Terms Of Service

1. Acceptance of Terms.
   
   By accessing and using the Services, User hereby READS, UNDERSTANDS, ACCEPTS, and AGREES to be bound by this Agreement's terms and conditions, which incorporates and include all other terms and policies referenced throughout this Agreement. Should User NOT accept these terms and conditions, User must neither access nor otherwise use any part of the Services or content or information available therewith. To the extent permitted by law, QuillBot may amend, at any time and from time to time, this Agreement by posting a version of this Agreement to https://quil.bundledseo.com/terms . QuillBot will notify User on its website and/or via email that amended terms have been posted. User agrees that its continued use of the Services constitutes an acceptance of such amendments. User shall have the opportunity to refuse said amendments solely by ceasing access to and utilization of the Services.
   
   QuilBot and the Services are owned by Learneo, Inc. (“Learneo”). User’s access to and use of the Services is also subject to the Learneo Terms of Service located at https://www.learneo.com/legal/terms-of-service, which apply to all the websites, services, applications, technologies, and products owned by Learneo. In the event there is a conflict between the terms and conditions of this Agreement and the Learneo Terms of Service, the terms and conditions of this Agreement will control with respect to the Services only.

2. Residency and Age.
   The Services are intended to be accessed and utilized by Users who have attained the age of majority in their respective country, state or province. By accessing and using the Services, User hereby represents, warrants, and affirms that it is either at least 18 years of age, an emancipated minor, or has acquired a parent or guardian's consent. User hereby affirms that it is, at a minimum and without exception, 13 years old. The Services are not intended to be accessed or utilized by children under 13 years of age. If you are under the age of 16 and a resident of the European Economic Area or the United Kingdom, please have your parent or guardian contact us to provide consent to use our Services before you register for or otherwise use the Services or send us any data.

3. Disclaimer of Warranties.
   THE SERVICES AND THE ENTIRETY OF THEIR CONTENT AND INFORMATION AND MATERIALS PROVIDED THEREWITH ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, AND QUILLBOT HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUILLBOT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS THAT: (I) THE SERVICES WILL MEET USER'S REQUIREMENTS; (II) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY INFORMATION OBTAINED THROUGH OR FROM THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICES WILL MEET EXPECTATIONS; (V) ANY USER-PROVIDED INFORMATION WILL NOT BE DISCLOSED TO THIRD-PARTIES; OR (VI) ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED.

4. Use of the Services.

   1. QuillBot Usage Generally.
      
      The Services generally allow a User, pursuant to the terms and conditions herein, to compare and re-phrase textual content User submits to the Services (“Submissions”) using the Services' proprietary QuillBot thesaurus technology and obtain metrics therefrom. User may adjust QuillBot configuration(s) to result in variations on the re-phrased textual content (the “Output”) and may edit the Output to suit User's purpose(s).

   2. Registration.
      
      To use certain features of the Services, User may be asked to register an account. User agrees: (i) to provide true, accurate, current and complete information (“User Information”) about itself as prompted by any registration form; and (ii) to maintain and promptly update its User Information to keep it true, accurate, current and complete. If QuillBot has reasonable grounds to suspect that User Information is untrue, inaccurate, not current or incomplete, QuillBot may suspend or terminate User's access to and use of the Services (or any portion thereof). User is solely and fully responsible for maintaining the confidentiality of its username, password and, if applicable, API key (“Credentials”) and is solely and fully responsible for all activities that occur under its Credentials. User agrees to: (i) immediately notify QuillBot of any unauthorized use of User's Credentials or any other breach of security; and (ii) ensure that User logs off from its account at the end of each web applications session. QuillBot cannot and will not be liable for any loss or damage arising from User's failure to comply with this section.

   3. Paid Services.

      1. Conclusion of Agreement for Paid Services.
         User is required to create an account by providing the information set out in our Privacy Policy and then enter payment information to conclude an agreement to use our Paid Services. By clicking on the “check out” button, User makes a binding offer to conclude an agreement for Paid Services. After that, a summary of the order will be displayed for review. Until clicking on the “check out” button, User can cancel the order process at any time or change the information provided by deleting, adding, or correcting the information provided in the various fields or by closing his web browser or tab. QuillBot shall provide its Services immediately after conclusion of the agreement.

      2. General.
         If User purchases any Services that QuillBot offers for a fee (“Paid Services”), such as a subscription to QuillBot's Services, User authorizes QuillBot and its designated payment processors to store User's payment information and other related information. User also agrees to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions) (the “Subscription Fees”) as they become due plus all related taxes (including, without limitation, sales and use taxes, duties, or other governmental taxes or fees), and to reimburse QuillBot for all collection costs and interest for any overdue amounts. All fees are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except: (i) as required by applicable law; and (ii) at QuillBot's sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage, or as otherwise described when you initially purchase the Paid Services. Except as otherwise described in this Section 4, all prices for Paid Services are subject to change without notice.

      3. Plagiarism Checker.
         QuillBot uses a third-party service provider to offer plagiarism checker as part of its Paid Service. If you subscribe to the Paid Service, you can use the plagiarism checker on up to {{scanPages}} pages (250 words maximum per page) each month during your subscription period. For purposes of this paragraph, use of the plagiarism checker on a page is referred to as a “scan.” Failure to use {{scanPages}} scans in any given month will not result in a rollover. Users have the ability to purchase additional scans a month for a one-time payment to QuillBot. Additional scans purchased but not used in a given month will rollover until used.

