Terms of Service
Last revised March 2024
1. Acceptance of Terms
The following agreement outlines your obligations when using the Joywrite website available at https://joywrite.ai/ or any other websites, APIs, branded 3rd-party social media properties, or associated services of Joywrite (collectively, "Joywrite", "we", "us", "our", or the "Services"), (each a "Site" or "Service"). The Site is owned and operated by Joywrite, and is accessed by you under the terms of service described below ("Terms" or "Terms of Service"). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SITE OR ANY CONTENT ON THE SITE. BY ACCESSING THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. JOYWRITE'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY JOYWRITE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. Modifications of Terms of Service
Joywrite reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, Joywrite will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Joywrite's sole discretion, in good faith and using common sense and reasonable judgment. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Site by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
3. Description of Services
Joywrite provides a platform for AI-assisted content creation, optimization, and distribution. The Services include access to AI models, content generation tools, analytics, collaboration features, and other associated services. Joywrite grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services in accordance with these Terms.
4. Intellectual Property Rights
The Services and all associated intellectual property rights are owned by Joywrite or its licensors. Subject to these Terms, Joywrite grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services. Any content generated by the Services, including AI-generated content, is owned by Joywrite. You are granted a limited license to use this content for your own purposes, but Joywrite retains all ownership rights.
5. Use of Software
To the extent that Joywrite provides software for download from the Site, such software is protected by the applicable copyright, patent or other intellectual property rights of either Joywrite or the third-party licensor. Any use of the software is subject to the terms of the applicable end-user or other license terms. You are granted a limited, non-exclusive, non-transferable, and revocable license to use such software for your personal, non-commercial use or legitimate business purposes related to your role as a contractor, partner, or current or prospective customer of Joywrite. Except as expressly permitted, you may not reproduce, modify, create derivative works from, or redistribute the software.
6. User Accounts and Responsibilities
To access certain features of the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information when creating your account and to keep this information up to date.
7. User Content
Users may upload, post, or otherwise make available certain content through the Services ("User Content"). You retain ownership of your User Content, but by making it available on the Services, you grant Joywrite a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services, developing and improving Joywrite's AI models and services, and promoting Joywrite's business.
8. Prohibited Activities
You agree not to use the Services to: a. Violate any applicable laws, regulations, or third-party rights; b. Upload or transmit any content that infringes any intellectual property rights or other proprietary rights; c. Engage in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services; d. Attempt to circumvent security measures or gain unauthorized access to the Services, user accounts, or computer systems; e. Develop any competing AI models or services using Joywrite data or technology; f. Any activity disallowed in our Acceptable Use Policy.
9. Third-Party Services and Content
The Services may allow you to access or use third-party services, content, or resources. Joywrite does not endorse and is not responsible for such third-party offerings. Your use of any third-party services is at your own risk and subject to the terms and conditions of those providers.
10. Termination
Joywrite may terminate or suspend your access to the Services at any time, without cause or notice, which may result in the loss of information associated with your account. Joywrite may also terminate or suspend your access for any actual or suspected violation of these Terms. You may delete your account at any time.
11. Disclaimers and Limitation of Liability
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JOYWRITE DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, JOYWRITE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
JOYWRITE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE. JOYWRITE EXPRESSLY DISCLAIMS LIABILITY FOR USER CONTENT, THIRD-PARTY SERVICES AND CONTENT, AND ANY ACTIONS TAKEN BASED ON AI-GENERATED CONTENT OR INSIGHTS.
12. Indemnification
You agree to indemnify and hold harmless Joywrite, its affiliates, officers, agents, employees, licensors, and partners from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of a third party.
13. Governing Law and Dispute Resolution
These Terms and your use of the Services shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in San Francisco, California. The arbitrator's decision shall be final and binding. Any court with jurisdiction may enter judgment upon the arbitrator's award.
14. Trademarks and Trade Names
The company name, graphics, logos, designs, page headers, button icons, scripts, and other product and service names are the trademarks and trade names of Joywrite. Joywrite’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
15. Electronic Communications
We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that you may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at your own risk and you should decide very carefully which information you want to send us via any electronic communication.
16. Security
Users are prohibited from violating or attempting to violate the security of the site. Joywrite will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
17. United States Government Rights
The Services is a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software”, “commercial computer software documentation” and “commercial services”. If you are a U.S. governmental entity, then you acknowledge and agree that (i) use, duplication, reproduction, release, modification, disclosure, or transfer of the Services and any related documentation of any kind, including, without limitation, technical data and manuals, will be restricted in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes, (ii) the Services were developed fully at private expense and (iii) all other use of the Services except in accordance with the license grant provided above is strictly prohibited.
18. General Terms
These Terms constitute the entire agreement between you and Joywrite regarding the use of the Services. The failure of Joywrite to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Joywrite may assign its rights and obligations under these Terms at any time without notice to you. You may not assign your rights or delegate your duties under these Terms without Joywrite's prior written consent. These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Joywrite.
19. Contact Information
If you have any questions about these Terms, please contact us at:
Joywrite. Attention: Legal Department, Terms of Service Issues
548 Market St PMB 65101
San Francisco, California 94104-5401 US
legal@joywrite.ai
(415) 450-6869