Lifewrite Terms and Conditions

Last updated: August 29, 2024

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://lifewrite.ai website (the “Service”) operated by Lifewrite (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use 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.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

Service Usage

Eligibility: You must be at least 16 years old to access and use the Services. If you are under the legal age of majority in your area of residence, you can only use the Services if your parent or guardian agrees to these Terms. Be sure to review these Terms with them. If you are a parent or legal guardian of a user who is under the age of majority, you are bound by these Terms and are responsible for supervising your child’s activities on the Services.

Account Registration and Security: To access many of the Services, you are required to create an account. You must provide accurate and up-to-date information when registering and maintain the security of your account at all times. If you become aware of any unauthorized use of your account or any security breach, please notify us immediately at support@lifewrite.ai. You are responsible for all actions taken under your account, as permitted by applicable law. You agree not to create an account if we have previously suspended or removed you or your account from the Services, unless we specifically agree otherwise. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Subscriptions and Promotional Offers

This section outlines the terms related to services that require a paid subscription to access (“Lifewrite Premium”).

Recurring Subscriptions: If you purchase a recurring subscription for Lifewrite Premium (“Recurring Subscriptions”), it will continue for the duration of the selected subscription period and automatically renew at the end of each period unless canceled. You authorize Lifewrite to charge your chosen payment method at the start of each subscription period for the then-current subscription price, along with applicable taxes and fees, unless you cancel as described in this Section. If we are unable to process your payment, you are still responsible for any outstanding amounts.

Cancellation: To avoid being charged for the next subscription period, you must cancel your Recurring Subscription at least 24 hours before the end of the current period. If you purchased your subscription through lifewrite.ai, you can cancel at https://lifewrite.ai/account/. If you subscribed via a third-party platform, such as an app store, you will need to cancel directly through that platform.  For help with canceling email support@lifewrite.ai. Cancellations are non-refundable, but you will retain access to Lifewrite Premium until the end of the current subscription period.

Changes: We may make adjustments to your Recurring Subscription, including price changes. Any significant changes, including price increases, will be communicated to you in advance via the email linked to your account. If you do not agree to the changes, you may cancel your subscription as outlined in this Section.

Promotional Offers Converting to Recurring Subscriptions: You may receive a Promotional Offer in connection with a Recurring Subscription, such as a free trial or an initial discount (“Promotional Offer”). Additional terms specific to each Promotional Offer will be provided with the offer (“Offer Terms”). You must meet the eligibility requirements in these Terms and the Offer Terms to participate. Unless otherwise stated, Promotional Offers are only available to new customers who have not previously subscribed to Lifewrite Premium or used a Promotional Offer. If an offer is available only to former subscribers, your subscription must have expired before the date mentioned in the Offer Terms. Lifewrite reserves the right to determine eligibility and modify or discontinue any Promotional Offer at its discretion. Offers can only be redeemed on lifewrite.ai before the stated expiration date.

To activate a Promotional Offer, you must provide a valid payment method unless otherwise specified in the Offer Terms. Once the promotional period ends, Lifewrite will begin charging your payment method on a recurring basis at the current subscription rate, plus any applicable taxes, unless you cancel at least 24 hours before the promotional period ends.

Services and User Content Rights

Ownership of Lifewrite Services: Except for the limited license rights granted to you under these Terms, Lifewrite and its licensors hold all rights, title, and interest in and to the Services, including all text, graphics, images, audio, video, and other materials provided through the Services, along with any related intellectual property rights. You acknowledge that the Services are protected by intellectual property laws in the U.S. and other countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notices that are part of or accompany the Services. You are prohibited from reproducing, distributing, modifying, creating derivative works from, publicly displaying, performing, republishing, downloading, storing, or transmitting any part of the Services, except as necessary for your authorized use of them.

Limited License Granted by Lifewrite: As long as you comply with these Terms, Lifewrite grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial use (unless Lifewrite has provided written permission for otherwise, such as for a trial or test purpose). Additionally, Lifewrite grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of any mobile app distributed through an App Store onto a mobile device that you own or control. Any use of the Services beyond what is authorized here, without our written permission, is strictly prohibited, will terminate your license, and will infringe on our intellectual property rights. You also authorize us to automatically install updates for our mobile apps based on your device configurations.

