Terms and Condition - Job Search Genius

Agreement to Terms of Use

Last Updated: December 27, 2023

These Terms of Use (“Terms” or “Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and WriteSea Group, Inc. and its subsidiaries and affiliates including the branded website, jobsearchgenius.ai (collectively, “Company“, “WriteSea”, “we”, “us”, or “our”), concerning your access to and use of the writesea.com or jobsearchgenius.ai platform as well as any other website, media channel, mobile site or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”).

We operate globally and, as a result, different laws may apply depending on where a user resides. These Terms are intended to apply to all users regardless of geographic location to the extent legally enforceable in each user’s place of residence.

If you are a resident of the European Union, please see the EU Residents – Supplemental Terms of Use for more information about specific additional or alternative terms that apply to you.
If you are a resident of the United Kingdom, please see the UK Residents – Supplemental Terms of Use for more information about specific additional or alternative terms that apply to you.
If you are a resident of the United States, please see the US Residents – Supplemental Terms of Use for more information about specific additional or alternative terms that apply to you.

You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms including any supplemental terms that apply to you based on where you live.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS (INCLUDING ANY SUPPLEMENTAL TERMS), THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated by reference into these Terms. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Platform after the date such revised Terms are posted.

The Platform is intended for users who are at least 18 years of age.

NOTE: THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT MAY AFFECT YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS AND WITH RESPECT TO ANY AND ALL DISPUTES YOU MAY HAVE WITH THE COMPANY. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WRITESEA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

When using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Notice located at https://writesea.com/policy. All such terms are hereby incorporated by reference into these Terms of Service.

1. Access and Use of the Service

Services Description: The Service is designed to provide resume creation and career related services (“Service”).

Your Registration Obligations: You may be required to register with WriteSea in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Notice. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may only use the Service, with or without registering as applicable, with the approval of your parent or guardian.

User Representations: By using the Platform, you represent and warrant that: (1) all registration information and other information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction in which you reside; (6) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Platform for any illegal or unauthorized purpose; and (8) your use of the Platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws to the extent local laws are applicable.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify WriteSea of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. WriteSea will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: WriteSea reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WriteSea will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that WriteSea may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on WriteSea’s servers on your behalf. You agree that WriteSea has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Service. You acknowledge that WriteSea reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that WriteSea reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to comply with changes in laws, regulations or similar requirements.

AI Technologies and Data: At WriteSea, we leverage artificial intelligence technology (AI) to enhance our services and user experience. The AI may include, but are not limited to, generating content, providing recommendations, or automating routine tasks. By using our Platform you also are agreeing to these terms and our privacy policy which governs how we process your data. Our Privacy Policy can be found here.

How we handle data in connection with these AI technologies:

Data Utilization: Our AI technologies may process the data you provide to us, as well as the data we collect as described in our Privacy Policy, to deliver the AI-powered features and services offered on our Platform.

Third-Party AI Services: We may engage third party services such as OpenAI or others to provide or enhance the AI services on our Website. We encourage you to review the OpenAI Privacy Policy. We may share necessary data with these AI services solely for the purpose of providing, improving, or troubleshooting the AI features on our Platform. Please read our Privacy Policy to learn how we may use your data in connection with using the Platform.

User Input: Some AI services may require your input to function. When providing input for AI processing, you are responsible for ensuring the accuracy and legality of the data provided.

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, (iii) the ability to access certain features through an application downloaded and installed on a mobile device, and (iv) the ability to receive notifications, messages, and updates on your mobile device (including via calls and text messages) (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Services, you are also consenting to be contacted by WriteSea or one of our partners about our (or one of our partners’) services and products by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. You do not have to agree to receive such communications as a condition of getting any services or products from WriteSea. In the event you no longer want to receive communications from WriteSea or one of its partners you agree to notify us directly. In the event you no longer want to receive communications from WriteSea or one of its partners you agree to notify us directly at support@writesea.com.

