Termini di Servizio

Terms of Service - Writener.com

Last Updated: February 17, 2025

Welcome to Writener.com. Please read these Terms of Service ("Terms") carefully before using our service. These Terms constitute a legally binding agreement between you and AIWean Limited regarding your use of the Writener.com website and services.

1. Company Information

Writener.com is a service provided by AIWean Limited ("Company", "we", "our", "us"), a company registered in Hong Kong with its registered office at:

AIWean Limited Unit B, 11/F, Yam Tze Commercial Building 23 Thomson Road, Wan Chai Hong Kong

For all communications regarding these Terms, our services, or any other matter, please contact us at info@writener.com.

2. Service Description and AI Disclaimer

2.1 Service Definition

Writener.com is an artificial intelligence powered writing assistance platform that helps users create, edit, and enhance written content. Our service utilizes advanced AI models to generate text, provide suggestions, and assist with various writing tasks.

2.2 AI-Generated Content Disclaimer

You explicitly acknowledge and agree that:

a) Our Service uses artificial intelligence to generate content, and by its nature, AI-generated content may:

• Contain inaccuracies or errors
• Include hallucinations or false information
• Produce biased or inappropriate content
• Generate content that appears plausible but is factually incorrect
• Create references to non-existent sources or citations
• Produce different results for the same input at different times

b) You are solely responsible for:

• Verifying the accuracy of any AI-generated content
• Fact-checking any information provided by our Service
• Ensuring the appropriateness of the content for your intended use
• Any consequences resulting from your use of AI-generated content
• Compliance with any applicable laws or regulations in your use of the content

c) We expressly disclaim any responsibility for:

• The accuracy of AI-generated content
• Any decisions made based on AI-generated content
• Any damages or losses resulting from reliance on AI-generated content
• The appropriateness of generated content for any specific purpose
• Any claims arising from the use of AI-generated content

2.3 Service Availability

We provide our Service globally, subject to technical and legal restrictions. However, we maintain the right to:

• Modify, suspend, or discontinue any part of the Service at any time
• Restrict service access in certain jurisdictions
• Limit or prohibit access to specific users or regions
• Modify features or functionality without prior notice

3. Account Registration and Security

3.1 Registration Requirements

To create an account, you must:

a) Eligibility:

• Be at least 18 years old
• Have the legal capacity to enter into this agreement
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete information

b) Account Information:

• Provide a valid email address
• Create a secure password
• Maintain the accuracy of your account information
• Notify us immediately of any unauthorized access

3.2 Account Security

You agree to:

a) Maintain account security by:

• Keeping your password confidential
• Using a strong, unique password
• Logging out from shared devices
• Not sharing your account credentials

b) Accept responsibility for:

• All activities occurring under your account
• Any losses resulting from unauthorized account use
• Maintaining the security of your devices
• Notifying us of any security breaches

4. Subscription Plans and Payments

4.1 Subscription Terms

Our subscription plans operate under the following terms:

a) Billing:

• All prices are in EUR unless otherwise specified
• Subscriptions are billed in advance
• Automatic renewal applies unless cancelled
• Payment is required for continued service access

b) Payment Processing:

• We accept major credit cards and PayPal
• Payments are processed securely through third-party providers
• Failed payments may result in service interruption
• You are responsible for all applicable taxes

4.2 Trial Period

If we offer a trial period:

a) Terms:

• Limited to one trial per user
• Requires valid payment method
• Converts to paid subscription unless cancelled
• May be modified or discontinued at any time

b) Restrictions:

• Creating multiple accounts for additional trials is prohibited
• Trial features may be limited
• We may end trials at our discretion
• No refund is provided for paid subscription after trial

5. Usage Rules and Content Policies

5.1 Acceptable Use

Our Service may be used only for lawful purposes and in accordance with these Terms. You are granted a limited, non-exclusive, non-transferable right to:

a) Access and Use:

• Use our Service for your personal or business writing needs
• Generate and edit content through our AI tools
• Download and store your generated content
• Integrate our Service with authorized third-party applications

b) Content Creation:

