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Writellect – Terms of Service

Last Updated: Feb 4, 2025

1. Introduction

Welcome to Writellect (“the Platform,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of Writellect’s content generation services, including any associated applications, websites, or tools (collectively, the “Services”). By creating an account or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

Legal Entity:

  • Owner: Dmytro Chaban (Einzelunternehmer)
  • Address: Dusekestr 8, 13187, Berlin, Germany

2. Eligibility

  • There is no strict age restriction for using Writellect, but by accessing or using the Services, you affirm that you have the legal capacity to agree to and comply with these Terms.
  • If you do not have the capacity to enter a binding legal agreement (e.g., due to age or legal restrictions in your jurisdiction), please refrain from using the Services.

3. Description of Services

Writellect is a subscription-based SaaS platform offering AI-driven content generation for social media and other formats. While we strive for high-quality results, all generated content is provided “as is” without any warranty of accuracy, completeness, or fitness for a particular purpose.

  • Prohibited Content: You may not use the Services to generate content that is nude, pornographic, illegal, discriminatory, or otherwise harmful. Limited erotic or non-nude content may be permitted, subject to internal or third-party model restrictions.
  • No Guarantee: We do not guarantee continuous availability, exactness, or suitability of generated content for your specific needs.

4. User Accounts

  1. Registration: You must create an account to access the Services. Guest or anonymous usage is not supported.
  2. Account Security: Keep your account credentials confidential. You are responsible for all activities that occur under your account.
  3. Account Sharing: Personal accounts should not be shared. Business plans may allow multiple users under a single subscription, subject to prior approval via email.
  4. Termination or Suspension: We reserve the right to suspend or terminate accounts for violations of these Terms, such as:
    • Account sharing without authorization
    • Abuse of “unlimited” content generation features
    • Engaging in prohibited activities or generating prohibited content

5. Subscriptions and Payment

  1. Subscription Plans: Writellect offers free trials with limited features and paid subscription plans through Stripe.
  2. No Refund Policy: We do not provide refunds for unused subscription periods.
  3. Cancellation: You can cancel your subscription at any time. After cancellation, you retain access to paid features until the end of the current billing cycle, after which you lose access to paid features.

6. Ownership of Content

  1. User Ownership: Users retain ownership of any AI-generated content they create using the Services.
  2. License to Writellect: By using the Services, you grant us a limited, non-exclusive license to store, process, and use your generated content internally for product improvement, such as refining AI models or enhancing the user experience.
  3. No Usage Restrictions: Aside from prohibited uses defined in these Terms, Writellect does not impose additional limitations on how you use or distribute the content you generate.

6.1 Authorized Content

Users may only upload or import content that they:

  • Own the intellectual property rights to
  • Have explicit written permission to use
  • Is available through public domain or open-source licenses
  • Have proper licenses or rights to use commercially

6.2 Prohibited Content

The following types of content are strictly prohibited:

  • Copyrighted material without proper authorization
  • Confidential or proprietary information without permission
  • Content obtained in violation of any website's terms of service
  • Content that infringes on any third-party rights
  • Malicious content or files containing malware
  • Content obtained through unauthorized scraping or automated collection

6.3 User Responsibilities

By uploading resources or importing content, users:

  • Take full responsibility for ensuring they have necessary rights
  • Agree to indemnify and hold the service harmless from any claims
  • Must maintain records of content ownership or authorization
  • Must respect and comply with third-party terms of service
  • Must remove content immediately if rights or authorization expire

6.4 Content Review and Removal

The service reserves the right to:

  • Review any uploaded or imported content
  • Request proof of ownership or authorization
  • Remove content without notice if found in violation
  • Suspend or terminate accounts for violations
  • Report serious violations to relevant authorities

6.5 Fair Use and Citations

Users must:

  • Properly attribute sources where required
  • Respect fair use limitations
  • Include citations for academic or research content
  • Maintain original metadata and attribution information

6.6 Account Suspension and Termination

The service may, at its sole discretion:

  • Immediately suspend accounts for suspected violations
  • Terminate accounts for repeated or serious violations
  • Remove all content associated with suspended/terminated accounts
  • Ban users from creating new accounts after termination
  • Report illegal activities to law enforcement

6.7 Content Storage and Processing

Users acknowledge that:

  • Content may be processed for service functionality
  • Metadata may be extracted and stored
  • Content may be analyzed for compliance
  • Backup copies may be maintained
  • Content may be used to train AI models if explicitly authorized

6.8 Liability and Indemnification

Users agree to:

  • Accept full liability for uploaded/imported content
  • Indemnify the service against any claims
  • Pay any legal fees arising from violations
  • Cooperate in the defense against claims
  • Maintain appropriate insurance if using for commercial purposes

6.9 Reporting Violations

Users are encouraged to:

  • Report suspected violations
  • Provide evidence of unauthorized use
  • Cooperate in investigations
  • Respect confidentiality during investigations

6.10 Changes to Terms

The service reserves the right to:

  • Modify these terms at any time
  • Implement new content restrictions
  • Change allowed file types or sizes
  • Modify usage quotas or limitations

7. Prohibited Use

You agree not to do any of the following:

  1. Illegal or Harmful Content: Generate or share content that is unlawful, defamatory, harassing, hateful, or otherwise objectionable.
  2. Nude or Pornographic Content: Use the Services to generate explicit nudity or pornographic material.
  3. Misuse of Features: Engage in activities that disrupt or overload our servers, circumvent usage limitations, or exploit bugs.
  4. Violations of Rights: Infringe on any third-party intellectual property, privacy, or other rights.

If we become aware of prohibited activities, we may remove the content and/or suspend or terminate your account.

8. Third-Party Services

Writellect integrates with or relies on various third-party services, including but not limited to Stripe, OpenAI, Anthropic, Firebase, and others. By using our Services, you acknowledge and agree that:

  1. Additional Terms: You may be subject to the terms and policies of these third parties.
  2. No Liability: Writellect is not liable for any issues arising from third-party services, including availability, data handling, or service interruptions.

9. Liability and Disclaimers

  1. No Warranties: The Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied. We do not warrant the accuracy, reliability, or suitability of any generated content.
  2. Limitation of Liability: To the fullest extent permitted by law, Writellect, its owner, and affiliates shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or relating to your use of the Services.
  3. Indemnification: You agree to defend, indemnify, and hold harmless Writellect from and against all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or connected with (a) your use or misuse of the Services, or (b) your violation of these Terms.

10. Dispute Resolution and Governing Law

  1. Governing Law: These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.
  2. Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration in Germany. The language of arbitration shall be English (or German, if agreed by all parties).
  3. Court Jurisdiction: If arbitration is determined inapplicable or unenforceable, the parties submit to the exclusive jurisdiction of the courts located in Berlin, Germany.

11. Account Termination

  1. Termination by User: You may terminate your account at any time by contacting [email protected] or using available account settings.
  2. Termination by Writellect: We may terminate or suspend your account immediately if you breach these Terms or engage in activity harmful to us or other users.

12. Changes to These Terms

We may update or modify these Terms occasionally to reflect changes to our services or for legal or regulatory reasons. If we make material changes, we will notify you via email or by posting a notice on our Platform. Your continued use of the Services after any such update constitutes your acceptance of the revised Terms.

13. Contact Us

If you have any questions or concerns about these Terms or the Services, please contact:

Thank you for choosing Writellect!