Terms of Service
Last Updated: February 29, 2024
Acceptance of the Terms of Service
These terms of use are entered into by and between you (“you“ or “your”) and Writeway Technologies Ltd. (“we,” “us” or “our”). The following terms and conditions (collectively, the “Terms”), govern your access to and use of our products, functionality and services, including without limitation, the Writeway Journaling App (collectively, “Service”), whether as a guest or a registered user. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By accessing, vieweing, or using the Services, you are legally bound by these Terms. If you do not agree to be bound by these terms, exit the Services immediately.
Changes to the Terms of Service
We may revise and update these Terms from time to time in our sole discretion. Changes may arise for a variety of reasons, including to reflect changes in the law, new features, changing business practices, or learning a better way to provide the Services. The most recent version of the Terms will be posted on our website https://www.writeway.com (the "Website"). All changes are effective immediately. The most recent version is the version that applies. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. If the changes contain any material changes that affect your rights or responsibilities, we will notify you in advance of the change by reasonable means. This could include a direct notification through the Service, or by an email. If you continue to use the Service after we make the changes, then you agree to those changes.
Creating an Account
In order to utilize the full functionality of the Service, you will need to register with an account (the "Account"). To create an account, you must be at least 14 years of age and legally permitted to use the Service in your home country. You must also be a natural person. We cannot let non-human entities use the Services. You are also agreeing not to use anyone else's account.
If you do not create an Account, certain features and functions of the Service may not be open to you.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. Sharing of your login information is prohibited. You accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We’re pretty excited about what we’ve built and how people are going to use it. However, if at any time you decide that you no longer wish to have an Account, you can delete your Account by going to your profile settings and selecting “delete your account”. Your account will be deleted immediately, but it might take a little while for Your Content to be removed from the Service.
Suspension of Accounts
We want to ensure that all of our users have a genuine and positive experience while using our Service. In order to do that, we reserve the right to terminate or suspend your Account at our sole discretion. This means that we don’t need any reason to revoke your access to the Services. We’re also a tech company, which means that we might have ways of determining whether you’re breaching these Terms. You’re agreeing to allow us to do everything that we are legally allowed to do to both ensure that you are complying with these Terms, and to prevent you from using our Services, at any time and without notice to you. This includes blocking specific IP addresses.
Content
For purposes of these Terms: (i) “Writeway Content” means text, content, graphics, images, music, user interfaces, software, machine learning models, audio, video, works of authorship of any kind, trademarks, unique gestures, logos, and information or other materials that are posted, generated, provided or otherwise made available through the Service that we created or have a license to use, and includes anything with in the Service that is not User Content; and (ii) “User Content” means any content that you provide to be made available through the Service, such as journal entries and photographs uploaded by you. Collectively, Writeway Content, and User Content are referred to as “Content.”
Content Ownership: Writeway exclusively own all right, title and interest in and to the Service and Writeway Content, including all associated intellectual property rights. You acknowledge that the Service and Writeway Content are protected by Canadian and international copyright, and other intellectual property laws and treaty provisions. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Writeway Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
Rights in User Content Granted by You: By making any User Content available through the Service, you hereby grant to Writeway a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, edit, remix, modify, adapt, reformate, create derivative works from, incorporate into other works, publicly display, publicly perform, publish, and distribute your User Content solely in connection with operating and providing the Service and Writeway Content to you. Notwithstanding the foregoing, we will never publish or sell your journal User Content, and this license does not give us the right to publish or sell your journal User Content.
Writeway needs this license because you own your User Content, and we may only display it across our various surfaces (i.e, mobile, web) with your permission.
No compensation or obligation will be due or payable to you in connection with Writeway’s exercise of its right under this license granted. You also waive all “moral rights” to any User Content that you submit. The rights granted under this license may be freely assigned or sublicensed by us to any party.
Rights in Writeway Content Granted By Us:We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Writeway Content only in connection with the provision of the Service, and without the right to sublicense, under the following conditions:
you shall not use, sell, modify, or distribute Writeway Content except as permitted by the functionality of the Service;
you shall not use our name in metatags, keywords and/or hidden text;
you shall not create derivative works from Writeway Content or commercially exploit Writeway Content, in whole or in part, in any way; and
you shall use Writeway Content for lawful purposes only.
We reserve all other rights.
Your Responsibility for User Content: You are solely responsible for your User Content. You represent and warrant that you own your User Content. You also represent and warrant that neither your User Content, nor your User Content to be made available through the Service, nor any use of your User Content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation or violate any agreement you have with any third party.
Restrictions on Your Use of the Service
You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our express written permission to do so:
post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
use the Service for commercial activities;
duplicate, decompile, reverse engineer, replicate, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's access to or use of the Service or use any device, software or routine that causes the same;
access or use the Services in any manner, including in regards to data storage, in excess of any fair usage limits as determined by Writeway in its sole discretion;
attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same;
introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
use the Service for illegal, harassing, unethical, or disruptive purposes, including without limitation, the delivery of "junk" mail or "spam";
violate any applicable law or regulation in connection with your access to or use of the Service; or
access or use the Service in any way not expressly permitted by these Terms.
Privacy
For information on how Writeway collects, uses, and shares your personal information, please review our Privacy Policy. By using the Service, you agree that we can use personal information provided by you in accordance with the terms of our Privacy Policy.
Premium Services; Third Party App Stores and Payments
The Service may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google (PlayStore), Facebook, X, etc. (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the Service. By using the Services, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.) for which you seek integration in order to access or use the Service.
We may make certain products or aspects of the Service available to users in consideration for a subscription fee or other fees (“Premium Services”), including the ability to purchase additional premium journal notebooks (“In-App Products”). If you choose to use Premium Services or purchase In-App Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference.
