Terms of Use
Please read the following carefully before installing and/or using the software. By clicking “I
agree” or “accept” (or other similar button), or by otherwise accessing and/or using any part of the
service (defined below), you acknowledge that you have read, understood, and agreed to be bound by
all the terms and conditions of this end user license agreement (the "Agreement" ),
the date of such occurrence being the "Effective date".
This agreement constitutes a binding agreement between you and Ibranext Technologies ltd
(“Ibranext” , “writetone”, "We”,
“us” or “our”), and governs your access and use of the software
and services, as well as any future software or services.
If you are entering into this agreement on behalf of an entity, you represent that you have the
right, authority, and capacity to bind such entity to this agreement and in such case all references
to “you” hereinafter shall mean such entity.
If you do not agree with any of the terms and conditions of this agreement, please do not download,
install or use the service. By accessing, installing, downloading or using our website, services
and/or software, you confirm that you are at least 18 years old (or if you are younger than 17 years
old, inclusive, that you are accessing, installing, downloading or using our website, services
and/or software only with the approval of your parent or guardian and, if applicable, with the
supervision of a teacher, educator or equivalent), that you are legally able to enter into this
agreement, and that you have read, understand and agree to be bound by this agreement.
Notwithstanding anything to the contrary, to the extent that consumer protection or local laws or
regulations grant you mandatory or statutory rights, this agreement shall only limit such rights to
the maximum extent permitted by such laws or regulations.
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Definitions
The following capitalized terms have the meanings set forth below:
- "Intellectual Property Rights" means any and all rights, titles, and
interests (under any jurisdiction or treaty, whether protectable or not, whether
registered or unregistered, and whether vested, contingent, or future) in and to
inventions, discoveries, works of authorship, designs, software, technical information,
databases, know-how, mask works, methods, technology, and other intellectual property,
and includes but is not limited to patents, copyrights and similar authorship rights,
moral (and similar personal) rights, mask work rights, data and database rights, trade
secret rights and similar rights in confidential information and other non-public
information, design rights, trademark, service mark, trade name, trade dress and similar
branding rights, as well as: (i) all applications, registrations, renewals,
reexaminations, extensions, continuations, continuations-in-part, provisionals,
substitutions, divisions or reissues of or for the foregoing; and (ii) all goodwill
associated with the foregoing.
- "Law" means any federal, state, foreign, regional or local statute,
regulation, ordinance, or rule of any jurisdiction.
- "License Scope" means any Service usage and/or consumption limitations
and parameters (for example, as to volume of users, location, features, duration, etc.)
set forth in the Software registration page.
- "Subscription Plan" means any written or electronic order form
selected (online or by other means) by you by clicking and/or execution, as applicable,
for the provision of the applicable license granted under this Agreement.
- "Service" means the services provided by the Software including,
without limitation, a writing assistant Software and the document summarization Software
("Summarization Service").
- "Software" means Writetone’s Chrome extension known as Writetone,
including all software’s features and interfaces.
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License
- General. Subject to the terms and conditions of this Agreement, during the Term
(defined below), Writetone grants you a personal, limited, revocable, non-exclusive,
non-sublicensable, non-assignable, non-transferable license
(“License”), to: (i) download, install and use the Software on your
computer, tablet, smartphone (“Device”) that you own or control; and
(ii) access and use the Software on that Device in accordance with this Agreement and
any applicable Usage Rules (defined below); solely for your own personal purposes.
- Restrictions. You agree not to, and shall not permit any third party to: (i)
sublicense, redistribute, sell, lease, lend or rent the Software; (ii) make the Software
available over a network where it could be used by multiple devices owned or operated by
different people at the same time; (iii) disassemble, reverse engineer, decompile,
decrypt, or attempt to derive the source code of, the Software; (iv) copy (except for
back-up purposes), modify, improve, or create derivative works of the Software or any
part thereof; (v) circumvent, disable or otherwise interfere with security-related
features of the Software or features that prevent or restrict use or copying of any
content or that enforce limitations on use of the Software; (vi) remove, alter or
obscure any proprietary notice or identification, including copyright, trademark, patent
or other notices, contained in or displayed on or via the Software; (vii) use any
communications systems provided by the Software to send unauthorized and/or unsolicited
commercial communications; (viii) use the Writetone name, logo or trademarks without our
prior written consent; and/or (ix) use the Software to violate any applicable laws,
rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate
purpose, or in any manner that breaches this Agreement.