      4. Payment Method.
         
         QuillBot may, from time to time, offer various payment methods, including without limitation payment by credit card, by SEPA mandate through our PSP, by debit card, by check, or by certain payment providers. User authorizes QuillBot to charge User for Paid Services through any payment method(s) User selects when purchasing the Paid Services (the “Payment Method”) and User agrees to make payment using such Payment Method(s) (QuillBot may, from time to time, receive and use updated payment method information provided by User or that financial institutions or payment processors may provide to QuillBot to update information related to User's Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between User and the financial institution, credit card issuer, or other provider of User's chosen Payment Methods (the “Payment Method Provider”). If QuillBot does not receive payment from User's Payment Method Provider, User agrees to directly pay all amounts due upon demand from QuillBot. User's non- termination or continued use of the Paid Services reaffirms that QuillBot is authorized to charge User's Payment Method.

      5. Automatic Renewal of Subscriptions.
         
         IF USER PAYS FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON QUILLBOT'S SERVICES OR A SOCIAL NETWORKING SITE AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND USER DOES NOT CANCEL USER'S SUBSCRIPTION AS SET FORTH IN THIS SECTION 4, USER'S SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS USER CANCELS, A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS). UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS QUILLBOT SENDS TO USER'S REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN USER FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS QUILLBOT NOTIFIES USER AT LEAST 10 DAYS PRIOR TO THE END OF USER'S CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. USER ACKNOWLEDGES AND AGREES THAT USER’S PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTOMATIC RENEWAL. USER ACKNOWLEDGES THAT USER'S SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND USER CONSENTS TO AND ACCEPTS RESPONSIBILITY FOR ALL RECURRING CHARGES TO USER'S CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM USER AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. USER FURTHER ACKNOWLEDGES THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF USER IS NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.

      6. Cancellation of Subscription.
         TO CHANGE OR CANCEL USER'S SUBSCRIPTION AT ANY TIME, USER MAY GO TO THE “ACCOUNT SETTINGS” PAGE AFTER LOGGING INTO THEIR ACCOUNT AND ELECT TO “UNSUBSCRIBE.” IF USER CANCELS USER'S SUBSCRIPTION, USER'S SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF USER'S THEN-CURRENT SUBSCRIPTION TERM, BUT USER'S SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES. USER WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN-CURRENT SUBSCRIPTION TERM, EXCEPT AS REQUIRED BY APPLICABLE LAW. PLEASE SEE HERE FOR ADDITIONAL INFORMATION AND GUIDANCE ON HOW TO CANCEL A SUBSCRIPTION.

      7. Current Billing Information Required.
         User agrees to provide current, complete, and accurate billing information and agrees to promptly update all such information (such as changes in billing address, credit card number, or credit card expiration date) as necessary for the processing of all payments that are due to QuillBot. User agrees to promptly notify QuillBot if User's Payment Method is canceled (for example, due to loss or theft) or if User becomes aware of a potential breach of security related to User's Payment Method. If User fails to provide any of the foregoing information, User acknowledges that User's current Payment Method may continue to be charged for Paid Services and that User will remain responsible for all such charges.

      8. Change in Amount Authorized.
         If the total amount to be charged varies from the amount User authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), QuillBot will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If User does not cancel User's Paid Services before the increased price goes into effect, User agrees to pay the increased price for the Paid Services. User agrees that QuillBot may accumulate charges incurred and submit them as one or more aggregate charge during or at the end of each billing cycle. QuillBot will inform User of any additional charges which are accumulated.

      9. Payment Processors.
         Ordering Paid Services involves utilizing the secured server of a payment processing service provider (“PSP,” e.g., Stripe). Neither PSP nor any person or company related to PSP holds any ownership interest in the Services or QuillBot, nor receives any financial benefit from the Services or QuillBot other than a fee paid by QuillBot to PSP for the services performed by PSP. QuillBot makes absolutely no representations and/or warranties, and provides no assurances, regarding the PSP, the PSP owner, or the quality, availability, security, legality, or description of the payment processing services offered thereon. QUILLBOT EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PSP AND/OR THE SERVICES OFFERED THEREON.

   4. API Usage.

      1. QuillBot 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. QuillBot 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.

      2. The term “Brand Features” shall mean QuillBot's trade names, trademarks, service marks, logos (e.g., the QuillBot robot logo), domain names, and other distinctive brand features. User agrees only to use QuillBot's word mark QUILLBOT, 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 QuillBot, or in a way that confuses QuillBot with another brand.