You may purchase Premium Services and In-App Products through the following payment methods (each, a “Premium Payment Method”): (a) making a purchase through the Apple App Store ®, Google Play, Steam Store, or other mobile or web application platforms or storefronts authorized by us (each, a “Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third party processor. Once you have requested a Premium Service or In-App Product, you authorize us to charge your chosen Premium Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Premium Payment Method at any time, you can do so via the payment settings option under your profile. Your subscription to any Premium Services will automatically renew until you decide to cancel in accordance with such terms. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
If you choose to make purchase Premium Services or In-App Products, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, Steam etc.) (“your Platform Account”), and your Platform Account will be charged for the Premium Service and/or In-App Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Platform Account (e.g., Android, Apple, Steam, etc.). Premium Services and In-App Products may include one-time purchases as well as time-based subscriptions (e.g., a one-week subscription, one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features. At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. Please note that for Premium Services and In-App Products made on a subscription basis, your subscription will automatically renew for the same subscription period as you initially purchased (e.g., if you made an In-App Product for a six-month subscription, your subscription will be automatically renewed for an additional six-months). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of your Platform Account and the terms and conditions of any applicable Third Party Store. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to you.
Please note that for Premium Services and In-App Products you will be billed continuously for the subscription or service until you cancel in accordance with your Platform Account’s or your Premium Payment Method’s terms. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through your Mobile Platform Account or Third Party Stores. Further, Writeway does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premium Services or In-App Products) do not imply our or any of our affiliates' endorsement of such products or services. Moreover, Writeway and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the Service because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the applicable third party payment processors, Third Party Store or your Platform Account before you make any In-App Product or Premium Service purchases.
Push Notifications
We may provide you with emails, text messages, push notifications, alerts and other messages related to the Service, such as enhancements, offers, products, events, and other promotions. After accessing the Service, you may be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Service, you may opt out by changing your notification settings on your device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at unsubscribe@writeway.com.
Disclaimer and Limitation of Liability
IT IS OUR HOPE THAT THE SERVICE WILL MAKE YOUR LIFE BETTER. BUT, THERE ARE CERTAIN THINGS THAT WE DO NOT PROMISE ABOUT THE SERVICE:
THE SERVICE AND WRITEWAY CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
IF THE APPLICABLE LAW DOES NOT PERMIT THE FOREGOING EXPRESS EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY THE APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, OR THAT YOUR USE OF THE SERVICE OR WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE SERVICE OR WEBSITE, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE.
WRITEWAY, AND ANY OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, PROFIT OR GOODWILL, INCOME, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, WEBSITE, OUR WRITEWAY CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED WITH THE SERVICE, YOUR ONLY REMEDY IS TO STOP YOUR USE OF THE SERVICE OR THE WEBSITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICE OR WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You are responsible for taking all necessary precautions to ensure that any material you may obtain from us is free of viruses or other harmful components. You accept that the SERVICE will not be provided uninterrupted or error free, that defects may not be corrected or that WRITEWAY, or the server that makes the SERVICE available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. WRITEWAY is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
THE LIMITATIONS ON LIABILITY IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF OUR AGREEMENT AND REFLECT A FAIR ALLOCATION OF THE RISK BETWEEN YOU AND US. THE SERVICE AND WEBSITE WOULD NOT BE PROVIDED TO YOU FOR USE WITHOUT SUCH LIMITATIONS IN PLACE, AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
Feedback
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of Writeway, and we may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim.
Termination
You may discontinue using the Services at any time, for any reason.
Upon termination, you will have no further right to access or use the Service, and any rights and licenses granted to you under these Terms will terminate. Termination or other discontinuation of your use of the Service will not relieve you of any obligations arising prior to termination regarding intellectual property or confidential information, ownership, or indemnification, nor will it relieve you of any liability for any breach of these Terms.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
Indemnification
All of the Actions that you take while using the Service and Your Content that is uploaded through the Service remains your responsibility at all times. Therefore, you agree to defend, indemnify and hold harmless Writeway and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of
your use and access of the Service, by you or any person using your account and password;
a breach of these Terms;
Any negligent acts, omissions, or wilful misconduct by you;
Your violation of any law or of any rights of any third party; or
your User Content provided to the Service.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
Third Party Stores
The terms in this section apply if you downloaded an application to access the Service (the "App") from the Apple App Store®, Google Play, Steam or other application platforms or storefronts authorized by us (each, a “Third Party Store”). To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the application and the Third Party Store.
You acknowledge that:
These Terms are concluded solely between you and Writeway and not with the providers of the Third Party Store, and Writeway (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the Service which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain an App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Writeway is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Writeway.
Writeway, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Amendments
These Terms, which we may amend from time to time, constitute the entire agreement between you and Writeway. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
Governing Law
Your access to the Service and Our Content, as well as these Terms are governed and interpreted by the laws of the Province of Saskatchewan, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the Province of Saskatchewan. By using the Service, you are consenting to the exclusive jurisdiction of the courts of the Dominion of Canada and the Province of Saskatchewan. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us.
Severability
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Waiver
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
Global Reach
By using the Service, you agree and acknowledge that the Service is a global service operating through servers located in a number of countries around the world, including Canada. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the Service, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
Third Party Links
The Service may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
the availability or accuracy of such websites or resources; or
the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Contact Us
If you have any questions about our Terms of Service, please contact us at: support@writeway.com
Language
These Terms, and all correspondence and documentation relating to these Terms and your use of our Services, will be written in the English language. Vous acceptez que ces termes d’usage, ainsi que toute la correspondence et la documentation relative à ces termes d’usage, soient rédigées en langue anglaise.