- Additional software. Writetone may offer you additional software, including certain
interfaces, for download (“Additional software”). Subject to the other
terms and conditions of this Agreement, you may install and use Additional software on
Devices controlled by you, solely in conjunction with your authorized use of the
Services. Upon expiration or termination of this Agreement for any reason, you shall
cease any further use of the Additional software and shall promptly destroy all copies
thereof in your possession. Certain Services or Software (including Additional software)
may be subject to additional limitations, restrictions, terms and/or conditions specific
to such Services or Software (“Specific Terms”). In such cases, the
applicable Specific Terms will be made available to you and your access to and use of
the relevant Services or Software will be contingent upon your acceptance of and
compliance with such Specific Terms.
- Hosting. The Service will be hosted by one or more third party hosting services
providers or systems selected by Writetone at its discretion and from time to time
("Hosting Provider"). The availability of the Service will be subject
to the terms and uptime commitments offered by each such Hosting Provider.
- Writetone uses YouTube application programming interface (“API”)
services to collect and process the captions of YouTube’s videos, as requested by you.
When you request Writetone to retrieve videos from YouTube, you agree to be bounded by
YouTube's Terms of Service (https://www.youtube.com/t/terms).
Google’s privacy policy is available here: http://www.google.com/policies/privacy
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Account
In order to access the Service, you may be required to set up an account by submitting the
information requested in the applicable form or interface ("Account"). You represent and warrant
that all information submitted during the set up process is, and will thereafter remain,
complete and accurate.
As between Writetone and you, you alone shall be responsible and liable for maintaining the
confidentiality and security of the Account credentials, as well as for all activities that
occur under or in such Account.
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Usages rules
In order to have access to the Software you must download it from Google Chrome (“Distributor”),
please be aware that the Distributor may have established usage rules which also govern your use
of the Software (“Usage Rules”). You acknowledge that, prior to downloading the Software from a
Distributor, you have had the opportunity to review and understand, and will comply with, its
Usage Rules.
The Usage Rules that are applicable to your use of the Software are incorporated into this
Agreement by this reference. You represent that you are not prohibited by any applicable Usage
Rules and/or applicable law from using the Software; if you are unable to make such a
representation you are prohibited from installing and/or using the Software.
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Intellectual property rights
- Ownership. The Software is licensed as explained above and not sold to you under this
Agreement and you acknowledge that Writetone and its licensors retain all title,
ownership rights and Intellectual Property Rights in and to the Software. We reserve all
rights not expressly granted herein to the Software.
- Writetone Content. Except for the User Content (as defined in clause 5.3 below) the:
(i) content on the Software, including, without limitation, the text, information,
documents, descriptions, products, software, graphics, photos, sounds, videos,
interactive features, and services (the “Materials”), (ii) the
trademarks, service marks and logos contained therein (“Marks”, and
together with the Materials, the “Writetone Content”), are the property
of Writetone and/or its licensors and may be protected by applicable copyright or other
intellectual property laws and treaties. “Writetone”, and the Writetone
logo are Marks of Writetone and its affiliates.
- User Content and Use Derived Content. You are solely responsible for all interactions,
text, documents or other content or information uploaded, entered or otherwise
transmitted by you in connection with your use of the Services and/or Software
(“User Content”) and the User Derived Content (as defined below).User
Content and/or User Derived Content may include, among other things, mistakes, typos,
wording, and text contained in the content or information transmitted by you. To the
maximum extent permitted by law, Writetone shall have no liability to you with respect
to the User Content and or the User Derived Content, including, without limitation,
liability with respect to: (i) any information(including your confidential information)
contained in or apparent from any User Content and/or the User Derived Content; and/or
(ii) any copy right infringement claim or another infringement claim by a third party in
relation to or in connection with the User Content and/or the User Derived Content. You
warrant, represent and covenant that: (i) you own or have a valid and enforceable
license and all the necessary rights to use, submit or transmit all User Content and use
the Service and the Software; (ii) that no User Content or User Derived Content (as
defined below) infringes, misappropriates or violates or will infringe, misappropriate
or violate, the rights (including, without limitation, any copyrights or other
intellectual property rights) of any person or entity or any applicable law, rule or
regulation of any government authority of competent jurisdiction; (iii) all summaries,
content or text derived or extracted from the User Content using the Summarization
Service and/or Software (“User Derived Content”) shall be used by the
User for personal use only; and (iv) the User shall not disseminate or distribute the
User Content or User Derived Content in breach of any applicable law or third party's
intellectual property rights or other rights. You acknowledge that the Services and the
Software do not operate as an archive or file storage service. You are solely
responsible for the backup of User Content and other safeguards appropriate for your
needs. You retain all right, title, and interest in and to your User Content. To the
maximum extent permitted by law, by uploading or entering any User Content, you give
Writetone (and those it works with) a nonexclusive, worldwide, royalty-free and
fully-paid, transferable and sub-licensable, perpetual, and irrevocable license to copy,
store and use your User Content in order to (i) provide the Software and Services; (ii)
administer and make improvements to the Software and Services (including, to improve the
algorithms underlying the Software and the Services); and (iii) collect and analyze
anonymous information. To the extent that User Content contains any third party data,
you hereby warrant to have obtained all required consents from such third party to allow
Writetone to use the User Content as set forth above.
