consider illegal, immoral or otherwise inappropriate in our sole discretion. Additionally, we may also remove Materials associated with accounts (or remove accounts entirely) that we determine, in our sole discretion, have remained dormant for an extended period of time or otherwise compromise the overall performance of our Services. Following termination of your access to the Services, we will have no obligation to retain your Materials and will thereafter, unless legally prohibited, be entitled to delete all such Materials in our possession or under our control.

Metadata. You acknowledge that we may aggregate and/or de-identify metadata related to your use of our Services and use such aggregated and de-identified data for any purpose, including to improve our Services, develop other products and services, and understand how our Services are being used. When we use the term “metadata”, we mean any data that is derived from your use of our Services, including, without limitation, any usage data, trends, statistical data, and performance information, analytics, or similar information regarding the operation of our Services.

Feedback. When you use our Services, you may have the opportunity to provide us with feedback, and you agree that we may use any feedback you choose to provide without restriction or compensation to you.

7. Paid Accounts, Subscriptions, and Fees

Purchase Plans and Pricing. We may offer one or more paid services plans for purchase, each with different available features and functionalities, including one-time purchases and recurring subscriptions (each, a “Paid Services Plan”). The price of the Paid Services Plan will be made clear during the ordering process. You agree to pay the price stated at the time of your order, as well as any applicable taxes. Applicable taxes may vary depending on jurisdiction. All prices will be in U.S. Dollars, unless otherwise stated.

Subscriptions. We may choose in our sole discretion to add, modify, or remove benefits and features from a Paid Services Plan you have purchased. Your continued use of the Services after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the modified features, you may cancel your subscription. If you accept the modified subscription, its terms and conditions will apply for that renewal and all renewals going forward. You may not transfer, sell, purchase, barter, or trade your subscription or attempt or offer to do so. Any attempted transfer will be null and void.

Credits. Certain Services we provide may operate on a consumption-based or pay-as-you-go structure in which you may purchase credits in advance, redeemable for the use of such Services. Any purchase of credits will be subject to our Credit Terms.

Billing. Purchase of a Paid Services Plan may be made using one of the available payment methods reflected at the time of checkout. Available payment methods may vary based on your location. If you purchase any Paid Services Plan, you will provide complete and accurate billing information, including a valid payment method. By providing your designated payment method, you authorize us to charge you, through our Payment Processor (defined below), using the billing information and payment method you specify at the time of your one-time purchase or at the beginning of your subscription, and any payment method associated with your account for future charges, including on a recurring basis upon each periodic renewal, unless and until you cancel your subscription. 

All purchases for Paid Services Plans will be processed through our designated third-party payment processor (“Payment Processor”). Your purchase may also be subject to the terms and privacy policies of the applicable Payment Processor, and you should ensure you understand them. 

If you purchase a recurring subscription, at any point during your subscription period, you may update your payment methods within your account. If your payment cannot be processed or completed for any reason, we may, in our discretion, downgrade your account or suspend your access to our Services until payment is received. 

Auto-renewal. By purchasing a subscription to a Paid Services Plan, you are subscribing to an automatically renewing subscription requiring recurring payments at our then-current rates, until you cancel in a manner set forth below. You authorize us, through our Payment Processor, to automatically charge you for the applicable fees (including taxes, other possible transaction fees and any other charges incurred in connection with your subscription) on or after each renewal date, unless you or we have elected to cancel such Services prior to the applicable renewal date.

Cancellation. You may cancel your automatically-renewing subscription at any time before the date your subscription is renewed. Subscription renewals may be cancelled directly within your account settings, or by emailing [email protected]. When you cancel a subscription, you cancel only future charges associated with your subscription and you will continue to receive access to the Services until the end of the then-current subscription period (unless we provide you with a refund or otherwise allow you to use the unused portion towards other Services or another subscription). You will also forfeit any service or referral credits and unredeemed benefits of the subscription upon cancellation.

No Refunds. Except as otherwise stated herein or as required by applicable law, your payments are non-refundable, and we do not provide refunds or credits for any partial-period subscription periods or unused Services. We reserve the right to issue refunds, credits, or discounts at our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future, and we may terminate your subscription and access to the Services.

Pricing Changes. We may make changes to our prices from time to time. If we increase fees associated with our Services, we will give you advance notice of these changes, and you will have the opportunity to change or cancel your subscription prior to incurring the new charges. However, we may not be able to notify you in advance of changes in applicable taxes.

8. Free Trials and Promotions

We may, from time to time, offer promotional trial subscriptions for free, or at special discounted prices. Such trial or promotional memberships are subject to any terms accompanying the promotional offer (including which users are eligible for the promotional subscriptions) as well as these Terms, except as otherwise stated in the promotional offer terms. 