• Generate content for your authorized use
• Edit and modify AI-generated content
• Use the content in your personal or professional work
• Share content you have rights to distribute

5.2 Prohibited Uses

You are expressly prohibited from using our Service for:

a) Illegal Activities:

• Generating content that violates any applicable laws
• Creating material that infringes on intellectual property rights
• Producing content that violates third-party rights
• Engaging in fraudulent or deceptive practices

b) Harmful Content:

• Generating hate speech or discriminatory content
• Creating content that promotes violence or terrorism
• Producing sexually explicit or pornographic material
• Developing content intended to harm or exploit others

c) Technical Violations:

• Attempting to bypass system limitations
• Reverse engineering the Service
• Introducing malware or harmful code
• Interfering with service operation

5.3 Fair Usage Policy

To maintain service quality for all users, we implement the following usage policies:

a) Usage Monitoring:

• We track usage patterns and volume
• We monitor for automated or bulk processing
• We analyze for abuse or excessive use
• We implement rate limiting when necessary

b) Usage Limits:

• Specific limits apply to each subscription tier
• Excess usage may result in temporary restrictions
• Persistent overuse may lead to account suspension
• Additional capacity requires plan upgrade

6. Data Protection and Privacy

6.1 Data Collection

We collect and process your data as follows:

a) Account Information:

• Email address and account credentials
• Billing and payment information
• Usage statistics and preferences
• Communication records with our service

b) Generated Content:

• Input text and prompts
• AI-generated outputs
• Editing history and revisions
• Saved documents and drafts

6.2 Data Protection Measures

We implement comprehensive security measures to protect your data:

a) Technical Security:

• Industry-standard encryption for data transmission
• Secure data storage with regular backups
• Access controls and authentication measures
• Regular security audits and updates

b) Organizational Security:

• Staff training on data protection
• Access limitation on a need-to-know basis
• Regular security policy reviews
• Incident response procedures

6.3 Data Rights

You maintain certain rights regarding your data:

a) Access and Control:

• Request copies of your personal data
• Correct inaccurate information
• Delete your account and associated data
• Export your generated content

b) Processing Limitations:

• Object to certain data processing
• Restrict processing in specific circumstances
• Withdraw consent for optional processing
• Request data portability

7. Intellectual Property Rights

7.1 User Rights and Content Ownership

Regarding content generated through our Service:

a) Your Rights:

• You retain ownership of your input content
• You receive a license to use AI-generated content
• You maintain control over your account data
• You can export and delete your content

b) Content License:

• Generated content is licensed for your use
• You may modify and distribute the content
• Commercial use is permitted under paid plans
• Attribution is not required unless specified

7.2 Our Intellectual Property

We maintain rights to:

a) Service Components:

• Our AI models and algorithms
• The Service interface and design
• Our branding and trademarks
• System-generated improvements

b) Platform Content:

• Service documentation and guides
• Marketing materials and website content
• System messages and notifications
• Platform features and functionality

7.3 Third-Party Rights

Regarding third-party content and rights:

a) External Content:

• You must respect third-party intellectual property
• You are responsible for obtaining necessary licenses
• We may remove content that violates others' rights
• You must indemnify us against third-party claims

b) Content Violations:

• We respond to intellectual property complaints
• We may remove infringing content
• Repeat violations lead to account termination
• We cooperate with rights holders

8. Warranties and Liability

8.1 Service Warranty Disclaimers

Regarding the operation and reliability of our Service:

a) Service Provision:

• Our Service is provided "as is" and "as available"
• We do not guarantee uninterrupted or error-free operation
• We may modify or discontinue features without notice
• Service quality may vary based on your internet connection and device

b) Performance Limitations:

• Response times may vary based on system load
• Service availability depends on multiple technical factors
• Maintenance windows may affect accessibility
• Third-party integrations may experience disruptions

c) Content Reliability:

• We cannot guarantee specific outcomes or results
• AI-generated content may contain errors or inaccuracies
• Service suitability for your needs is not guaranteed
• Results may vary from examples or demonstrations