- Feedback. If Writetone receives any feedback (e.g., questions, comments, suggestions or
the like) regarding any of the Services and/or Software
(collectively, “Feedback”), all rights, including Intellectual Property
Rights in such Feedback shall belong exclusively to Writetone and that such shall be
considered Writetone's Confidential Information. You hereby irrevocably, fully and
unconditionally transfer and assign to Writetone all Intellectual Property Rights and
remaining rights you have in such Feedback, without any further step or payment being
necessary, and waive any and all moral rights you may have in respect thereto, and the
right to assert or take legal action in connection with such rights. It is further
understood that use of Feedback, if any, may be made by Writetone at its sole
discretion, and that Writetone in no way shall be obliged to make use of any kind of the
Feedback or part thereof.
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Subscription fees and trial period
- Paid Accounts. You can upgrade your free account to access paid features, which will
automatically convert your free account into a 'paid account'. Your paid account will
remain effective until it is cancelled or terminated under this Agreement, in which case
your account will revert back to a free account. When you upgrade to a free account, we
will automatically bill you from the date you converted your account to a paid account
and on each periodic renewal (whether it be monthly or annually). If you cancel your
paid account, the cancellation will take effect the day after the last day of the
current subscription period, and you will be downgraded to the free version of the
Service. We do not provide refunds or credits for any partial subscription periods. You
are responsible for all applicable taxes, and we will charge tax when required. We may
change the fees applicable to a paid account but will give you advance notice before
those changes take effect and any price change will apply to your next billing cycle.
You can cancel your paid account at any time via your account page in the Software or
Website.
- Automatic Billing Cycles. To ensure uninterrupted services, all subscriptions to
Writetone (including all paid accounts) are renewed automatically using the credit card
we have on file. All of our subscriptions are renewed at the standard subscription rate
when the current subscription term ends. If you don't cancel your Subscription, you
authorize IBRANEXT TECHNOLOGIES to automatically charge you the agreed price each month
until you cancel the Subscription.
- Renewal and Cancellation. Your applicable payment to IBRANEXT TECHNOLOGIES will
automatically renew at the end of the applicable Subscription period, unless you cancel
your Subscription before the end of the then-current Subscription period. You may cancel
your Subscription at anytime via your account page in the Software or Website. The
cancellation will take effect the day after the last day of the current Subscription
period, and you will be downgraded to the free version of the Service. We do not provide
refunds or credits for any partial subscription periods.
- Subscription Fees. In consideration for the Services, you will have to pay the
applicable, non-refundable subscription fees set forth in the Subscription Plan
(“Subscription Fees”) at such times and for such periods as set forth
therein. Your payment may be processed through a third party payment processing service,
and additional terms may apply to such payments. We reserve the right to use other third
party payment processing services for such purposes in the future. Unless otherwise
stated in the Subscription Plan, all amounts payable under this Agreement are
non-refundable, non-cancellable, and exclusive of all sales, use, value-added,
withholding, and other direct or indirect taxes, charges, levies and duties. For all
versions of the Services, we reserve the right in the future to charge a fee for
features and/or uses which are currently made available free of charge. Any failure to
pay applicable charges may result in you not having access to some or all of the
Services.
- trial period. Writetone may offer a free trial period for evaluation purposes during
the applicable trial period (“Trial Period”) prior to charging for the
subscription fees. Notwithstanding anything to the contrary in this agreement, to the
maximum permitted by law writetone and writetone affiliates will have no warranty,
indemnity, support, or other obligations or liabilities whatsoever, with respect to
trial periods, and writetone has the right to terminate a trial period at any time and
for any reason.
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Privacy
Our privacy policy is available on our website ("Privacy Policy").
