Important Notice Regarding This Agreement

Legal Rights and Obligations: Please review all terms carefully as they outline your legal rights, remedies, and obligations. This includes key provisions such as:

1. Mandatory Arbitration: Section 14 of this Agreement mandates that any disputes will be resolved through arbitration on an individual basis, not through jury trials or class actions.

2. Automatic Renewal: If you subscribe and pay via credit or debit card, or another method associated with automatic renewal, your subscription will continue to renew under the terms outlined in Section 4 unless cancelled as specified.

3. Team Plan Subscriptions: If subscribing to a Team Plan, additional terms in Section 17 apply.

Scope of Agreement: This Terms of Service Agreement is between NewTXT and related services—including the Chrome extension, APIs, and all other related products and services—and you, the User. By using these services, you agree to comply with and be bound by the terms and conditions stated herein.

1. Acceptance of Terms

   1. Agreement Acceptance: By using the Services, you confirm that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you must not access or use the Services.

   2. Amendments: NewTXT may amend this Agreement at any time by posting a new version at https://NewTXT.io/terms and will notify users of any changes via the website or email. Continued use of the Services after amendments are posted constitutes acceptance of the new terms.

   Residency and Age Requirements

   1. Eligibility: The Services are for users who are the age of majority in their location. By using the Services, you represent that you are at least 18 years old, an emancipated minor, or have parental or guardian consent.

   2. Age Limit: Users must be at least 13 years old. The Services are not intended for children under 13.

   Disclaimer of Warranties

   1. No Warranties Provided: The Services and all content are provided “AS IS” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose.

   2. Service Quality: NewTXT disclaims any warranties that the Services will meet your requirements, will be uninterrupted, timely, secure, or error-free, or that the information obtained will be accurate or reliable.

   3. No Implied Warranties: NewTXT does not guarantee the quality of products or services obtained through the Services, that any personal information will not be disclosed, or that errors in the software will be corrected.

   By accessing and using the Services, users acknowledge these limitations and agree to the terms as set forth.

2. Use of the Services.

   • Overview of NewTXT Usage

     1. General Usage:

        • The NewTXT service is strictly prohibited for creating academic texts, producing misleading content, or presenting text generated by the NewTXT service as human-created.

        • The NewTXT services allow users to alter provided textual content through paraphrasing or rewriting. Users can modify NewTXT configurations to create variations of rephrased content (referred to as “Outputs”) and are able to edit these outputs.

        • You can use the NewTXT Service for the following purposes:

          • Rephrasing text sentences.
          • Rewriting or condensing text for personal use.
          • Removing errors and repetitive words from text.
          • Checking text for spelling and punctuation accuracy.
        • Any attempts to violate usage terms will result in account suspension.

     2. Registration:

        • To access certain features, users must register an account, providing accurate and complete information.
        • Users must maintain the confidentiality of their credentials (username, password, API key) and are responsible for all activities under their account.
        • Users must notify NewTXT immediately of any unauthorized use of their account or breach of security.

     3. Paid Services:

        • Payment for services such as subscriptions is required, and users authorize NewTXT to store and charge payment information according to the selected payment method.
        • All fees are nonrefundable except where required by law or at the discretion of NewTXT.
        • Fees may be paid in advance, in arrears, per usage, or as otherwise described during the initial purchase.
        • Prices for Paid Services are subject to change without notice.

     4. Payment Methods:

        • NewTXT accepts various payment methods including credit card, debit card, check, and other providers.
        • Users authorize NewTXT to charge for services using the selected payment method.
        • In cases where payment through the provided method fails, users must settle all amounts due directly with NewTXT.
        • Continued use of Paid Services after changes in fees or terms reaffirms user authorization for NewTXT to charge the user’s payment method.

     • Automatic Renewal of Subscriptions

       1. Renewal Process: If a user pays for a subscription using a credit or debit card, or any other payment method designated for automatic renewal on NewTXTio’s platform or a social networking site, and does not cancel the subscription as detailed in this section, the subscription will automatically renew for the same period initially chosen. For instance, a one-month subscription will renew monthly unless canceled by the user.

       2. Subscription Fees: The renewal fee will generally be the same as the initial subscription rate plus any applicable taxes unless otherwise stated in additional terms or unless NewTXTio notifies the user via registered email at least 10 days before the end of the current term of a fee increase.

       3. Payment Authorization: By subscribing, the user authorizes automatic charging of subscription fees and taxes to the specified payment method at each renewal without needing further approval. This will continue unless the user cancels the subscription.

