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Terms of Service

These Terms of Service (the "Terms") govern your use of the data analysis platform and associated tools (collectively, the "Service") made available by Writ Labs, Inc. ("Writ"), including as made available through our website at http://writ.so. Your use of the Service indicates that you agree on behalf of yourself or the entity that you represent (collectively, "you") to be bound by these Terms. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. We reserve the right to modify these Terms prospectively at any time. We will post any changes to these Terms on our website and will indicate the date the Terms were last revised. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you and where required by law, notify you. Your continued use of the Service after any such change constitutes your acceptance of the updated Terms.

  1. Overview of the Service

The Service contains two primary functions—a "community" and a "private" solution. You have the option to use the Community, the Private Solution, or both. Here are the distinctions between the Community and Private Solution: Community. The Writ community (the “Community”) enables users (i) to publicly share their ideas, as well as queries and associated data analyses, with all other users of the Service, and (ii) to access, manipulate and collaborate on the data, queries and data analyses shared via the Community by other users. The Community is free to all users. Private Solution. The Writ private solution (the “Private Solution”) enables users of each private group (i) to share data, as well as queries and associated data analyses, only with other authorized users of that particular private group, and (ii) to access, manipulate and collaborate on the data, queries and data analyses shared by the other users of that private group. Writ offers both trial and paid (“Paid Service”) versions of the Private Solution, with the trial version having limited functionality.
As a trial Service, Writ is subject to certain use limitations and users may not avoid this limit by sharing their account information or passwords (see our website for a description of such limitations, which we may revise at any time). Moreover, users are prohibited from attempting to bypass Writ’s payment requirements to obtain access to Paid Services, whether by accessing Writ’s APIs or otherwise. Writ reserves the right to deactivate immediately, without notice, any account holder or organization who violates these use limitations. All data, queries, comments, analyses or other content is collectively referred to in these Terms as "Content." All Content uploaded or posted to, or otherwise made available on, the Service through your account is collectively referred to in these Terms as "Your Content." Provided, however, for avoidance of doubt, Your Content does not mean or include any data that is generated automatically by the Services concerning your use of the Services (the “Meta-data”). Such Meta-data may include, but is not limited to, information concerning the number of reports you run, report run times, and the identity of the person that ran a report. Writ will not be responsible if you incorrectly share Your Content. The Private Solution has functionality that allows you to expose Your Content to people who are not authenticated to the Service. Writ will not be responsible if you expose private information using this or similar features. You are solely responsible for determining whether any information you share through the Service is in compliance with applicable laws, rules and regulations and your or your organization’s policies concerning the use of private or confidential information.

  1. Eligibility

In order to use the Service, you must register and set up a user account. The user registration process requires that you agree to these Terms. The Service is intended solely for individuals who are at least 18 years of age or older. Any registration on or use of the Service by anyone under 18 is unauthorized. By using the Service, you represent and warrant that you are at least 18 years old.

  1. Registration

When you register with Writ, you will be asked to disclose certain personal information, including your name and email address, and to set up a user name and password, all of which will be subject to our Privacy Policy available here. You are responsible for all activities that occur under your account and for keeping your password and log-in information secure. Please keep in mind that your name and the user name on your account will be viewable by other users of the Service. You agree that you (1) will monitor your account, (2) will not share your account or password with anyone, and (3) will notify Writ immediately of any unauthorized use of your account or password, or any other breach of security. You agree to provide us with true, accurate and complete information as requested in our registration process. You also agree to update such information promptly as necessary to keep it current and accurate.