We may also offer, in our sole discretion, promotions subject to terms that will be provided to you in promotional materials, or during your enrollment. Such promotions may result in a decrease in initial fees for your subscription, applicable to the promotion period. After your promotion ends unless you cancel your subscription (as described above) prior to the end of the promotional period, we will begin billing your designated payment method (or other payment method associated with your account) at the then-current, non-promotional rate and your subscription will continue to automatically renew at Writer’s then-current fees for such subscription unless you cancel. Any free trial period or promotion is at our sole discretion and we may limit eligibility or duration to prevent misuse. You may only be permitted to use one free trial or discounted price offer and you may be limited in your ability to combine promotions.

9. Termination and Suspension 

You may choose to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services and/or delete your account if we determine you have breached these Terms, our Acceptable Use Policy, or any documentation, guidelines, or policies we may make available to you, or if your account has an unpaid balance or has remained dormant for an extended period of time. We may also suspend or terminate your access to our Services to comply with applicable law or if we determine that your access or use has or may harm us, our users, or anyone else.

10. Disclaimer and Indemnification

Disclaimer. OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, ACCURACY, AVAILABILITY, COMPATIBILITY, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. 

Indemnification. You agree to defend Writer, its affiliates, and its and their employees, directors, officers, and successors or assigns (collectively, the “Writer Parties”) against any claim, suit, or proceeding brought by a third party arising from or relating to your use of the Services or any violation of these Terms. You will indemnify and hold the Writer Parties harmless from and against any damages, expenses (including reasonable attorney’s fees) and costs awarded against the Writer Parties by a court of competent jurisdiction or agreed in settlement by you resulting from such claims. We reserve the right to assume the exclusive defense and control of such disputes, and in any event, you agree to cooperate with us in asserting any available defenses.

11. Limitation of Liability

TO FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) IN NO EVENT WILL THE WRITER PARTIES BE LIABLE FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THEIR POSSIBILITY IN ADVANCE, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY; AND (B) THE WRITER PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION FOR ANY CLAIM RELATED TO THE TO THE SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). 

PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE TERMS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. Dispute Resolution and Arbitration

Dispute Resolution. We will work with you directly and informally in the event of any potential legal dispute. Before filing any legal action, you agree to work together with us to resolve all potential disputes respectfully and amicably. If we are unable to resolve a dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

Mandatory Arbitration. If we are unable to resolve potential disputes informally, to the extent legally permitted, the parties agree to proceed with mandatory arbitration, which the parties agree will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated, and under the rules set forth in these Terms. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by contacting us at [email protected]. If you opt out of an update, the last set of agreed-upon arbitration terms will apply. 

Class Action and Jury Trial Waiver. You and us agree that all disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited, and only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. Both you and us knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

12. General Terms

Publicity. You may not, without our prior written permission, use our name, logos, or other trademarks in any other way that implies our affiliation, endorsement, or sponsorship. We may include your company’s name and/or logo on our website, customer lists, and other marketing materials unless you otherwise notify us in writing.

Updates to the Services. We are continuously working to develop and improve our Services. We may sometimes add or remove features, update terminology, incorporate usage limits, offer new services, or stop offering certain Services. Unless we specifically agree otherwise in a separate agreement with you, we reserve the right to modify, suspend, or discontinue our Services or your access to our Services, in whole or in part, at any time without notice to you, however if you are a paying customer, we will not make any change that materially diminishes the functionality of our Services.

Changes to these Terms. We may update these Terms from time to time. If you continue to access the Services after we post the updated version of these Terms on our website or otherwise give you notice of changes we make to these Terms, then you agree to the updated Terms. If you do not agree to the updated Terms, you must stop using our Services. Unless otherwise stated in the updated version of these Terms or in our notice, the updated Terms will take effect upon their posting and will apply on a going-forward basis.

Assignment. You may not assign or transfer any rights or obligations under these Terms, and any attempt to do so will be void. We reserve the right to assign the Terms or any rights contained herein to any affiliate or successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, these Terms are binding upon and will inure to the benefit of each of the parties and their respective successors and permitted assigns.

Export Control. You hereby represent that neither you or the organization you represent are named on any U.S. government list of prohibited or restricted parties, nor are you or your organization owned or controlled by or acting on behalf of any such parties. You further agree that you will not access or use our Services in any manner that would cause us or you to violate any U.S. or international embargoes, economic sanctions, or export controls laws or regulations.

Severability; No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect. Any delay or failure on our part to enforce a provision of these Terms is not a waiver of our right to enforce them later. 

Relationship of the Parties. Nothing in these Terms will be construed to create a partnership, joint venture, or agency relationship between you or the organization you represent and Writer, or confer any rights, benefits, remedies, obligations, or liabilities upon any third party. 

Entire Agreement. These Terms represent the complete and exclusive agreement between you and Writer and supersede all prior or contemporaneous agreements, communications, and understandings, both written and oral.

Governing Law; Venue. You agree to the application of the laws of the State of California, United States, without regard to conflict of law principles and the exclusive jurisdiction and venue in the state or Federal courts located in San Francisco, California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to transactions under these Terms.