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Third party components
The Software may use or include third party open source software, files, libraries or components
that may be distributed to you and are subject to third party open source license terms. If
there is a conflict between any open source license and the terms of this Agreement, then the
open source license terms shall prevail but solely in connection with the related third party
open source software. To the maximum extent permitted by law, Writetone makes no warranty or
indemnity hereunder with respect to any third party open source software.
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Disclaimers
- to the maximum extent permitted by law, you acknowledge that the service, the writetone
content, and any other goods and/or services provided or made available by writetone
hereunder or related thereto (collectively, the "Writetone materials" )
are provided on an "As is" and "As available" basis, with all faults, and without any
representation, warranty, guarantee, or condition of any kind whatsoever, whether
express, implied or statutory, including without limitation any implied warranties or
conditions of merchantability, satisfactory quality or arising from a course of dealing,
law, usage, or regarding security, fitness for a particular purpose, quiet possession,
non-infringement, title, quiet enjoyment, reliability, or that otherwise arise from a
course of performance or dealing, or usage of trade, all of which are hereby disclaimed
by writetone, its suppliers, and licensors.
- to the maximum exten bt permitted by law, writetone and its licensors do not make any
representation, warranty, guarantee or condition: (a) regarding the effectiveness,
usefulness, reliability, timeliness, completeness, or quality of writetone materials,
the services or the software; (b) that your use of writetone materials, the services or
the software will be uninterrupted, secure or error-free; (c) regarding the operation of
any networks, the passing or transmission of data via any networks or the cloud, or any
other cellular ordata connectivity problems; or (d) regarding the satisfaction of, or
compliance with, any laws, regulations, or other government or industry rules or
standards. We do not warrant that the content available on, or generated by, the
software or the service is accurate, complete, reliable, current, error-free and/or that
the service or the software is free of viruses or other harmful code. We reserve the
right to make changes in or to the content, the software and/or the services, or any
part thereof, without giving you any notice prior to or after making such changes.
Writetone will not be liable or obligated in respect of delays, interruptions, service
failures or other problems inherent in use of the internet and electronic communications
or for issues related to public networks or hosting providers.
- you are advised not to rely in any way on the correct functioning or performance of the
extension. You assume all risks and all costs associated with the use of the software or
service. You agree that we will not be held responsible for any consequences to you or
any third party that may result from your use of the services and/or for any technical
problems including without limitation in connection with the internet (such as slow
connections, traffic congestion or overload of our or other servers) or any
telecommunications or internet providers.
- Applicable law may not allow the exclusion of certain warranties, so to that extent
such exclusions may not apply.
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Limitation of liability
Notwithstanding anything to the contrary and to the fullest extent permissible by law, in no
event shall either party, its affiliates, or any licensor or supplier of writetone, be liable
under, or otherwise in connection with, this agreement, for: (a) any consequential, indirect,
special, incidental, or punitive damages; (b) any loss of profits, loss of business, loss of
revenue, loss of anticipated savings, or wasted expenditure; (c) any loss of, or damage or
interruption to, data, networks, information systems, reputation, or goodwill; and/or (d) the
cost of procuring any substitute goods or services. To the maximum extent permited by law, the
combined aggregate liability of writetone and its affiliates under, or otherwise in connection
with, this agreement, the software and the service shall not exceed the amount actually paid (if
any) by you to writetone under this agreement in the three (3) month period immediately
preceding the date giving rise to liability. The foregoing exclusions and limitation shall
apply: (a) to the maximum extent permitted by applicable law; (b) even if a party has been
advised, or should have been aware, of the possibility of losses, damages, or costs; (c) even if
any remedy in this agreement fails of its essential purpose; and (d) regardless of the theory or
basis of liability, and whether in contract, tort (including without limitation for negligence
or breach of statutory suty), misrepresentation, restitution,or otherwise.
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Confidentiality
You may have access to certain non-public or proprietary information and materials of Writetone
and/or its Affiliates, whether in tangible or intangible form ("Confidential Information"). You
shall take commercially reasonable measures to protect the Writetone’s Confidential Information
within your possession or control, from misuse or disclosure to a third party. You shall use the
Writetone's Confidential Information solely for the purposes of performing under this Agreement.
In the event that you are required to disclose Confidential Information of Writetone pursuant to
any Law, regulation, or governmental or judicial order, you will (a) promptly notify Writetone
in writing of such Law, regulation or order, (b) reasonably cooperate with Writetone in opposing
such disclosure, (c) only disclose to the extent required by such Law, regulation or order (as
the case may be).