   5. Beta Services.
      From time to time, QuillBot may allow User to access and use beta versions of new services (“Beta Services”) for the sole purpose of internally testing and evaluating the Beta Services. Beta Services may be subject to additional terms and conditions that User must accept. QUILLBOT MAKES NO REPRESENTATIONS OR WARRANTIES THAT BETA SERVICES WILL BECOME PART OF THE SERVICES GENERALLY AVAILABLE AND RESERVES THE RIGHT TO DISCONTINUE OR CHANGE THE BETA SERVICES AT ANY TIME WITHOUT NOTICE. WITHOUT LIMITING ANY OTHER DISCLAIMERS IN SECTION 3 OF THE AGREEMENT, USER ACKNOWLEDGES AND AGREES THAT ACCESS TO AND USE OF THE BETA SERVICES IS AT USER’S OWN RISK AND SHOULD NOT BE USED FOR PRODUCTION PURPOSES. THE BETA SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND AND MAY CONTAIN ERRORS OR OTHER DEFECTS.

   6. Third Party Service.
      
      The Services may be integrated with third party applications or contain links or connections to third party websites or services that are not owned or controlled by QuillBot (“Third Party Service”). When you access or use a Third-Party Service, you accept that there are risks in doing so, and that QuillBot is not responsible for such risks. QuillBot encourages you to be diligent when you leave the Services and to read the terms and conditions and privacy policy of each Third-Party Service that you visit or utilize. QuillBot has no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Service or by any third party that you interact with through the Services. In addition, QuillBot will not and cannot monitor, verify, censor or edit the content of any Third-Party Service. By using the Services, you release and hold QuillBot harmless from any and all liability arising from your use of any Third-Party Service. When you access or use a Third-Party Service via QuillBot, you may be subject to the terms and conditions of such Third Party Service. The Third Party Services include:
      
      i. YouTube API; YouTube Terms of Service located at https://www.youtube.com/t/terms

5. Proprietary Rights.
   All rights and permissions not expressly granted herein are reserved by QuillBot.

   1. For the term of this Agreement, and unless as otherwise agreed by QuillBot in writing or permitted in this Agreement, QuillBot grants User a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable right and license to use, for User's personal and non-commercial purposes, the Services and any API guidelines solely provided that User adheres to all of the terms and conditions of this Agreement. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Services or any patents, copyrights, trade secrets, moral rights, trademarks, know-how, or any related or other rights or interests or other intangible assets recognized under any laws, regulations, or international conventions, in any country or jurisdiction in the world (collectively, “Intellectual Property Rights”) of QuillBot or its licensors. Subject to the prohibitions of Section 6, any rights not expressly licensed pursuant to this section are reserved and upon termination of this Agreement, all rights which are licensed shall terminate.

   2. User hereby grants QuillBot an unlimited, irrevocable, worldwide, non- exclusive, transferable, assignable, royalty-free, sublicensable right and license to use the Submissions for any purpose including, without limitation, developing and improving the QuillBot technology and model or the technology or models of its affiliates, providing tailored Services experiences to User, and generating the Output. The non-exclusive license hereby granted to QuillBot under this Section will extend to any associated Intellectual Property Rights in the Submissions and will continue in perpetuity, notwithstanding the termination of this Agreement.

   3. To the fullest extent permitted by law, User will own all rights, title, and interest in the Output including, without limitation, all Intellectual Property Rights therein. Subject to compliance with this Agreement, User may use the Output for any purpose. User hereby grants to Quillbot an unlimited, irrevocable, worldwide, non-exclusive, transferable, assignable, royalty-free, sublicensable right and license to use, store, reproduce, publish and publicly display, modify and create derivative works of the Output, and Intellectual Property rights which may be contained therein, as well as all other rights necessary to use and exercise all rights in the Output in connection with the Services and/or otherwise in connection with the Quillbot business for any purpose.

6. Prohibited Uses of the Services.
   User agrees that it may NOT: (i) use the Services or any content or information available through the Services for any unauthorized purpose including, without limitation, exceeding Submission limitations and acting beyond the scope of paid services or in violation of the policies and rules of the User’s employer or educational institution; (ii) interfere with or damage the Services including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Services; (iii) use the Services to collect, store, or distribute any information about any other person; (iv) use the Services to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third-party privacy rights; (v) use the Services to impersonate any person, company, or entity; (vi) modify, sublicense, assign, give, transfer, translate, sell, resell, reverse engineer, decipher, decompile, or otherwise disassemble any code, data, content, or information available through the Services or any software components used on or for the Services or access thereto; (vii) attempt to gain unauthorized access to the Services or their related systems or networks; (viii) use any third-party software or scripts to collect information from or through the Services; (ix) distribute, re-distribute, or permit transfer of the Services or content or information available through the Services in violation of any export or import law and/or regulation or restriction of the United States of America and its agencies or authorities, or without all required approvals, licenses or exemptions; (x) use the Services to disseminate, store, or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (xi) use the Services to disseminate, store, or transmit files, graphics, software or other material that actually, impliedly, or potentially infringes the copyright, trademark, patent, trade secret, trade name or other Intellectual Property Right of any person, entity, partnership, organization, association or otherwise; (xii) adapt, translate, or create any derivative works of the Services or merge the Services into any other software; (xiii) use the Services to display or promote spyware, adware, spam, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, the sale of tobacco or alcohol to persons under twenty-one (21) years of age, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non- transferable items such as airline tickets or event tickets, non-packaged food items, or weapons and accessories, or any other item prohibited under applicable law; (xiv) use the Services to create, train, or improve (directly or indirectly) any product, service, or platform, including any other machine learning algorithms or machine translation or paraphrasing systems; (xv) use or retain translated text or any other data on the Services for the purpose of creating, training, or improving (directly or indirectly) a translation service, product, or platform, including any other machine learning algorithms or machine translation or paraphrasing system; (xvi) display or make available, publicly, more than 300,000 characters of Output from the Services or input to and Output from the Services in proximate comparative fashion (e.g., side-by- side); (xvii) unless otherwise agreed by QuillBot and User in writing, use the Services to augment datasets to improve natural language processing systems; or (xviii) assist any third-party in doing any of the foregoing.