       4. Notification of Changes: The user will be informed of any changes to the subscription fees or applicable taxes before such changes take effect.

       By subscribing, the user agrees to these terms and accepts responsibility for recurring charges based on the automatic renewal feature. Changes in tax rates or subscription fees will be communicated as required by law.

     • Cancellation of Subscription

       1. How to Cancel:

          • Users can cancel their subscription at any time by navigating to the “Billing” page after logging into their account and selecting “Unsubscribe.”

       2. Effects of Cancellation:

          • Upon cancellation, the subscription benefits will continue until the end of the current subscription term.
          • The subscription will not be automatically renewed after the current term expires.

       3. Refunds:

          • Users will not receive a prorated refund for any portion of the subscription fees paid for the current term, unless such refunds are required by applicable law.

     • Current Billing Information and Changes in Charges

       1. Billing Information Requirements:

          • Users are required to provide and maintain current, complete, and accurate billing information for all payments to NewTXT.
          • Users must promptly update their billing information, including changes in billing address, credit card numbers, or expiration dates.
          • Users must immediately notify NewTXT if their payment method is canceled, lost, stolen, or if there are any security breaches related to their payment method.
          • Failure to update billing information may result in continued charges to the user’s current payment method, for which the user remains responsible.

       2. Change in Amount Authorized:

          • If there is a change in the total amount to be charged that differs from the amount initially authorized by the user (excluding tax changes), NewTXT will notify the user at least 10 days before the transaction date.
          • Users must cancel their paid services before any price increase takes effect to avoid being charged the increased price.
          • NewTXT may accumulate charges and submit them as one or more aggregate charges at the end of each billing cycle.
          • Users will be informed of any additional accumulated charges.
   • API Usage.
     • NewTXT may, in its sole discretion, set limits on User’s API usage including, without limitation, limits on the frequency with which User’s requests are processed. NewTXT may change such usage limits at any time, and/or may utilize technical measures to prevent over-usage and/or stop usage of the APIs by an application after any usage limitations are exceeded.
     • The term “Brand Features” shall mean NewTXT’s trade names, trademarks, service marks, logos (e.g., the NewTXT robot logo), domain names, and other distinctive brand features. User agrees only to use NewTXT’s word mark NEWTXTIO, if at all, factually and in connection with User’s implementation of the API in User’s application or product. User shall not use any other Brand Feature in any other way. User shall not modify or alter any Brand Feature or use them in a confusing way, including suggesting sponsorship or endorsement by NewTXT, or in a way that confuses NewTXT with another brand.

3. Proprietary Rights Overview

   1. Rights Reserved by NewTXT: All rights and permissions not specifically granted in this Agreement are reserved by NewTXT.

   2. User License: NewTXT grants the User a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable right and license to use the Services and any API guidelines for personal and non-commercial purposes. This license is contingent on the User’s compliance with all terms and conditions of this Agreement. Upon termination of this Agreement, all granted rights will also terminate.

   3. Use of Submissions: The User grants NewTXT an unlimited, irrevocable, worldwide, non-exclusive, transferable, assignable, royalty-free, sublicensable right to use Submissions for purposes including but not limited to, developing NewTXT technology and providing tailored Services. This license extends to any associated Intellectual Property Rights in the Submissions and continues indefinitely, even after this Agreement ends.

   4. Rights in Output: The User retains ownership of all rights, title, and interest in the Output, including all Intellectual Property Rights. The User grants NewTXT a similar unlimited, irrevocable, worldwide, non-exclusive, transferable, assignable, royalty-free, sublicensable right to use, reproduce, modify, and create derivative works from the Output. This includes using the Output in connection with the Services and NewTXT’s business purposes.

4. Prohibited Uses of the Services:

   Users must not engage in any unauthorized or illegal activities using the Services, including but not limited to:

   a) Exceeding usage limits or misusing service plans. b) Damaging or interfering with the Services using malware, viruses, or other harmful methods. c) Misusing any information about other individuals. d) Sending or storing unlawful material, such as content infringing on copyrights, privacy rights, or promoting harmful or illegal activities. e) Impersonating others or misrepresenting affiliation with any person or entity. f) Altering, translating, reselling, or otherwise modifying the Services or its components. g) Unauthorized access to or tampering with the Services’ systems or networks. h) Using the Services to collect data through unauthorized scripts or software. i) Violating export or import regulations by redistributing the Services or its content. j) Distributing unsolicited or illegal communications. k) Creating derivative works or integrating the Services into unauthorized software. l) Promoting or engaging in illegal activities, including but not limited to drug sale, gambling, or distributing counterfeit goods. m) Utilizing the Services’ data to develop similar tools or improve other systems without authorization. n) Publicly displaying excessive amounts of data from the Services without consent.