2. Conditions of Use

WriteSea Platform: WriteSea and its sub-brand jobsearchgenius.ai offers a platform that provides technology enabled resume creation and career services to its users and partners (“WriteSea Platform”).

No Professional Advice: You acknowledge and agree that WriteSea does not provide any professional advice as part of providing the Services. No action should be taken based upon any information obtained through the Services without first seeking independent professional advice where appropriate. Without limiting the foregoing, you (not WriteSea) are solely responsible for (and you shall hold WriteSea harmless with respect to): (i) compliance with any and all applicable laws, rules and regulations, (ii) determination of any and all amounts you may owe to the government or other third parties and full payment thereof (including, without limitation, all applicable taxes, penalties, and interest), and (iii) any use you may make of the Services to assist you with the foregoing.

User Conduct: You are solely responsible for all video, images, information, data, text, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by WriteSea. WriteSea reserves the right to investigate and take appropriate legal action against anyone who, in WriteSea’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of WriteSea, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose WriteSea or its users to any harm or liability of any type;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
violate any applicable local, state, national or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your credentials or your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

To the extent permitted by applicable law, WriteSea takes no responsibility and assumes no liability for any content or for any loss or damage resulting therefrom, nor is WriteSea liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the WriteSea Services. Your use of the WriteSea Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the WriteSea Services will not contain any content that is prohibited by such rules.

WriteSea is not liable for any statements or representations included in the content. WriteSea does not endorse any content, opinion, recommendation, or advice expressed therein, and WriteSea expressly disclaims any and all liability in connection with the content. To the fullest extent permitted by applicable law, WriteSea reserves the right to remove, screen, or edit any content posted or stored on the WriteSea Services at any time and without notice, including where such content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any content you post or store on the WriteSea Services at your sole cost and expense. Any use of the WriteSea Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the WriteSea Services.

Fees: To the extent the Service or any portion thereof is made available for any fee you will be required to provide WriteSea information regarding your credit card or other payment instrument. You represent and warrant to WriteSea that such information is true and that you are authorized to use the payment instrument. If you have registered for the Services via a subscription plan, you expressly acknowledge and agree that (a) WriteSea is authorized to charge your credit card or other payment instrument in accordance with the terms of your subscription plan for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or WriteSea suspends or otherwise stops providing access to the site and/or Services in accordance with these terms. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you dispute any charges by WriteSea you must let WriteSea know within thirty (30) days after the date that WriteSea charges you. If WriteSea does change prices, WriteSea will provide notice of the change on the Site or in email to you, at WriteSea’s option, at least 30 days before the change is to take effect. If you have registered for the Services via a subscription plan, your subscription plan may be subject to fee adjustments, including automatic fee increases, during your subscription term in accordance with the terms of your subscription plan; and where a fee adjustment applies to you, we will charge or invoice you under the new price structure, starting with the next billing period in the subscription term, or otherwise in accordance with the terms of your subscription plan. Your continued use of the Service after the price change or fee adjustments becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on WriteSea’s net income.

Chargebacks: To the extent you have received payment for goods or services through the WriteSea Platform (“Payee”) from or on behalf of you or or your authorized person (“Payor”), the amount of a transaction may be charged back or reversed to Payee’s payment account (a “Chargeback”) if the transaction (a) is disputed by the Payor, (b) is reversed for any reason, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of these Terms of Service. Payee shall owe WriteSea and will immediately pay WriteSea the amount of any Chargeback and any associated fees, fines, or penalties assessed by any processing financial institutions, or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies.