  1. Financial Terms

The Community is available free of charge for public use and allows you only to view information other Writ users disclose. When you use the Community, you may disclose or upload Your Content using only the Community. You may also perform analysis on Your Content or on others’ Content. As described in Section 1 (Overview of the Service), the private solution is available in two versions: (i) a trial (with limited functionality) and (ii) as a Paid Service. The Paid Service is available for a fee. You will be invoiced in accordance with the terms of the applicable Order Form. If applicable, you will be billed monthly, in arrears, for Writ users in your organization for whom you did not already purchase licenses, and any other applicable fees. You agree to pay all fees or charges to your account for the Paid Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide Writ with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Premium Service. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not the Terms to determine your rights and liabilities with respect to your Payment Provider. By providing Writ with your credit card number and associated payment information, you agree that Writ is authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to Writ hereunder and that no additional notice or consent is required. You agree to immediately notify Writ of any change in your billing address or the credit card used for payment hereunder. Writ reserves the right at any time to change its prices and billing methods, either immediately upon posting on our website or by e-mail delivery to your organization’s administrator(s). All fees and other amounts payable by you under these Terms are exclusive of taxes and similar assessments. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on Writ’s income. Upon termination of these Terms or cancellation of your account for the Service for any reason, all fees specified in the applicable Order Form are immediately due and payable, regardless of the billing terms provided in such Order Form. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. All fees for the Services are non-refundable. No contract will exist between you and Writ for the Services until Writ accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. You are responsible for any third-party fees that you may incur when using the Service.

  1. User Conduct

You agree not to upload to or otherwise make available through the Service any of the following:

  • any Content subject to copyright that is not your original work, unless you have permission from the rightful owner to post such Content and to grant Writ all of the licensed rights granted herein;
  • any confidential or private information of any third party;
  • any Content that is harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful, or otherwise objectionable;
  • any Content that infringes or misappropriates third-party intellectual property rights, or is invasive of privacy or publicity rights. In using the Service, you also agree not to do any of the following:
  • represent or imply that you are a representative of Writ or that any of Your Content is endorsed by Writ;
  • impersonate any other person or entity in your account, or falsely state or otherwise misrepresent yourself or your affiliation with any other person or entity in your account;
  • use or attempt to use another user's account;
  • intimidate or harass another user of the Service;
  • use the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • conduct any activities that could damage, disable, overburden or impair the Service, including by writing any malicious code or attempting to alter any of the raw data available through the Service;use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
  • use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
  • modify another online offering or service so as to suggest that it is affiliated with the Service; or
  • use the Service in a way that is not in compliance with any applicable law, rule or regulation.
  1. No Endorsement or Warranty

While we believe in accurate and truthful analysis, we cannot moderate all Content on the Service. Accordingly, you acknowledge that Writ does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any Content uploaded to or otherwise made available on the Service, whether by Writ or by or on behalf of any user, or any opinion or result derived from any such Content. You further acknowledge that Writ does not provide any warranty for any Content uploaded to or otherwise made available through the Service.

  1. Your Content and Licenses

Writ does not assert ownership over any of Your Content. Rather, subject to the rights granted to Writ and our users in these Terms, you retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights thereto. You understand and agree that you are solely responsible for all of Your Content. This means that you are responsible for all comments and analysis added through your account to any Content made available on the Service by other users. It also means that such other users (and Writ) are not responsible for any comments or analysis added through your account to their Content. And you (and Writ) are not responsible for any comments or analysis added to Your Content by other users. For any of Your Content that you create in Writ's Community (thereby viewable by all users of the Service), you grant Writ a non-exclusive, irrevocable, perpetual, transferable, fully paid, worldwide license to use, copy, prepare derivative works of (including excerpting, in whole or in part), distribute and publicly display Your Content on the Service. For any of Your Content that you create in Writ’s Private Solution, you grant Writ a non-exclusive, irrevocable, perpetual, transferable, fully paid, worldwide license to use, copy, prepare derivative works of (including excerpting, in whole or in part), distribute and publicly display Your Content solely on such Private Solution of the Service. You also grant Writ a non-exclusive, irrevocable, perpetual, transferable, fully paid, worldwide sublicensable license to authorize users of the Service to use any of Your Content obtained via the Service. You authorize Writ to store copies of any or all of Your Content as we deem necessary in order to facilitate the operation of the Service. You acknowledge and agree that these licenses will survive any termination of your account or these Terms. You represent and warrant that you have all rights, consents and/or permissions necessary to grant the licenses in the previous paragraph, including under any and all copyright, trademark, and other intellectual property rights, as well as any moral rights, rights of privacy, rights of publicity and similar rights of any type in or to Your Content. You may not upload to or otherwise make available on the Service any Content for which you do not have all necessary rights, licenses, consents or permissions needed to so make available such Content on the Service. You should exercise caution, good sense and sound judgment in uploading or otherwise providing any Content to the Service. You should not provide any Content to the Community or the Service that is confidential or proprietary to you, your employer or any third party for which you do not have permission to disclose such Content. Please keep in mind that any Content that you upload to or otherwise make available to the Community will be publicly available (to all registered users of the Service), and any Content that you upload to or otherwise make available to a private group on the Service will be available to other users of that particular private group. Registered users not only have access to view Your Content made available on the Community, but they may also perform analyses on Your Content. For any of Your Content that you intend to disclose to a private group using Writ’s Private Solution, you are responsible for ensuring that you properly designate and use the Private Solution for Your Content. Writ will not be responsible if you incorrectly designate Your Content for Writ’s Community, and publicly disclose Your Content that you intended to remain confidential or private. The Private Solution has certain functionality (eg: “email”) that allows you to expose Your Content created in Writ’s Private Solution to people who are not authenticated to the Service. Writ will not be responsible if you expose private information using this or similar features. You understand and agree that Writ has no obligation to pre-screen Content (including, but not limited to Your Content), but Writ reserves the right to pre-screen, refuse or remove any Content. Writ may, but is not obligated to, review Content posted to the Service from time to time, and may delete or remove (without notice) from the Service any of Your Content in our sole discretion, for any reason or no reason, including, without limitation, if in our judgment such Content violates these Terms, might be offensive or illegal, or might harm or violate the rights or threaten the safety of our users or third parties.

