These Terms of Service (“Terms”) apply to your use of the publishing assistance software (“Software”) and corresponding services (collectively the “Services” or “Application”) available to you at Publishing.ai.
These Terms form an Agreement between You (“User”) and Publishing.com. Publishing.ai is owned and operated by Publishing.com, a Texas limited liability company located at 5900 Balcones Drive Suite 10763, Austin, TX 78731, legal@publishing.com (hereinafter “We” or “Publishing.com”).
At a glance, there are a few main points we want you to know, in using the Services, which are discussed more fully below:
Please read through the rest of our terms carefully.
Account registration
Minimum Age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18, you must have your parent or legal guardian's permission to use the Services.
Registration. To use the Services, You must register for a User account, providing complete and accurate information. You are responsible for keeping your login credentials confidential and safe.
You are fully responsible for all activities that occur under your account. You may not share your account credentials or make your account available to anyone else. If you believe that Your User account has been compromised, violated, or Your personal data stolen, You agree to notify Publishing.com immediately.
Account use
The Services are for the registered Users only.
What You May Do. You may use the Services to create content generated by the Services based on Your subscription plan including topics, research, outlines, descriptions, and manuscripts (“Generated Content”). Specifically, You may;
What You May Not Do. You may not use the Services for any illegal, harmful, or abusive activity. For example, You may not:
Account Termination by User
You may terminate Your account and stop using the Services at any time by directly contacting Publishing.com at the email address above, and requesting that Your account be removed.
Account Termination, Suspension or Deletion
Publishing.com reserves the right, in its sole discretion, to terminate, suspend or delete, at any time and without notice, User accounts that it deems in violation of these Terms in any way. The termination, suspension or deletion of User accounts shall not entitle Users to compensation, damages or reimbursement. The termination, suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable subscription fees or entitle the User to a refund.
Intellectual Property Ownership
Publishing.com, its affiliates and licensors are the exclusive owners of the Software, Services, and Application and all intellectual property rights embodied therein including all copyrights, trademarks, proprietary software elements, patentable software elements, as well as any and all original works on our website through which the Services are provided, including but not limited to website design, layout, photographs, questionnaires, forms, drop down menu options, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on the website, to the extent protectable, and any and all other information accessible on the website through which the Services are accessible, all of which constitutes proprietary information. The Software, Services, Application, and original works on the website are protected by United States copyright laws and international treaty provisions. This Agreement provides You only a limited use license, and no ownership of any intellectual property.
Publishing.com undertakes its utmost effort to ensure that the Content provided in connection with these Services does not infringe any third-party rights. However, it may not always be possible to achieve such a result. If You become aware of an infringement or any alleged violation of third-party rights, You agree to report all third-party complaints related to the Services or Generated Content to Publishing.com without prejudice to the enforcement of rights You may have with respect to the third-party.
Content
You may provide User Content to the Services and receive Generated Content from the Services based on the User Content. User Content and Generated Content are collectively “Content.” You are responsible for Content, including ensuring that it does not infringe third-party rights, violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide User Content to our Services.
You grant Publishing.com a non-exclusive, fully paid-up and royalty-free license to use and process any Content for purposes of operating, maintaining, developing and improving the Services.
To the extent permitted by applicable law, You waive any moral rights you may have in connection with User Content.
You understand and agree that You do not have any right to privacy as between You and Publishing.com with respect to the User Content and/or Generated Content.
Publishing.com reserves the right, but has no obligation, to monitor content generation to ensure quality, legality, and that the User is using the Services consistent with these Terms. In connection with this right, Publishing.com may access User's Account.
Due to the nature of the Services and artificial intelligence generally, Generated Content may not be unique and other users may receive similar Generated Content from the Services.
Liability for User Content and Generated Content
Users are solely responsible for any User Content they upload, post, share, or provide through the Services and utilize in connection with the Services. Users acknowledge that the Publishing.com has no obligation to filter or moderate User Content, nor any Generated Content.
Publishing.com may, in its discretion, remove, delete or block access to Content and, without prior notice, deny the You access to these Services:
The removal, deletion or blocking of User Content and/or Generated Content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Access to External Resources
From time to time, Users may have access to external resources provided by third parties in connection with the Services, including but not limited to third-party links, other services not affiliated with Publishing.com, or other third-party services that User may find beneficial. Users acknowledge and accept that Publishing.com has no control over such resources, and is providing such external resources as an option for User to research and independently decide on. Publishing.com is not responsible for any third-party content and availability, as well as any data privacy policies, or other policies of the third-party resources provided.
