Terms of Service and License Agreement
Effective as of: March 10, 2022
Together with its subsidiaries and other affiliates, Fundation UG (haftungsbeschränkt), a Cologne, DE corporation (“Fundation”), makes available the “Site” (websites including, without limitation, www.pro-writer.de and all subdomains), “Software” (software and mobile applications), and “Services” (including, without limitation, writing feedback suggestions and corrections, plagiarism detection, and human proofreading services) to help people communicate more effectively. Access to and use of Fundation’s existing Site, Software and Services, as well as any future Sites, Software or Services provided by Fundation are governed by this Terms of Service and License Agreement.
This is a legally binding agreement. If you do not understand this agreement, or do not agree to be bound by it or the Privacy Policy referenced herein, you must immediately leave the site and you are not authorized to access or use any of the services or software. By accessing or using the site, services or software, you confirm that you are at least 18 years old, or that you are using the site with parental or guardian approval where applicable, that you are legally able to enter into this agreement, and that you have read, understand and agree to be bound by it.
If you are an individual subscriber, or are accessing the Site to use a Trial of the Services or Software, or are otherwise browsing the Site, this Agreement is between you, individually, and Fundation.
If you are an employee, faculty member or student of a university, school or other entity or organization that has subscribed to the Services and Software as an Enterprise Subscriber, you are an Authorized User of your Enterprise Subscriber and you represent that you have permission and authority to use the Site, Services, Software and User Content subject to this Agreement. This Agreement remains an agreement between you, individually, and Fundation, and your Enterprise Subscriber is jointly responsible for your use of the Site, Services and Software.
If you are entering into this Agreement on behalf of an Enterprise Subscriber, you represent that you have the authority to bind the Enterprise Subscriber to this Agreement. If you do not have such authority, you must not accept this Agreement and may not use the Site, Software or Services.
Arbitration Notice
This agreement contains an arbitration agreement which will, with limited exceptions, require you to submit claims you have against Fundation and its licensors and suppliers to binding and final arbitration. Under that agreement you will only be permitted to pursue claims on your own behalf, not as part of any class or representative action, and you waive your right to a jury trial.
License and Use Restrictions
In consideration for acceptance of this Agreement and payment of all applicable fees, Fundation grants the applicable subscriber or authorized user a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site, Services and Software solely for the permitted purposes described in the original agreement.
You may access and use the Site, Services and Software only in accordance with any instruction manuals, user guides and other documentation made available by Fundation.
In addition, you may not copy, modify or create derivative works based on Fundation IP; distribute, transmit, publish or disseminate Fundation IP; download or store any Fundation IP except where explicitly permitted; transfer rights under this Agreement to third parties except as expressly allowed; access the Services for the benefit of third parties; attempt to access unauthorized content or accounts; attempt to derive source code or architecture; probe or test the vulnerability of the Services; interfere with service to any user, host or network; email or transmit infringing, malicious, unsolicited, unauthorized or otherwise objectionable content; automate access through APIs, bots or scrapers; export or re-export Fundation IP unlawfully; build a competitive product using the Services; violate applicable law; impersonate another person or entity; or permit any third party to do any of the foregoing.
Offline Software and Third-Party Components
Fundation may offer certain software for download from the Site. Subject to the Agreement, you may install and use Offline Software on computers owned, leased or otherwise controlled by you solely in conjunction with your authorized use of the Services. Upon expiration or termination of the Agreement, you must cease further use and promptly destroy all copies in your possession.
Certain Services or Software may be subject to additional specific terms. Certain Services or Software may also contain or make use of software or materials from third parties, including open-source or freeware components, which may be subject to separate license terms. For convenience, Fundation makes available a list of third-party components on its website at pro-writer.de/terms/thirdpartynotices.
Registration and Security
By completing the registration process, you agree to provide accurate and complete registration information and to promptly notify Fundation of any changes. You are solely responsible for the security and proper use of all user IDs, passwords or other security devices used in connection with the Site and Services, and you must take all reasonable steps to ensure they are kept confidential and secure.
Enterprise Subscribers must ensure that the total number of Authorized Users does not exceed the number of licensed seats. Authorized Users may not transfer their seat, user name or right to use the Site, Services or Software to any third party. Enterprise Subscribers and Authorized Users are jointly responsible for Authorized User compliance.
Fees, Payment and Trial Memberships
If you register to use certain Services or Software on a trial basis, you may use them only for noncommercial evaluation purposes during the applicable trial period. Access to the Services is contingent upon payment of all applicable fees, unless you are an Authorized User whose access depends on the Enterprise Subscriber’s payment.
