Terms and Conditions of Publishing.ai

We want you to make the most of Publishing.ai. That’s why we’ve implemented content policies to guide you in creating awesome content for your audiences.

These Terms and Conditions are owned and operated by Publishing.com, a Texas [Business entity] located at 5900 Balcones Drive Suite 10763, Austin, TX 78731 (hereinafter “We” or “Publishing.com”) govern the use of the publishing assistance Software and corresponding services (collectively the “Services” or “Application”) available to you, the account creator and user of the Software (“User” or “You”). By visiting this website and electing to use or explore any of our Services, User confirms he/she has read these Terms and Conditions in full, and agrees to be legally bound by them. If you have any questions about our Services or these Terms herein, please contact us at [email protected].

Please revisit this page often, as we may update our Terms and Conditions from time to time, which may affect how Users may interact with and use the Services available herein. By continuing to use the Services, you as the User confirm you agree to and will adhere to the most updated version of these Terms and Conditions.

At a glance, there are a few main points we want you to know, in using the Services, which are discussed more fully herein:

Please read through the rest of our terms carefully.

To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service. Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by the Services.

By registering, Users agree to be fully responsible for all activities that occur under their username and password, including refraining from sharing login credentials with other parties, and agreeing to immediately and unambiguously inform Publishing.com via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

The Service is for the registered User only, and may not be utilized in any commercial way. As outlined more fully below, User expressly agrees and understands he/she will not make any commercial use of the Services herein, including but not limited to repurposing, reselling, sharing, or otherwise making use of the Service’s product beyond User’s own use. Agency services and other transactions where the User sells or distributes the Service to third parties is strictly prohibited. If such use is discovered by Publishing.com, Publishing.com reserves the right to immediately remove the User’s account, suspend all activity, and reserves the right to take legal action for the unauthorized distribution and commercial use of the material.

Users can terminate their account and stop using the Service at any time by directly contacting Publishing.com at the email address above, and requesting his/her account be removed.

Publishing.com reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms in any way. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. You as the User are not entitled to have an account, and Publishing.com reserves the right to refuse account credentials to anyone suspected of illegal or otherwise unauthorized behavior or practices. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

This website contains original work that has been created with creativity, originality, dedication, care, detail, planning, and creative thinking. This collection of work is considered intellectual property created and owned by Publishing.com or has been properly licensed by Publishing.com, and is protected under Federal Intellectual Property Laws, which prevents unauthorized use of our materials. These materials may include, but are not limited to: trademarked and copyrighted material, proprietary software elements, patentable software elements, as well as any and all original works on our Website and within the Services provided, including but not limited to website design, layout, photographs, questionnaires formed, drop down menu options, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Website, to the extent protectable, and any and all other information accessible through this Website, which constitutes proprietary information. This protection also includes any and all content that appears on the Website and as part of the Services. All proprietary information and content hereinafter identified as (“Content”). You understand and acknowledge you will likely be in violation of these Intellectual Property laws should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on the Website or within the Services offered, without Publishing.com’s express written consent. If such behavior is discovered or suspected, we reserve the right to immediately revoke User’s Account, as well as any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application or the Services are the exclusive property of the Publishing.com or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Publishing.com or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Publishing.com undertakes its utmost effort to ensure that the content provided in connection with these Services Infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document to Publishing.com, for the opportunity to evaluate and make any changes necessary.

The User has full commercial rights to any content the User generates using the Services, (the “Software-Generated Content”) but may not generate content for the purpose of reselling or sharing: User is authorized to use the Software-Generated Content for his/her own personal commercial use only. By creating Software-Generated Content and utilizing the Services herein, User expressly agrees and confirms he/she will not make any third party commercial use of the Software-Generated Content or materials generated, including but not limited to selling, distributing, sharing, or otherwise making a profit off the Software-Generated Content. For clarity purposes, this provision does not include any profits generated from User selling a completed self-authored book utilizing the Software-Generated Content generated by the Services, and applies only to the resale or distribution of the Software-Generated Content outlines generated by Services.