7. 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.

8. 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 QuillBot if User fails to comply with any provision of this Agreement. QuillBot 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.

9. Links.
   The Services may contain links to other Internet sites and resources, and User hereby acknowledges and agrees that: (i) QuillBot shall not be responsible for the availability of such external sites or resources; and (ii) QuillBot does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. User agrees that QuillBot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such website or resource.

10. Limited Liability.

    1. IN NO EVENT SHALL QUILLBOT, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS (“QUILLBOT PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: (I) THE AVAILABILITY OF THE SERVICES; (II) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD-PARTY, WHETHER ONLINE OR OFFLINE; (III) ANY CONTENT ON THE SERVICES; (IV) ANY GOODS OR SERVICES ACQUIRED AS A RESULT OF ANY INFORMATION OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; OR (V) ANY USE OF GOODS OR SERVICES MADE AVAILABLE ON ANY INTERNET RESOURCE OR WEBPAGE LINKED TO THE SERVICES. THE QUILLBOT PARTIES SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CELLULAR NETWORK, CABLE SYSTEM, COMPUTER EQUIPMENT, SERVER, PROVIDER, OR SOFTWARE. THE QUILLBOT PARTIES SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO USER’S COMPUTER OR EQUIPMENT RESULTING FROM ACCESS TO OR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING OR STREAMING, SERVER USE OR ACCESS, OR FOLLOWING LINKS ON THE SERVICES. USER ACCESSES THE SERVICES AT HIS/HER OWN RISK AND IS SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. THE QUILLBOT PARTIES SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR RECEIVED FROM THE SERVICES, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. THE QUILLBOT PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE SERVICES. THE QUILLBOT PARTIES SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT, BREACH, DESTRUCTION, OR ALTERATION OF USER'S COMMUNICATION. NO DATA OR INFORMATION OBTAINED FROM THE QUILLBOT PARTIES SHALL CREATE ANY WARRANTY.

    2. THE QUILLBOT PARTIES' AGGREGATE LIABILITY TO USER OR ANY THIRD-PARTY, IN ANY MATTER ARISING FROM OR RELATED TO THE SERVICES OR THE AGREEMENT, SHALL NOT EXCEED THE SUM OF TEN DOLLARS ($10.00).

    3. USER'S ACCESS OR USE OF ANY THIRD-PARTY INTERNET RESOURCE LINKED TO OR FROM THE SOFTWARE, OR USER'S USE OF GOODS OR SERVICES FROM THIRD-PARTY INTERNET RESOURCES LINKED TO OR FROM THE SOFTWARE, IS MADE AT USER'S OWN RISK. USER HEREBY RELEASES THE QUILLBOT PARTIES FROM ANY DAMAGES USER SUFFERS FROM USER'S ACCESS TO THIRD-PARTY INTERNET RESOURCES, AND USER AGREES NOT TO MAKE ANY CLAIMS AGAINST THE QUILLBOT PARTIES ARISING FROM ANY PURCHASE OR ACQUISITION OF GOODS AND SERVICES MADE AVAILABLE THROUGH THE SERVICES OR THROUGH THIRD-PARTY INTERNET RESOURCES.

    4. THE QUILLBOT PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE FAILURE, BY ANY PARTY, TO PROTECT USER PASSWORDS OR ACCOUNT INFORMATION. THE QUILLBOT PARTIES SHALL NOT BE LIABLE FOR ANY FAILURE OR PERFORMANCE DELAY UNDER THE AGREEMENT DUE TO CIRCUMSTANCES BEYOND THE QUILLBOT PARTIES' CONTROL INCLUDING, BUT NOT LIMITED TO, NATURAL CATASTROPHES, GOVERNMENTAL ACTS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM INTERRUPTIONS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION INTERRUPTIONS, OR ANY INABILITY TO ACQUIRE MATERIALS OR SUPPLIES. THE QUILLBOT PARTIES SHALL NOT BE LIABLE FOR ANY ILLEGAL, ABUSIVE, OR OTHERWISE INAPPROPRIATE ACTIVITY PERFORMED BY USER INCLUDING, WITHOUT LIMITATION, USING THE SERVICES TO INFRINGE THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT(S) OF ANOTHER. THE QUILLBOT PARTIES SHALL NOT BE LIABLE FOR COMPLIANCE OR LACK THEREOF BY ANY THIRD- PARTY VENDORS WITH RESPECT TO ANY APPLICABLE LAWS AND REGULATIONS.

11. Indemnification.

    1. Occurrence.
       User agrees to defend the QuillBot Parties to the fullest extent permitted by law, against any and all claims, demands and/or actions and indemnify and hold the QuillBot 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 QuillBot 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 QuillBot incurs in enforcing this Section including, without limitation, reasonable attorney's fees and costs.