   Compliance: Users must adhere to all applicable laws and avoid assisting others in prohibited activities.

5. Security of User’s System.

   User shall be solely responsible for the security, confidentiality, and integrity of all content that User receives, transmits through or stores via the Services or on any computer, mobile device, or related equipment that is used to access the Services.

6. Term and Termination.

   This Agreement remains effective from the moment User accesses or uses the Services until terminated. This Agreement will terminate automatically without notice from the NewTXT if User fails to comply with any provision of this Agreement. NewTXT reserves the right, in its sole discretion and without prior notice to User, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Services; (ii) suspend User’s access to or use of all or any portion of the Services; and (iii) terminate this Agreement.

7. Limited Liability.

   • Liability Limitation: NEWTXT.io, along with its affiliates, directors, employees, and agents, will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages related to the use of the services. This includes damages arising from service availability, user actions, content on the services, transactions through the services, or use of linked internet resources.

     Exclusions: NEWTXT.io is not responsible for technical malfunctions, damage to user equipment from service use, inaccuracies in content, user conduct, communication errors, or data loss. Users access the services and third-party resources at their own risk, and are solely responsible for any resulting damage or loss.

     Monetary Limitation: The maximum liability of NEWTXT.io for any claims is limited to $10.00.

     Force Majeure: NEWTXT.io will not be liable for delays or failures in performance resulting from acts beyond its control, including natural disasters, governmental actions, or technology failures.

     Prohibited Activities: Users are prohibited from using the services to engage in illegal, abusive, or infringing activities. NEWTXT.io is not responsible for the compliance of third-party vendors with applicable laws and regulations.

8. Indemnification.
   • Occurrence.

     User agrees to defend the NewTXT Parties to the fullest extent permitted by law, against any and all claims, demands and/or actions and indemnify and hold the NewTXT Parties harmless from and against any and all losses, damages, costs and expenses, including reasonable attorney’s fees, (each a “Claim), regardless of whether such Claim is due to a NewTXT Party’s active or passive negligence, arising out of or relating to: (i) any User breach of any provision of this Agreement and/or any representation or warranty identified herein; (ii) User’s use of the Services, including any data or information transmitted or received by User; (iii) any unacceptable use of the Services by User including, without limitation, any statement, data or content made, transmitted, or republished by User which is infringing or otherwise prohibited as unacceptable in Section 6; or (iv) any expenses NewTXT incurs in enforcing this Section including, without limitation, reasonable attorney’s fees and costs.

   • Procedures.

     NewTXT will promptly notify User of any claim or action with respect to any claim for indemnification hereunder, and User will undertake the defense or settlement and all related costs and expenses of any claim or action for which it has an indemnification obligation. User will have the right to settle or compromise any action to which its indemnification is applicable, except that User may not agree to any settlement without the prior written consent of NewTXT if such settlement would cause NewTXT to undertake any action, assume any liability, pay any monies, or acknowledge any wrongdoing or have a judgment entered against it. Notwithstanding the foregoing, NewTXT will have the right to undertake the defense of any claim asserted against it at User’s expense in the event that: (i) User fails to assume the defense of such claim; (ii) NewTXT reasonably determines that an adverse outcome could be material to NewTXT’s business; (iii) there are conflicts between User’s and NewTXT’s interests in such litigation; or (iv) NewTXT reasonably believes that User does not have the financial resources needed to satisfy its indemnification obligation in the event of an adverse outcome.

9. NewTXT Privacy Policy.

   User acknowledges reading NewTXT’s Privacy Policy, available at https://NewTXT.io/privacy

10. Take-Down Requests, DMCA.

    NewTXT expressly prohibits users from uploading, posting, or otherwise distributing through the Services any content which may violate another party’s Intellectual Property Rights, privacy, publicity, or other rights. User agrees to comply with NewTXT’s Copyright Policy, incorporated by reference herein.

    If any party believes any user content on the Services violates or otherwise infringes upon any of their rights, they are encouraged to contact NewTXT immediately to request that the allegedly offending content (“Offending Content”) be removed from the Services. Please read our Copyright Policy for how to make a takedown request.

    It should be noted that individuals making misrepresentations in alleging that material appearing on the NewTXT Services constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f).