Authorization to Charge Payment Methods on File: You, as Payee, authorize our third party payment processor stripe or such similar payment processor to charge you in the amount of any Chargeback; any other amount you owe us; any Losses we may incur relating to your transactions, your use of the Services, or your business; any obligations you owe us, including under these Terms of Service or any other agreement we have with you; or to fund the Reserve. To execute such charges, you expressly authorize the following: to (a) initiate individual or reoccurring debit entries to any bank account the payment processor has on file for you (e.g., ACH debits) and (b) charge any credit or debit card account the payment processor has on file for you. If any debit entry or charge is rejected, you agree to immediately pay the amount due directly to us and authorize us to initiate with the payment processor other debit entries and charges at any time and from time to time in any amount up to the amount due until the amount due is paid in full. We are not responsible for any amount you may incur from our charges, including overdraft and overlimit fees. Payment methods the payment processor has on file for you include payment methods you identify to them. For purposes of this and the next section, “Losses” include Chargebacks, refunds, returns, shortfalls, adjustments, settlements, losses, liabilities, damages, fines, penalties, fees, costs and expenses.

Reserve: We may withhold funds from payments (including payment processor payouts) to you, as Payee, and/or designate an amount of funds that you must maintain in a reserve account held by us (“Reserve”) to pay any actual or potential Losses we believe we may incur related to your transactions, your use of the Services, your business, or to secure the performance of your obligations under any agreement between you and us, including these Terms of Service. The Reserve will be in an amount determined by us in our sole discretion to cover actual or potential Losses we may incur and current, past and future obligations you may owe us. The Reserve may be raised, reduced or removed at any time by us, in our sole discretion. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any payment method we have on file for you. You grant us a security interest in and lien on any and all funds held in the Reserve, and also authorize us to make any withdrawals or debits from the Reserve, and charge any payment method we have on file for you, to cover any Losses, obligations and amounts you owe us. You will execute any documents required by us to perfect our security interest in any funds in the Reserve or requested by us in connection with the Reserve.

Setoff: In the event that there is an outstanding amount you owe us, we may set off such amount from any payments that would otherwise be made to you.

Power of Attorney: You appoint us and our designees your true and lawful attorney in fact, with full power to take any action in your name and place relating to any amounts you owe us under any agreement you have with us, including these Terms of Service, that we deem advisable and consistent with the terms of such agreement. You will timely execute and deliver to us any power of attorney instrument we may require evidencing our authority and power under this section.

Due Diligence: Where applicable if you are an operating business and in the context of your business relationship with WriteSea, you agree to provide us with any financial statements, balance sheets, statements of income, bank and credit card account information, and any other financial or business information we may reasonably request for our due diligence purposes on you within two (2) business days of our request. Failure to provide this information timely is a breach of these Terms of Service and may result in establishing a Reserve or raising the amount of the Reserve.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

3. Intellectual Property Rights

Intellectual Property Rights: Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Service Content”) and the trademarks, service marks, and logos contained therein (the “WriteSea Trademarks”) are owned by us or licensed to us, and are protected by trade secret or other proprietary rights and laws and various other intellectual property rights and unfair competition laws of the United States, the European Union, other foreign jurisdictions, and international conventions. For the avoidance of doubt, the WriteSea name and logos are trademarks and service marks of WriteSea are WriteSea Trademarks. Other WriteSea, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to WriteSea. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of WriteSea Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of WriteSea Trademarks will inure to our exclusive benefit.

The Service Content and the WriteSea Trademarks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Platform and no Service Content or WriteSea Trademarks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Service Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Service Content and the WriteSea Trademarks.

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by WriteSea, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by WriteSea from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of WriteSea, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by WriteSea.

Third Party Material: Under no circumstances will WriteSea be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that WriteSea does not pre-screen content, but that WriteSea and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, WriteSea and its designees will have the right to remove any content that violates these Terms of Service or is deemed by WriteSea, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients, whether as a User, Vendor or Business (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant WriteSea and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of or improvements to the Service in any form, medium or technology now known or later developed. Notwithstanding the foregoing, WriteSea will not disclose any Vendor Contracts that have been uploaded to the Service to any third party without your authorization. However, for clarity, you acknowledge and agree that WriteSea may collect, analyze and use certain Vendor Contract information on an aggregated, anonymous basis in order to provide the Services.