Ownership of User Content: Except for the license you grant below, Lifewrite does not claim ownership of any messages, images, text, or other content that users post or upload through the Services, including any content posted on social media platforms that tag Lifewrite’s account or use hashtags incorporating Lifewrite’s trademarks (collectively, “User Content”). User Content does not include any part of the Services that might appear in your posts. Nothing in these Terms limits any legal rights you may have to use and manage your User Content.

License You Grant to Lifewrite: By providing any User Content to Lifewrite, you grant Lifewrite a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, store, publish, translate, reproduce, adapt, copy, modify, create derivative works from, publicly display, perform, and distribute your User Content, along with any name, username, or likeness associated with your User Content, across any media formats and channels, both now known and developed in the future, in connection with operating, marketing, or offering the Services, without compensation to you. To the extent allowed by applicable laws, you waive any moral or special rights regarding your User Content. When you post or share User Content through the Services, you understand that your content and any related information may be visible to others. You also represent and warrant that your User Content and Lifewrite’s use of that content, as allowed by these Terms, will not infringe on anyone’s rights or cause harm to any person or entity.

Prohibited User Content and Conduct

You are fully responsible for the User Content you create and for your behavior while using the Services. You agree not to do any of the following:

1. Prohibited User Content: You may not post, upload, create, publish, store, submit, transmit, or share any User Content that:

• (i) is confidential and that you lack the rights to disclose or grant us a license for;
• (ii) infringes, misappropriates, or violates the intellectual property rights, privacy rights, or publicity rights of any third-party, including patents, copyrights, trademarks, trade secrets, or moral rights;
• (iii) violates or promotes behavior that would violate these Terms, any applicable laws or regulations, or the rights of others, potentially resulting in civil or criminal liability;
• (iv) is fraudulent, false, misleading, or deceptive;
• (v) impersonates or misrepresents your association with any person or entity, or contains statements, remarks, or claims that do not reflect your genuine opinions and experiences;
• (vi) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory;
• (vii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
• (viii) is violent or threatening, or promotes violence or actions that threaten any person or entity;
• (ix) promotes illegal or harmful activities or substances;
• (x) contains unsolicited or unauthorized promotions, political campaigning, advertisements, or solicitations;
• (xi) contains viruses, corrupted data, or other harmful, disruptive, or destructive content or files; or
• (xii) is, in our sole judgment, objectionable, restricts or inhibits another person’s use or enjoyment of the Services, or could expose Lifewrite or others to harm or liability of any type.

1. Prohibited Conduct: You agree not to:

• Copy, reproduce, distribute, publicly perform, publicly display, mirror, or frame the Services or any elements within the Services, including Lifewrite’s name, trademarks, logos, proprietary information, or the layout and design of any part of the Services, without Lifewrite’s prior written consent;
• Modify the Services, remove any proprietary notices or markings, or create derivative works based on the Services;
• Use the Services for purposes other than their intended use, or in a way that violates these Terms, any applicable laws or regulations, contracts, intellectual property rights, or the rights of others, or in a manner that interferes with, disrupts, or negatively affects other users’ enjoyment of the Services, or that could damage, disable, or impair the Services;
• Develop or use any applications that interact with the Services without Lifewrite’s prior written consent;
• Circumvent, bypass, remove, deactivate, impair, or otherwise interfere with any security or technological measures implemented by Calm or its providers, or by any other third-party (including another user), to protect the Services;
• Attempt to access or search the Services, or extract data from them, using any software, tools, or devices (such as spiders, robots, or crawlers) other than the software or search agents provided by Lifewrite or allowed by Lifewrite’s robot.txt file;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
• Interfere with, or attempt to interfere with, the access or functioning of the Services, including by sending viruses, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from other users of the Services without their explicit consent;
• Engage in harassing, threatening, intimidating, predatory, or stalking behavior;
• Use or attempt to use another user’s account without their and Lifewrite’s authorization; or
• Encourage or enable any other person to engage in any of the prohibited actions listed above.