Reasonable Usage
The primary objective of this Reasonable Usage Policy is to ensure responsible and efficient utilization of computational resources available on the Publishing.ai platform. This policy sets forth guidelines governing the consumption of API calls and computational resources. By establishing these guidelines, the policy aims to ensure that the behavior of a few Users will not disadvantage the majority of our Users by minimizing the risk of excessive strain on the computational resources that power Publishing.ai. This mutual understanding between Publishing.com and our Users facilitates an effective and reliable product experience, allowing for the optimal allocation of Publishing.ai resources.
Usage Monitoring
Publishing.com reserves the right to monitor User usage patterns and may impose restrictions if the User's API call frequency exceeds the reasonable monthly limits as may be set by Publishing.com.
Usage Limitations
Happiness Guarantee
Your Responsibilities as a Publisher
Our software team has worked with hundreds of students, coaches, and publishers in order to build the Publishing Assistant, and one thing is clear in order to ensure success - You, as the publisher, need to be fully vested in your manuscript - every step of the way. That means you must take full advantage of our courses, training, coaching, and help videos. That is the key to happiness with your manuscript. The resources we provide you are proven. They work.
Before contacting our support team please make sure:
What You Can Expect
If you have fulfilled all of your responsibilities as a publisher, and you're still not satisfied with the results, our support team will:
Limitation of Liability
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE TWO (2) MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
PUBLISHING.COM'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Publishing.com's sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
Disclaimer of Warranties
This Application and the Services are provided strictly on an “as is” and “as available” basis. Use of the Service is at Users' own risk. To the maximum extent permitted by applicable law, the Publishing.com expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Publishing.com or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Publishing.com, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the Services and/or software is accurate, reliable or correct; that the Services will meet Users' requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Any Content downloaded or otherwise obtained through the use of the Services is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users' computer system or mobile device or loss of data that results from such download or Users' use of the Services.
Publishing.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Service or any hyperlinked website or service, and the Publishing.com shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Services may become inaccessible or it may not function properly with User's web browser, mobile device, and/or operating system.
The disclaimers and exclusions under this Agreement shall not apply to the extent prohibited by applicable law.
Indemnification
You agree, to the extent permitted by law, to defend, fully indemnify and hold Publishing.com and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all causes of action, claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising out of or relating to Your use of the Services and Content or any violation of these Terms.
No Waiver
Publishing.com's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service Interruption
To ensure the best possible service level, Publishing.com reserves the right to interrupt the Services for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, Publishing.com may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, Publishing.com will cooperate with Users to enable them to withdraw Personal Data, Content or information and will respect Users' rights relating to continued Content use.
Additionally, the Service might not be available due to reasons outside the Publishing.com's reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy, found HERE.
Changes to these Terms
Publishing.com reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Publishing.com will inform the User of any material new changes by email or through an in-product notification.
Assignment of contract
You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.
Contacts
All communications relating to the use of the Services must be sent to:
Publishing.com
5900 Balcones Drive Suite 10763
Austin, TX 7873
legal@publishing.com
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Governing law
These Terms are governed by the law of the state of Texas, without regard to conflict of laws principles and regardless of location of User.
Prevalence of National Law
If the law of the country that the User is located in provides for a higher applicable consumer protection standard, such higher standards shall prevail.
Exception for Consumers in Brazil
If the User qualifies as a Consumer in Brazil and the product and/or service is commercialized in Brazil, Brazilian law will apply.
Dispute Resolution
You agree to resolve any claim or controversy arising out of or relating to these Terms of Service by Arbitration and/or a suitable Alternative Dispute Resolution in Austin, Texas regardless of your location, and agree to be bound by the decision(s) of the selected Arbitrator. You also agree to participate in good faith in the process, with failure to do so creating Our right to pursue any other available legal remedies, including but not limited to alternate forms of dispute resolution or litigation. If this arbitration provision is held unenforceable, it shall not render the entire agreement unenforceable, and this provision shall be considered severed from the rest of this Agreement.
Should an Arbitrator determine any portion of these Terms of Service is invalid or otherwise unenforceable, you agree all remaining portions of these Terms of Service shall remain valid and unaffected by the removal of any portion of these Terms of Service.
Class and Jury Trial Waivers.
You and Publishing.com agree that any and all disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and Publishing.com knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.
Exception for Consumers in Europe
The above provisions on Class and Jury Trial Waivers does not apply to any Users who qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
Entire Agreement
These Terms constitute the entire Agreement between Users and the Publishing.com with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter.