Terms of Service Agreement for EffectCheck.com
Description of the Service
The Service enable users of www.effectcheck.com to enter text that is intended to be representative of a form of communication and have ETI’s software analyze that text for the likely lexical emotional effect it will evoke in a reader. The service is offered for a charge, which is currently $7/month for a personal version that is limited to categories associated with personal writing, such as request letters, thank you letters, and complaint letters, and $49/month for a business version that includes categories that relate to professional writing, marketing, press releases, and forth. Other versions of ETI’s software may be customized at additional charge. The charge for personal and business versions are on a per license basis. Multiple users at a location may use a single license but two or more users may not use the Service at the same time. This requires multiple site licenses and login/password provisions. You acknowledge and agree that ETI may establish revised practices and policies concerning use of the Service, including without limitation, the maximum size of the text that a user may enter and send through the Service, the maximum number of times a user may access the Service in a given period of time, and other facets of the Service.
The only software needed to access the Service is a standard Web browser. ETI does not represent that it will support all Web browsers and some Web browsers may generate errors or fail to display graphics of the Service correctly. ETI may make certain software applications available to users that offer additional ways to access the Service. Such software will be made available by ETI under the terms of an end-user license agreement, which you should read prior to installing that software.
Your use of www.effectcheck.com requires an account, which is accessed with a username/password. To use the Service and analyze your text, you must be at least 18 years old, and agree to the Terms of Service. You agree to take sole responsibility for any activities or actions that you take at www.effectcheck.com. You will immediately notify ETI of any known unauthorized use of your account. ETI will have no liability for failure of the system to process any text entered into the system, nor for the results that the software used provides as a result of entering text into the system. While the results generated are reflective of typical emotions associated with words and phrases, and ETI may modify results based on selected features such as gender, age, and site location, ETI makes no representation of accuracy or effectiveness of its analysis and no guarantee of how another person will respond emotionally to any stimulus should ever be assumed. Quite directly, if someone doesn’t respond to your text in the manner that the System suggests, that is to be expected. There is always someone who does not respond in the way that is expected. The System is designed to reflect typical lexical emotional associations with words and phrases. You acknowledge that in addition to the variability of personal reaction to lexical emotional associations, other factors can and do influence a recipient’s reactions, including the context of the communication, which is explicitly not evaluated with the Service.
Billing, Cancellation, Rights to Terminate
By starting your account, you are expressly agreeing that ETI is authorized to charge you a monthly membership fee at the then current rate for the type of service you sign up for. Please note that prices and charges are subject to change without notice. Changes will appear in the Terms of Service agreement available on the website. As used in these Terms of Service, “billing” shall indicate either a charge or debit, as applicable, against your method of payment. If the day of the month when you start your account is between 1 and 14, the charge will be assessed at the start of your account and on the first of each month thereafter unless and until you cancel your membership. If the day of the month is between 15 and 31 the charge will be assessed immediately and your paid time will continue through the subsequent month. ETI is not responsible for any charges assessed by your bank, credit card issuers, or any other financial service provider in paying via your chosen payment method. Account rights are paid in full at the start of each new month; they are nonrefundable and no refunds or credits will be given for partially used periods. Your account will continue month-to-month unless and until you cancel your account or ETI terminates it. You may cancel your account at any time. You must cancel your account before it renews each month to avoid billing of the next month’s fees to your method of payment. ETI will bill the monthly account fee using the method of payment that you provide during account registration. To cancel, visit the Your Account page on www.effectcheck.com and follow the instructions for cancellation. ETI reserves the right to terminate or restrict your use of our service, without notice, for any reason or no reason whatsoever.
Responsibility for Data
You have sole responsibility for all text that you enter on www.effectcheck.com and the servers it uses through use of the Service. You acknowledge and agree that ETI will not be responsible for any failure of the Service, for the corruption of or loss of any data, information or content contained in a text entered into the system.
You will not use the service to transmit, copy, or in any way provide any material that infringes any copyrights or otherwise violates or promotes the violation of the intellectual property rights of any third party. ETI does not accept any responsibility for any materials that are entered into the System.