The User understands he/she is fully responsible for ensuring content generated using the Services is legal, not in violation of copyright law, and acceptable for publishing - Publishing.com shall have no liability or responsibility in any way for the content generated, including but not limited to any offensive hateful, or illegal content generated by the User within the Services. As outlined elsewhere herein, User is fully and completely responsible for the contents of the material generated, and will be fully and completely responsible or liable should such content violate any local or federal laws, third party distribution regulations, or cause third parties to take legal action against User. Should any third party take legal action against User and/or Publishing.com as a direct or indirect result of content or materials generated by User using the Services, User understands and agrees he/she will fully indemnify, defend, and hold Publishing.com harmless from any and all such liabilities.

User is permitted to upload, share, and provide its own content to the software as part of the Services, (the “User Content”) and confirms it will bear all responsibility to ensure the User Content does not infringe any statutory provisions and/or third party rights.

Users acknowledge and accept that by providing the User Content in connection with the Services herein, they grant the Publishing.com a non-exclusive, fully paid-up and royalty-free license to process such User Content solely for the operation and maintenance of this software as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide in connection with the Services. User agrees he/she does not have a cause of action or any claims against Publishing.com whatsoever for the processing and any other use of the User Content in connection with the Services and software herein. User understands and agrees it also does not have any right to privacy as between User and Publishing.com with respect to the User Content and/or content generated utilizing the Services herein. Publishing.com reserves the right to supervise any content generation to ensure quality, legality, and ensure User is utilizing the services within the terms and conditions herein. If there is any question as to the propriety of the User Content or any Software-Generated Content, Publishing.com reserves the right to look through User’s Account and request access to any such content.

Users acknowledge, accept and confirm that all User Content They provide through the Services is provided subject to the same general conditions set forth for Software-Generated Content.

Users are solely liable for any User Content they upload, post, share, or provide through this software and utilize in connection with the Services. Users acknowledge and accept that the Publishing.com does not filter or moderate such User Content, nor any Software-Generated Content - Users are expected to use the Services within the boundaries of these Terms and Conditions.

However, Publishing.com reserves the right to remove, delete or block such User Content at its own discretion and, without prior notice, to deny the uploading User access to these Services:

The removal, deletion or blocking of User Content and/or Software Generated Content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold Publishing.com and its Publishing.com’s, affiliates, contractors, employees, and assigns harmless from and against any claim asserted and/or damage suffered due to User Content they provided to or Software-Generated Content provided through the Services.

From time to time, Users may have access to external resources provided by third parties in connection with the Services, including but not limited to third party links, other services not affiliated with Publishing.com, or other third party services that User may find beneficial. Users acknowledge and accept that Publishing.com has no control over such resources, and is providing such external resources as an option for User to research and independently decide on. Publishing.com is not responsible for any third party content and availability, as well as any data privacy policies, or other policies of the third party resources provided.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

We believe in providing high value to our students in the products and services we provide. The primary objective of this Fair Usage Policy is to ensure responsible and efficient utilization of computational resources available on the Publishing.ai platform.This policy sets forth guidelines governing the consumption of API calls and computational resources. By establishing these guidelines, the policy aims to ensure that the behavior of some does not disadvantage the majority of our students by minimizing the risk of excessive strain on the computational resources that power Publishing.ai. This mutual understanding between Publishing.com and our students facilitates an effective and reliable product experience, allowing for the optimal allocation of Publishing.ai resources.

Publishing.com reserves the right to monitor student usage patterns and may impose restrictions if the student’s API call frequency exceeds the reasonable monthly limits as identified by Publishing.com.

This software and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this software and/or the Service violates no applicable law, regulations or third-party rights.

Publishing.com reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to this website, software, the Services, any element or component of Publishing.com’s product suite or course, or the Service, terminating contracts, preventing the use of and/or confiscating any Software-Generated Content deemed inappropriate, illegal, or otherwise unavailable for public use, reporting any misconduct performed through this website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

If any such use is discovered, suspected, or reported, Publishing.com reserves the right to access User’s account and conduct whatever research is necessary to determine the legality of the actions, legitimacy of the User and his/her account, and to otherwise assess whether any such allegations of unauthorized, illegal, or improper use are valid. As outlined herein, Publishing.com reserves the right to terminate User’s account and restrict the use of any Software-Generated Content for any reason.

