Terms Of Service

1. Changes to these Terms of Service and the WriftAI Platform

1. Except where prohibited by applicable law, we reserve the right to change any element of these Terms of Service at any time. When we change these Terms of Service, we will: (i) update this page; and (ii) update the “Last Updated” date at the top of these Terms of Service. We may require you to provide consent to the updated Terms of Service in a specified manner before further use of the WriftAI Platform is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the WriftAI Platform. Otherwise, your continued access to or use of the WriftAI Platform after any changes to these Terms of Service indicates your acceptance of such changes. It is your responsibility to review these Terms periodically for changes
2. Except where prohibited by applicable law, we reserve the right to change any element of the WriftAI Platform at any time, without notice. We may, at our discretion, suspend your access to or use of the WriftAI Platform or any component thereof: (i) for scheduled maintenance; (ii) due to a force majeure event; (iii) if you are delinquent in your payment of fees to WriftAI under any agreement; (iv) if WriftAI believes in good faith that you have violated any provision of these Terms of Service, the Responsible Use Guidelines (as defined below) or any other responsible use guidelines we provide to you or are posted on the WriftAI Website; (v) to address any emergency security concerns; or (vi) if required to do so by a regulatory body or as a result of a change in applicable law.
3. You may need to update third-party software from time to time in order to use the WriftAI Platform.
4. WriftAI may engage third parties, including cloud service providers, to provide the WriftAI Platform or the Services.

2. User Account

1. To access certain features of the WriftAI Platform, you may be required to successfully sign up for a user account using the available interfaces of the services, and select a username and password login credentials (the “User ID”).
2. If you select a User ID, you will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person.
3. You must provide us with true, accurate, current and complete information for your User ID. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the WriftAI Platform.
4. We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing the WriftAI Platform (or any portion thereof).
5. WriftAI is entitled to act on instructions received through your account. WriftAI is not responsible for any actions taken or transactions made to or from your account by any other party using your User ID. You are solely responsible for any and all use of your User ID and all purchases and activities that occur under or in connection with the User ID. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the WriftAI Platform and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the WriftAI Platform under your User ID that, if undertaken by you, would be deemed a violation of these Terms of Service.

3. Electronic Communications

1. When you use or view the WriftAI Platform or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, by text message or by posting notices on the WriftAI Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. By creating an account to access the WriftAI Platform, you acknowledge that WriftAI will send you service-related e-mails relating to your account, including service updates. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must stop using the WriftAI Platform. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications exchanged or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all communications without interruption.
3. If you are a member of our mailing list you will also receive email communications from us regarding our products, services and initiatives (including collaborations and partnerships). If you do not wish to receive these communications, you can unsubscribe from such promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications. Users who unsubscribe from receiving such promotional communications may continue to receive certain transactional and/or account-related communications.
4. If you sign up through WriftAI to receive special offers regarding products and services from our partners, you authorize us to share your email address and other Personal Information (as defined below) you authorize with the partner whose offer you wish to receive. If you request these special offers, you acknowledge the partner may also send you future offers that may interest you. You can opt out of future communications from WriftAI by contacting us in the manner described below; you can unsubscribe from future partner communications by following their unsubscribe and opt out instructions. You do not have to agree to participate in these offers in order to use the WriftAI Platform. You understand that WriftAI may receive financial remuneration in exchange for sharing your email address and other Personal Information you authorize with partners if you choose to sign up for an offer. Once you sign up for an offer, you can change your mind at any time, but if the partner or WriftAI has already relied on your authorization to share your email or other Personal Information for a particular offer, any action already taken cannot be undone.
5. By using the WriftAI Platform, you acknowledge and agree that WriftAI will be transmitting certain of your Personal Information electronically.
6. You acknowledge and agree that you are solely responsible for providing WriftAI with accurate contact information, including your mobile device number and email address, where we may send communications in accordance with these Terms of Service and our Privacy Policy.

