Terms of service

These terms and conditions (referred to as "Terms") govern the order you place and the provision of Services we deliver to you (the "Contract"). These Terms take precedence over any other terms you may attempt to introduce or incorporate, whether implied by trade practices, customs, prior dealings, or any other means.

The Contract constitutes the full and final agreement between you and us regarding the subject matter. You acknowledge that you have not relied on any statements, promises, representations, assurances, or warranties that are not explicitly included in the Contract.

These Terms and the Contract are drafted and enforceable solely in the English language.

Our Services may allow you to store or share various types of content, including text (such as posts or communications), files, documents, graphics, images, music, software, audio, and video. Any content you share or make available through the Services, except for Feedback, is considered "User Content." Contentpen does not claim ownership of your User Content, and nothing in these Terms limits your rights to your own content.

By submitting User Content through our Services, you grant Contentpen, its licensors, and affiliates a non-exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, host, store, copy, modify, create derivative works, distribute, publish, publicly display, and perform your User Content in connection with providing, operating, and improving our Services. This license includes the right to sublicense.

You are solely responsible for your User Content. You represent and warrant that you have all necessary rights to grant the license above and that your content does not infringe on any third-party rights, including intellectual property, privacy, or publicity rights, nor does it violate any laws or regulations.

You may delete your User Content; however, some content (such as comments or posts) may not be fully removed and may persist in our Services. We are not responsible for retaining or deleting any User Content, except as required by law.

Subject to compliance with these Terms, Contentpen grants you a non-exclusive, worldwide license, with the right to sublicense, to use, copy, modify, sell, create derivative works, distribute, publicly display, and perform Generated Content for lawful business purposes.

Content provided through our Services, including Generated Content, may be subject to intellectual property rights. Contentpen and its licensors retain all rights to such content.

You agree to use the Services:

• In compliance with all applicable laws;
• As per these Terms, the license granted in Section 7(e), and any guidelines provided by Contentpen or its licensors;
• Without infringing any rights of Contentpen, its licensors, or third parties;
• In accordance with OpenAI's mission and Charter, where applicable;
• Without violating agreements with others or third-party rights;
• While complying with any call rate limits or restrictions set by Contentpen.

You agree not to:

• Share User Content that infringes on intellectual property, privacy, or publicity rights, violates laws, is misleading, defamatory, obscene, offensive, or promotes harm;
• Sell, transfer, or grant rights to the Services (except for Generated Content as permitted);
• Develop software similar to the Services and offer it to third parties;
• Modify, alter, or create derivative works of the Services, except as permitted;
• Use the Services with harmful software (spyware, malware, viruses, etc.);
• Attempt to extract proprietary data from Contentpen or its licensors;
• Remove or alter intellectual property notices;
• Interfere with the functionality of the Services;
• Display, frame, or mirror the Services without permission;
• Access non-public areas of Contentpen's systems;
• Probe, scan, or test vulnerabilities or breach security measures;
• Circumvent technological protections;
• Use unauthorized tools to access or extract data from the Services;
• Engage in web scraping or data extraction;
• Send spam or unauthorized solicitations;
• Use hidden metadata with Contentpen trademarks without permission;
• Exploit the Services for unauthorized commercial purposes;
• Upload protected health information as defined by HIPAA;
• Use the Services to cause societal harm, including misleading users about AI-generated content.

Contentpen respects intellectual property rights and expects users to do the same. Users who repeatedly violate copyright laws may have their accounts terminated. More details can be found at terms.

Our Services may include links to third-party websites or resources. These are provided for convenience, and Contentpen is not responsible for their content, products, or services. Your use of third-party resources is at your own risk.

We may suspend or terminate your access to the Services at any time, without notice, at our discretion. You may cancel your account by emailing cancel@Contentpen.ai. Certain sections of these Terms will remain in effect even after termination, including intellectual property, indemnification, and dispute resolution provisions.

The Services are provided "as is" without warranties. Contentpen and its licensors disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted, error-free, or accurate operation of the Services.

You agree to indemnify Contentpen.ai, its licensors, affiliates, and representatives against claims, damages, and expenses arising from your use of the Services, User Content, or violations of these Terms.

To the fullest extent permitted by law, Contentpen.ai and its licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. Our total liability will not exceed the amount you have paid for the Services or $100 if no payments were made.

These Terms are governed by U.S. federal arbitration law and the laws of the State of California. Disputes will be resolved in the state or federal courts in Santa Clara County, California, unless arbitration applies.

