Terms of use

Welcome to Writer!

These Terms of Use apply to individuals who are accessing or using our full-stack generative artificial intelligence platform (our “Platform”), any other products and services we make available (including our APIs), along with any associated applications, software, and websites (collectively, our “Services”).

If you are acting on behalf of an organization or other entity, our Platform Services Agreement (or, if applicable, a separately executed agreement between us and that entity) governs your access to and use of our Services.

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 data from or about you.

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. 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.

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 our Services to:

• develop competitive products or services;
• use our Services to obtain unauthorized access to any systems or unauthorized information;
• infringe, misappropriate or otherwise violate the intellectual property rights or other rights of any person or organization; or
• introduce viruses or malware, spamming or any other harmful activity that may otherwise compromise the quality of our Services or negatively impact other users of our Services, or our reputation.

Materials and Platform Output. When you use our Services, you may submit information, data, content, and other materials (“Materials”) into the Platform to create content and information (“Platform Output”). You are responsible for all Materials you submit to the Platform, and you represent and warrant that you have all rights, licenses, and permissions that are necessary for us to process such Materials.

Third-Party Services. Certain features and functionalities within the Platform may allow you to interface or interact with, access and/or use compatible third-party services, products, technology and content (collectively, “Third-Party Services”). Your use of Third-Party Services is solely the responsibility of you and the applicable third-party provider. If you access or transmit Materials through a Third-Party Service, the Third-Party Service’s terms will govern, and we will have no responsibility for any use, disclosure, modification, or deletion of your Materials, Platform Output, or for any act or omission on the part of such third-party provider or its services.

APIs. Our Services may also include access to Writer’s application programming interfaces (“APIs”), which may allow you to integrate our Services into your own applications, products, or services. These Terms do not grant you the right to distribute or resell our Services or create any binding commitment on behalf of Writer.

Credits. You may be permitted to purchase, or we may otherwise provide to you, credits redeemable for specific Services. Your purchase and use of credits shall be subject to the Credit Terms.

Your Rights

Ownership. To the extent permitted by applicable law, you retain any right, title, and interest that you have in the Materials you submit, and will have full ownership of any and all Platform Output. Platform Output may be similar to content and materials generated for other customers and users of the Platform. Such third party content and materials generated are based on such users’ inputs and are not considered Platform Output to be owned by you.

Accuracy. We strive to make Platform Output as reliable and accurate as possible. However, with the ever-evolving landscape of artificial intelligence, we can’t guarantee with 100% certainty that the Platform Output will be completely accurate. You are solely responsible for your use of Platform Output, including evaluation of its accuracy and appropriateness for your intended use.

Access to Non-Production Versions of the Platform. You may be provided with access to beta, trial, proof of concept, or sandbox versions of the Platform or features within the Platform (collectively, the “Beta Features”). In accessing such features you acknowledge that your use of Beta Features is not required and is at your own risk, and that Beta Features are made available on an “as is” basis without warranties of any kind, may be discontinued or modified at any time, and may be subject to other terms. Beta Features are not intended for production use, and Writer will have no liability for any harm or damage arising out of or in connection with Beta Features.

Our Rights

Use of Materials. We may use Materials to provide, maintain, and deliver the Services, comply with applicable law, and enforce our terms and policies, but we don’t use any Materials to train our models. By accessing or using our Services, you grant us a non-exclusive, worldwide, royalty-free right and license to use, host, reproduce, display, and perform publicly, and modify the Materials for the purpose of hosting, operating, and providing the Services.

Platform Metadata. You acknowledge that we may aggregate and/or de-identify metadata related to your use of the Platform and use such aggregated and de-identified data for any purpose, including to improve the Platform, develop other products and services, and understand how the Platform is being used. When we use the term “metadata”, we mean any data that’s 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 the Services.

Paid Accounts

Billing. If you subscribe to any paid version of our Services, you will provide complete and accurate billing information, including a valid payment method. You authorize us to charge you using this billing information and provide your billing information to any third party payment processors to complete payment. You are responsible for all applicable taxes, and we will charge applicable taxes when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.

Auto-renewal. Unless otherwise stated in the applicable ordering document or online order, you agree that certain subscription plans for the Services will automatically renew at the end of the then-current subscription term for a renewal period equal to the original subscription term, at Writer’s then-current rates. You authorize Writer to automatically charge you for the applicable fees on or after each renewal unless you have elected to cancel such Services prior to the applicable renewal date. To cancel, you can reach out to support@writer.com. Payments are non-refundable, except where required by law.

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 an opportunity to review and accept the additional fees before you are charged.

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. 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.

Disclaimer, Indemnification, and Limitation of Liability

Disclaimer. EXCEPT AS OTHERWISE STATED IN THESE TERMS, OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Indemnification. You agree to defend Writer 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 Writer harmless from and against any damages and costs awarded against Writer by a court of competent jurisdiction or agreed in settlement by you resulting from such claims. Writer reserves the right to assume the exclusive defense and control of such disputes, and in any event, you agree to cooperate with Writer in asserting any available defenses.

Total Liability. In no event will Writer 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. Writer’s total aggregate liability for any claims related to the Terms will not exceed One Hundred Dollars ($100).

Dispute Resolution and Arbitration

Dispute Resolution. We will work with you directly and informally in the event of any potential legal disputes. 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, 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 legal@writer.com. 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 Writer 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 Writer knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

General Terms

Use of our Brand. 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.

Changes to the Services. We are continuously working to develop and improve our Services. We may sometimes add or remove features, 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.

Changes to These Terms. We may update these Terms or provide notices related to these Terms from time to time, provided we will notify you in the event of any material changes and as otherwise required by law.

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 Writer’s 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 any party 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 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. Either Party’s failure to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision.

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. Neither party will have the power to bind the other or to incur obligations on the other’s behalf without such other party’s prior written consent. Except as expressly set forth in the Terms the exercise by either party of any remedy hereunder will be without prejudice to its other remedies under these Terms or otherwise.

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.