Terms and Conditions

Terms and Conditions of Use

Terms of Service Summary: Here’s an attempt at briefly and concisely summarizing some key points of these Terms of Service in non-legal-jargon.

  • You are responsible for using our system in a responsible manner, including uploading only data you should be uploading, abstaining from malicious or illegal behavior, protecting your password, respecting the integrity of the system, and respecting its users and its creators (that’s us!).
  • You can cancel anytime you’d like. If you cancel, we will delete all of your data.
  • As the creators and curators of the system, we can change, add, and remove things, and we can also limit, throttle, suspend, or discontinue your membership if it is deemed necessary.
  • You acknowledge that we cannot guarantee 100% up-time for the service, and we cannot guarantee 100% security of your data (No-one can offer this level of guarantee)
  • Our content is for informational purposes only—it’s not professional advice. Always consult an expert for personal guidance.
    You agree not to use our service for transmitting sensitive personal data and to comply with privacy laws like HIPAA.
  • You agree that you cannot take legal or medical advice from us and that your use of the service does create a fiduciary relationship or provide you with physician-patient privilege, doctor-patient confidentiality, attorney-client privilege. You acknowledge that many of the advisors have disclaimers attached to them.
  • If you have any questions about this stuffy document, please contact us.
  • Remember to read below for details — this section is not a substitute for the actual Terms of Service, just a brief summary!

The following terms and conditions govern all use of the mywritingtoolbox.com website (“Service”) and all content, services, and products available at or through the website. The Service is owned and operated by BlinkData Limited (jointly trading as “My Writing Toolbox”), a company registered in Auckland, New Zealand. The terms “My Writing Toolbox” and “BlinkData” refer to the same entity. By agreeing to the terms and conditions for either name, you are confirming your agreement in respective of both trading names and/or entities. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, My Writing Toolbox’s Privacy Policy) and procedures that may be published from time to time on this Site by My Writing Toolbox (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If these terms and conditions are considered an offer by My Writing Toolbox, acceptance is expressly limited to these terms. The failure of My Writing Toolbox to exercise or enforce any right granted in the Terms of Service shall not constitute a waiver of such rights, and the Terms of Service at all times constitutes the complete agreement between you and My Writing Toolbox, superseding any prior agreements.

General Terms

  1. If you do not agree to these Terms of Service, you must stop using the Service immediately. You may only use the Service upon agreeing to these Terms.
  2. You must be at least 16 years old to use the Service.
  3. The terms Advisor, Mentor, and Expert are used interchangeably and have the same meaning as each other.
  4. Your use of the Service is undertaken at your own risk. The Service is presented “as is” and “as available.”
  5. You must provide a valid name, a valid email address, and any other information requested as a part of the enrollment process.
  6. The security of your password and account name is solely your responsibility. The Service cannot be held responsible or liable for any loss resulting from failing to comply with this security obligation.
  7. You may not use the Service for any unauthorized or illegal purposes. You may not use the Service in violation of any laws in your jurisdiction.
  8. You are responsible for all activity under your account, including posted Content. You are also responsible for all activity and Content posted by others who have access to your account.
  9. My Writing Toolbox and BlinkData Limited does not expressly guarantee or warrant that your use of the Service will meet your requirements, nor that your use of the Service will be uninterrupted or free from error. My Writing Toolbox does not expressly guarantee that any and all defects in the operation of the Service will be corrected.
  10. Technical support is provided via email and phone, and is available to both trial users and paying users. My Writing Toolbox reserves the right to refuse support for any reason.
  11. You acknowledge and understand that My Writing Toolbox uses third party vendors and hosting partners to provide the necessary infrastructure (hardware, software, networking, storage, etc.) to run the Service.
  12. Abuse of any My Writing Toolbox user or employee (written, physical, or verbal) will result in immediate termination of your membership.
  13. Attempts to reverse engineer the prompts used in My Writing Toolbox will result in immediate termination of your membership.
  14. You may not use the Service to transmit any malicious code, such as viruses or worms.
  15. You may not use the Service to store information that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or other rights of any other person or entity or violates any law or contractual duty. If a Bona Fide DMCA Copyright Infringement is established, My Writing Toolbox will comply by suspending access, or by removing infringing material from your account.
  16. If your usage far exceeds the average of other My Writing Toolbox users, My Writing Toolbox reserves the right to deactivate your account until a time at which your usage can be restored to more normal levels.
  17. My Writing Toolbox cannot be held responsible for any damages, loss, or harm (direct, indirect, incidental, or otherwise) resulting from a lack of access to the Service, the result of any Content stored in the Service or the procurement thereof, unauthorized access to your account, data, or transmissions, or any other matter relating to the Service.

