Effective Date: October 1, 2024
This Terms of Service (the “Agreement”) constitutes a binding contract between you ("Customer") and PaperGen (“PaperGen,” “we,” or “us”). This Agreement governs your access to and use of our services (the “Services”).
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT AND A WAIVER OF CERTAIN RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 11, THESE PROVISIONS WILL APPLY TO YOU.THIS AGREEMENT TAKES EFFECT WHEN YOU CLICK THE “I ACCEPT” BUTTON OR OTHERWISE ACCESS OR USE THE SERVICES (THE “EFFECTIVE DATE”). BY DOING SO, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT; AND (C) AGREE TO BE BOUND BY ITS TERMS.IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
1. Definitions
“Aggregated Statistics” refers to data collected about your use of the Services, which PaperGen may use for analytics and improvement in an anonymized form.
“Authorized User” refers to your employees, agents, or contractors whom you authorize to access the Services.
“Confidential Information” refers to any non-public information shared between the parties, including trade secrets or proprietary information.
“Customer Property” refers to the content, data, or materials that you upload or provide to the Services, including Input and Output.
“Input” refers to the information you provide when using the Services.
“Output” refers to the content generated by the Services based on your Input.
“Services” refers to the PaperGen platform, including any online tools, software, and related materials.
2. Access and Use
(a) Eligibility
To access and use the Services, you must be at least 18 years old and legally capable of forming a binding contract. The Services are not available to individuals under 13 years old (or 16 in the EU).
(b) License
Subject to payment and compliance with this Agreement, PaperGen grants you a limited, non-exclusive, non-transferable license to use the Services solely for your internal business purposes.
(c) Account Creation
You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account. Notify PaperGen immediately if you suspect unauthorized access.
(d) Usage Restrictions
You agree not to misuse the Services by engaging in any of the following: reverse engineering, spamming, hacking, or transmitting viruses. PaperGen may suspend or terminate your account for violations of this Agreement.
3. Fees and Payment
Certain features of the Services may require payment. By purchasing a subscription, you agree to pay all applicable fees and taxes. Fees are non-refundable unless otherwise required by law.
4. Intellectual Property
(a) Customer Property
You retain ownership of your Customer Property. By using the Services, you grant PaperGen a worldwide, non-exclusive, royalty-free license to use your Customer Property solely for the purpose of providing the Services.
(b) PaperGen Property
All rights, titles, and interests in the Services, including Aggregated Statistics, belong to PaperGen. You agree not to modify, distribute, or create derivative works based on the Services without PaperGen’s permission.
5. Confidentiality
Both parties agree to protect each other's Confidential Information and not to disclose it to third parties except as necessary to perform the Services. The obligation to protect Confidential Information survives for five years after disclosure.
6. Warranties and Disclaimers
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. PAPERGEN DOES NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PAPERGEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES. IN NO EVENT WILL PAPERGEN’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO PAPERGEN IN THE 12 MONTHS PRIOR TO THE INCIDENT.
8. Indemnification
You agree to indemnify and hold PaperGen harmless from any claims, damages, or losses arising out of your use of the Services, your violation of this Agreement, or your violation of any third-party rights.
9. Termination
PaperGen may terminate your access to the Services for violation of this Agreement or if required by law. Upon termination, your right to use the Services will cease immediately.
10. Governing Law
This Agreement is governed by the laws of [Insert Jurisdiction]. Any disputes will be resolved in the courts of [Insert Jurisdiction], except as provided in the Arbitration Agreement below.
11. Miscellaneous
(a) Entire Agreement
This Agreement constitutes the entire understanding between you and PaperGen regarding the Services and supersedes all prior agreements.
(b) Modifications
PaperGen reserves the right to modify this Agreement at any time. Changes will take effect upon posting on our website. Your continued use of the Services after any changes indicates your acceptance of the new terms.If you have any questions about this Agreement, please contact us at contact.
