EFFECTIVE AS OF Oct 01, 2023 | POSTED: Oct 01, 2023

‍Terms of Service
‍Greetings from textcontent.ai! Your use of our products is subject to these terms of service. All of our products and services, including our software, websites, applications, and other offerings, are referred to as "our products'' throughout these terms of service. textcontent.ai hereby acknowledges and affirms that, in the context of this agreement, the term "textcontent.ai" shall encompass and extend to include our subsidiary product, known as "smarthr.ai.In addition to these terms, we publish a Privacy Policy that describes how we process, collect, use, and protect your information.

Paid Accounts Billing:
Your account can be upgraded to gain access to paid features, in which case it becomes a paid account. When you do that, we'll automatically bill you starting on the day your account is converted to a paid one and every time it renews until it is canceled. You are responsible for all applicable taxes, and we shall charge tax when required. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.Refunds: You may terminate your textcontent.ai subscription at any time (instructions on how to do that are here). Refunds are issued if they are required by law.

Downgrades:
‍Your paid account will remain in effect until it’s canceled or terminated under these terms. If you fail to pay for your paid account on time, we reserve the right to suspend it or restrict your access to our free items.Free trials: textcontent.ai might provide a free trial subscription. If you use a free trial membership and cancel it before the trial time ends, you will lose all rights to any remaining free trial period. In most cases, we will only provide one free trial per user.

Changes:
We have the right to amend the fees in effect, but we will notify you in advance of any changes. Any pricing changes shall reflect in your next payment period.

Your Data Ownership and the Limited Permissions
You Grant Us
The words and documents you submit, upload, and communicate when using our products are referred to as User Content.
You own your User Content; textcontent.ai doesn’t own it. To provide our products to you, we need your permission (in legal language, a license) to use your User Content.

You grant us a license to your User Content for the limited purposes of:
Operating, providing, improving, troubleshooting, and debugging our products (for example, your acceptance or rejection of suggestions may help train our suggestion engine); Protecting our products (for example, to analyze patterns in usage to prevent abuse);Customizing our products (for example, to create personalized suggestions for you); and Developing new products or features (for example, creating our tone detector);The license you give us is only for the above purposes. That means we will not, for example, sell or license your User Content to third-party data brokers.
The license you grant us is:
Worldwide (so you can access your User Content from anywhere in the world);
Non-exclusive (meaning you own your User Content and can also license it to other people or companies);
Royalty-free (meaning we don’t pay you for it); and
For as long as intellectual property laws protect your User Content.
The license you give us allows us to—solely for the purposes outlined above—store, reproduce, use, publish, and publicly display (to show your User Content to you), modify, and create derivative works of (such as providing writing suggestions and autocorrecting words) your User Content. The license you give us also permits our service providers to assist us in doing this.
User Content is not owned, controlled, verified, or endorsed by textcontent.ai. You are solely responsible for your User Content. That is, you must back up all of your User Content and refrain from doing anything illegal or dangerous with it (including violating any intellectual property or trade secret laws). Our products are protected by copyright, trademark, and other laws. Except for this limited license, we reserve all right, title, and interest in our products, trademarks, logos, and other brand features. We welcome feedback, but you agree that we can use that feedback without restriction or any obligation to you.
Using textcontent.ai if you join a textcontent.ai product, you must use the products in compliance with your organization’s terms and policies.

Limitations on Use and Responsibilities

Acceptable Use Policy.
You must comply with our Acceptable Use Policy when you use our products. Keeping your account information up to date and safe. You are responsible for safeguarding your password to our products. Don’t share your account credentials or give others access to your account. We will use your account email address to contact you about our products, so you must ensure that your account information stays current.

Minimum age requirements.
To use our products, you must be at least 13 if you reside in the United States and 16 if you reside anywhere else. If the law where you reside requires that you are older for us to lawfully provide our products to you without parental consent (including using your information), you must be that age. You may not use our products if you don’t meet these age requirements.

Termination
We reserve the right to suspend or terminate your access to our products with notice to you if:
(a) you have breached these terms or our Acceptable Use Policy,
(b) you use the products in a manner that would cause a real risk of harm or loss to other textcontent.ai  users or us, or
(c) you don’t have a paid account and haven’t accessed our products for 12 consecutive months.Before suspending or terminating your account, we’ll
(1) provide you with reasonable advance notice via the email address associated with your account so you can try to remedy the activity that prompted us to contact you and
(2) allow you to export your documents from our products. If you fail to take the steps we ask of you after such notice, we’ll terminate or suspend your access to our products.We won’t provide notice before termination where we believe that:
(a) you’re in material breach of these terms or our Acceptable Use Policy,
(b) doing so would cause us legal liability or compromise our ability to provide our products to our other users, or
(c) the law prohibits us from providing notice.When this agreement terminates for any reason, all the sections one would expect to survive will survive, including, but not limited to, “Warranty Disclaimers,” “Limitation of Liability,” “Resolving Disputes,” “Miscellaneous Legal Terms,” “Our Intellectual Property Rights and License,” and “Paid Accounts.” The termination of this agreement doesn’t affect any amounts owed before that termination.

Discontinuation and Modification of Products
We are continually changing and improving our products, and we may add or remove features or functionality. If we discontinue a product, where reasonably possible we will give you reasonable advance notice and a chance to download your stored User Content. Open Source Software, Reverse Engineering, and Automatic Updates To the extent any component of our Software may be offered under open-source license terms that we make available to you, see here for a list of the open-source software that we use. The provisions of open-source licenses may expressly override some of these terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile our products, attempt to do so, or assist anyone in doing so. Our products may update themselves automatically to ensure you’re using the latest version.

Third-Party Websites
Any links to third-party websites or apps are provided for your convenience only and are subject to the third party’s terms. textcontent.ai  isn’t responsible or liable for those websites, products, or services.

