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BetterWrite

TERMS OF SERVICE

Last Updated: September 19, 2025

TABLE OF CONTENTS

  1. AGREEMENT TO TERMS
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. FEES AND PAYMENT
  6. UNLIMITED USE
  7. FREE TRIAL
  8. CANCELLATION & REFUNDS
  9. PROHIBITED ACTIVITIES
  10. USAGE POLICIES
  11. USER GENERATED CONTRIBUTIONS
  12. CONTRIBUTION LICENSE
  13. THIRD-PARTY SIGN-IN (GOOGLE)
  14. SUBMISSIONS
  15. SITE MANAGEMENT
  16. PRIVACY POLICY
  17. TERM AND TERMINATION
  18. MODIFICATIONS AND INTERRUPTIONS
  19. GOVERNING LAW
  20. CORRECTIONS
  21. DISCLAIMER
  22. LIMITATIONS OF LIABILITY
  23. INDEMNIFICATION
  24. USER DATA
  25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  26. CALIFORNIA USERS AND RESIDENTS
  27. MISCELLANEOUS
  28. CONTACT US

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Student Success LLC (“BetterWrite,” “we,” “us,” or “our”), concerning your access to and use of the https://betterwrite.ai/ website and any related media, channels, mobile websites, or applications (collectively, the “Site”). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE , THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms or documents posted on the Site from time to time are hereby incorporated by reference. We may update these Terms of Use in our sole discretion. We will indicate updates by revising the “Last updated” date, and your continued use of the Site after the posting of revised Terms constitutes your acceptance of the changes. Please review the applicable Terms each time you use the Site.

The Site is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement. Those who access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, to the extent applicable.

The Site is not tailored to comply with industry-specific regulations (including HIPAA, FISMA, or GLBA). If your interactions are subject to such laws, you may not use the Site.

The Site is intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use ; (4) you are not a minor in the jurisdiction in which you reside ; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. FEES AND PAYMENT

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • Discover

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

6. UNLIMITED USE

We offer multiple subscription plans with different features and usage allowances. Plan details (including any quotas for non-Unlimited plans) are described at the point of purchase and may be updated prospectively by posting revised plan descriptions; any changes take effect in your next billing cycle.

Unlimited Plan. If you subscribe to our Unlimited plan, your use of BetterWrite is not subject to a monthly cap or metered overages. We do not impose an undisclosed numeric limit on the volume of content processed under the Unlimited plan. The Unlimited plan remains subject only to: (a) normal technical constraints of the Services (e.g., system availability, maintenance windows, and reasonable automated safeguards such as rate shaping to protect platform stability), and (b) all other terms of these Terms of Use.

Refusal/Suspension for Violations. Regardless of plan, we may suspend or refuse service if you violate these Terms (including the Prohibited Activities and Usage/API policies), pose a security or legal risk, or misuse the Services (e.g., unauthorized account sharing, evasion of access controls, automated traffic).

Nothing in this Section creates a service-level guarantee or limits our rights elsewhere in these Terms

7. FREE TRIAL

We may offer a free trial (the “Free Trial”) for certain plans. Free Trials are subject to the plan-specific terms shown at signup (including trial length and usage thresholds) and to these Terms.

(a) Card required & authorization. A valid payment method is required to start a Free Trial. By starting a Free Trial, you authorize us to (i) place a temporary authorization/hold to validate the card and (ii) charge the payment method on file for the applicable plan fees, taxes, and any applicable charges at the time the Free Trial converts as described below.

(b) Conversion triggers. Your Free Trial converts to a paid subscription and your payment method is charged upon the earlier of:

  • the trial end date shown at signup, or
  • your usage reaching/exceeding the trial thresholds stated for your selected plan (e.g., words/tokens/requests or other units).

Conversion is immediate when a threshold is reached.

(c) Cancel anytime before conversion. You can cancel during the Free Trial before conversion by visiting Account → Billing (or the cancellation path we provide). If you cancel before conversion, no charges will be made. After conversion, the plan’s billing and cancellation terms apply.

(d) Payment failures. If a charge fails, we may retry the charge using the same or any updated payment method you add. You remain responsible for amounts due. We may suspend, limit, or terminate access until payment is received.

(e) Limits & abuse. Free Trials are for new customers and are limited to one per user, organization, payment method, and device/IP, unless we state otherwise. We may refuse, revoke, or modify a Free Trial at any time to prevent abuse.

(f) Changes & availability. We may change or discontinue any Free Trial prospectively by posting updated terms. Where required by law, we will send a reminder before a Free Trial converts.

(g) Refunds. Charges upon conversion are non-refundable, except where required by law.