    2. Procedures.
       QuillBot 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 QuillBot if such settlement would cause QuillBot to undertake any action, assume any liability, pay any monies, or acknowledge any wrongdoing or have a judgment entered against it. Notwithstanding the foregoing, QuillBot 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) QuillBot reasonably determines that an adverse outcome could be material to QuillBot's business; (iii) there are conflicts between User's and QuillBot's interests in such litigation; or (iv) QuillBot reasonably believes that User does not have the financial resources needed to satisfy its indemnification obligation in the event of an adverse outcome.

12. QuillBot Privacy Policy.
    User acknowledges that User’s use of QuillBot is subject to QuillBot’s Privacy Policy.

13. Take-Down Requests, DMCA.
    QuillBot expressly prohibits Users from uploading, posting, or otherwise distributing through the Services any content which may violate applicable laws, another party's Intellectual Property Rights, privacy, publicity, or other rights. User agrees to comply with QuillBot'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 QuillBot 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 QuillBot Services constitutes copyright infringement may be liable for damages.

14. Dispute Resolution Protocol.

    1. Controlling Law and Jurisdiction.
       This Agreement will be interpreted in accordance with the laws of the State of California and the United States of America, excluding the United Nations Convention on Contracts for the International Sale of Goods (“CISG”), without regard to its conflict-of-law provisions. User and QuillBot agree to submit to the personal jurisdiction of the state and federal courts located within San Francisco County, California, 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.

    2. 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 QuillBot agree to first attempt to negotiate the resolution any dispute, informally for at least thirty (30) days before initiating any arbitration or court proceeding.

    3. Other parties.
       User accepts that, as a corporation, QuillBot has an interest in limiting the personal liability of its officers and employees. User agrees that it will not bring any claim personally against QuillBot'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 QuillBot's officers, employees, agents, subsidiaries, successors, assigns, and sub- contractors as well as QuillBot.

    4. Binding Arbitration.
       All claims arising from use of the Services (except those disputes 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) will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one Party will be final and binding on the other. User understands that if either Party elects to arbitrate, neither Party will have the right to sue in court or have a jury trial. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes both of which are available at the AAA website http://www.adr.org. The Parties will submit briefs of no more than 10 pages and the arbitration hearing will be limited to two (2) days maximum. The arbitrator must apply California law and any award may be challenged if the arbitrator fails to do so. Unless otherwise agreed by the Parties, arbitration will take place in San Francisco, California. User's arbitration fees and User's share of arbitrator compensation will be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If User's claim for damages does not exceed $10,000, QuillBot will pay User's share of arbitration fees unless the arbitrator finds that either the substance of User's claim or the relief sought was frivolous or brought for an improper purpose as determined pursuant to Federal Rule of Civil Procedure 11(b). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing. The Parties may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

    5. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER.
       USER AND QUILLBOT AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN QUILLBOT AND USER INDIVIDUALLY. USER ACKNOWLEDGES AND AGREES THAT USER AND QUILLBOT ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE USER'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CONSOLIDATES, CLASS, OR REPRESENTATIVE PROCEEDING.

15. Miscellanea.

    1. Region Specific Terms.
       If User accesses and/or uses the Services from a location other than the United States, the Region-Specific Addendum contains specific terms that apply to the Services depending on where User resides and the applicable governing law. To the extent that (i) the terms of the Region-Specific Addendum apply and (ii) such terms conflict with this Agreement, the terms of the Region-Specific Addendum will control. “Region-Specific Addendum” means the addendum containing jurisdictional specific terms and exceptions, which can be found at the end of this Agreement, as may be updated by QuillBot from time to time in accordance with Section 15 hereof. If User accesses and/or uses the Services from other locations, User does so at User’s own volition and is entirely responsible for compliance with local law.

    2. 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.

    3. 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 QuillBot and User may agree in writing.

    4. 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.

    5. Remedies.
       The rights granted by QuillBot herein are of a special, unique, and intellectual nature, which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated for in damages in an action at law. In addition, User acknowledges that during the course of accessing or using the Services, User will or may have access to QuillBot's proprietary information, including, without limitation, code and related materials. Accordingly, the breach by User of the provisions of this Agreement concerning QuillBot's proprietary rights will cause QuillBot irreparable injury and damage for which QuillBot will be entitled, without posting any bond or security, to seek injunctive or other equitable relief. The granting of equitable relief will not be construed as a waiver of any other rights of QuillBot in law or in equity. To the extent permitted by applicable law, User agrees that the rights and remedies of User in the event of a breach of this Agreement by QuillBot shall be limited to the right to recover damages, if any, in an action at law, and in no event shall User be entitled to terminate or rescind this Agreement or enjoin or restrain QuillBot's use or exploitation of the Submissions.

    6. Assignment.
       QuillBot may assign any of its rights or delegate any of its obligations hereunder to any person or entity at any time without User's consent. User may not assign any of its rights or delegate any of its obligations hereunder to any person or entity without the prior written consent of QuillBot. Subject to the preceding sentence, this Agreement will apply to, be binding in all respects upon, and inure to the benefit of the successors and permitted assigns of the parties. Nothing expressed or referred to in this Agreement will be construed to give any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or with respect to this Agreement or any provision of this Agreement, except such rights as will inure to a successor or permitted assignee pursuant to this Section.