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Indemnity
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless
Writetone and our affiliates, and our respective officers, directors, employees and agents, from
and against any and all claims, damages, obligations, losses, liabilities, costs and expenses
(including but not limited to attorney’s fees) arising from: (i) your use of, or inability to
use, theSoftware (ii) your violation of this Agreement; (iii) your violation of any third party
right, including without limitation any copyright, property, or privacy right; and (iv) a third
party claim relating to or in connection with the UserContent and/or the User Derived Content
(including but not limited to a claim for copyright infringement or related to intellectual
property or proprietary rights). Without derogating from or excusing your obligations under this
section, we reserve the right (at your own expense), but are not under any obligation, to assume
the exclusive defense and control of any matter which is subject to an indemnification by you if
you choose not to defend or settle it. You agree not to settle any matter subject to an
indemnification by you without first obtaining our express approval.
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Export laws
You agree to comply fully with all applicable export laws and regulations to ensure that neither
the Software and/or the Services nor any technical data related thereto are exported or
re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such
laws and regulations.
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Updates and upgrades
We may from time to time and our discretion provide updates or upgrades to the Software and/or
the Services (each a “Revision”), but are not under any obligation to do so. Such Revisions will
be supplied according to our then-current policies, which may include automatic updating or
upgrading without any additional notice to you. You consent to any such automatic updating or
upgrading of the Software. All references herein to the Software shall include Revisions. This
Agreement shall govern any Revisions that replace or supplement the original Software, unless
the Revision is accompanied by a separate license agreement which will govern the Revision.
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Term and termination
- This Agreement is effective until terminated by Writetone or you. We reserve the right,
at any time, to: (i) discontinue or modify any aspect of the Software and/or the
Services; and/or (ii) terminate this Agreement and your use of the Software and/or the
Services, if you engage in any conduct or activities that we determine, in our sole
discretion, violate this Agreement or the rights of Writetone or any third party, or is
otherwise inappropriate, and, to the maximum extent permitted by law, Writetone shall
not be liable to you or any third party for any of the foregoing. If you object to any
term or condition of this Agreement or any subsequent modifications thereto, or become
dissatisfied with the Software in any way, your only recourse is to immediately
discontinue use of the Software. Unless otherwise stated in the Subscription Plan or
required under applicable law, termination shall not give rise to any refund.
- Upon termination of this Agreement, you shall cease all use of the Software. This
Section 15 and Sections 10 to 14, 19 and 20 shall survive termination of this Agreement.
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Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or
assigned by you but may be assigned by Writetone without restriction or notification.
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Modification
To the maximum extent permitted by law, Writetone reserves the right at any time to: (i) change
any information, specifications, features or functions of the Services and/or Software,
including any Trial Period, (ii) suspend or discontinue, temporarily or permanently, any or all
of the Services or Trial Period, including the availability of any feature, database or content,
or (iii) impose limits on certain features and Services or restrict access to parts or all of
the Services, including any Trial Period, in each case with or without prior notice and without
any liability to you or any third party. Writetone may from time to time update or revise this
Agreement. If Writetone updates or revises this Agreement, Writetone will post the updated or
revised Agreement on the website or by any other manner chosen by Writetone in its commercially
reasonable discretion. Such change will be effective thirty (30) days following the foregoing
notification thereof, and your continued use of the Software and/or Services thereafter means
that you accept those changes to the Agreement as updated or revised. You can view the most
current End User License Agreement on our website. It is your responsibility to review the
Agreement periodically and we encourage you to do so.
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Governing law and disputes
Notwithstanding anything to the contrary and to the fullest extent permissible by law, this
Agreement shall be governed by and construed in accordance with the laws of the State of Israel
without regard to its conflict of laws rules. You agree to submit to the personal and exclusive
jurisdiction of the courts located in Tel Aviv-Yafo, and waive any jurisdictional, venue, or
inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek
injunctive relief in any court worldwide of competent jurisdiction.
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General
This Agreement, and any other legal notices published by us in connection with the Software,
shall constitute the entire agreement between you and Writetone concerning the Software. In the
event of a conflict between this Agreement and any of the foregoing, the terms of this Agreement
shall prevail. . If any provision of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and effect. No waiver of any term
of this Agreement shall be deemed a further or continuing waiver of such term or any other term,
and a party’s failure to assert any right or provision under this Agreement shall not constitute
a waiver of such right or provision.
Last updated: April, 2023