All disputes related to these Terms will be resolved through binding arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules. You waive the right to a jury trial or class action participation.

Disputes may be brought in small claims court if eligible, and either party may seek injunctive relief for intellectual property rights violations.

Arbitration will be conducted under AAA Rules, and hearings will be held in your county unless agreed otherwise.

Each party covers its costs, except if a claim is deemed frivolous, in which case fees may be reallocated.

Public injunctive relief claims must be pursued in a civil court, not through arbitration.

• You cooperate with us in all matters related to the Services.
• You provide any necessary information and materials we may reasonably request to deliver the Services, ensuring that such information is complete and accurate in all material aspects.
• You comply with all applicable laws, including data protection regulations.
• You adhere to our acceptable use policy.
• You enter the correct county, province, and country codes that reflect your actual place of residence when purchasing your subscription.

In exchange for the Services we provide, you agree to pay the applicable charges ("Charges") as outlined in this clause.

The Charges are based on the prices displayed on our website at the time you place your order.

If you request modifications to the scope of Services through the membership portal after your order has been accepted, and we agree to the changes, we will adjust the Charges accordingly.

We make reasonable efforts to ensure that the prices listed for our Services are accurate when the information is entered into our system. However, see clause 19.7 for steps taken if a pricing error is discovered.

We reserve the right to adjust our Charges at any time.

If you are located in Europe, our Charges do not include VAT. If VAT applies to any or all of the Services, you must pay the applicable VAT amount at the same time as the Charges.

If a discount code is offered and applied, it may only be used on a single account at a time. The discount will apply to your current subscription plan, replacing any frequency-based discounts.

Discount codes apply only to your active subscription plan, including offers available when signing up for a free trial. If you upgrade or downgrade your plan, any previously applied discount code will no longer be valid.

We reserve the right to modify or discontinue discount codes at any time at our discretion.

Certain add-ons that involve setup costs, such as Rebranded Apps and Email/SMS credits, are not available during the 14-day free trial period.

We will use any personal information you provide to us to:

• provide the Services;
• process your payment for the Services and
• inform you about similar products or services that we provide, but you may stop receiving these at any time by unsubscribing from these notifications.

Nothing in this Contract excludes or limits our liability for:

• death or personal injury caused by our negligence, or that of our employees, agents, or subcontractors;
• fraud or fraudulent misrepresentation; or
• breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability that cannot be excluded or limited under applicable law.

Subject to clause 12.1, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:

• loss of profits;
• loss of sales or business opportunities;
• loss of agreements or contracts;
• loss, corruption, or inability to use software, data, or information;
• damage to or loss of goodwill; and
• any indirect or consequential losses.

Subject to clause 12.1, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed the total Charges paid under the Contract.

Except as expressly stated in these Terms, we do not make any representations, warranties, or guarantees regarding the Services. Any implied conditions, warranties, or terms—whether by statute, common law, or otherwise—are excluded to the fullest extent permitted by law.

The provisions of this clause 12 will remain in effect even after the Contract is terminated.

Without limiting any of our other rights, we may suspend the Services or terminate the Contract immediately by providing written notice if:

• you commit a material breach of any term in the Contract and, if the breach is capable of being remedied, fail to do so within 5 days of receiving written notice;
• you fail to make a payment due under the Contract by the specified due date;
• you take steps toward entering administration, provisional liquidation, or any arrangement with your creditors (except in relation to a solvent restructuring), are wound up (whether voluntarily or by court order, unless for solvent restructuring), have a receiver appointed over any of your assets, or cease to conduct business;
• you suspend, or threaten to suspend, cease, or threaten to cease a substantial portion or all of your business operations; or
• your financial position deteriorates to a point where, in our opinion, your ability to fulfill contractual obligations is at significant risk.

Termination of the Contract does not affect any rights or remedies accrued by either party before termination.

Any provisions of the Contract that are expressly stated or are implied to remain in effect after termination will continue to apply in full force.

These terms incorporate the following additional policies, which also govern your use of our site:

• Our Privacy Policy.
• Our acceptable use policy, outlining the permitted and prohibited uses of our site. You must comply with this policy while using our site.
• If you purchase subscription services from our site, our Terms and Conditions of Supply will apply to your subscriptions.

We may revise these terms periodically. Please review them regularly to ensure you understand the current terms governing your use of our site.

We may update and modify our site periodically to reflect product updates, user needs, or business priorities. While we will strive to provide reasonable notice of major changes, we are not obligated to do so.

By posting content on our site, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and distribute that content.

You may not use our trademarks or intellectual property without prior written consent.