    7. California Consumer Complaints.
       Pursuant to Cal. Civ. Code. § 1789.3, user complaints or requests for further information may be sent to [email protected]. 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.

    8. Feedback.
       User agrees that any comment, review, recommendation, suggestion, feedback, or other similar input User submits to QuillBot related to QuillBot’s products, services, websites, applications, or technology (“Feedback”) may be used by QuillBot without any notice, obligation, restriction, reimbursement, or compensation to User and User waives (or agrees not to enforce) any and all rights that may now or in the future exist in any Feedback.

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

16. Open Source Software.
    The Services utilize the following open source components the source code for which can be downloaded from the accompanying URLs:

    1. JQuery (https://jquery.com/)

    2. NodeJS (https://nodejs.org/)

    3. Express (https://expressjs.com/)

    4. Flask (http://flask.pocoo.org/)

    5. React (https://reactjs.org/)

    6. CreateJS (https://createjs.com/)

    7. D3js (https://d3js.org/)

    8. Flaticon for images (https://www.flaticon.com/)

    9. Highlight within textarea (https://github.com/lonekorean/highlight-within-textarea)

    10. Pytorch (https://pytorch.org/)

    11. NextJs (https://nextjs.org/)

    12. NestJs (https://nestjs.com/)

17. Additional Terms Applicable to Team Plan Subscribers.
    These additional terms apply if you purchase a Team Plan or use QuillBot's Services under a Team Plan. For purposes of this section, “Owner” refers to the purchaser of a team plan with QuillBot (“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 QuillBot Services under the Team Plan, and “Administrator” refers to a Writer that has been granted permission by the Owner to add or remove Writers.

    1. 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.

    2. Use of Team Plan.

       1. Acceptable Use. QuillBot Services offered under the Team Plan are at all times subject to QuillBot's Terms of Service.

       2. Owner Responsibility. Owners of a Team Plan are responsible for:

          1. The use of the QuillBot Services under the Team Plan by any Writer, Administrator, and any new Writer invited by the Owner or an Administrator; and

          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.

       3. 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 Quillbot Services under the Team Plan shall not exceed the permitted number of Writers, Administrators, or other limits imposed by QuillBot, if any, at the time. Fees and conditions apply if the Owner wants to add additional Writers to the Team Plan.

    3. Effective Date, Term, and Renewal Term. The Effective Date for your Team Plan subscription will be the date, as determined by QuillBot, 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.

    4. Writer Account Termination and Team Plan Termination.

       1. 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 QuillBot's customer support team.

       2. Team Plan Termination. A Team Plan may be terminated at any time by the Owner in the Owner's account page or by contacting QuillBot'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.

       3. Pausing Your Team Plan. A Team Plan subscription cannot be paused. Writer accounts within a Team Plan subscription cannot be paused.

       4. 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.

    5. QuillBot Rights.

       1. Verification. QuillBot 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 QuillBot Services if, in QuillBot's reasonable judgment and in QuillBot's own discretion, a Writer cannot be verified. QuillBot reserves the right to investigate any violation or potential violation of QuillBot's Terms of Service or in cases of suspected fraud.

       2. Suspension. QuillBot may suspend all accounts under the Team Plan if:

          1. Owner, or any of Writers, including any Administrators, use of the QuillBot Services poses a risk to the Services, QuillBot (including, but not limited to, QuillBot's infrastructure, security, and third-party relationships), or QuillBot's other customers;

          2. Owner or any Team Plan users, including any Administrators, use the QuillBot Services in a manner that could subject QuillBot to liability;

          3. Owner's payment of the subscription fees of the Team Plan is late; or

          4. Owner or any Team Plan users, including any Administrators, are otherwise in breach of QuillBot's Terms of Service (including these Team Plan Terms), or in cases of suspected fraud.

          QuillBot will provide Owner with prompt notice of any suspension.

18. QuillBot’s Contact Details.

    QuillBot
    303 East Wacker, Suite 2101 Chicago, IL 60601
    United States of America
    phone no.:+1 (833) 982-1803
    
    You can also contact our customer service team through email at [email protected]

REGION-SPECIFIC ADDENDUM TO AGREEMENT

THE PROVISIONS BELOW MAY APPLY TO USERS LOCATED IN CERTAIN JURISDICTIONS.

EUROPEAN ECONOMIC AREA

The following provisions apply to Users located in the European Economic Area:

1. The following Section 14.f shall be added to the Agreement:

1. Complaints Procedure.
   User complaints or requests for further information may be sent to [email protected].
   
   The EU Commission provides an online platform for online settlements (OS platform). It can be accessed at https://ec.europa.eu/consumer/odr/ . QuillBot is neither willing nor obliged to participate in a dispute settlement proceeding before a consumer arbitration board.

2. The following Section 14.g shall be added to the Agreement:

1. Application and Consumer Protection.
   If User is a consumer, User’s right to bring a claim to enforce User’s consumer protection rights in connection with this Agreement also in the EU country in which User lives remains unaffected.

