Terms of Service and End User License Agreement

Welcome to Deepwriter AI, an AI-powered creative writing application provided by Deepwriter AI, Inc. This document outlines the terms and conditions that apply to your use of the Deepwriter AI web application and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these terms. If you disagree with any part of the terms, then you may not access the Service.

1. Acceptance of Terms
By creating an account, accessing, or using the Deepwriter AI Service, you unconditionally accept and agree to be bound by these Terms of Service and End User License Agreement. You must also accept and agree to the OpenAI Terms of Service, available at OpenAI Terms of Service, as Deepwriter AI utilizes OpenAI's services.

2. Description of Service
Deepwriter AI is a web application provided by Deepwriter AI, Inc that uses artificial intelligence to assist users in creative writing tasks. The Service is provided on an "as is" and "as available" basis. We reserve the right to modify, suspend, or discontinue the Service at any time without notice.

3. User Accounts
To access certain features of the Service, you must create a user account. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.

3.1 Age Requirement
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old. If you are under 18 years old, you may not, under any circumstances or for any reason, use the Service. We may, in our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

4. User Content
By using Deepwriter AI, you understand and agree that Deepwriter AI, Inc does not claim ownership of any content generated using the Service. The ownership of the content follows the same rules as outlined in the OpenAI Terms of Service. You are solely responsible for your use of the content and compliance with applicable laws and third-party rights.

5. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service to generate content that:

Is unlawful, offensive, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party violates the OpenAI usage guidelines or Terms of Service

6. Intellectual Property
The Service and its original content, features, and functionality are owned by Deepwriter AI, Inc and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEEPWRITER AI, INC AND OUR AFFILIATES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DEEPWRITER AI, INC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT, INCLUDING AI-GENERATED CONTENT, WILL BE ACCURATE, RELIABLE, COMPLETE, OR SECURE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING ANY AI-GENERATED CONTENT, IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON AI-GENERATED CONTENT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND VERIFYING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY AI-GENERATED CONTENT OR OTHER INFORMATION OBTAINED THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEEPWRITER AI, INC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEEPWRITER AI, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability
In no event shall Deepwriter AI, Inc, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Service.

9. Governing Law
These Terms shall be governed and construed in accordance with the laws of New York State, without regard to its conflict of law provisions.

10. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

11. Privacy and Data Protection
Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal information. By using the Service, you agree to the collection and use of your data in accordance with our Privacy Policy.

11.1 GDPR Compliance
For users in the European Union, we comply with the General Data Protection Regulation (GDPR). Our Privacy Policy details how we process personal data, the legal bases for processing, and your rights under GDPR, including the right to access, correct, delete, and port your personal data, and the right to object to and restrict certain processing of your data.

12. Payment Terms and Subscriptions
Some features of Deepwriter AI may require payment. If you choose to use any paid features, you agree to pay the applicable fees and any taxes in accordance with the billing terms in effect at the time. We reserve the right to change our prices at any time. Your continued use of the paid features after a price change indicates your agreement to pay the new price.

12.1 Subscription Models and Free Trial
Deepwriter AI offers various subscription models. The specific terms, including pricing, features, and billing cycles, will be presented to you at the time of subscription.

12.1.1 Free Trial
All users are entitled to a single free generation using the Deepwriter AI service. This free trial is limited to one use per user and is intended to provide a sample of our service's capabilities. After using the free generation, users will need to subscribe to a paid plan to continue using the service.

12.1.2 Subscription Tiers
Following the free trial, users can choose from our available subscription tiers. Each tier offers different features and usage limits, which will be clearly outlined at the time of subscription.

12.1.3 Changes to Subscription Models
We reserve the right to modify, add, or remove subscription tiers at any time. Any changes to existing subscriptions will be communicated to affected users in advance, as outlined in Section 16.2 of these Terms.

12.2 Cancellation Policy
You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing cycle. You will not receive a refund for the current billing cycle.

12.3 Refund Policy
Generally, all purchases are non-refundable. However, in exceptional circumstances, we may, at our sole discretion, offer a refund. Please contact our support team to discuss your specific situation.

13. AI-Generated Content
Deepwriter AI utilizes advanced artificial intelligence to assist in content creation. Users acknowledge and agree to the following regarding AI-generated content:

13.1 Ownership
The ownership of AI-generated content follows the same rules outlined in the OpenAI Terms of Service. Users are responsible for ensuring they have the necessary rights to use, modify, and distribute any content generated through our Service.

