Writing Analytics
We (Bitcrush Ltd) operate the Writing Analytics service. We hope you love it as much as we love creating it. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.
This document is an adaptation of the Automattic Terms of Service. The original work has been modified with permission under the Creative Commons Sharealike license.
You’re welcome to adapt and use this document for your own needs. If you make an improvement, we’d appreciate it if you would let us know so we can consider improving our own document.
These Terms govern your access to and use of WritingAnalytics.co as well as all content, products and services by Bitcrush at or through these websites (collectively, “Services”). Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Bitcrush’s Privacy Policy). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a Writing Analytics account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don't worry – if you aren't interested in learning more, you can opt out of the marketing communication, whether it's an email, phone call, or text message.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, Writing Analytics or our other Services. For example:
a. Fees for Paid Services. Some of our Services are offered for a fee, such as the Writing Analytics App (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee or recurring fees. For recurring fees, we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time by contacting us at support@writinganalytics.co.
b. Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
c. Payment. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
d. Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a Writing Analytics annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date by visiting your Account page. For more information about how Writing Analytics subscriptions work, please see our Manage Subscriptions, Renewals & Cancellations support page.
e. Cancelling Automatic Renewal. You can manage and cancel your Paid Services at your Account page or via a support request using your account email address. Any other emails or phone requests to cancel Your account will not be considered a cancellation.
f. Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
g. Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
You represent and warrant that your use of our Services:
The Agreement does not transfer from Bitcrush to you any Bitcrush or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Bitcrush. Bitcrush, Writing Analytics logo, and all other trademarks, service marks, graphics, and logos used in connection with Writing Analytics or our Services, are trademarks or registered trademarks of Bitcrush or licensors of Bitcrush. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Bitcrush or third party trademarks.
You agree that this Agreement and the Privacy Policy do not create any employment, agency, partnership, or joint venture relationship between you and Bitcrush.
You acknowledge and agree that the Service may change from time to time without prior notice to You. Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions. Bitcrush shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Bitcrush, or by the posting by Bitcrush of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate the Agreement or your Writing Analytics account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Services are provided “as is.” Bitcrush and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Bitcrush, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
The information presented on or through the Websites and/or Service is made available solely for general information purposes. Bitcrush does not warrant the accuracy, completeness or usefulness of any such information. Any reliance you place on such information is strictly at your own risk.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of England and Wales. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the courts of England and Wales.
In no event will Bitcrush, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Bitcrush under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Bitcrush shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Bitcrush, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement and Content that you post.
The Agreement constitutes the entire agreement between Bitcrush and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Bitcrush may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.