However, for clarity, you acknowledge and agree that WriteSea may collect, analyze and use uploaded information on an aggregated, anonymous basis in order to provide the Services. You further acknowledge and agree that WriteSea may collect, analyze and use contact information subject to data privacy rules and requirements, from uploaded material such as name, email address and phone numbers in order to provide future Services directly to specific users. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to WriteSea are non-confidential and WriteSea will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Please review our Privacy Notice for further details regarding how we treat data here.

You acknowledge and agree that WriteSea may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of WriteSea, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Publicity: You acknowledge and agree that WriteSea may use your name, image and likeness on WriteSea’s website and marketing materials to identify your relationship with WriteSea.

Copyright Complaints: WriteSea respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify WriteSea of your infringement claim in accordance with the procedure set forth below.

WriteSea will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to WriteSea’s Copyright Agent at support@writesea.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

100 S Cincinnati Ave Suite 533 Tulsa OK 74103.

To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the State of Oklahoma and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, WriteSea will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, WriteSea has adopted a policy of terminating, in appropriate circumstances and at WriteSea’s sole discretion, users who are deemed to be repeat infringers. WriteSea may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Third Party Websites

4. Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. WriteSea has no control over such sites and resources and WriteSea is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that WriteSea will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that WriteSea is not liable for any loss or claim that you may have against any such third party.

5. Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like, but not limited to, Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Notice. For more information about the implications of activating these Social Networking Services and WriteSea’s use, storage and disclosure of information related to you and your use of such services within WriteSea (including your friend lists and the like), please see our Privacy Notice at https://writesea.com/policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and WriteSea shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, WriteSea is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, WriteSea is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. WriteSea enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

6. Indemnity and Release

You agree to release, indemnify and hold WriteSea and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

7. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WRITESEA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WRITESEA MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

8. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WRITESEA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WRITESEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) ANY ACTS, OMISSIONS, STATEMENTS OR OTHER CONDUCT OF ANY SERVICES OR OTHER THIRD PARTIES ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL WRITESEA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR THE SOFTWARE AND ADDITIONAL SERVICES GIVING RISE TO THE LIABILITY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

9. Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

If you are a resident of the EEA, please see the EU Residents – Supplemental Terms of Use for more information.

All other users, please read this section carefully. It affects your rights. You agree that by entering into these Terms, you and we are each waiving any right to trial by jury or to participate in a class action. You agree that, by entering into this Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Governing Law. All claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of the Platform, shall be governed by the laws of the United States of America and the State of Delaware without giving effect to any conflict of laws principles that may otherwise provide for the application of the law of another jurisdiction.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded by these Terms. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of this Section “Dispute Resolution By Binding Arbitration” is referred to in this Terms of Service as the “Arbitration Agreement” or the “Agreement to Binding Arbitration” shall be interchangeable. For any claim, dispute, or other legal proceeding not subject to the “Agreement to Binding Arbitration” provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Kent County, Delaware or the federal courts in the District of Delaware, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. You may provide notice to us using the information provided in the “CONTACT US” section below.

Agreement to Binding Arbitration. Subject to the Exceptions to Arbitration set forth below, you and we each agree that any and all disputes between Platform users arising under or related in any way to these Terms and such users’ use of the Platform must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this “DISPUTE RESOLUTION BY BINDING ARBITRATION” section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.

Exceptions to Arbitration: This Agreement to Arbitrate will not apply to the following: (a) small claims court cases; (b) legal proceedings that involve efforts to obtain user identifying information; (c) any legal proceedings brought against the Company by companies or other legal entities or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by the Company against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; (e) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (f) where the application of this provision is prohibited by applicable law; or (g) where your claim is under the Data Privacy Framework, subject to your election for binding arbitration under the Data Privacy Framework, as detailed in the Privacy Notice. If, for some reason, the prohibition on class arbitrations set forth in this DISPUTE RESOLUTION BY BINDING ARBITRATION section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.

Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this section, and will be administered by the AAA. The AAA’s rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or us shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules at the time the arbitration is commenced, the arbitration shall be held in Tulsa, Oklahoma. For any claim where the total amount of the award sought is $20,000 or less, you and we may elect to have the arbitration conducted by telephone or telephonic means such as Zoom or a similar technology or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or we may attend by telephone or Zoom or a similar technology, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Platform user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.

If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Limitation to Assert a Claim. In no event shall any Dispute be commenced more than six (6) months after the facts giving rise to the claim occurred.

Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution: Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@writesea.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to 100 S Cincinnati Ave Suite 533 Tulsa OK 74103 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.

Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, you will pay all Arbitration Fees. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability: If a court or the arbitrator decides that any term or provision of this arbitration provision (other than the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

Future Changes: Notwithstanding any provision in this Terms of Service to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

10. Termination

You agree that WriteSea, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if WriteSea believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. WriteSea may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that WriteSea may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that WriteSea will not be liable to you or any third party for any termination of your access to the Service.
If you have registered for the Service via a subscription plan, you may cancel your subscription at any time by sending an email to support@writesea.com notifying us of your intent to cancel at least thirty (30) days prior to the end of your then-current subscription term.

11. User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and WriteSea will have no liability or responsibility with respect thereto. WriteSea reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

12. General

These Terms of Service constitute the entire agreement between you and WriteSea and govern your use of the Service, superseding any prior agreements between you and WriteSea with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and WriteSea agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Kent County, Delaware. The failure of WriteSea to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of WriteSea, but WriteSea may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

13. Your Privacy

At WriteSea, we respect the privacy of our users. For details please see our Privacy Notice here. By using the Service, you consent to our collection and use of personal data as outlined therein.

14. Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at WriteSea, (646) 582-0199, 100 S Cincinnati Ave Suite 533 Tulsa OK 74103.

15. Contact Us

Please contact us at support@writesea.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.

EU RESIDENTS – SUPPLEMENTAL TERMS OF USE

Last Updated: December 27, 2023

We offer our Platform and services within the European Union. These supplemental terms of use apply to you if you are a resident of the European Union (“EU Supplemental Terms”).

Therefore, if you are residing in the European Union, the general Terms of Use and these EU Supplemental Terms will apply. If there is any conflict between the Terms of Use and these EU Supplemental Terms, and these EU Supplemental Terms apply to you, then the EU Supplemental Terms will prevail.

Unless otherwise specified, definitions in this EU Supplemental Terms will have the same meaning as the definitions used in the Terms of Use.

Prior to the creation of your account, the text of these Terms of Use will be made available to you electronically via the Platform in such a manner that it can be easily stored by you on a durable data carrier.

We reserve the right, in our sole discretion, to make changes or modifications to the Terms of Use or these EU Supplemental Terms at any time. We will inform you about any changes before the effective date of the changes. If you continue to use the Platform after the effective date of the changes, you will be deemed to have been made aware of and to have accepted the changes in any revised Terms or EU Supplemental Terms.

Intellectual Property Rights

Intellectual Property Rights are all present and future Intellectual Property Rights, anywhere in the world, in respect of the Platform, belonging to us and/or our licensors now or in the future, including copyrights, database rights, trademark rights, design rights, trade name rights, domain name rights, patent rights, trade secret rights as well as similar rights under unwritten law, such as rights regarding slavish imitation.

Provided that you are eligible to use the Platform, you are granted, solely for the purpose of execution of your account, a limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks. This license is given for the duration of your account and you hereby accept this license. We are at all times entitled to terminate this license unilaterally, early and with immediate effect, without having to pay you any compensation.

You indemnify us against any loss arising from any infringement of Intellectual Property Rights by you in respect of the Platform. You will compensate us for all costs and loss, including the costs of legal assistance, arising from a violation of Intellectual Property Rights. You will take measures at your own expense in order to limit the costs to be incurred and/or loss to be suffered by us.