3. The following Section 19 shall be added to the Agreement:

19. Right of Withdrawal.

    1. General.
       User has the right to withdraw from this Agreement within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the day of the conclusion of the Agreement.
       
       User must inform QuillBot of User’s decision to withdraw from this Agreement. User may submit its request by contacting QuillBot (e.g., via letter sent by post or e-mail) or using the following model withdrawal form. To meet the withdrawal deadline, it is sufficient for User to send its communication concerning User’s exercise of the right of withdrawal before the withdrawal period has expired.

    2. Effects of Withdrawal.
       If User withdraws from this Agreement, QuillBot shall reimburse to User all payments received from User, including the costs of delivery (with the exception of the supplementary costs resulting from User’s choice of a type of delivery other than the least expensive type of standard delivery offered by QuillBot), without undue delay and in any event not later than fourteen (14) days from the day on which QuillBot is informed about User’s decision to withdraw from this Agreement. QuillBot will carry out such reimbursement using the same means of payment as User used for the initial transaction, unless User has expressly agreed otherwise; in any event, User will not incur any fees as a result of such reimbursement.

       Withdrawal Form

       To: QuillBot, 303 East Wacker, Suite 2101 Chicago, IL 60601 United States of America; [email protected]
       
       I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following products (*) services (*):
       _____________
       Ordered on (*)/received on (*):___________________
       Name of the consumer(s):______________________________
       Address of the consumer(s):__________________
       QuillBot account e-mail address of the consumer(s):_________
       Signature(s) of the consumer(s) (only if notice on paper):
       Date:
       (*) Delete as appropriate

    3. Exceptions to the Right of Withdrawal.
       The right to withdrawal does not exist or lapses, as the case may be, in the case of agreements regarding:
       
       

       • the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery;
       • the supply of goods made to customer specifications or clearly customized to personal needs;
       • a service if QuillBot has fully performed it and you acknowledged and expressly accepted before you placed your order that we could start to deliver the service, and that you could not cancel it once the contract had been fully performed;
       • the supply of digital content (including apps, digital software, ebooks, MP3, etc.) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you expressly accepted before your order has been executed and at the same time confirmed that we could start to deliver the content, and that you could not cancel it once delivery had started.

       End of Instruction on right of withdrawal

INDIA:

The following provisions apply to Users located in India:

1. The following Section 14.f shall be added to the Agreement:

1. Grievance Redressal.
   If you have any complaints, notices, or want to report any violations of Section 6 of this Agreement, please contact QuillBot’s Grievance Officer, Terry Park, at [email protected] .
   
   QuillBot’s team will endeavor to respond within an appropriate timeframe in accordance with applicable law.
   
   For all other general inquiries or issues concerning your account, please contact our customer service team through email at [email protected] .

FRANCE:

The following provisions apply to Users located in France:



1. Section 4.c.i is clarified to include the following provision: “In France, QuillBot uses Stripe and PayPal as designed PSP, which are authorized by the French Prudential Control Authority (“ACPR”) as a PSP.”
2. Section 10 does not apply in the event that User is a consumer within the meaning of the French Consumer Code.
3. Section 14.a is clarified to include the following provision: “If User is a consumer within the meaning of the French Consumer Code, this provision applies without prejudice to any mandatory legal provisions that the User may claim with regard to its consumer protection rights.”
4. Sections 14.c, d and e do not apply in the event that User is a consumer within the meaning of the French Consumer Code.
5. Section 15.g is entirely deleted and replaced as follows:

1. Complaints Procedure.
   Not with standing anything to the contrary in the Region-Specific Addendum for the European Economic Area, in the event that User is a consumer within the meaning of the French Consumer Code, User may submit any claims against QuillBot on the online platform provided by the International consumer protection and network enforcement (RICPC) that can be accessed at https://www.econsumer.gov/fr/GettingStarted/1?NextQID=1&SubID=1#crnt

6. The following Section 20 shall be added to the Agreement:

1. Contract Language. The contract language is French.

2. Information on Right to Withdrawal. If User is a consumer within the meaning of the French Consumer Code, User is informed that it does not benefit from a right of withdrawal on the subscription to the Services, to the extent that, in accordance with the statutory provisions applicable to the right of withdrawal, this right cannot be exercised for contracts for the provision of a service whose execution has begun with User’s agreement and express waiver of his right of withdrawal.

7. The following Section 21 shall be added to the Agreement:

21. Warranty Rights on Digital Services.
    If User is a consumer within the meaning of the French Consumer Code, the statutory warranty applicable to the conformity of the Services is applicable, in accordance with the conditions set out in the box below.

User has the right to invoke the legal guarantee of conformity in the event of a lack of conformity during the term of the Agreement. During this period, User is only required to establish the existence of the lack of conformity of the Services, and not the date of its appearance.

The legal warranty of conformity implies an obligation to provide all updates necessary to maintain the conformity of the Services during the term of the Agreement.

The legal guarantee of conformity entitles User to have the Services brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.