Although we are not required to monitor access to or usage of the Services or to review or edit any User Content, we reserve the right to do so at any time, for any reason, without notice. To the extent allowed by applicable law, we may remove or disable access to any User Content at our discretion, particularly if we believe it violates these Terms. Failure to enforce this section in certain cases does not waive our right to enforce it in the future. We also reserve the right to investigate any violations of these Terms or actions that affect the Services, and we may cooperate with law enforcement authorities to prosecute users who break the law. This section does not create a private right of action for third parties, nor does it guarantee that the Services will be free of prohibited User Content.

Trail Creator Terms

These additional terms apply to individuals or entities (“Trail Creators”) who collaborate with Lifewrite to develop and distribute Writing Trails through the Lifewrite platform and Trail Store.

a. Ownership & Licensing

• Trail Creators retain full ownership of their original content provided for the creation of Writing Trails.
• By submitting content, Trail Creators grant Lifewrite a non-exclusive, worldwide, royalty-bearing license to adapt, market, distribute, and sell the resulting Writing Trails via the Lifewrite platform and affiliated channels.
• Lifewrite may use the Trail Creator’s name, likeness, and submitted content for promotional purposes related to the Writing Trail and Trail Store.

b. Revenue Sharing & Payment Terms

• Trail Creators will receive 40% of net revenue from each sale of their Writing Trail(s) unless otherwise agreed in writing.
• “Net revenue” is defined as gross sales minus applicable taxes, transaction fees, and platform costs.
• Payments will be issued on a monthly basis, provided the minimum payout threshold of $50 is met. Amounts below this threshold will roll over to the following month.

c. Approval & Distribution

• No Writing Trail will be published or made available for sale without the Trail Creator’s written approval of the final version.
• Lifewrite reserves the right to determine pricing, promotional discounts, and bundling strategies unless otherwise agreed.

d. Content Guidelines

• All submitted content must comply with Lifewrite’s content standards, including but not limited to: no defamatory, infringing, obscene, or unlawful material.
• Lifewrite reserves the right to request modifications or reject content that does not align with its mission, values, or quality standards.

e. Modifications & Updates

• Trail Creators may request updates to their Writing Trails. Significant revisions may be subject to additional service fees, depending on the scope of work.

f. Termination & Removal

• Either party may terminate this agreement for any reason with 30 days’ written notice.
• Upon termination, Lifewrite will cease distribution of the Trail Creator’s Writing Trails, except to fulfill existing customer access rights.
• Outstanding payments will be settled in accordance with Section b.

g. Indemnification

• Trail Creators represent that all submitted content is original or properly licensed and agree to indemnify and hold harmless Lifewrite from any claims arising out of intellectual property infringement, misuse, or legal disputes related to the content provided.

h. Limitation of Liability

• Lifewrite shall not be liable for any indirect, incidental, or consequential damages arising from participation in the Trail Creator Program, including but not limited to loss of revenue beyond the agreed revenue share.

Additional Terms

We may also have different or additional terms in relation to some of the Services. Unless we say otherwise in those terms, those terms supplement and are part of these Terms and will control to the extent there is a conflict with these Terms.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Lifewrite and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Lifewrite.

Lifewrite has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Lifewrite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Medical Disclaimers

1. the Services are provided for informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care;
2. Lifewrite is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition;
3. Lifewrite does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment;
4. Lifewrite is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services;
5. You should always consult a medical professional if you have any questions regarding a medical condition; and
6. You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services.

Not all activities described as part of the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services.

Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Lifewrite and its officers, directors, partners, employees, and agents (individually and collectively, the “Lifewrite Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (“Claims”), arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content or feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services.

You will promptly notify the Lifewrite Parties of any third-party Claims, cooperate with the Lifewrite Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Lifewrite Parties will have control of the defense or settlement, at Lifewrite’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Lifewrite or the other Lifewrite Parties.

Limitation of Liability

To the fullest extent permitted by applicable law, neither Lifewrite nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary, or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Lifewrite has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Unless such limits are prohibited by applicable law, in no event will Lifewrite’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Services exceed the greater of: (a) the amounts you have paid to Lifewrite for use of the Services; or (b) fifty U.S. dollars (US$50). The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Lifewrite and you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to 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 those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at support@lifewrite.ai

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