Fees And Payment

If we determine any taxes, such as sales taxes, or any other charges apply to our fees, the price of purchase on the Platform will include these taxes and/or fees during the ordering process.

If your purchase is subject to recurring charges, then you have the option to provide us the right to charge you payment by direct debit. In which case we will charge your payment on a recurring basis, without requiring you prior approval before each recurring charge, until you notify us of your cancellation.

Right Of Withdrawal

When purchasing digital content, you, as a consumer residing in the EU, have the right to withdraw from the agreement for a period of 14 days from the delivery date, without providing a reason for the withdrawal.

The right to withdraw from the agreement for the supply of digital content shall not apply if you have expressly stated that you wish to receive the digital content within the withdrawal period and have expressly waived the right of withdrawal.

When entering into a 7-day trial subscription, a money-back-guarantee shall apply for the duration of the trial subscription. Within 14 days of your declaration that you are invoking this guarantee, the amount already paid by you shall refunded.

Liability

We are not liable for:

a) any misunderstandings, errors or failures with respect to the performance of the Platform and/or our services, if these are caused by or are the result of your actions, such as the failure to supply complete, sound, correct and clear data (or the failure to do so in time);

b) errors or failures by third parties engaged by or on behalf of you;

c) information that third parties have placed on the Platform.

We can only be held liable for direct damages or loss attributable to us. Liability for any (financial) damage or loss other than direct damages and/or loss, such as indirect damage or loss, including but not limited to consequential damage or loss, loss of profit, damage or loss caused by stolen, inaccessible, mutilated, destroyed or lost (personal) data or materials, lost savings, loss due to business interruption or damage or loss due to or resulting from a security leak, security breach or cybercrime, is excluded.

Except in the case of gross negligence or willful misconduct, our aggregate liability for damage or loss arising from our services and/or the Platform, or otherwise arising out of or in connection with these Terms, will be limited to an amount equal to the fees paid to us by you.

Force Majeure

In the event of force majeure, we will not be obliged to fulfil any of our obligations, including any statutory and/or agreed guarantee obligation. Furthermore, we are not liable for any damage suffered by you as a result of a force majeure situation.

Force majeure on our part includes, but is not limited to:

a) suppliers on whom we depend not fulfilling their obligations;

b) defective goods, equipment, software or materials from third parties;

c) epidemics and pandemics;

d) when our network comes to a standstill for reasons for which we cannot be held accountable, including – but not limited to – a cyber-attack or (D)DoS attacks in any form or a failure in internet traffic, hardware or software problems or any other external cause;

e) maintenance to the Platform, resulting in interruptions, delays or errors;

f) government measures including financial regulation and legislation;

g) strikes, forced business closures, riots and any other form of disruption and/or hindrance caused by third parties, which hinders us;

h) illness of one or more employees who are difficult to replace;

i) a power failure, failure of internet, data network or telecommunications facilities; or

j) any other cause beyond our reasonable control.

Dispute Resolution

All claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under the Terms of Use, the EU Supplemental Terms, or your access to or use of the Platform, shall be governed by the laws of Ireland.

Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded by the Terms of Use and these EU Supplemental Terms.

Unless you opt – in writing – for settlement of the dispute by the court which is competent under the law within one month after this provision was invoked in writing, each claim, dispute, or other legal proceeding shall be brought and litigated exclusively to the court of Ireland, located in Dublin, Ireland.

For the avoidance of doubt, this provision shall not apply to matters related to data privacy. Data privacy related matters shall be governed by the Privacy Notice here.

Complaints

In order to resolve a complaint regarding the Platform, please contact us within a reasonable period of time after you have detected or could reasonably have detected a problem at support@writesea.com. We will reply within a reasonable period of time.

UK RESIDENTS – SUPPLEMENTAL TERMS OF USE

Last Updated: December 27, 2023

We offer our Platform and services within the United Kingdom. These supplemental terms of use apply to you if you are a resident of the United Kingdom (“UK Supplemental Terms”).

