Terms of Service
Please read these terms of Service (“Terms”) carefully before using the Writkit file hosting service (the “Service”) operated by Writkit (“us”, “we”, or “our”).
These Terms govern our provisioning of the Service and your use thereof, including all updates, supplements and replacements to the Service. By accepting these Terms or actually using the Service, you accept to be bound by the provisions hereof.
1 The Service
1.1 The Service includes the services and software provided on the web site https://writkit.com and any other web based services, mobile applications and other software and interfaces that we provide from time to time and specify on our web page.
1.2 We may subcontract the performance of the Service and other obligations under these Terms, such as hosting, analytics and other services.
2 Acceptable use
2.1 You must not use the Service in any way that causes, or may cause, damage to the Service, impairment of the availability or accessibility of the Service or damage for other users of the Service. Further, you must not use the Service in any way which is unlawful, illegal, fraudulent or harmful (including any manner that harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party).
2.2 You must not use our Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
2.3 You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Service.
2.4 Should your use of the Service be deemed by us as non-compliant with these Terms, we may, without further notice, suspend your access to the Service, including deleting files hosted through the Service.
3 Price and payment terms
3.1 The Service offers paid plans which are subject to the fees specified on our webpage. All prices are presented in USD excluding any applicable VAT and sales tax, unless otherwise is expressly stated.
3.2 Should we, subject to a separate agreement, provide professional services to you, such as customizations of the Service, custom reports, training or installation, such services will be charged in accordance with our then applicable price list for professional services.
3.3 If we are incurred additional work or additional costs due to circumstances for which you are responsible, you shall reimburse us for such additional work or costs in accordance with our then applicable price list for professional services.
3.4 Where you are in default of any payment obligation and we have requested payment from you in writing, we may suspend your access to the paid parts of the Service until full payment is made. This includes removing, termporarily or permanently, documents you host with Writkit.
4 Intellectual property rights
4.1 Except for what is expressly stated in these Terms, we, or our licensors, own all rights, including intellectual property rights, to the Service and any information and software included in the Service.
4.2 As between us and you, you own all intellectual property rights to Your Data. By providing Your Data to the Service you grant to us a right to store, process and use Your Data for the purpose of providing the Service to you. You further accept that we use Your Data in anonymized form (i.e. without any direct traces of you or a any person identified therein) for other purposes. In these Terms, “Your Data” means images, text, documents and other information that you, or someone on your behalf, submit to the Service through such functions in the Service that are available to you and any result of our processing of such information. For the avoidance of doubt, we do not collect or use any data from documents hosted on our platform, and we claim no rights to such data.
4.3 You are responsible, and undertake to indemnify us, for that Your Data processed in the Service does not infringe any right of any third party or otherwise breaches any applicable law.
5 Support and maintenance
5.1 We strive for having the Service available 24/7 and we undertake to remedy any malfunction as soon as reasonably possible. We may at any time take actions that affect the availability of the Service if it is required due to technical, maintenance, operational or safety reasons.
5.2 We provide support services for the Service to a reasonable extent during our business hours by e-mail ([email protected]).
6.1 Please see our separate Privacy Notice for our policies and procedures related to processing personal data and other information you provide to us.
7 No liability
7.1 The Service is provided “as is” and you use the Service at your own risk. We take no responsibility for the correctness of any information based on Your Data that is made available in the Service. Further, we shall have no responsibility, and we do not provide any support, for malfunctions or defects that are attributable to your internet connection or the equipment or software you use for accessing the Service.
7.2 Unless expressly stated in these Terms, in no event shall we be liable to you for any indirect, incidental or consequential damages. Further, we shall have no liability for loss of data or damages caused by viruses, unauthorized intrusion or unauthorized access to our servers or systems.
7.3 In no event shall the aggregate liability of us to you exceed the compensation you have paid, if any, to us for access to or use of the Service during the twelve months preceding the time the damage arose. This limitation shall however not apply in relation to damages caused by us intentionally or through gross negligence.
8.1 We reserve our right to make changes to the Service, including changes to requirement specifications, operational routines, systems, technical specifications etc. We seek to announce such changes on our web site or by email prior to introducing them.
8.2 We reserve our right to make changes to these Terms, price lists and other instructions, policies, service descriptions and similar documentation that relates to the Service. We will announce such changes on our web site or by email prior to effecting them. Your continued use of the Service after such change is introduced will be considered an acceptance of the change.
9 Applicable law and dispute resolution
9.1 This agreement is governed by and construed in accordance with Swedish law.
9.2 Any disputes relating to this agreement shall be subject to the exclusive jurisdiction of the courts of Sweden with Stockholm district court as first instance.
9.3 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
10 Contact us
If you have any questions about these Terms, please contact us as [email protected].