Terms and Conditions
Effective Date: 12/13/2024
Welcome to favwriter.com (“Service”), operated by WriteNow LLC (“Company,” “we,” “our,” or “us”). By using our Service, you agree to these Terms and Conditions (“Terms”). Please read them carefully.
1. Acceptance of Terms
By accessing or using favwriter.com, you agree to comply with these Terms. If you do not agree, do not use our Service.
2. Services Provided
favwriter.com provides AI-generated content, including blog posts and other materials. You understand that the content is automatically generated and designed to be ready for direct use on your site. While users may choose to make further edits, such modifications are optional.
3. License to Use Content
3.1 Non-Competing Use
You are granted a perpetual, worldwide, exclusive license to use, distribute, and resell content generated for you by favwriter.com, provided the following conditions are met:
The content must not be used to create or operate a service or platform that competes with favwriter.com.
Redistribution or resale must be part of a broader service offering (e.g., SEO consulting, web development) and not the primary service or product.
3.2 Attribution and Branding
You may not claim that the content was generated by your own AI system or use favwriter.com branding without prior written approval.
4. User Responsibilities
You agree that you are responsible for ensuring the compliance of all generated content with applicable laws, including copyright, trademark, and defamation laws.
You agree not to input sensitive or confidential information into the Service.
5. Refund Policy
5.1 One-Time Blog Posts
Full refunds are available for:
– Any blog post generated within the last 31 days
– Any unused blog posts in your package
5.2 Monthly Subscriptions
Refunds are available for the most recent charge at any time. No refunds are provided for earlier charges or partial months.
5.3 Yearly Subscriptions
Yearly subscriptions are eligible for a refund of unused months if canceled before the end of the term. Refunds will be calculated by subtracting the full monthly rate for each month (or partial month) used from the total amount paid. Unused months are rounded down to the nearest full month.
Refund requests must be submitted via email to support@favwriter.com. Refunds will be initiated within 7-10 business days but may take additional time depending on our payment processor.
6. Disclaimers and Limitations of Liability
6.1 No Warranties
The content provided by favwriter.com is “as is” without warranties of any kind, express or implied.
We strive to provide accurate data, links, and references within the generated content but do not guarantee their accuracy.
6.2 Limitation of Liability
Our liability to you for any claims arising out of or related to your use of the Service is strictly limited to the amount you paid for the Service. We are not responsible for any indirect, incidental, or consequential damages arising from the use of our Service. This limitation applies to all claims, including but not limited to, breach of contract, tort, or any other legal theory.
7. Indemnification
7.1 User Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from:
Any violation of these Terms
Your use of the generated content
Any claim by a third party related to your use of the content
Any legal action arising from the implementation or publication of the generated content
7.2 Scope of Indemnification
This indemnification obligation includes, but is not limited to, claims arising from:
Copyright or trademark infringement
Defamation or libel
False advertising
Privacy violations
Any other legal claims related to the content’s use
7.3 Cooperation
You agree to cooperate in the defense of any claim covered by this indemnification clause. This cooperation includes providing necessary information and assistance as reasonably requested by the Company.
8. Arbitration Agreement
8.1 Informal Resolution
Before initiating arbitration, you agree to contact us at support@favwriter.com to attempt to resolve the dispute informally. Most disputes can be resolved quickly and fairly.
8.2 Arbitration Rules
If a dispute cannot be resolved informally, it will be settled through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules or another equivalent set of rules mutually agreed upon by the parties. The arbitration will be conducted online or, if mutually agreed, via telephone or written submissions. For any in-person arbitration proceedings, the location will be Washington, DC, unless otherwise agreed by the parties. The arbitration shall be governed by the Federal Arbitration Act (FAA).
8.3 Costs
The cost of the arbiter, as well as administrative fees for arbitration, will be paid by the user of the Service. Each party will bear its own additional costs, such as attorney fees and expert witness fees, unless otherwise agreed in writing or determined by the arbiter.
8.4 Limitation of Damages
The arbitrator may only award damages up to the amount paid by the user for the Service or blog post in question. Punitive damages and damages not expressly permitted under these Terms are excluded.
8.5 Venue and Governing Law
If in-person arbitration is required, it will take place in Washington, DC, unless otherwise agreed by the parties. These Terms, and any disputes arising under them, shall be governed by the laws of the State of Delaware, excluding its conflict of law principles.
8.6 Exceptions to Arbitration
We reserve the right to seek injunctive or equitable relief in a court of competent jurisdiction for disputes related to intellectual property, including but not limited to trademark infringement, copyright misuse, or unauthorized use of proprietary technology. Users agree that they may only resolve all disputes, including intellectual property-related disputes, through arbitration as outlined in this agreement. This limitation ensures the efficient resolution of disputes while safeguarding our proprietary interests. This exception is necessary to protect the proprietary technology and trademarks that enable us to provide this service. All other disputes are resolved through arbitration to ensure a fair, cost-effective, and timely resolution process for our users.
8.7 Confidentiality
The arbitration proceedings, including any documents and decisions, will remain confidential and will not be disclosed to any third party without prior written consent, except as required by law.
8.8 Court Proceedings
In the unlikely event that arbitration fails to resolve the dispute, or if the arbitration agreement is deemed unenforceable, any resulting legal proceedings shall take place in the courts located in Washington, DC. You and the Company agree to submit to the personal jurisdiction of these courts.
9. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.
10. Privacy Policy
10.1 Data Collection
We may collect and store the inputs you provide to the Service to improve our algorithms, debug issues, and enhance user experience.
10.2 Data Retention
We retain records of your input and generated content for operational purposes. We may share anonymized, aggregated data with third-party service providers to improve our offerings. However, we will not share your data with third parties without your consent unless required by law.
10.3 Security
While we take reasonable measures to protect your data, we cannot guarantee complete security. You acknowledge and accept this risk.
11. Service Interruptions
We are not liable for any delays, interruptions, or downtime affecting the availability of the Service. Refunds for service interruptions are available upon request if the Service is unavailable for an extended period.
12. Modifications to Terms
We may update these Terms at any time. Continued use of the Service after updates constitutes acceptance of the revised Terms. We will notify users of significant changes via email or the Service.
13. Contact Information
If you have questions or concerns about these Terms, please contact us at support@favwriter.com.