11. Dispute Resolution Protocol.
    • Controlling Law and Jurisdiction.

      This Agreement will be interpreted in accordance with the laws of the State of New Jersey and the United States of America, without regard to its conflict-of-law provisions. User and NewTXT agree to submit to the personal jurisdiction of the state and federal courts located within Morris County, New Jersey, for any actions involving actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or User’s outstanding payment of fees due hereunder.

    • Negotiations.

      In the event any dispute arises except those disputes the involving actual or threatened infringement, misappropriation, or violation of a party’s Intellectual Property Rights, User and NewTXT agree to first attempt to negotiate the resolution any dispute, informally for at least thirty (30) days before initiating any arbitration or court proceeding.

    • Other parties.

      User accepts that, as a corporation, NewTXT has an interest in limiting the personal liability of its officers and employees. User agrees that it will not bring any claim personally against NewTXT’s officers or employees in respect of any losses User suffers in connection with the Services. Without prejudice to the foregoing, User agrees that the limitations of warranties and liability set out in this Agreement will protect NewTXT’s officers, employees, agents, subsidiaries, successors, assigns, and sub- contractors as well as NewTXT.

    • Binding Arbitration Agreement

      1. Scope and Application:

         • All claims related to the use of the Services, excluding disputes about intellectual property infringement and outstanding payment of fees, will be resolved exclusively through binding arbitration.

      2. Finality of Arbitration:

         • Arbitration is final and binding. Choosing arbitration negates the right to a court trial or a jury trial for both parties.

      3. Arbitration Procedures:

         • Arbitrations are conducted according to the Commercial Arbitration Rules and, when applicable, the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (AAA), available at http://www.adr.org.
         • Arbitration hearings will be restricted to two days, and submissions limited to briefs of no more than 10 pages.

      4. Governing Law:

         • Arbitration will apply New Jersey law, and proceedings must take place in Long Hill, New Jersey, unless otherwise agreed.

      5. Arbitration Costs:

         • Users are responsible for their share of arbitration fees as dictated by AAA Rules, which may be limited by AAA Consumer Rules.
         • If the user’s claim is under $10,000, NewTXT will cover the user’s arbitration fees unless the claim is deemed frivolous or for an improper purpose based on the Federal Rule of Civil Procedure 11(b).

      6. Conduct of Arbitration:

         • Arbitration may occur in person, via document submissions, phone, or online, with the arbitrator providing a written decision.

      7. Court Involvement:

         • Courts may be used to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitration award.

    • Waiver of Right to Participate in Class Actions

      1. Individual Arbitration Agreement:

         • Both user and NewTXTio agree that any arbitration will be conducted on an individual basis, specifically limited to the disputes between NewTXTio and the individual user.

      2. Waiver of Class Action Rights:

         • Both parties explicitly waive the right to participate as a plaintiff or class member in any class action lawsuit or representative proceeding against the other.
         • The arbitrator is prohibited from consolidating more than one individual’s claims and cannot preside over any form of class or representative proceeding.
12. Miscellanea.
    • Waiver; Remedies Cumulative.

      To the maximum extent permitted by applicable law: (i) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by a Party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by such Party; (ii) no waiver that may be given by a Party will be applicable except in the specific instance for which it is given; and (iii) no notice to or demand on one Party will be deemed to be a waiver of any obligation of that Party or of the right of the Party giving such notice or demand to take further action without notice or demand as provided in this Agreement.

    • Entire Agreement and Modification.

      This Agreement constitutes the complete and exclusive statement of the agreement between the Parties with respect to the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the Parties concerning the Services. This Agreement may be modified by NewTXT and User may agree in writing.

    • Severability.

      If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

    • Remedies and Assignment

      1. Remedies for Breach of Agreement:

         • Equitable Relief: Due to the special and unique nature of the rights granted by NewTXT, a breach of this Agreement concerning NewTXT’s proprietary rights could result in irreparable injury that cannot be compensated adequately in monetary damages alone. Therefore, NewTXT is entitled to seek injunctive relief or other equitable remedies without the requirement to post bond or security.
         • Limitation on User Remedies: If NewTXT breaches this Agreement, the User’s remedies are limited to recovering damages in a legal action. Users are not entitled to terminate or rescind the Agreement, nor to enjoin or restrain NewTXT’s use or exploitation of any Submissions.

      2. Assignment of Rights:

         • NewTXT Rights: NewTXT may assign its rights or delegate its obligations under this Agreement to any other party at any time without needing the User’s consent.
         • User Restrictions: Users cannot assign their rights or delegate their obligations without the prior written consent of NewTXT.
         • Successors and Assigns: This Agreement is binding and will apply to the successors and permitted assigns of both parties. It does not grant any rights, remedies, or claims to any person other than the parties involved and their respective successors or permitted assignees.
    • California Consumer Complaints.

