Terms of Service
Introduction
Welcome to Draftr, a web application provided by Vivavox Ltd (“we”, “our”, “us”, “Vivavox”, or the “Company”). These Terms of Service (“Terms”) govern your access to and use of the Draftr application and website (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, you may not access the Service.
Definitions
- Account: Your registered profile on Draftr.
- Content: All information and materials submitted, transmitted, or displayed on the Service, including text, images, audio, and video.
- User: An individual who has registered for and uses the Service.
- Subscription: The paid access to Draftr’s premium features.
- Third-Party Services: External platforms or services that Draftr integrates with, such as email services and social media platforms.
Account Registration and Security
Registration
To use Draftr, you must create an account by providing accurate, complete, and current information. You must be at least 16 years old to create an account. By creating an account, you represent and warrant that:
- You are at least 16 years of age.
- You have the legal capacity to enter into these Terms.
- You will comply with these Terms and all applicable laws.
Account Security
You are responsible for:
- Safeguarding your account credentials.
- All activities that occur under your account.
- Notifying us immediately of any unauthorized use of your account or any other security breach.
We are not liable for any loss or damage arising from your failure to comply with these security obligations.
Service Description and License
License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or business communication purposes.
Service Features
Draftr uses artificial intelligence to:
- Analyze your communication style and preferences.
- Generate draft responses to emails and messages.
- Connect to third-party platforms for enhanced functionality.
Service Limitations
We do not guarantee that:
- The Service will meet your specific requirements.
- The Service will be uninterrupted, timely, secure, or error-free.
- The results obtained from using the Service will be accurate or reliable.
- Any errors in the Service will be corrected.
User Responsibilities and Restrictions
Acceptable Use
You agree not to:
- Use the Service for any illegal purpose or in violation of any laws.
- Violate the intellectual property rights of others.
- Transmit any material that is defamatory, harassing, or threatening.
- Attempt to access data not intended for you.
- Interfere with the proper functioning of the Service.
- Create multiple accounts to evade restrictions or limits.
Content Responsibility
You retain ownership of the content you submit to the Service. By submitting content, you grant us a worldwide, royalty-free license to use, reproduce, modify, and distribute your content solely for the purpose of providing and improving the Service.
You are solely responsible for all content that you submit, post, or transmit through the Service.
Third-Party Connections and Integrations
Authorization
By connecting third-party accounts (such as Gmail or social media platforms) to Draftr, you authorize us to access and analyze information from these accounts to provide the Service.
Third-Party Terms
Your use of third-party services through Draftr is subject to the terms and privacy policies of those services. We are not responsible for the practices of third-party services.
Subscription and Payment
Subscription Plans
We offer various subscription plans with different features and pricing. Details about our subscription plans are available on our website.
Payment Terms
- All payments are due in advance according to your chosen subscription plan.
- Subscription fees are non-refundable except as required by law or as explicitly stated in these Terms.
- You agree to provide current, complete, and accurate billing information.
- We may change subscription fees upon reasonable notice.
Subscription Renewal and Cancellation
- Subscriptions automatically renew unless canceled before the renewal date.
- You can cancel your subscription at any time through your account settings or by contacting us.
- Cancellation will take effect at the end of your current billing cycle.
Intellectual Property Rights
Our Intellectual Property
The Service, including its features, functionality, and content (excluding user-submitted content), is owned by Vivavox Ltd and is protected by copyright, trademark, and other intellectual property laws.
Feedback
If you provide feedback or suggestions about the Service, you grant us a perpetual, irrevocable, non-exclusive, royalty-free license to use and incorporate your feedback without any obligation to compensate you.
Termination
Termination by You
You may terminate your account at any time by following the instructions on the Service or by contacting us.
Termination by Us
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Effect of Termination
Upon termination:
- Your right to use the Service will immediately cease.
- We may delete your content and account information.
- Any unpaid fees will become immediately due.
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIVAVOX LTD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
- ANY CONTENT OBTAINED FROM THE SERVICE; AND
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
Indemnification
You agree to defend, indemnify, and hold harmless Vivavox Ltd, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.
Modifications to the Service and Terms
Service Modifications
We reserve the right to modify or discontinue, temporarily or permanently, the Service or any features or portions thereof without prior notice.
Terms Modifications
We may modify these Terms at any time by posting the revised terms on our website. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of such terms.
General Provisions
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Dispute Resolution
Any dispute arising from or relating to these Terms or the Service shall be resolved through:
- Informal negotiation (you agree to contact us first with any issues).
- If unresolved, through binding arbitration in accordance with the rules of the London Court of International Arbitration.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and us concerning the Service.
No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.