Payment and Refunding Terms

  1. A valid credit card is required to maintain an active membership.
  2. The service is billed monthly, yearly or 5-yearly in advance and is non-refundable. My Writing Toolbox will consider requests for refunds of the latest payment solely at their discretion.
  3. All fees issued by the Service are exclusive of taxes, levies, or duties imposed by the relevant taxing authorities of your jurisdiction. You shall be responsible for any such taxes, levies, or duties.

Cancellation Terms

  1. If you wish to cancel your account with the Service, you are responsible for properly ensuring this cancellation. While the Service may assist you in cancellation in the event of your account via email or phone, an email or phone call is not considered cancellation. Cancellation can be completed anytime by opening your account settings and canceling your subscription.
  2. If you cancel your membership before your billing date, your credit card will not be charged again.
  3. All of the information in your account is subject to deletion upon the cancellation of your membership. The data cannot be recovered after it has been deleted.
  4. My Writing Toolbox reserves the right to suspend or terminate your account at any time and for any reason if it deems such action necessary. Such cancellation will subject your account’s data to the deletion previously detailed. My Writing Toolbox reserves the right to refuse service to anyone at any time and for any reason.
  5. My Writing Toolbox also reserves the right to throttle access or impose limitations on use at any time for any necessary reason.

Modification Terms

  1. My Writing Toolbox reserves the right to suspend or discontinue the Service (or any part of the Service) at any time and for any length of time, with or without notice.
  2. Prices for the service are subject to change with 30 days’ notice from My Writing Toolbox. Such notice may be provided via mywritingtoolbox.com, the Service itself, and/or email notification to the address provided upon registration.
  3. My Writing Toolbox is not liable to you or any third party for any changes made to the service, alterations to the pricing of the Service, or discontinuation of the Service.
  4. You acknowledge that the Service is subject to change in form at any time without your prior consent as My Writing Toolbox works to improve and innovate upon the existing Service.

Expert Information Disclaimer

You acknowledge and agree that the Service, including but not limited to any and all content, data, and information provided by any chatbots or AI-driven services (collectively, “Expert Content”), is not intended to, and does not, constitute professional, medical, legal, financial, or other expert advice or services. The Expert Content is provided for general informational purposes only. It should not be relied upon as a substitute for consultations with qualified professionals who are familiar with your specific situation. While we endeavor to provide useful information, we make no guarantees regarding the accuracy, completeness, or timeliness of any Expert Content provided through the Service. You agree that all risk associated with the use of, or reliance on, any Expert Content rests with you. You further agree that BlinkData Limited, including its service My Writing Toolbox, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Expert Content.

Peer Review

Before relying on any Expert Content, particularly where the Expert Content relates to health, legal, or financial matters, you agree to seek the review and confirmation of such content by a qualified professional. Such peer review by a professional is vital as the Expert Content may not be tailored to your specific circumstances and may not consider recent developments in the relevant field. You agree to indemnify and hold harmless BlinkData Limited and its affiliates and their respective directors, officers, employees, and agents against all claims arising from your failure to obtain such peer review of the Expert Content.

Accuracy and Updates

The Service may include Expert Content that is based on the prevailing laws, regulations, and medical or financial practices at the time the Experts were trained. However, these fields are subject to rapid changes and developments. As such, BlinkData Limited does not represent, warrant, or guarantee that the Expert Content is or will remain updated, complete, correct, or responsive to current conditions. It is your responsibility to ensure that any actions you take are based on the most recent information available. BlinkData Limited disclaims any liability for outdated Expert Content, and you agree that such reliance will be at your own risk.