      Pursuant to Cal. Civ. Code. § 1789.3, user complaints or requests for further information may be sent to support@NewTXT.io. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be reached at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834 (800) 952-5210.

    • Survival.

      Sections 3, 5-6, 10-11, and 14-15 shall survive the termination of this Agreement.

13. Additional Terms Applicable to Team Plan Subscribers.

    These additional terms apply if you purchase a Team Plan or use NewTXT’s Services under a Team Plan. For purposes of this section, “Owner” refers to the purchaser of a team plan with NewTXT (“Team Plan”), “Writers” refers to multiple individual users who are authorized and invited by Owner or an Administrator to simultaneously access the benefits of the NewTXT Services under the Team Plan, and “Administrator” refers to a Writer that has been granted permission by the Owner to add or remove Writers.

    • These additional terms (“Team Plan Terms”) are binding and effective on the date Owner, Writers, or Administrators begin using the Team Plan. If at any point the Owner transfers ownership of the Team Plan to a new account Owner, by accessing and using the Team Plan account, the new Team Plan Owner hereby agrees to be bound by these Team Plan Terms.
    • Use of Team Plan.
      • Acceptable Use. NewTXT Services offered under the Team Plan are at all times subject to NewTXT’s Terms of Service.
      • Owner Responsibility. Owners of a Team Plan are responsible for:
        1. The use of the NewTXT Services under the Team Plan by any Writer, Administrator, and any new Writer invited by the Owner or an Administrator; and
        2. 2. Maintaining the confidentiality of any non-public authentication credentials associated with a Writers or Administrators use of the Team Plan. Owner must promptly notify our customer support team about any possible misuse of the accounts or authentication credentials or any security incident related to the Team Plan.
      • Maximum Number of Team Plan Users. Owners acknowledge and agree that the maximum number of concurrent Writers or Administrators who access or otherwise use the NewTXT Services under the Team Plan shall not exceed the permitted number of Writers, Administrators, or other limits imposed by NewTXT, if any, at the time. Fees and conditions apply if the Owner wants to add additional Writers to the Team Plan.
    • Effective Date, Term, and Renewal Term. The Effective Date for your Team Plan subscription will be the date, as determined by NewTXT, of the Owner’s purchase of the Team Plan and shall continue until terminated. Team Plan subscriptions shall automatically commence on the one (1) year anniversary of the Effective Date.
    • Writer Account Termination and Team Plan Termination.
      • Writer Account Termination. Access to a Writer account under the Team Plan may be removed by the Owner or an Administrator at any time. A Writer may terminate their Team Plan account by removal from the Owner, an Administrator, or by directly contacting NewTXT’s customer support team.
      • Team Plan Termination. A Team Plan may be terminated at any time by the Owner in the Owner’s account page or by contacting NewTXT’s customer support team directly. When the Team Plan is terminated, all accounts under the Team Plan will be downgraded from a premium account to a free account.
      • Pausing Your Team Plan. A Team Plan subscription cannot be paused. Writer accounts within a Team Plan subscription cannot be paused.
      • Transferring Writer Account(s). A Writer cannot transfer their Team Plan account to a third party. Only the Owner and an Administrator can add or remove Writers from the Team Plan.
    • NewTXT Rights.
      • Verification. NewTXT reserves the right, but shall have no obligation, to verify that Writers have been authorized and verified by the Owner or an Administrator and to restrict access to the NewTXT Services if, in NewTXT’s reasonable judgment and in NewTXT’s own discretion, a Writer cannot be verified. NewTXT reserves the right to investigate any violation or potential violation of NewTXT’s Terms of Service or in cases of suspected fraud.
      • Suspension. NewTXT may suspend all accounts under the Team Plan if:
        • Owner, or any of Writers, including any Administrators, use of the NewTXT Services poses a risk to the Services, NewTXT (including, but not limited to, NewTXT’s infrastructure, security, and third-party relationships), or NewTXT’s other customers;
        • Owner or any Team Plan users, including any Administrators, use the NewTXT Services in a manner that could subject NewTXT to liability;
        • Owner’s payment of the subscription fees of the Team Plan is late; or
        • Owner or any Team Plan users, including any Administrators, are otherwise in breach of NewTXT’s Terms of Service (including these Team Plan Terms), or in cases of suspected fraud.

NewTXT will provide Owner with prompt notice of any suspension.

Terms of Service © 2024 NewTXT