13.2 Accuracy and Appropriateness
While we strive to provide high-quality AI-generated content, users acknowledge that such content may contain inaccuracies, biases, or inappropriate material. Users are solely responsible for reviewing, editing, and ensuring the accuracy and appropriateness of any AI-generated content before use or distribution.

13.3 Uniqueness
Users understand that AI-generated content may inadvertently resemble existing works. Users are responsible for ensuring that their use of AI-generated content does not infringe on any third-party rights.

13.4 Data Usage
By using our Service, users agree that any input they provide may be used to improve and train our AI models, subject to our Privacy Policy.

13.5 Limitations
Users acknowledge that AI-generated content has limitations and should not be relied upon for critical decisions without human review and verification.

14. Content Moderation
14.1 Moderation Policies
Deepwriter AI implements content moderation policies to maintain a safe and appropriate environment for all users. We reserve the right to review, flag, modify, or remove any content that violates our policies or these Terms of Service.

14.2 User Reporting
Users are encouraged to report any content they believe violates our policies. We will review all reports and take appropriate action.

14.3 Automated Moderation
We may use automated systems to assist in content moderation. Users acknowledge that these systems may occasionally make errors, and agree to contact our support team if they believe content has been incorrectly moderated.

15. Intellectual Property Rights
15.1 User-Generated Content
Users retain their intellectual property rights in the content they create using Deepwriter AI, subject to the licenses granted in these Terms.

15.2 AI-Generated Content
For AI-generated content, intellectual property rights are subject to the terms outlined in Section 13 of this agreement and the OpenAI Terms of Service.

15.3 Copyright Claims
If you believe that your copyrighted work has been used in a way that constitutes copyright infringement, please contact our designated copyright agent at [copyright@deepwriter.com].

16. Updates and Notifications
16.1 Service Updates
We may update or modify the Service at any time. We will strive to provide notice of significant changes through the Service interface or via email.

16.2 Terms Updates
Any changes to these Terms will be notified as outlined in Section 10. Additionally, we may provide notifications of changes through the Service interface or via email.

16.3 Communication Preferences
Users can manage their communication preferences through their account settings. However, users cannot opt out of receiving critical service notifications.

17. Account Termination
17.1 User-Initiated Termination
Users may terminate their account at any time by following the account closure process in their account settings or by contacting our support team.

17.2 Service-Initiated Termination
We may terminate or suspend a user's account as outlined in Section 13 of the original Terms. Additionally, we may terminate accounts that have been inactive for an extended period, with prior notice to the user.

17.3 Effect of Termination
Upon termination, users will lose access to the Service and any content stored within their account. We may retain certain data as required by law or for legitimate business purposes.

18. Feedback and Suggestions
We welcome feedback and suggestions for improving our Service. By submitting any ideas, suggestions, documents, or proposals to Deepwriter AI, you agree that:

Your submissions are voluntary and non-confidential.
We shall be entitled to use or disclose the submissions for any purpose without compensation to you.
We do not waive any rights to use similar or related ideas previously known to us, developed by our employees, or obtained from other sources.

19. Language
The Deepwriter AI Service and all related communications will be provided in English. We do not guarantee the availability of the Service or support in other languages at this time.

20. Accessibility
Deepwriter AI strives to make its Service accessible to all users, including those with disabilities. We are committed to complying with applicable accessibility laws and standards. If you encounter any accessibility issues or require accommodations, please contact our support team.

21. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

22. Dispute Resolution
Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be resolved through arbitration. The arbitration will be conducted by a single arbitrator in accordance with the rules of a nationally recognized arbitration organization, chosen by mutual agreement of the parties. The seat, or legal place, of arbitration shall be determined by the chosen arbitration organization. The language to be used in the arbitral proceedings shall be English. The governing law shall be the substantive law of the jurisdiction in which Deepwriter AI, Inc is incorporated at the time of the dispute.

23. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and Deepwriter AI, Inc concerning the Service.

24. User Conduct and Acceptable Use Policy
You agree to use the Service in compliance with all applicable laws and regulations. You shall not engage in any activity that interferes with or disrupts the Service or the servers and networks connected to the Service. You shall not attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service.

25. Indemnification
You agree to indemnify, defend, and hold harmless Deepwriter AI, Inc, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising from or related to your violation of these Terms or your use of the Service.

26. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

27. Force Majeure
Deepwriter AI, Inc shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

28. Contact Information
If you have any questions about these Terms, please contact us at:

Deepwriter AI, Inc
support@deepwriter.com