Master terms and services agreement

This Master Terms and Services Agreement (“Agreement”) is a binding contract between you (“Customer”) and writerX.ai (“WriterX,” “we,” or “us”). This Agreement governs your access to and use of the Services provided by WriterX.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE AND A CLASS ACTION/JURY TRIAL WAIVER, REQUIRING THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 11(B). TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW, HAVE A JURY TRIAL, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

This Agreement becomes effective when you click the “I Accept” button or by accessing or using the Services (the “Effective Date”). By doing so, you (a) acknowledge that you have read and understand this Agreement; (b) confirm that you have the authority to enter into this Agreement, and if entering for an organization, have the legal authority to bind that organization; and (c) accept this Agreement, agreeing to be legally bound by its terms.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CLICK THE “I DECLINE” BUTTON OR DO NOT ACCESS OR USE THE SERVICES.

1. Definitions

“Aggregated Statistics”: Data and information related to Customer’s use of the Services, used by WriterX in an aggregated and anonymized manner, including to compile statistical and performance information related to the operation of the Services.
“Arbitration Agreement”: The mandatory individual arbitration provision in Section 11(b).
“Authorized User”: Customer’s employees, consultants, contractors, and agents who are authorized by the Customer to access and use the Services.
“Class Action/Jury Trial Waiver”: The class action/jury trial waiver provision in Section 11(c).
“Confidential Information”: Information about either party’s business affairs, products, confidential intellectual property, trade secrets, and other proprietary information, whether orally, in writing, or electronic form. Confidential Information does not include information that is publicly known, already known by the receiving party, lawfully obtained from a third party, or independently developed by the receiving party.
“Customer,” “you,” or “your”: Refers to you and your Authorized Users.
“Customer Account”: The account created by you on the Services.
“Customer Property”: Includes (i) the Input, (ii) the Output, and (iii) any other content, materials, or data provided by the Customer for processing through the Services.
“Documentation”: WriterX’s user manuals, guides, FAQs, and other instructional materials provided electronically and available at WriterX.
“Feedback”: Any suggestions, comments, or recommendations provided by you regarding the Services.
“Input”: Information you enter into the Services.
“Intellectual Property Rights”: All current and future intellectual property rights, including patents, copyrights, trademarks, and trade secrets.
“WriterX Property”: Includes (i) the Services, (ii) the Documentation, and (iii) all content, materials, and software provided by WriterX, excluding the Output.
“Output”: The results generated by the Services based on the Input provided by you.
“Privacy Policy”: The privacy policy available at Privacy Policy.
“Services”: The online services, website, and software provided by WriterX as detailed on its website.
“Term”: The duration of this Agreement, which starts on the Effective Date and continues for the period of your active subscription to the Services.
“Third-Party Products”: Products, content, services, or other materials owned by third parties and accessible through the Services.
“User” or “Users”: All visitors, users, and others who access the Services.
“User Accounts”: Different types of accounts for different types of Users.

2. Access and Use

(a) Eligibility: This Agreement is a contract between you and WriterX. You must read and agree to it before using the Services. You may use the Services only if you can form a binding contract with WriterX and comply with all applicable laws and regulations. Users under 13 years old (or under 16 years old in Europe) are strictly prohibited from using the Services. The Services are not available to Users previously removed by WriterX.
(b) Provision of Access: Upon payment of fees and compliance with this Agreement, WriterX grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the Term, solely for your internal business operations by Authorized Users.
(c) Documentation License: WriterX grants you a non-exclusive, non-transferable license for Authorized Users to use the Documentation during the Term for your internal business purposes in connection with the Services.
(d) Accounts: Your Customer Account provides access to services and functionality that we may establish from time to time. If you open a Customer Account on behalf of an organization, “you” includes both you and that organization. By connecting to WriterX with a third-party service, you grant us permission to access and use your information from that service.
(e) Use Restrictions: You agree not to engage in prohibited activities, such as copying or distributing any part of the Services, using automated systems to access the Services, transmitting spam, interfering with security, uploading viruses, collecting personal information, or using the Services for unlawful purposes.
(f) Aggregated Statistics: WriterX may monitor and collect Aggregated Statistics based on your use of the Services. All rights to Aggregated Statistics belong solely to WriterX, provided they do not identify you or your Confidential Information.
(g) Reservation of Rights: WriterX reserves all rights not explicitly granted in this Agreement.
(h) Suspension: WriterX may suspend or terminate your access to the Services without notice for reasons including security threats, unlawful activities, or other violations of this Agreement.
(i) Changes to the Services: WriterX may change, suspend, or terminate the Services at any time without notice.
(j) Processing of Personal Data: WriterX does not require Personal Data for effective use of the Services. If you provide Personal Data, a Data Processing Addendum (“DPA”) must be executed.
(k) In-Product Cookies: WriterX uses cookies to ensure secure and reliable use of the Services. The In-Product Cookie Policy, accessible at Cookie policy, applies.

3. Intellectual Property Rights

(a) Customer Property: You retain ownership of your Customer Property. By submitting Customer Property to the Services, you grant WriterX a license to use it in connection with the Services. You are responsible for ensuring that your Customer Property does not violate any laws or third-party rights.
(b) WriterX Property: All Intellectual Property Rights related to WriterX Property belong to WriterX. You may not use WriterX Property for any purpose not expressly permitted by this Agreement.
(c) DMCA Notice: WriterX respects intellectual property rights and will respond to DMCA notices of alleged infringement.

4. Customer Responsibilities

(a) Acceptable Use Policy: You agree to comply with WriterX’s Acceptable Use Policy and all applicable laws.
(b) Account Use: You are responsible for all use of the Services under your account, including any actions by Authorized Users.
(c) Passwords and Access Credentials: You are responsible for maintaining the confidentiality of your passwords and access credentials.
(d) Third-Party Products: The Services may provide access to Third-Party Products, which are subject to their own terms and conditions.

5. Fees and Payment

(a) Billing Policies: Certain aspects of the Services are provided for a fee. By using paid aspects, you agree to the Pricing and Payment Terms available at the Pricing Page.
(b) Refunds: Refunds are governed by WriterX Refund Policy.
(c) Free Trials: Free trials may be offered, and you will be billed automatically at the end of the trial period unless you cancel.
(d) Automatic Renewal of Subscription Fees: Subscriptions renew automatically unless canceled as described.
(e) Risk of Loss: Title and risk of loss for products purchased through the Services pass to you upon delivery to the carrier.
(f) Payment Information; Taxes: You agree to provide accurate payment information and pay any applicable taxes.

6. Confidential Information

Each party agrees to protect the other’s Confidential Information and not disclose it except as necessary to perform its obligations under this Agreement.

7. Privacy Policy

Your use of the Services is subject to WriterX’s Privacy Policy.

8. Warranty Disclaimer

The Services are provided “as is” without any warranties. WriterX disclaims all warranties to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify and hold WriterX harmless from any claims arising out of your use of the Services.

10. Limitations of Liability

WriterX’s liability is limited to the maximum extent permitted by law.

11. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

(a) Governing Law: This Agreement is governed by the laws of Texas.
(b) Arbitration: Disputes will be resolved through binding arbitration.
(c) Class Action/Jury Trial Waiver: You waive your right to participate in class actions and jury trials.

12. Miscellaneous

(a) Entire Agreement: This Agreement constitutes the entire agreement between you and WriterX.
(b) Modifications: WriterX may modify this Agreement from time to time.
(c) Export Regulation: You agree to comply with all applicable export control laws.
(d) US Government Rights: US Government users receive only those rights provided under this Agreement.
(e) No Waiver: No waiver of any term shall be deemed a waiver of any other term.
(f) Notices: Notices must be sent to WriterX’s corporate headquarters.
(g) Assignment: This Agreement may not be assigned without prior written consent.

For any questions regarding this Agreement, please contact us at .