2. Our Services.
To use our Services, you must subscribe to one of our Pricing Plans or enter into an Agreement. Depending on the Pricing Plan that you choose or the Agreement you have executed, you may be limited in the number of your permitted users, the number of monthly projects and Articles, and the level of support and training that you will receive. You may elect to pay an additional fee for us (or for an Automated Insights-authorized implementation partner that we or you designate) to provide additional training and consulting services to help you better use Wordsmith.
3. Your Obligations.
You are solely responsible for collecting, organizing and submitting your structured data (the “User Data”) and for creating the templates (or modifying any dynamic templates made available to you through our template gallery feature or otherwise) that you want to use with your User Data by providing the required narrative, variables and logic conditions (collectively, the “User Narrative”). You are solely responsible for the completeness and accuracy of any User Data and User Narrative that you provide (cumulatively, the “User Content”), and you acknowledge that we will not independently review, approve or correct any such User Content. You acknowledge that the Articles are based on your User Content, and that the Articles may be inaccurate, incomplete or misleading if you provide inaccurate, incomplete or misleading User Content.
You must own or control all rights in and to your User Content, and have the right to provide User Content to us. User Content must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Give the impression that any Article emanates from or is endorsed by us or any other person or entity, if this is not the case.
4. Accessing the Website and Account Security.
We reserve the right to modify the Website and any Services or material we provide on the Website. We may modify Wordsmith at any time. We will not be liable if for any reason all or any part of the Website or our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.
5. License and Intellectual Property Rights.
We own all rights in the Website and its entire contents, features and functionality, and in Wordsmith (including software, algorithms, data models, dynamic templates, logic and structure and related documentation), the Wordsmith Content Generator and the Uploading Software, all of which are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The SDK would be provided to you at no cost as open source software, subject only to the open source license that you can access when you download the SDK. We also retain all rights in any software, templates, or documentation which we may create in connection with providing support or Services to you. You will own the User Content that you submit (but not the templates created with that User Content) and the copyright in the text of the finished Articles provided to you. We may use the User Content that you submit for internal research purposes and to operate, manage and improve our Services offerings. We may also retain produced Articles for use in research and product improvement and marketing.
Additionally, you (i) will use commercially reasonable efforts to prevent unauthorized installation, access to or use of the Wordsmith Content Generator, and (ii) will not (and will not permit any third party to) copy the Wordsmith Content Generator, except that if we have expressly agreed to provide you access to the Wordsmith Content Generator you may install the Wordsmith Content Generator on your systems (on up to the maximum number of servers specified in the Agreement and, if no such maximum number is specified in the Agreement, on up to one server) and you may make one copy solely for backup purposes. You acknowledge and agree that your installation and use of the Wordsmith Content Generator does not transfer to you any title to the Wordsmith Content Generator nor the intellectual property in the Wordsmith Content Generator (including, for the avoidance of doubt, with respect to any associated templates), and that you are acquiring no rights of any nature to the Wordsmith Content Generator except for the license expressly granted above.
You agree that we may use your name and logo to identify you as an Automated Insights customer on Automated Insights’ official website and other marketing materials. You may provide us with reviews and evaluations of our Services and suggestions for modifying and improving our Services, including suggestions for new or modified templates (cumulatively the “Feedback”). You agree that we will have the unrestricted royalty-free right to copy, display and use your Feedback and that we will own all of the rights in any new or revised Services that we create that include, embody or are based on your Feedback.
You and Company may each be a recipient of trade secrets or other information of the other party, whether in written, digital, oral or other form that is unique, confidential or proprietary to the disclosing party (“Confidential Information”). Confidential Information does not include information that (a) at the time of disclosure was in the public domain or subsequently becomes a part of the public domain through no act or omission of the recipient; (b) was in the recipient’s lawful possession prior to the disclosure and had not been obtained by the recipient either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the recipient by a third party who is under no obligation of confidentiality or non-use owed to the disclosing party; or (d) is independently developed by the recipient without any use of or reference to the Confidential Information of the disclosing party.
Should either you or Company become legally compelled to disclose any portion of the other party’s Confidential Information in connection with a lawsuit or similar proceeding, such party shall give the other party prompt notice of that fact, including in its notice the legal basis for the required disclosure and the nature of the Confidential Information that must be disclosed, and shall cooperate fully with the other party in obtaining a protective order or other appropriate protection.
The Company name and all related names, logos, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, designs and slogans on the Website are the trademarks of their respective owners.
8. Prohibited Uses.
Use the Website or the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Use the Website or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or the Services, including the ability to engage in real time activities through the Website or the Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Website or the Services via a denial-of-services attack or a distributed denial-of-services attack.
Use any robot, spider or other automatic device, process or means to access the Website or the Services for any purpose, including monitoring or copying any of the material on the Website or the Services.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or the Services, the server on which the Website or the Services are stored, or any server, computer or database connected to the Website or the Services.
Use the Website or the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
Remove, obscure or alter any notices or indications of any intellectual property rights, any trade names, trademarks, services mark, logos, trade dress, and any other distinctive or proprietary symbols, labels, designs or designations, or any electronic notices.
Interfere with, compromise the system integrity or security of, or decipher any transmissions to or from our servers.
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that may harm the Company or users of the Website or the Services or expose them to liability.
9. Monitoring and Enforcement; Termination.
10. Copyright Infringement.
If you believe that any material posted by any other user violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
11. Reliance on Information Posted.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
12. Changes to the Website.
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
13. Links to Other Sites.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14. Geographic Restrictions.
The owner of the Website is based in the state of North Carolina in the United States. We make no claim that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We represent and warrant that the Services will be performed in a good and workmanlike manner and in compliance with all federal, state and local laws and regulations applicable to us. Should we violate this warranty, your sole remedy shall be for us to reperform the Services in a manner that complies with our obligations hereunder, at no additional cost to you.
We cannot and do not guarantee or warrant that Articles will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR OUR SERVICES OR TO YOUR DOWNLOADING OF ANY ARTICLES OR ANY OTHER MATERIALS POSTED ON OUR WEBSITE, OR ON ANY WEBSITE LINKED TO IT.
WE HEREBY DISCLAIM ALL OTHERS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
16. Limitation on Liability.
IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE COMPANY’S CUMULATIVE LIABILITY TO YOU HEREUNDER FOR ANY DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE 90-DAY PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
18. Governing Law and Jurisdiction.
19. Limitation on Time to File Claims.
20. Waiver and Severability.
21. Entire Agreement.
22. Your Comments and Concerns.
This website is operated by Automated Insights, Inc., 512 S. Mangum Street, Suite 400, Durham, NC 27701. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.