Service is Provided As Is

We use industry-standard (or better) administrative, physical, and technical safeguards to protect the security and confidentiality of your Account and Your Information, including, without limitation, your Secure Information. Nevertheless, we cannot guarantee absolute security, and no security measures are 100% effective and fool-proof. THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT, INFORMATION, FUNCTION, AND MATERIALS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS, RELIABILITY OF ANY OPINION, ADVICE OR OTHER CONTENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS, DO NOT WARRANT THAT: (A) THE SERVICES WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER SECURITY INTRUSION, UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL MY WRITING TOOLBOX OR BLINKDATA LIMITED BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OR MATERIALS OBTAINED THROUGH THE SITE OR THIRD PARTY SITE OR BY YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED THROUGH A THIRD PARTY SITE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY OPINION, ADVICE, RESULTS, INFORMATION, OR MATERIALS AVAILABLE THROUGH THE SITE OR OBTAINED THROUGH A THIRD-PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, MATERIALS OR OTHER INFORMATION. NO ADVICE, OPINION, RESULTS, INFORMATION, OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

BlinkData (the developer of My Writing Toolbox) is Not a Licensed Professional.

BLINKDATA IS NOT A LICENSED HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, LAW FIRM, OR FINANCIAL ADVISORY FIRM, AND THE EMPLOYEES OF BLINKDATA ARE NOT ACTING AS YOUR HEALTHCARE PROVIDERS, MEDICAL PROFESSIONALS, ATTORNEYS, OR FINANCIAL ADVISORS. THE SERVICES ARE NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, ATTORNEY, OR FINANCIAL ADVISOR. BLINKDATA CANNOT AND DOES NOT PROVIDE MEDICAL, LEGAL, OR FINANCIAL ADVICE. BLINKDATA IS NOT PERMITTED TO ENGAGE IN THE PRACTICE OF MEDICINE, LAW, OR FINANCIAL ADVISING. BLINKDATA IS PROHIBITED FROM PROVIDING ANY ADVICE, EXPLANATION, OPINION OR RECOMMENDATION TO YOU ABOUT (A) POSSIBLE DIAGNOSES, MEDICAL CONDITIONS, MEDICAL TREATMENT, LIFE EXPECTANCY, OR PROGNOSES; (B) LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS OR STRATEGIES; OR (C) ANY ADVICE, EXPLANATION, OPINION OR RECOMMENDATION ABOUT POSSIBLE FINANCIAL INVESTMENTS OR STRATEGIES. THE USE OF OUR AI-BASED EXPERTS IS PURELY FOR GENERAL INFORMATION PURPOSES.

No protected or fiduciary relationship, including without limitation that of physician-patient or attorney-client, is or will be created with My Writing Toolbox by virtue of your use of the Services. Accordingly, while our Privacy Policy https://mywritingtoolbox.com/privacy-policy protects communications between you and My Writing Toolbox, they are not protected by physician-patient privilege, doctor-patient confidentiality, attorney-client privilege, or the work product doctrine. Again, My Writing Toolbox makes no guarantees, representations, or warranties, whether express or implied, concerning any information or materials presented on or through the Services and will not be liable to you under any circumstances for any decision made or action taken by you in reliance on any such Content.

Content Terms

  1. All content added to the Service must comply with US copyright law.
  2. You must not post or attempt to gain access to content that violates the topic restrictions set by Open-AI. A detailed explanation on these rules can be found by clicking here.
  3. You retain ownership of and intellectual property rights over any Content added to your account in My Writing Toolbox in accordance with My Writing Toolbox’s privacy policy.
  4. My Writing Toolbox reserves the right to remove Content available via the Service at its discretion.
  5. You may not copy, sell, distribute, reverse-engineer, duplicate, or otherwise attempt to extract the source code of the Service or any part thereof. All aspects of the Service are copyright ©2023 BlinkData Limited, all rights reserved.

Dispute Resolution

The laws of New Zealand govern this agreement. Except as otherwise provided by the rules of imperative law, all disputes arising from the Agreement are submitted to the competent New Zealand court in the district where BlinkData Limited has its registered office.

Entire Agreement

If any provision of these Terms and Conditions appears invalid, this will not affect the validity of these Terms and Conditions as a whole. In that case, the Parties will establish a new provision (or new provisions) that comes closest as legally possible to express the intention of the original provisions.

Questions or feedback regarding the Terms of Service agreement can be directed to BlinkData Limited at support@blinkdata.com

Last Modified : 05 Nov 2023, 11:07am

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