4. Customer Data and Privacy

1. YOU GRANT US A NONEXCLUSIVE, WORLDWIDE, ROYALTY-FREE, IRREVOCABLE, SUBLICENSABLE, AND FULLY PAID-UP RIGHT TO ACCESS, COLLECT, USE, PROCESS, STORE, DISCLOSE AND TRANSMIT ANY DATA, INFORMATION, CONTENT, RECORDS OR FILES (“CONTENT”) THAT YOU LOAD, SUBMIT, TRANSMIT TO OR ENTER INTO THE WRIFTAI PLATFORM, OR THAT YOU OTHERWISE TRANSMIT TO WRIFTAI IN CONNECTION WITH THESE TERMS OF USE (“CUSTOMER DATA”) TO: (I) PROVIDE THE WRIFTAI PLATFORM; (II) EXERCISE ITS RIGHTS AND PERFORM ITS OBLIGATIONS UNDER THESE TERMS OF USE, INCLUDING ENSURING YOU ARE COMPLYING WITH THESE TERMS OF USE, THE RESPONSIBLE USE GUIDELINES AND ANY OTHER RESPONSIBLE USE GUIDELINES WE PROVIDE TO YOU OR ARE POSTED ON THE WRIFTAI WEBSITE; AND (III) IMPROVE AND ENHANCE THE WRIFTAI PLATFORM AND OUR OTHER OFFERINGS AND BENCHMARK THE FOREGOING, INCLUDING BY SHARING API DATA AND FINETUNING DATA WITH THIRD PARTIES WHO MAY USE THE FINETUNING DATA AND API DATA TO PROVIDE SERVICES TO WRIFTAI AND FOR OTHER PURPOSES PERMITTED UNDER THEIR TERMS AND CONDITIONS.
2. WRIFTAI DOES NOT REPRESENT, WARRANT, OR COVENANT THAT IT HAS REVIEWED ANY THIRD PARTY TERMS AND CONDITIONS AND IS NOT RESPONSIBLE FOR ANY API DATA OR FINETUNING DATA SHARED WITH THIRD PARTIES. WRIFTAI DOES NOT ENDORSE ANY THIRD PARTY SERVICE AND YOU ACKNOWLEDGE THAT IF YOU CHOOSE TO SUBMIT ANY API DATA OR FINETUNING DATA TO THE WRIFTAI PLATFORM, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT ANY THIRD PARTY TERMS AND CONDITIONS MAY NOT HAVE THE SAME OR SIMILAR COMMITMENTS OR PROTECTIONS AS THOSE CONTAINED IN THESE TERMS OF USE AND ANY FINETUNING DATA OR API DATA SHARED BY WRIFTAI WITH THIRD PARTIES WILL BE ACCESSED, USED, AND OTHERWISE HANDLED BY SUCH THIRD PARTIES IN ACCORDANCE WITH THEIR TERMS AND CONDITIONS, WHICH MAY PERMIT SUCH THIRD PARTY TO USE FINETUNING DATA OR API DATA FOR ITS OWN PURPOSES.
3. Please refer to our Privacy Policy at https://wrift.ai/privacy-policy for information on how we collect and disclose information from our users, what data we store, and how we use that data. You agree that your use of the WriftAI Platform is subject to our Privacy notice.

5. Subscription and Payment

WriftAI offers parts of its services through subscription-based models (“Subscriptions”). Subscribers are charged following a consistent, periodic schedule (“Billing Period”). The length of this period, which could be weekly, monthly or annually.

Subscriptions automatically continue at the end of each Billing Period with the same terms unless cancelled by the subscriber or by WriftAI.

For subscription payments, WriftAI requires a valid payment method, like a credit card. It is the responsibility of the subscriber to provide WriftAI with correct and complete payment details, including full name, address, contact number, and payment method details. Submitting this payment information grants WriftAI permission to process all charges incurred by the user’s account to these payment methods.

In instances where an automatic payment fails, WriftAI will send an electronic notification advising of the need to make the payment manually by a specified due date, covering the entire amount due for that billing period as detailed in the notification.

6. Pricing

We reserve the right to adjust the pricing for our Subscriptions associated with WriftAI at any point, according to its sole judgment.

Your decision to continue using WriftAI's services after the introduction of a price adjustment will be interpreted as your acceptance of the new pricing.

7. Promotional Offers

We may run promotional offers from time to time on the WriftAI Platform. The terms of any such promotion will be posted on the WriftAI Platform. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Promotional offers may not be available in your jurisdiction.

