Terms of Service Draft

1. The agreement

These Terms of Service (the “Terms”) are an agreement between [LEGAL ENTITY NAME], a [JURISDICTION] [ENTITY TYPE] with its principal address at [ADDRESS] (“WriteStuff”, “we”, “us”) and the person or organization that creates a workspace or uses the service (“Customer”, “you”). If you accept these Terms on behalf of an organization, you confirm you have authority to bind it.

Our Privacy Policy explains how we handle personal data. Business customers may also enter into our Data Processing Addendum, which forms part of these Terms when signed or accepted.

2. The service

WriteStuff provides tools to plan, write, review, approve and export structured content, including templates, workflows, comments, revision history, exports, a REST API, webhooks and an importer for content held in third-party tools. We may improve, change or remove features over time. We'll give reasonable notice before removing a feature that is material to paid plans.

3. Accounts and workspaces

• You must give accurate account information and keep your sign-in credentials secure. Tell us promptly at [SECURITY CONTACT EMAIL] if you suspect unauthorized access.
• Workspace owners and admins control membership, roles and project access, and are responsible for the activity of the people they invite.
• You must be at least 16 years old, or the age of digital consent where you live if that is higher, to use WriteStuff. [CONFIRM MINIMUM AGE WITH COUNSEL]

4. Your content

You keep all rights to the content, files and data you or your team put into WriteStuff (“Customer Content”). You grant us a limited, worldwide licence to host, copy, process, transmit and display Customer Content only as needed to provide, secure and support the service, and as you direct (for example, when you export content or configure a webhook).

You are responsible for having the rights to the Customer Content you upload or import, including content imported from another service using your own credentials. We do not use Customer Content to train machine-learning models.

5. Acceptable use

You agree not to, and not to let anyone else:

• access or try to access another customer's workspace or data, or probe, scan or test the service's security without our written permission;
• upload malware, or use the service to send spam or to host unlawful, infringing, harassing or deceptive content;
• overload or disrupt the service, get around rate limits or plan limits, or reverse engineer it except where the law allows;
• resell or white-label the service without a written agreement with us.

We may suspend access that breaches this section or puts the service or other customers at risk. Where practical, we'll tell you first.

6. Third-party services and the importer

The importer and integrations connect to third-party services using credentials you provide. We only take the actions needed for the feature you request; the importer only reads data from the source service. Your use of third-party services stays subject to their terms. WriteStuff is independent and not affiliated with or endorsed by the providers of those services.

7. Plans, trials and billing

• New workspaces get a free 14-day trial. When it ends, you need a paid plan to keep editing. You can still read and export.
• Paid plans are billed in advance, monthly or annually, through our payment processor, at the prices shown on our pricing page when you subscribe. Prices exclude taxes unless stated.
• Plans include a set number of seats. Members and pending invitations count towards that limit.
• If a payment fails, the workspace keeps full access for 7 days. After that it becomes read-only until payment is made.
• We'll give at least [30] days' notice of price changes. They apply from your next renewal.
• Fees are non-refundable except where required by law or stated otherwise in writing. [CONFIRM REFUND POLICY]

8. Cancellation, termination and export

You can cancel any time from your billing settings; cancellation takes effect at the end of the current billing period. We may terminate these Terms for material breach not cured within [30] days of notice, or immediately where the law requires.

You can export your Customer Content at any time, including while your workspace is read-only. After a workspace is closed, we keep Customer Content for [30] days so you can export it, then delete it from active systems. Backups are overwritten within [BACKUP RETENTION PERIOD].

9. Security and availability

We use reasonable technical and organizational measures to protect Customer Content, as described in the Privacy Policy and DPA. We aim for high availability but don't promise the service will be uninterrupted or error-free. [SERVICE LEVEL COMMITMENTS, IF ANY]

10. Disclaimers

Except as expressly stated in these Terms, the service is provided “as is” and “as available”. To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. [COUNSEL TO REVIEW FOR CONSUMER-LAW CARVE-OUTS]

11. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue. Each party's total liability under these Terms is limited to the amounts you paid WriteStuff in the [12] months before the claim. [CARVE-OUTS AND CAP TO BE CONFIRMED BY COUNSEL]

12. Indemnity

[INDEMNITY TERMS TO BE DRAFTED BY COUNSEL, covering third-party claims arising from Customer Content or misuse of the service.]

13. General

• Governing law and venue: [GOVERNING LAW / VENUE].
• We may update these Terms. We'll give at least [30] days' notice of material changes by email or in the product. Continuing to use the service after that means you accept the change.
• Neither party may assign these Terms without the other's consent, except as part of a merger or sale of substantially all assets.
• If any provision is unenforceable, the rest of these Terms remain in effect.
• Contact: [LEGAL CONTACT EMAIL].