Beta Products
We sometimes release products and features that we are still testing and evaluating. We will mark these products with the words “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings). If you decide to use them, please remember that they may not be as reliable or as thoroughly tested as our other products. To improve and evaluate these products, we will log and analyze information about how you use and interact with them.

Warranty Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, textcontent.ai , ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS AND DISTRIBUTORS (COLLECTIVELY, THE “textcontent.ai  ENTITIES”), EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING OUR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS, AND PERFORMANCE. YOU AGREE THAT YOUR USE OF OUR PRODUCTS ARE AT YOUR OWN SOLE RISK AND THAT OUR PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WITHOUT LIMITING THE FOREGOING, THE textcontent.ai  ENTITIES DO NOT WARRANT THAT THE OPERATION OF OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE. textcontent.ai ’S AFFILIATES AND THE textcontent.ai  ENTITIES’ SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.Limitation of LiabilityIN COUNTRIES WHERE LIABILITY LIMITATIONS ARE ALLOWED, IN NO EVENT SHALL THE textcontent.ai  ENTITIES BE LIABLE WITH RESPECT TO THE PRODUCTS FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO THE textcontent.ai  ENTITIES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY; (II) ANY LOST PROFITS, LOST OR DAMAGED CONTENT OR OTHER DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE; OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN textcontent.ai  AND YOU.

YOU UNDERSTAND THAT OUR PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Certain countries and states don’t allow the limitation of certain damages, so some or all of this limitation of liability may not apply to you, and you may have additional rights. In that case, you agree that the textcontent.ai  Entities’ liability is limited to the maximum extent permissible in your country of residence.IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THESE TERMS. textcontent.ai ’S AFFILIATES AND THE textcontent.ai  ENTITIES’ SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.

Resolving Disputes
Let’s try to sort things out first. Before filing a claim against textcontent.ai , you agree to try to resolve the dispute informally by contacting support@textcontent.ai. We’ll try to resolve the dispute informally by contacting you via email. If you and we cannot resolve the dispute informally, then a party seeking to bring a formal proceeding must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to textcontent.ai  should be sent to digitally induced GmbH, Scharpenbergerstr. 96, 58256 Ennepetal, Attn: Legal Department. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If textcontent.ai  and you do not resolve the claim within sixty (60) calendar days after receiving the Notice, you or textcontent.ai  may commence a formal proceeding. Judicial forum for disputes.
You and textcontent.ai  agree that any judicial proceeding to resolve claims relating to these terms or our products will be brought in courts of North Rhine-Westphalia (Nordrhein-Westfalen), Germany, subject to the mandatory arbitration provisions below. Both you and textcontent.ai consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts (for example, European Union member states), this paragraph doesn’t affect those requirements.IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:We both agree to arbitrate. You and textcontent.ai  agree to resolve any claims relating to these terms or our products through final and binding arbitration by a single arbitrator, except as set forth under “Exceptions to agreement to arbitrate” below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.Opt-out of agreement to arbitrate.
You have the right to opt out of these arbitration provisions (and any future changes to arbitration provisions) by emailing support@textcontent.ai within 30 days of agreeing to a version of these terms containing arbitration terms (however, if you agreed to a previous version of these terms of service that contain an arbitration provision, you are still bound by those arbitration provisions).

Arbitration procedures.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Germany, or any other location we agree to. During the arbitration, the amount of any settlement offer made by textcontent.ai  or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or textcontent.ai  is entitled.Arbitration fees and incentives. The AAA rules will govern the payment of all arbitration fees. textcontent.ai will pay all arbitration fees for individual arbitration for non-frivolous claims less than $100.

textcontent.ai  will seek reasonable attorneys’ fees and costs in arbitration.Exceptions to agreement to arbitrate. Either you or textcontent.ai  may assert claims, if they qualify, in the courts in Germany. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the products or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the courts of Germany, to resolve your claim. NO CLASS ACTIONS. You may only resolve disputes with us individually.

That is, you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.Severability. If the “NO CLASS ACTIONS” paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void. If you are found to have a non-waivable right to bring a specific claim or request a specific form of relief that an arbitrator lacks the authority to redress or award under this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that particular claim or request may be brought in court, and you and we agree that litigation of this claim or request will be stayed pending the resolution of any other claims or requests for relief in arbitration.Controlling LawThe German law will govern these terms except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws. Miscellaneous Legal Terms Entire Agreement

These terms make up the entire agreement between you and textcontent.ai , Inc., regarding your use of our products. They supersede any prior agreements.Waiver, Severability, and Assignmenttextcontent.ai ’s failure to enforce a provision is not a waiver of its right to do so later. If a provision (other than the “NO CLASS ACTIONS” paragraph) is unenforceable, the remaining provisions will remain in full effect, and an enforceable term will be substituted with the goal of reflecting our intent as closely as possible.

You may not assign any of your rights or obligations under these terms, and any such attempt will be void. textcontent.ai  may assign its rights to any of its affiliates or subsidiaries or any successor in interest of any business associated with the products.Modifications to These TermsWe may amend these conditions from time to time, for example, to reflect changes to the law, new regulations, and changes to our products.If an update significantly negatively affects your use of our products or your legal rights as a user of our products, we’ll notify you before the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. We will give you at least 30 days after that notice before the update takes effect. We may also update these terms in ways that won’t significantly negatively affect your rights.

For example, we may change the feature or product names or change the email address you can use to contact us. In those cases, we will post the change to our website and link to the previous version. If you don’t agree to the updates we make, you must cancel your account before they become effective. Where required, we’ll offer you a prorated refund based on the amounts you have prepaid for our products and your account cancellation date. By using or accessing the products after the updates come into effect, you agree to be bound by the revised terms.