  1. Dealings with Other Users and Third Parties.

You are solely responsible for your interactions with other users of the Service and any other third party, including any disputes between you and any other user of the Service. YOU AGREE THAT WRIT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM ANY DEALINGS BETWEEN YOU AND ANY OTHER USER OF THE SERVICE OR OTHER THIRD PARTY. We reserve the right, but have no obligation, to monitor or attempt to mediate any dispute between you and any other user of the Service.

  1. Ensuring Service Quality

Writ reserves the right to throttle, traffic shape or otherwise restrict your use of the Service on a temporary or permanent basis if in Writ’s judgment such actions are necessary to ensure the quality of the Service for all of our customers (e.g., because of excessive bandwidth use). By using the Service, you acknowledge and agree that throttling thresholds may be applied by Writ in its sole discretion.

  1. Indemnity You agree to indemnify, defend and hold harmless Writ, and its directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses (including reasonable attorney's fees) arising out of or in connection with (i) any allegation that any of Your Content infringes or misappropriates any intellectual property or other proprietary right of a third party or violates any applicable law, rule or regulation, (ii) your conduct in connection with the Service, and/or (iii) any violation by you of these Terms.

  2. Confidentiality

In providing the Service to you, Writ may disclose or make available to you Confidential Information. "Confidential Information" means information disclosed or made available by Writ in any form or medium (whether oral, written, electronic, or other) that Writ considers confidential or proprietary, including information consisting of or relating to Writ's technology, trade secrets, know-how, business operations, products, services, compliance reports, security testing reports, plans, strategies, customers, and pricing, in each case whether or not marked, designated, or otherwise identified as "confidential.” You agree: (i) not to divulge to any third person any Confidential Information except where disclosure is required for legal or regulatory purposes; provided that you give us prompt written notice of such requirement prior to such disclosure and use reasonable efforts to assist in obtaining order protecting the information form public disclosure, (ii) to allow access to Confidential Information solely by your employees (if any) with a need to have access thereto for purposes of using the Service, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of Confidential Information that you take with your own proprietary information, but in no event will you apply less than reasonable precautions to protect Confidential Information. Your obligations of non-disclosure with regard to Confidential Information will survive termination of your account with Writ.

  1. Intellectual Property Rights in the Service

Except as otherwise provided elsewhere in these Terms, the Service (including the layout and organization of the Service and the Content available thereon) and all meta-data related to the Service is the intellectual property of Writ or our licensors, with all rights reserved.

Subject to the terms and conditions of these Terms, Writ grants you a non-exclusive, revocable, limited license to access and use the Service, and to access, use, export and download the Content available thereon, all solely as enabled by the Service and subject to these Terms. Any use of the Service or any Content available thereon other than as specifically authorized in these Terms, without the prior written permission of Writ, is strictly prohibited and will automatically terminate the foregoing license granted to you. Also, this license will terminate upon any suspension, termination or cancellation of your access to the Service.