All right, title, and interest in and to the Service is and will remain the exclusive property of ETI and its licensors. The Service is protected by copyright, trademark, patents, and other laws of both the United States and foreign countries. You may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, reverse engineer, or otherwise use the Service other than as intended in the description of service.
Ownership of Entered Data
EIT does not claim any ownership rights in any data that you make available through the Service. By making data available through the Service, you grant ETI the non-exclusive, worldwide, transferable right, on a royalty-free basis, with a right to sublicense this right only to third parties assisting ETI in providing the Service, to use, copy, distribute and process that data on the Sites and through the Service on your behalf to facilitate the analysis of your text. ETI does not archive any text that is entered via the Service and retains the text only as long as you process that text using the Service. Your web browser(s) could potentially store the data entered into the Sites and Service by caching the data on the webpages that are/were being viewed. It is your responsibility to clear the browser cache by exiting/closing your web browser after using ETI. ETI will not be held liable for any data cached by any web browser(s).
Trademarks and Patents
EffectCheck, the EffectCheck logo, and all other ETI trademarks, service marks, product names, and trade names of ETI appearing on the Service are owned by ETI. All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner’s prior written consent. The Service relies in part on patents issued by the US Patent Office and the Canadian Patent Office. Other patents are pending.
Third Party Functionality
Certain features and functionality of the Service are implemented through use of software or technology that is licensed to ETI by third parties, and incorporated in the Service. This includes the graphical displays used in the Service. You acknowledge that you have no rights to the functionality offered by third parties to ETI.
As a condition to your use of the Service, you agree not to:
Upload or transmit any data: (i) that you do not have the lawful right to copy, transmit, distribute, and display (including any data that would violate any confidentiality or fiduciary obligations that you might have with respect to the data); (ii) for which you do not have the consent or permission of each identifiable person in the data to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the data); (iii) that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (iv) that is false or misleading; (v) that is defamatory; (vi) that is obscene, pornographic, or offensive; (vii) that promotes bigotry, racism, hatred, or harm against any individual or group; or (viii) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; Access, tamper with, or use any non-public areas of the Service or ETI’s computer systems or the technical delivery systems of ETI’s providers; Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks; Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or associated intellectual property used to provide the Service; Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service; Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services; Impersonate or misrepresent your affiliation with any person or entity. ETI will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. ETI may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although ETI has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. ETI reserves the right at all times to disclose, in its sole discretion, any data provided as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what ETI considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.
ETI makes no direct effort to ascertain the nature of any user data entered in the System.
The Service may contain links to third-party websites. You acknowledge and agree that ETI is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by ETI of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
ETI performs system maintenance on a regular basis to ensure quality of service. ETI uses commercially reasonable efforts to ensure that the Service is available for use during this time or provides notice that the Service will be halted for a period of time. ETI assumes no liability for any disruption of its Service for any reason whatsoever.
ETI reserves the right to discontinue the Service or to change the Service at any time and without notice. If you breach this Agreement, ETI will have the right to terminate this Agreement immediately, without notice.
Disclaimer of Warranties
The Service is provided "AS-IS," without warranty of any kind, either express or implied. Without limiting the foregoing, ETI explicitly disclaims any warranties of merchantability, fitness for a particular purpose, and non-infringement. ETI makes no warranty that the Service will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that although ETI cannot envision a plausible situation for which this would occur, ETI will not be responsible for any damages to your computer system, the computer system of any third party, or any other damages of any kind that result from use of the Service.
You will defend, indemnify, and hold harmless ETI, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of this Agreement, including without limitation third party claims that data submitted to the Service by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.
Limitation of Liability
In no event will ETI be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the Service or any data sent through, stored, or downloaded from the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not ETI has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose.
Controlling Law and Jurisdiction
This Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the state and federal courts located in San Diego County, California, and you waive any objection to jurisdiction and venue in such courts.
This Agreement is the entire and exclusive agreement between ETI and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between ETI and you regarding the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ETI services, affiliate services or third-party content software or services.