Publishing.com’s liability for damages in connection with the execution of the Agreement and all uses of the Application, Services, and/or software shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

We will attempt to monitor third party use as much as possible. Should the User see anything objectionable or offensive created by another user or third party, you agree to (1) notify Publishing.com of the material, and (2) agree not to take any action against Publishing.com based upon the content posted by the third party. User understands Publishing.com cannot be responsible for material created by the Services or posted on the Application without Publishing.com control, and agree to release Publishing.com of any and all claims arising therefrom.

Should User choose to utilize information offered on the Application or within the Services, whether free or for purchase, you understand that Publishing.com is not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found herein, or from products or services used therefrom. User also understands and agrees that Publishing.com is not liable for any damages incurred as a result of User’s reliance or use of information on the Application written by a third party, whether endorsed or not by Publishing.com, and User agrees to release Publishing.com from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Application or Services.

You understand and agree that the Application and available Services is a general service that may not be suitable for all persons, businesses, locations, countries, or persons in specific situations. User understands that his/her decision to use the Services offered herein is purely voluntary. Should User choose to utilize the Services, User understands and agrees that Publishing.com may not know his/her personal and specific situation in full, and have no way of knowing of Services’ specific applicability to any user’s life, business, or book plans. User agrees and understands User will hold Publishing.com harmless from any direct or indirect, perceived or actual damages or harm to User’s person or business as a result of choosing to utilize the Services. Publishing.com is not responsible for any result stemming from User’s decision to use Services, nor for User’s mental or physical health, income, finances, earnings, business, clientele, client base, or any other result, and User agrees Publishing.com is not liable for any such damages or losses incurring therefrom.

User understands and agrees that Publishing.com is not to be held liable for any type of direct or indirect damages arising out of your use of the Services, any information contained herein, any injuries sustained or medical ailments that arose as a direct or indirect cause of implementing the Services, or any issues stemming therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. User also agrees that Publishing.com is not liable or responsible in any way for any loss incurred by User or User’s business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Services, technical glitch or failure, defect or delay, or any other similar issue. User agrees that his/her decision to use Services is wholly at User’s own risk and voluntarily chosen by User and any ramifications resulting therefrom are User’s alone.

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Publishing.com’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Publishing.com expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Publishing.com or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Publishing.com, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the Services and/or software is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

Publishing.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Publishing.com shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. Publishing.com cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

To the maximum extent permitted by applicable law, in no event shall Publishing.com and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Publishing.com has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

The User agrees to defend, fully indemnify and hold the Publishing.com and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all causes of action, claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

Publishing.com’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

To ensure the best possible service level, Publishing.com reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, Publishing.com may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, Publishing.com will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Publishing.com’s reasonable control, such as “force majeure” events( infrastructural breakdowns or blackouts etc.).

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application, found HERE.

The Publishing.com reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Publishing.com will appropriately inform the User of any material new changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Publishing.com.

If legally required, the Publishing.com will notify Users in advance of when the modified Terms will take effect.

The Publishing.com reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Publishing.com.

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Publishing.com with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

These Terms are governed by the law of the state of Texas, without regard to conflict of laws principles and regardless of location of User.

However, regardless of the above, if the law of the country that the User is located in provides for a higher applicable consumer protection standard, such higher standards shall prevail.

If the User qualifies as a Consumer in Brazil and the product and/or service is commercialized in Brazil, Brazilian law will apply.

These Terms and Conditions shall be governed by the laws of the state of Texas. To the extent allowable under current state law, should any dispute arise, you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by Arbitration and/or a suitable Alternative Dispute Resolution in Austin, Texas regardless of your location, and agree to be bound by the decision(s) of the selected Arbitrator. You also agree to participate in good faith in the process, with failure to do so creating our right to pursue any other available legal remedies, including but not limited to alternate forms of dispute resolution or litigation. If such provision is held unenforceable, it shall not render the entire agreement unenforceable, and this provision shall be considered severed from the rest of this Agreement.

Should an Arbitrator determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.

Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

This Application (or this Application)

The property that enables the provision of the Service.

Any legally binding or contractual relationship between the Publishing.com and the User, governed by these Terms.

Applies where a User, regardless of nationality, is in Brazil.

Any User that does not qualify as a Consumer.

Applies where a User, regardless of nationality, is in the EU.

Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.

The service provided by this Application as described in these Terms and on this Application.

All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

Indicates any natural person or legal entity using this Application.

Consumer is any User qualifying as such under applicable law.