User may obtain a reduction in price by retaining the Services, or he may terminate the Agreement by obtaining a full refund against renunciation of the Services, if:

1. QuillBot refuses to bring the Services into conformity.
2. The compliance of the Services is unjustifiably delayed.
3. The Services cannot be brought into conformity without imposing costs on User.
4. Bringing the Services into conformity causes major inconvenience to User.
5. The non-conformity of the Services persists despite QuillBot's unsuccessful attempt to bring it into conformity.

User is also entitled to a price reduction or to rescission of the Agreement when the lack of conformity is so serious as to justify immediate price reduction or rescission of the Agreement. In such cases, QuillBot is not obliged to ask for the Services to be brought into conformity beforehand.

In cases where the lack of conformity is minor, User only has the right to cancel the Agreement if the Agreement does not provide for the payment of a price. Any period during which the Services are unavailable in order to be brought back into conformity suspends the remaining warranty period until the Services are once again brought back into conformity.

These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

If QuillBot obstructs the implementation of the legal guarantee of conformity in bad faith, it is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).

User also benefits from the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles User to a price reduction if the Services are retained, or to a full refund in exchange for renouncing the Services.

GERMANY:

The following provisions apply to Users located in Germany:

1. Section 4.c.i is clarified to include the following provision: “In Germany, QuillBot uses Stripe and PayPal as designed PSP, which are authorized by the German Federal Financial Supervisory Authority (“BaFin”) as a PSP. Stripe’s Terms of Service is available at https://stripe.com/legal/end-users , and the PayPal User Agreement is available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE.

2. The first sentence in Section 4.c.v is hereby deleted and replaced with the following: IF USER PAYS FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON QUILLBOT'S SERVICES OR A SOCIAL NETWORKING SITE AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND USER DOES NOT CANCEL USER'S SUBSCRIPTION AS SET FORTH IN THIS SECTION 4, USER'S SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE MONTHLY RENEWAL PERIODS (FOR EXAMPLE, UNLESS USER CANCELS, A ONE YEAR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AFTER THE INITIAL YEAR).

3. The following Section 20 shall be added to the Agreement:

   20. Information and Consumer Protection.

       1. Warranty Rights. If User is a consumer in terms of Section 13 German Civil Code (“BGB”), the statutory warranty rights remain unaffected.

       2. Contract Language. The contract language is German.

       3. Text of the Contract. QuillBot stores the text of the contract. The text of the contract is not accessible to User.

          Information on Right to Withdrawal. If User is a consumer in terms of Section 13 German Civil Code (“BGB”), User shall have the right of withdrawal for paid services applied, as set forth in the Region-Specific Addendum for the European Economic Area.

SPAIN:

The following provisions apply to Users located in Spain:

1. The following paragraph shall be added to the end of Section 3 of the Agreement:
   
   The foregoing shall be replaced by the following sentence if the User is a consumer in terms of Article 3 of the Spanish Consumer Protection Law:
   
   QuillBot warrants that the Services will be provided in accordance with the description of the Services.

2. Section 4.c.i is clarified to include the following provision: “In Spain, QuillBot uses Stripe and PayPal as designed PSP, which are authorized by the Spain Financial Supervisory Authority as a PSP.”

3. Section 8 is clarified to include the following provision:
   
   In the event that User is a consumer in terms of Article 3 of the Spanish Consumer Protection Law, the following shall apply:
   
   If the User seriously breaches the terms of this Agreement, QuillBot may unilaterally terminate it, informing the User by email of the time at which the termination occurs and the reasons for it. If QuillBot decides to terminate the Agreement for any other reason, it will inform the User of the termination and give at least ten (10) days' notice.

4. The following Section 10.e shall be added to the Agreement:

5. In the event that User is a consumer in terms of Article 3 of the Spanish Consumer Protection Law, the following shall apply:
   
   QuillBot will be liable for any damage you suffer as a result of any gross negligence or willful misconduct on our part, including on the part of our directors and legal representatives.
   
   We will also be liable for our failure to comply with our obligations under the Agreement that were essential to the provision of the Services and on which you, as a User, based your decision to contract us. In this case, we will only be liable for those damages that were foreseeable to both parties when you entered into this Agreement.
   
   Nothing in this Section affects your rights as a consumer under applicable law, nor does it limit or exclude our liability for death, personal injury, damage to health, breach of warranty or fraudulent concealment of any product defect.
   
   We shall not be liable for any delay or failure to perform our obligations under the conditions if such delay or failure is attributable to unforeseeable circumstances beyond our reasonable control.

5. Section 11.a is entirety deleted and replaced as follows:
   
   User agrees to defend the QuillBot Parties to the fullest extent permitted by law, against any and all claims, demands and/or actions and indemnify and hold the QuillBot Parties harmless from and against any and all losses, damages, costs and expenses, including reasonable attorney's fees, (each a “Claim”), 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) 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 (iii) any expenses QuillBot incurs in enforcing this Section including, without limitation, reasonable attorney's fees and costs.

6. The following Section 20 shall be added to the Agreement:

   20. Information and Consumer Protection.

   1. Contract Language. The contract language is Spanish.

   2. Information on Right to Withdrawal. If User is a consumer in terms of Article 3 of the Spanish Consumer Protection Law, User shall have the right of withdrawal for paid services applied, as set forth in the Region-Specific Addendum for the European Economic Area.

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