8. CANCELLATION & REFUNDS

(a) No Refunds – All Sales Final.
To the fullest extent permitted by law, all fees are non-refundable and all sales are final, including but not limited to charges for subscriptions, renewals, plan upgrades/downgrades, add-ons, overages, and charges upon Free Trial conversion. By purchasing access to our digital Services, you request immediate performance and consent to immediate access; where applicable law allows, you acknowledge that you waive any statutory right of withdrawal once access begins. We do not provide refunds or credits for partial billing periods, unused time, feature dissatisfaction, accidental purchases, changes in personal circumstances, promotional pricing differences, or account inactivity.

(b) How to Cancel (no approval required).
You may cancel at any time as follows:

  • Navigating to the Billing portal on our website and selecting the option to cancel your subscription (or the equivalent path shown in your dashboard).

Cancellation stops future auto-renewals and takes effect at the end of your current paid term; you retain access until then. Cancellation does not entitle you to a refund.

(c) Renewals & Plan Changes.
Plans renew automatically at the then-current price until canceled. Plan changes (including downgrades) take effect in the next billing cycle unless we state otherwise. We do not pro-rate or refund differences for mid-cycle changes.

(d) Payment Failures.
If a payment fails, we may retry the charge and/or request that you update your payment method. You remain responsible for all amounts due. We may suspend, limit, or terminate access until payment is received.

(e) Chargebacks & Disputes.
Opening a payment dispute or chargeback does not cancel your subscription and may be treated as a material breach. We may suspend or terminate your account and deny future access while we investigate and contest the chargeback. You remain liable for any amounts determined to be validly owed.

(f) Data Retention.
After cancellation or termination, we may retain your account data for a reasonable period for reactivation or legal/compliance purposes, or delete it sooner at our discretion. You may request deletion consistent with our Privacy Policy and applicable law.

(g) Changes to This Policy.
We may update this Section prospectively by posting a revised version. Where required by law, we will provide advance notice.

For help, contact support@betterwrite.ai.

9. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1Ă—1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Sell or otherwise transfer your profile.
  • Use the Site to advertise or offer to sell goods and services.

10. USAGE POLICY

Our platform is committed to promoting academic integrity and prohibits any form of academic dishonesty, including plagiarism, cheating, collusion, fabrication, and facilitating dishonest acts. Users are expected to use our services and resources ethically and responsibly, adhering to the principles of academic honesty.

Failure to comply with our academic integrity policies may result in consequences such as warnings, temporary suspensions, permanent bans, or account termination. We reserve the right to determine the appropriate consequence for any violation and cooperate with relevant authorities and educational institutions as required by law or upon request.

In addition to our platform's Terms of Service, we utilize third-party software and services to enhance our offerings. These third-party providers have their own terms of service and usage policies, which we adhere to in our operations. By using our platform, you agree to comply with the terms and conditions of these third-party providers.

We reserve the right to terminate our services to any client whose usage violates the terms and conditions of our third-party providers. By accepting our Terms of Service, you acknowledge your responsibility to familiarize yourself with and abide by any additional terms and conditions imposed by these providers to ensure uninterrupted access to our platform and services.

11. USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use .
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use .
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use , or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

12. CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

13. THIRD-PARTY SIGN-IN (GOOGLE)

We support account creation and login via Sign in with Google using OAuth. We do not ask for or store your Google password.

When you use Google sign-in, we may receive the information you authorize Google to share (typically name, email, profile image, and Google account ID) and use it to create and operate your account, authenticate you, provide support, and prevent fraud, as described in our Privacy Policy. We do not request or receive permissions that would allow us to perform actions on behalf of your Google account.

You may revoke BetterWrite’s access at any time in your Google Account settings (Security → Third-party access). If you revoke access and no alternative login method is enabled, you may be unable to access your account; contact support for assistance. Upon revocation, we will delete Google tokens and other data obtained solely through the Google connection within 30 days or applicable by law, while retaining minimal identifiers to maintain your account and comply with law.

Your use of Google services is governed by Google’s terms and privacy policies. Where applicable, we comply with Google’s OAuth policies and request only the minimum permissions needed.

14. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

15. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

16. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at https://betterwrite.ai/privacy-policy (the “Privacy Policy”). By using the Site, you agree to the Privacy Policy, which is incorporated into these Terms of Use.

Hosting & Transfers. The Site is hosted in the United States. If you access the Site from outside the U.S., you understand and agree that your information may be transferred to, stored, and processed in the United States.

Data Retention & Deletion. We generally retain account and usage data for a period after cancellation to facilitate potential reactivation, support security/fraud prevention, and comply with legal obligations. We may delete some or all data at or after cancellation at our discretion. You may request removal of your data—subject to legal exceptions—by contacting support@betterwrite.ai or following the process described in the Privacy Policy.

17. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE , WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

19. GOVERNING LAW

These Terms and any dispute or claim arising out of or relating to them or the Services are governed by applicable U.S. federal law and, where federal law does not supply a rule, by the law of the forum in which a court of competent jurisdiction sits, in each case without regard to conflict-of-laws rules.

20. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

21. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

22. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

24. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

28. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at support@betterwrite.ai.