In addition, you agree not to do any of the following:

  • Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Service, or any part thereof;
  • Attempt to derive the source code or structure of the Service, or any part thereof;
  • Remove from the Service, or alter, any of Writ's or any of our licensors' trademarks, trade names, logos, patent or copyright notices, or other notices or markings; or
  • Distribute, sublicense or otherwise transfer access to the Service to others.
  1. Copyright Protection

The U.S. Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any Content uploaded or otherwise made available on the Service infringes upon any copyright which you own or control, you may contact us at legal@writ.so. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users of the Service who are deemed to be repeat infringers. Writ may also at its sole discretion limit access to the Service or terminate the account of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

  1. Trademarks

All trademarks, service marks, logos and trade names associated with Writ and/or the Service, whether registered or unregistered, are proprietary to Writ (or to other companies where so indicated). Such marks may not be used, including as part of others' trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Writ.

  1. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW). WRIT DOES NOT GUARANTEE ANY SPECIFIC RESULT FROM USE OF THE SERVICE, AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS ERROR-FREE OR WILL PROVIDE ACCURATE, COMPLETE, RELIABLE, OR CURRENT INFORMATION. Without limiting the foregoing, you acknowledge that Writ is not responsible or liable in any manner to you for any Content uploaded to or otherwise made available on the Service, whether uploaded or made available by users of the Service, by Writ, by a third party, or by any of the equipment or software underlying the Service. Writ shall not be responsible for any deletion, correction, destruction, damage, loss, failure to store, or theft of (or unauthorized access to) any of Your Content. In connection with making the Service available, we engage certain third-party vendors that provide hardware, software, networking, storage, and/or related technology necessary for the operation of the Service. Accordingly, our operation of the Service, including making Your Content available on the Service, may involve (i) transmissions of Your Content over various networks; (ii) changes to Your Content to conform and adapt it to technical requirements of connecting networks or devices, and (iii) transmission of Your Content to third-party vendors. In light of the foregoing, you acknowledge that you will be solely responsible for the security of Your Content and for protecting and backing up Your Content. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Writ is not responsible for any technical malfunction or any other problem with any network or service, server or other equipment, software, or any other system associated with your use of the Service. Under no circumstance will Writ be responsible for any loss or damage to your equipment, software or other technology resulting from your use of the Service or any Content available on the Service, or for any loss or damage you incur from any interactions with another user of the Service (whether online or offline). Writ reserves the right to modify the Service at any time without notice.

  1. Limitations on Liability

IN NO EVENT WILL WRIT OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER SPECIAL OR INDIRECT DAMAGES (INCLUDING FOR ANY LOST BUSINESS PROFITS) OR FOR PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WRIT IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WRIT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS AND AGENTS TO YOU (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO WRIT FOR THE SERVICE DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. This limitation of liability does not apply to liability resulting from Writ’s gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Term and Termination

Your use of the Service will be for a one-year period, unless another period is set forth in the Order Form (in which case the Order Form shall govern), subject to earlier termination as described below. Writ may terminate your access to the Service, delete your account and/or prohibit you from using or accessing the Service for any reason or no reason at any time in its sole discretion, with or without notice. You may cancel your account at any time by electing the account cancellation option in the account settings functionality of the Service.

  1. Governing Law

Your use of the Service and these Terms shall be governed by, and construed in accordance with, the internal laws of the State of Delaware without reference to the choice of law or conflicts of law principles thereof, and all claims relating to or arising out of your use of the Service or these Terms, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Delaware without reference to the choice of law or conflicts of law principles thereof.

  1. Disputes

Any dispute, claim or controversy arising out of or relating to the Service or these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Indianapolis, IN before a panel of three neutral arbitrators, unless the matter in controversy is within the scope of an applicable small claims court's jurisdiction. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude Writ or you from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.

  1. Miscellaneous

These Terms constitute the entire agreement between you and Writ regarding the use of the Service, superseding any prior agreements between you and Writ relating to your use of the Service. The failure of Writ to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The following provisions shall apply only if you are located in the countries listed: United Kingdom: A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act. Germany: Notwithstanding anything to the contrary in Section 15, Writ is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).

  1. Questions

If you have any questions regarding these Terms, please contact us by sending an email to support@writ.so.