Therefore, if you are residing in the European Union, the general Terms of Use and these UK Supplemental Terms will apply. If there is any conflict between the Terms of Use and these UK Supplemental Terms, and these UK Supplemental Terms apply to you, then the UK Supplemental Terms will prevail.

Unless otherwise specified, definitions in this UK Supplemental Terms will have the same meaning as the definitions used in the Terms of Use.

We reserve the right, in our sole discretion, to make changes or modifications to the Terms of Use or these UK Supplemental Terms at any time. We will inform you about any changes before the effective date of the changes. If you continue to use the Platform after the effective date of the changes, you will be deemed to have been made aware of and to have accepted the changes in any revised Terms or UK Supplemental Terms.

Intellectual Property Rights

Fees And Payment

If we determine any taxes, such as sales taxes, or any other charges apply to our fees, the price of purchase on the Platform will include these taxes and/or fees during the ordering process.

Right Of Withdrawal

When purchasing digital content, you, as a consumer residing in the UK, have the right to withdraw from the agreement for a period of 14 days from the delivery date, without providing a reason for the withdrawal.

Liability

We are not liable for:

b) errors or failures by third parties engaged by or on behalf of you;

c) information that third parties have placed on the Platform.

Force Majeure

Force majeure on our part includes, but is not limited to:

a) suppliers on whom we depend not fulfilling their obligations;

b) defective goods, equipment, software or materials from third parties;

c) epidemics and pandemics;

e) maintenance to the Platform, resulting in interruptions, delays or errors;

f) government measures including financial regulation and legislation;

g) strikes, forced business closures, riots and any other form of disruption and/or hindrance caused by third parties, which hinders us;

h) illness of one or more employees who are difficult to replace;

i) a power failure, failure of internet, data network or telecommunications facilities; or

j) any other cause beyond our reasonable control.

Dispute Resolution

All claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under the Terms of Use, the UK Supplemental Terms, or your access to or use of the Platform, shall be governed by the laws of England and Wales.

Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded by the Terms of Use and these UK Supplemental Terms.

For the avoidance of doubt, this provision shall not apply to matters related to data privacy. Data privacy related matters shall be governed by the Privacy Notice here.

Complaints

US RESIDENTS – SUPPLEMENTAL TERMS OF USE

Last Updated: December 27, 2023

These supplemental terms of use to you if you are a resident of the United States (“US Supplemental Terms”). Therefore, if you reside in the United States, both Terms of Use and this US Supplemental Terms will apply. If there is any conflict between the Terms of Use and these US Supplemental Terms and these US Supplemental Terms apply to you, then the US Supplemental Terms will prevail.

Copyright Infringement

If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the Notification must include substantially the following:

your physical or electronic signature;
identification of the copyrighted work you believe to have been infringed;
identification of the material on the Platform that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material;
your contact information including your name, mailing 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 notice is accurate; and
a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

If you do not comply with these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Platform infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.

U.S. Government Rights

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”), 48 C.F.R. § 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms in accordance with 48 C.F.R. § 12.212 (for computer software) and 48 C.F.R. § 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense (“DOD”), our services are subject to these Terms in accordance with Defense Federal Acquisition Regulation (“DFARS”), 48 C.F.R. § 227.7202-3. In addition, 48 C.F.R. § 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms.

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Agreement to Terms of Use

1. Access and Use of the Service

2. Conditions of Use

3. Intellectual Property Rights

4. Third Party Websites

5. Social Networking Services

6. Indemnity and Release

7. Disclaimer of Warranties

8. Limitation of Liability

9. Dispute Resolution By Binding Arbitration

10. Termination

11. User Disputes

12. General

13. Your Privacy

14. Notice for California Users

15. Contact Us

EU RESIDENTS – SUPPLEMENTAL TERMS OF USE

UK RESIDENTS – SUPPLEMENTAL TERMS OF USE

US RESIDENTS – SUPPLEMENTAL TERMS OF USE

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