Fundation reserves the right to revise its fees, including by increasing or adding new fees, upon notice. Unless you cancel, subscriptions renew automatically at the then-current subscription level and fees. Free trials may be offered from time to time and may be changed in Fundation’s discretion as described in the original agreement.
Termination and Refund Policy
This Agreement continues until you cancel your subscription or it is terminated by Fundation. You may cancel at any time, although only an authorized representative of an Enterprise Subscriber may cancel the Enterprise Subscriber’s account. If you cancel after your subscription renewal date, you will not receive a refund for any amounts already charged. Your cancellation will be effective at the end of your then-current subscription period unless otherwise required by law.
Fundation may deny access to the Services or terminate your account with or without prior notice if you engage in conduct that violates the Agreement, the rights of Fundation or any third party, or is otherwise inappropriate. Upon termination, your right to use the Services and Software and to access the Site and its content will immediately cease. Provisions that by their nature should survive termination will survive.
Access to Services and Mobile Services
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to or access the Site or otherwise use the Services, including modems, hardware, software, internet service and telecommunications capacity.
The Site, Software and Services may include products and services available via mobile devices. To the extent you access the Services through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply, and not all Mobile Services may work with all carriers or devices.
User Content
“User Content” refers to text, documents, and other content and information you enter, upload, and transmit when you use the Site, Software and Services. You own the intellectual property rights in your User Content. You grant Fundation a license to your User Content for limited purposes such as operating and improving the Services, protecting them, customizing them, and developing new technologies and services.
The license is worldwide, non-exclusive, royalty-free, and lasts as long as your User Content is protected by intellectual property laws. Fundation does not own, control, verify, or endorse User Content and you remain responsible for all of it.
Changes to Services or Terms
Fundation reserves the right at any time to change information, specifications, features or functions of the Site, Services or Software; suspend or discontinue any or all of the Services; or impose limits on certain features and Services or restrict access to parts or all of the Services. Fundation may update or revise the Agreement and will notify users in the manner described in the original agreement.
If you cancel your subscription within fourteen days following notice of an update that materially affects you as described in the original agreement, Fundation will refund a prorated portion of any prepaid fees for the affected Services applicable to the cancelled portion of the prepaid term, if any.
Links, Email Consent and Privacy
Links to third-party sites are provided for convenience only and you access them at your own risk. Registration and use of the Site may constitute consent to receive certain email communications from Fundation, subject to the rules and opt-out rights described in the original agreement and applicable law.
Fundation’s information practices are further described in its privacy policy, available at this standalone Privacy Policy page and also at www.pro-writer.de/privacypolicy. The Privacy Policy is an integral part of the Agreement and is incorporated by reference.
Ownership, Indemnity and Disclaimers
All intellectual property rights in User Content remain your property. All intellectual property rights in the Software, Site, Services and other Fundation IP remain the property of Fundation and its affiliates and licensors. Feedback you provide may be used by Fundation without restriction.
You shall indemnify, release and hold harmless Fundation and related parties from claims arising out of your access to the Site, use of the Services or Software, violation of the Agreement, or infringement of third-party rights.
To the maximum extent permitted by law, Fundation, its licensors and suppliers disclaim all warranties and conditions, express or implied, regarding the Site, Services and Software, including warranties of merchantability, fitness for a particular purpose, title, noninfringement, security, quiet enjoyment, reliability, timeliness and performance. The Site, Services and Software are provided on an “as is,” “where is,” and “as available” basis.
Limitation of Liability
In no event shall Fundation be liable with respect to the Site, Services or Software for any amount in the aggregate in excess of the fees you actually paid to Fundation during the twelve months immediately preceding the event giving rise to liability, or for lost profits, lost or damaged user content or data, or indirect, incidental, punitive, special, exemplary or consequential damages. Certain states do not allow the limitation of certain damages, so some limitations may not apply to you.
Dispute Resolution by Binding Arbitration
Please read this section carefully as it affects your rights. Any and all disputes or claims that have arisen or may arise between you and Fundation, whether arising out of or relating to the Agreement, the Site, Software or Services, advertising, or any aspect of the relationship or transactions between the parties, shall be resolved exclusively through final and binding arbitration rather than a court, except that qualifying individual claims may be asserted in small claims court.
The arbitration procedures, class-action waiver, fee rules, confidentiality rules, severability terms, and future-change provisions remain as set out in the original Terms of Service text from the source application.
General Provisions
The Agreement is governed by the laws of the State of California, without regard to conflicts of law principles, and subject to the arbitration provisions described above. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect. Fundation may freely assign the Agreement in connection with events such as a merger, acquisition, bankruptcy, reorganization, or sale of assets.
This standalone page is a normalized presentation of the terms content from the original app. For the full original wording and any future updates, refer to the live Pro-Writer site as well.