Terms and conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the tenwrite.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Free Trial and Free Plan

Free Trial

We do not offer a free trial on our subscription plans. Users who register with the Site will be immediately enrolled in their chosen subscription, and the account will be charged accordingly.

Free Plan

We provide a free plan that offers a limited amount of credits each month. Users on the free plan will have access to a predefined set of features and services based on the available credits. Additional credits can be purchased separately if needed. Please refer to our pricing page for more details on the limitations and offerings of the free plan.

For more details on our subscription plans and pricing, please visit our Pricing Page.

Cancellation & Refund Policy

Cancellation

You can cancel your subscription at any time by logging into your account. The cancellation will take effect at the end of the current paid term.

Refund Policy

All purchases are generally non-refundable. However, we understand that there may be exceptional circumstances. If you believe you qualify for a refund or have any concerns about our services, please contact our support team at [email protected]. We’re here to assist you and address your specific situation.

Please note that any approved refunds will be subject to our review and consideration based on the nature of the request.

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Prohibited Uses

In addition to other terms outlined in this Agreement, you are expressly prohibited from using the Website, Services, or Content for the following:

  1. Unlawful Activities:

    • Engaging in any activity that violates local, national, or international laws, regulations, or ordinances.

  2. Intellectual Property:

    • Infringing upon our intellectual property rights or the rights of others.

  3. Harassment and Discrimination:

    • Harassing, abusing, insulting, harming, defaming, or discriminating against individuals based on factors such as gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

  4. False Information:

    • Submitting false or misleading information with the intent to deceive.

  5. Malicious Code:

    • Uploading or transmitting viruses or any other type of malicious code that could impact the functionality or operation of the Website, Services, third-party products, or the Internet.

  6. Unauthorized Access:

    • Interfering with or circumventing the security features of the Website, Services, third-party products, or the Internet.

  7. Spam and Phishing:

    • Engaging in spam, phishing, pharming, pretexting, or any similar activities.

  8. Obscene or Immoral Activities:

    • Using the services for any obscene or immoral purposes.

We reserve the right to terminate your access to the Website and Services immediately if you engage in any of the prohibited activities outlined above.

Intellectual Property Rights

Definition: “Intellectual Property Rights” encompass all present and future rights conferred by statute, common law, or equity related to copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing off. This includes rights to inventions, rights to use, and all other intellectual property rights, whether registered or unregistered.

Ownership: This Agreement does not transfer any intellectual property owned by the Operator or third parties to you. All rights, titles, and interests in and to such property will remain solely with the Operator.

Trademarks: All trademarks, service marks, graphics, and logos used in connection with the Website and Services are either trademarks or registered trademarks of the Operator or its licensors. Any other trademarks, service marks, graphics, and logos used may belong to third parties. Your use of the Website and Services does not grant you any right or license to reproduce or otherwise use any of the Operator’s or third party’s trademarks.

Acknowledgment: By using the Website and Services, you acknowledge that all intellectual property rights remain with the respective owners, and you agree to respect and not infringe upon these rights.

Enforcement: The Operator reserves the right to take legal action against any unauthorized use or infringement of its intellectual property rights.

Limitation of Liability

Scope of Liability: To the fullest extent permitted by applicable law, the Operator, its affiliates, directors, officers, employees, agents, suppliers, or licensors shall not be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages. This includes damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, and loss of anticipated savings, even if the liable party has been advised of the possibility of such damages.

Legal Theories: Liability may arise under various theories, including contract, tort, warranty, breach of statutory duty, negligence, or otherwise.

Maximum Liability: To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the Operator for the prior one-month period preceding the first event or occurrence giving rise to such liability.

Essential Purpose: These limitations and exclusions apply even if the remedy provided does not fully compensate you for any losses or fails of its essential purpose.

Advisory Note: It is advised to review and understand these limitations carefully, as they play a crucial role in defining the extent of liability in connection with the use of the services.

Indemnification

You agree to indemnify and hold harmless the Operator and its affiliates, directors, officers, employees, agents, suppliers, and licensors from any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from third-party allegations, claims, actions, disputes, or demands asserted against any of them. This indemnification is a result of or relates to:

  • Your Content
  • Your use of the Website and Services
  • Any willful misconduct on your part

Your commitment to indemnify is essential in ensuring the protection of the Operator and its affiliates from legal and financial repercussions.

Severability

All rights and restrictions outlined in this Agreement are intended to be exercised within the bounds of applicable laws. They are applicable and binding only to the extent that they do not violate any applicable laws, and are designed to be limited so as not to render this Agreement illegal, invalid, or unenforceable.

If any provision or portion of any provision of this Agreement is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the intention of the parties is that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof. All such remaining provisions or portions thereof shall remain in full force and effect, ensuring the continued validity and enforceability of the Agreement to the maximum extent permitted by law.

This severability clause is included to mitigate any potential harm caused by the illegality, invalidity, or unenforceability of specific provisions and to preserve the overall enforceability of the Agreement.

Dispute Resolution

The formation, interpretation, and performance of this Agreement, as well as any disputes arising out of it, shall be governed by the substantive and procedural laws of West Bengal, India, without regard to its rules on conflicts or choice of law, and, to the extent applicable, the laws of India.

Exclusive Jurisdiction: The exclusive jurisdiction and venue for actions related to the subject matter of this Agreement shall be the courts located in West Bengal, India. By using the Website and Services, you submit to the personal jurisdiction of these courts.

Waiver of Jury Trial: You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

Non-Application of UN Convention: The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and Amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time, at our discretion. When we make changes, we will:

  • Revise the updated date at the bottom of this page.
  • Post a notification on the main page of the Website.
  • Provide notice to you in other ways at our discretion, such as through the contact information you have provided.

Immediate Effect: An updated version of this Agreement becomes effective immediately upon posting unless otherwise specified.

Your Consent: Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

It is recommended to periodically review this Agreement to stay informed about any updates or modifications.

Acceptance of These Terms

By accessing and using the Website and Services, you acknowledge that you have read this Agreement and agree to all its terms and conditions. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting Us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to reach out to our support team via email at:

[email protected]

We strive to respond promptly to all inquiries. Your feedback is valuable to us, and we appreciate your engagement with our services.

This document was last updated on January 21, 2024