8.2 Limitation of Liability

Our liability is limited as follows:

a) Excluded Damages:

• Indirect or consequential losses
• Lost profits or business opportunities
• Data loss or corruption
• Cost of substitute services
• Reputation or goodwill damage

b) Liability Cap:

• Our maximum liability is limited to the amount you paid for the Service in the 12 months preceding the claim
• This cap applies to all claims in aggregate
• Separate incidents do not create separate caps
• The cap applies regardless of the theory of liability

c) Exceptions:

• Gross negligence or willful misconduct
• Death or personal injury
• Fraud or fraudulent misrepresentation
• Any liability that cannot be limited by law

8.3 Indemnification

You agree to protect us from certain claims:

a) Scope of Indemnification:

• You will defend us against third-party claims
• You will pay any resulting damages or settlements
• You will reimburse our reasonable legal fees
• You will cooperate in our defense

b) Covered Claims:

• Violations of these Terms
• Misuse of the Service
• Your content or data
• Violation of others' rights
• Your negligence or misconduct

9. Term and Termination

9.1 Agreement Duration

The duration of our agreement is determined as follows:

a) Term:

• These Terms remain effective until terminated
• Paid subscriptions renew automatically
• Free trials have limited duration
• Specific terms may have defined periods

b) Subscription Periods:

• Monthly subscriptions renew each month
• Annual subscriptions renew each year
• Custom terms as specified in enterprise agreements
• Renewal dates based on initial subscription date

9.2 Termination Rights

Both parties maintain certain termination rights:

a) Your Termination Rights:

• Cancel your subscription at any time
• Receive pro-rata refunds where applicable
• Export your data before account closure
• Terminate for material breaches by us

b) Our Termination Rights:

• Suspend or terminate accounts for Terms violations
• Cancel subscriptions for payment failures
• Remove access for abusive behavior
• Discontinue service with reasonable notice

9.3 Effects of Termination

Upon termination of your account:

a) Service Access:

• Immediate cessation of service access
• Deactivation of API keys and integrations
• Removal from collaborative features
• Cancellation of scheduled tasks

b) Data Handling:

• 30-day period to export your data
• Permanent deletion after 90 days
• Removal from backup systems
• Anonymization of usage data

10. Dispute Resolution

10.1 Governing Law

This agreement is governed as follows:

a) Applicable Law:

• Hong Kong law governs these Terms
• Hong Kong courts have non-exclusive jurisdiction
• International sales conventions are excluded
• Local consumer protection laws may apply

b) Jurisdictional Considerations:

• Mandatory local laws take precedence
• Forum selection based on user location
• Alternative dispute resolution where required
• Class action rights preserved where mandatory

10.2 Dispute Process

We implement a structured approach to dispute resolution:

a) Initial Resolution:

• Direct communication through info@writener.com
• Good faith negotiation attempt
• 30-day informal resolution period
• Clear documentation of issues

b) Formal Process:

• Written notice of dispute required
• Detailed claim description
• Proposed resolution
• Supporting documentation

10.3 Resolution Methods

Disputes may be resolved through:

a) Mediation:

• Voluntary mediation option
• Shared mediation costs
• Confidential proceedings
• Non-binding unless agreed

b) Legal Proceedings:

• Hong Kong courts as primary forum
• Local courts where required by law
• Injunctive relief when necessary
• Preservation of legal rights

11. Changes to Terms

11.1 Modification Rights

We may modify these Terms as follows:

a) Types of Changes:

• Technical adjustments
• Legal compliance updates
• Service feature modifications
• Commercial terms revisions

b) Change Process:

• 30 days notice for material changes
• Immediate effect for legal compliance
• Clear communication of modifications
• Right to reject changes by discontinuing use

11.2 Notice Requirements

We will notify you of changes through:

a) Communication Methods:

• Email to your registered address
• Service interface notifications
• Website announcements
• Account dashboard alerts

b) Notice Content:

• Summary of key changes
• Effective date
• Impact on service use
• Your options and rights

12. General Provisions

12.1 Entire Agreement

These Terms constitute our complete agreement:

a) Agreement Scope:

• These Terms represent our entire agreement
• No other agreements are incorporated unless explicitly referenced
• Verbal agreements or modifications are not valid
• Previous versions are superseded

b) Related Documents:

• Privacy Policy
• Acceptable Use Policy
• Data Processing Agreement (where applicable)
• Service Level Agreement (for enterprise customers)

12.2 Severability

If any provision is found invalid:

a) Effect on Agreement:

• Invalid provisions are severed
• Remaining provisions stay in effect
• Minimum modification to invalid terms
• Original intent preserved where possible

b) Replacement Process:

• Invalid terms replaced with valid alternatives
• Closest legal approximation used
• Mutual agreement on replacements
• Court guidance where available

12.3 Force Majeure

Circumstances beyond our reasonable control:

a) Covered Events:

• Natural disasters
• Government actions
• Internet service disruptions
• Cyber attacks
• Public health emergencies
• Labor disputes
• Infrastructure failures
• Supply chain disruptions

b) Our Obligations:

• Prompt notification of force majeure events
• Reasonable efforts to restore service
• Regular status updates
• Service credits where applicable

12.4 Assignment

Transfer of rights and obligations:

a) Company Rights:

• We may assign our rights to affiliates
• Transfer permitted during corporate reorganization
• Notice provided for material assignments
• Continuation of service quality guaranteed

b) User Restrictions:

• You cannot assign your rights without our consent
• Account transfers are prohibited
• Enterprise agreements may have special provisions
• Unauthorized transfers are void

12.5 Waiver

Regarding enforcement of rights:

a) No Implied Waiver:

• Failure to enforce is not a waiver
• Individual exceptions do not create precedent
• All rights and remedies preserved
• Selective enforcement permitted

b) Waiver Requirements:

• Must be in writing
• Signed by authorized representative
• Limited to specific instance
• No general waiver implied

13. Definitions

13.1 Key Terms

Throughout these Terms:

a) Service-Related:

• "Service" means the Writener.com platform, including all features, functions, and interfaces
• "Content" means any text, data, or other materials generated through or uploaded to the Service
• "AI" means our artificial intelligence models and systems
• "Generated Content" means any output produced by our AI systems

b) User-Related:

• "Account" means your registered user profile and associated data
• "Subscription" means your paid service agreement
• "Credentials" means your login information and authentication tokens
• "User Content" means any input or materials you provide to the Service

c) Commercial Terms:

• "Free Trial" means the initial no-cost period offered to new users
• "Billing Cycle" means the recurring period for subscription charges
• "Premium Features" means capabilities available only to paid subscribers
• "Usage Limits" means the quantitative restrictions associated with your subscription level

13.2 Technical Terms

Specific technical terminology:

a) System Components:

• "API" means our application programming interface
• "Platform" means our technical infrastructure
• "Interface" means our user-facing applications
• "Backend" means our server-side systems

b) Security Elements:

• "Authentication" means the process of verifying your identity
• "Authorization" means your permitted access levels
• "Encryption" means our data protection methods
• "Security Measures" means our protective systems

14. Contact Information

14.1 Official Communications

All official communications should be directed to:

AIWean Limited Unit B, 11/F, Yam Tze Commercial Building 23 Thomson Road, Wan Chai Hong Kong

Email: info@writener.com

14.2 Response Times

We strive to respond to communications:

a) Standard Communications:

• General inquiries within 2 business days
• Technical support issues within 1 business day
• Billing questions within 2 business days
• Legal notices within 5 business days

b) Priority Matters:

• Security incidents immediately
• Service outages immediately
• Data protection requests within 1 business day
• Legal enforcement within timeframes required by law

15. Effective Date and Version Control

15.1 Version Information

Current version details:

a) Version Control:

• Version: 2.1
• Last Updated: February 17, 2025
• Effective Date: February 17, 2025
• Previous Version: 2.0 (January 1, 2025)

b) Change Documentation:

• Major changes documented in change log
• Version history maintained
• Previous versions archived
• Change notifications sent to users

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.