8. Ownership of the WriftAI Platform

1. All right, title and interest, including intellectual property rights, in the WriftAI Platform, the source code in the software we use to provide the WriftAI Platform (the “Software”) and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of WriftAI (or our third-party suppliers, if applicable).
2. The WriftAI Platform and all materials provided by us hereunder are made available or licensed and not “sold” to you.
3. The Software and all other materials provided by us hereunder, including content we make available through or in the WriftAI Platform, are protected by copyright in Canada. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling any of the WriftAI Platform, the Software or other materials provided by us hereunder, or sharing or granting access in any of the foregoing to any third party for any purpose.
4. Any use of third-party software provided in connection with the WriftAI Platform will be governed by such third parties’ licenses and not by these Terms of Service;
5. “WriftAI” is the trade name and mark of Sych Inc. Any trademarks, graphics or logos appearing in or on the WriftAI Platform are the exclusive property of WriftAI (or its third-party suppliers) and may not be used in any manner without our express written consent.
6. All rights not expressly granted to you in these Terms of Service are reserved by WriftAI.

9. License to the WriftAI Platform

Subject to these Terms of Service, we grant you anon-exclusive, non-transferable, non-sublicensable and revocable license to use the WriftAI Platform in accordance with these Terms of Service.

10. Additional Terms

Your access to and use of certain functionalities provided in or through the WriftAI Platform may be subject to additional terms and conditions presented to you by WriftAI or its service providers. Such additional terms and conditions are incorporated herein by reference. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms of Service, then the provisions of these Terms of Service will govern to the extent of such conflict or inconsistency. If you do not purchase such additional functionalities or do not agree to such additional terms, you may not have access to, and you should not access or use, those functionalities.

These Terms of Service relate to the WriftAI Platform only and do not alter in any way the terms or conditions of any Subscription Agreement that may apply to your use of the WriftAI Platform or any Services available thereon. For greater certainty, if there is a conflict or inconsistency between the terms and conditions of your Subscription Agreement and these Terms of Service, then the provisions of the Subscription Agreement will govern to the extent of such conflict or inconsistency.

11. Updates and Upgrades

You acknowledge that we may from time-to-time issue updated or upgraded versions of the WriftAI Platform. We will not automatically update or upgrade the version that you are currently using on your device, and the download and installation of any such update or upgrade must be manually carried out by you. The updates or upgrades may: (i) cause your device to communicate with our servers to deliver the functionality through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect Personal Information as set out in our Privacy Policy. We are not responsible if an update or upgrade affects how the WriftAI Platform works if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw your consent at any time under certain conditions by contacting us at legal@sych.io.

12. Your Responsibilities

You agree to:

1. use reasonable efforts to prevent unauthorized access to or use of the WriftAI Platform;
2. keep your User IDs and all other login information confidential;
3. not register for more than one account, register for an account on behalf of an individual other than yourself without such individual’s authorization, or register for an account on behalf of any group or entity;
4. monitor and control all activity conducted through your account in connection with the WriftAI Platform;
5. upload and disseminate only data to which you own all required rights under law and do so only consistent with applicable law;
6. promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a User ID or account;
7. not use anyone else’s User ID at any time, without the permission of the User ID holder;
8. not attempt, in any manner, to obtain the password, account, or other security information from any other user; and
9. comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data and privacy laws. Except as authorized by applicable law, you agree not to export, re-export or transfer the WriftAI Platform or any part thereof to any country, person, entity or end user subject to applicable export controls or sanctions. For greater certainty, you are responsible for complying with all applicable trade restrictions, regulations and laws both foreign and domestic.

13. No Unlawful or Prohibited Use

You will not use the WriftAI Platform in violation of these Terms of Service, any applicable Subscription Agreement, the Responsible Use Guidelines or any other responsible use guidelines we provide to you or are posted on the WriftAI Website, or of any applicable law, or in the case of third party materials, websites or content accessed through or provided with the WriftAI Platform or the Services, the applicable third-party license agreement. You will not, without our prior written permission, use the WriftAI Platform for any purpose other than to access and use the software and Services we make available through the WriftAI Platform. Without limiting the generality of the foregoing, you further represent and warrant to and covenant with WriftAI that you will not (and will not attempt to) directly or indirectly:

1. disable, overly burden, impair, or otherwise interfere with servers or networks connected to the WriftAI Platform (e.g., a denial of service attack);
2. attempt to gain unauthorized access to the WriftAI Platform, or bypass any measures we may use to prevent or restrict access to the WriftAI Platform, attempt to circumvent the intended features, functionality or limitations of the WriftAI Platform, or otherwise use, copy, distribute, or make available the WriftAI Platform to permit timesharing, service bureau use or commercially exploit the WriftAI Platform;
3. send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the WriftAI Platform any data, information, pictures, videos, audio or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability; (viii) discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others; or (ix) contains information about an identifiable individual, other than as required by WriftAI: (A) to provide support services as further set out in the applicable Subscription Agreement; or (B) as part of its onboarding process as further set out in Section 2 (User Account);
4. use the WriftAI Platform in a manner which, in the opinion of WriftAI would tend to bring WriftAI or any of its trademarks into public disrepute, contempt, scandal or ridicule, would adversely affect the reputation or goodwill of WriftAI or any of its the trademarks, or adversely affect the relationship between WriftAI and any of its licensors or other customers;
5. use the WriftAI Platform to store or transmit material that is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous, obscene, or otherwise objectionable or unlawful;
6. use the WriftAI Platform for any activities where the use or failure of the WriftAI Platform would reasonably be expected to result in death, serious personal injury, or severe environmental or property damage (such as the creation or operation of weaponry);
7. use the WriftAI Platform to transmit, store, or process health information subject to United States Health Insurance Portability and Accountability Act of 1996, as it may be amended from time to time (and any regulations issued under it);
8. use the WriftAI Platform for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State;
9. use the WriftAI Platform to generate political propaganda;
10. use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the WriftAI Platform or any part thereof or otherwise attempt to discover any source code;
11. remove or obscure any proprietary notices or labels on the WriftAI Platform, including brand, copyright, trademark and patent or patent pending notices;
12. use the WriftAI Platform or any Content that You receive through or from the WriftAI Platform for the purpose of building a similar or competitive product or service;
13. perform any vulnerability, penetration or similar testing of the WriftAI Platform;
14. advertise to, or solicit, any user to buy or sell any third party products or services, or use any information obtained from the WriftAI Platform in order to contact, advertise to, solicit, or sell to any user without their prior express consent;
15. use the WriftAI Platform or any part thereof to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services, promoting any website, or use any paid advertising platform to promote links that direct to the WriftAI domain or use the WriftAI trademark;
16. run Maillist, Listserv, any form of auto-responder or “spam” on the WriftAI Platform, or any processes that run or are activated while you are not logged into the WriftAI Platform, or that otherwise interfere with the proper working of the WriftAI Platform (including by placing an unreasonable load on the WriftAI Platform’s infrastructure)
17. publish, market, advertise or in any way distribute the Content;
18. share, transfer or otherwise provide access to an account designated for you to another person;
19. copy or store any significant portion of the Content;
20. use the WriftAI Platform or Content to stalk, harass or harm another individual;
21. mirror or frame the WriftAI Platform or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; or
22. authorize, permit, enable, induce or encourage any third party to do any of the above.

14. Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through the WriftAI Platform. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the WriftAI Platform.

15. Feedback

You agree that any suggestion or idea provided by you (such suggestions or ideas, “Feedback”) will not be treated as confidential, and nothing in these Terms of Service will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the WriftAI Platform or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. You will not have any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of any Feedback. Except as prohibited by law, you hereby waive, and you agree to waive, any moral and author’s rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.

16. Third Party Content, Websites or Services

The WriftAI Platform may provide links or access to third party content, websites, or services. Likewise, we may allow you to access the WriftAI Platform from third party systems. WriftAI does not endorse any third-party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under WriftAI’s control, and if you choose to access any such content, websites, or services, or to access the WriftAI Platform from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of service applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of service.

Your interactions with organizations and/or individuals found on or through the WriftAI Platform, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that to the fullest extent permitted by applicable law WriftAI is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

17. Malicious Code and Security

The downloading and viewing of Content are done at your own risk. We do not guarantee or warrant that the WriftAI Platform is compatible with your computer system or mobile device or that the WriftAI Platform, or any links from the WriftAI Platform, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system and/or mobile device that may be necessary as a result of your use of the WriftAI Platform.

18. Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS, WHICH MAY INCLUDE QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE WRIFTAI PLATFORM AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES OR CONDITIONS PROVIDED IN AN APPLICABLE SUBSCRIPTION AGREEMENT OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WRIFTAI PLATFORM AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE WRIFTAI PLATFORM AND THE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD-PARTY MATERIALS, WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE WRIFTAI PLATFORM. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS, WEBSITES OR CONTENT IS STRICTLY BETWEEN CUSTOMER AND THE THIRD PARTY.

IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION IN ANY OF THE SERVICES OFFERED BY WRIFTAI FOR WHATEVER REASON, EVEN IF WRIFTAI HAS BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WRIFTAI WILL NOT BE REQUIRED TO ISSUE A REFUND FOR ANY PURCHASE MADE BY YOU. AS SOON AS WRIFTAI HAS IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, WRIFTAI WILL USE REASONABLE EFFORTS TO RETURN SERVICE AS SOON AS REASONABLY POSSIBLE.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR PARENTS, SUBSIDIARIES OR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICE PROVIDERS AND ITS AND THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “WRIFTAI PARTIES”), BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES (COLLECTIVELY, “LOSSES”), IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE WRIFTAI PLATFORM OR THE INABILITY TO MAKE USE OF THE WRIFTAI PLATFORM, OR THESE TERMS OF USE, INCLUDING, FOR CLARITY, ANY LOSSES RESULTING FROM THE ACCESS, COLLECTION, USE, PROCESSING, STORING, DISCLOSING OR TRANSMITTING OF API DATA OR FINETUNING DATA BY THIRD PARTIES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WRIFTAI PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WRIFTAI PLATFORM.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WRIFTAI PLATFORM, EXCEED $100 CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

Without limiting the foregoing, under no circumstances will any of the WriftAI Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, pandemics, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

20. Indemnification

You will defend, indemnify and hold harmless the WriftAI Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:

1. your use (or the use by any third party using your User ID) of the WriftAI Platform or the Services (except to the extent prohibited by law);
2. your breach of any provision of these Terms of Service or any documents referenced herein;
3. your violation of any law or the rights of a third party (including intellectual property rights);
4. your Customer Data; or
5. any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the WriftAI Platform.

WriftAI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, the Terms of Service or your access to the WriftAI Platform.

21. Term and Termination; Survival

1. These Terms of Service will commence on the day you first use the WriftAI Platform and will continue for as long as you use the WriftAI Platform or until terminated in accordance with the provisions of these Terms of Service. At any time, WriftAI may: (i) suspend or terminate your rights to access or use the WriftAI Platform, or (ii) terminate these Terms of Service, in WriftAI’s sole discretion, for any reason, including if WriftAI in good faith believes that you have used the WriftAI Platform in violation of these Terms of Service, the Responsible Use Guidelines or any other responsible use guidelines we provide to you or are posted on the WriftAI Website, or have engaged in fraudulent activity. You may terminate these Terms of Service at any time and with immediate effect by requesting by email that your User ID be deleted, ceasing use of the WriftAI Platform and uninstalling and deleting the WriftAI Platform. For greater certainty, your termination of these Terms of Service will not automatically terminate an active Subscription Agreement and if you continue to use any portion of the WriftAI Platform after these Terms of Service have been purportedly terminated by you as described above, including any use pursuant to an active Subscription Agreement, these Terms of Service will continue to apply to the extent of such use. In the event of termination, you are no longer authorized to access the benefits of the WriftAI Platform.
2. The following Sections, together with any other provision of these Terms of Service which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Service, will survive expiration or termination of these Terms of Service for any reason: Sections 4 (Customer Data and Privacy), 8 (Ownership of the WriftAI Platform), 10 (Additional Terms), 14 (Communications Not Confidential), 16 (Third Party Content, Websites or Services) 17 (Malicious Code and Security), 18 (Disclaimer), 19 (Limitation of Liability), 20 (Indemnification), 21(b) (Survival), and 22 (General Provisions).

22. General Provisions

1. Choice of Law. Except as restricted by applicable law, these Terms of Service will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without giving effect to any principles of conflicts of law), and such laws apply to your access to or use of the WriftAI Platform notwithstanding your physical location. You will only use the WriftAI Platform in jurisdictions where the WriftAI Platform may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario in all disputes arising out of or relating to the use of the WriftAI Platform. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
2. Entire Agreement. These Terms of Service, any applicable Subscription Agreement, and any applicable confidential disclosure agreement entered into by the parties that references these Terms of Service, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the WriftAI Platform and the Services. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service (and/or any applicable Subscription Agreement) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
3. Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Service must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
4. Severable. If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Service and all other provisions of these Terms of Service will remain in full force and effect.
5. Assignment. You will not assign these Terms of Service to any third party without our prior written consent. We may assign these Terms of Service or any rights under these Terms of Service to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. The terms of these Terms of Service will be binding upon permitted assignees. These Terms of Service will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
6. Dispute Resolution. If you believe that WriftAI has not adhered to these Terms of Service, please contact WriftAI using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
7. English Language. It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

23. Contact

If you have any questions or comments regarding these Terms of Service, please contact us at legal@sych.io.