Terms & Conditions
Terms & Conditions

Last updated and effective date: 13 Feb 2025

PLEASE READ THESE TERMS & CONDITIONS (“AGREEMENT” OR “TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY WRITYFUL AI, A PRODUCT BY SEMIDA UG (HAFTUNGSBESCHRÄNKT). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WRITYFUL AI SERVICE AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, AND FUNCTIONALITIES OFFERED FROM TIME TO TIME BY SEMIDA UG (HAFTUNGSBESCHRÄNKT) IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE(S)”). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

“The Site” refers to the website operated by SEMIDA UG (haftungsbeschränkt) for Writyful AI, as well as any associated applications, services, features, content, and functionalities offered by SEMIDA UG (haftungsbeschränkt) for Writyful AI.

1. Acceptance of Terms

The Service is offered subject to acceptance without modification of all of these Terms and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by Writyful AI. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Writyful AI from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

Writyful AI may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

2. User Eligibility

The Services offered by Writyful AI are intended solely for use by businesses and organizations, and not for private individuals or consumers acting outside of their trade, business, craft or profession. By using the Service, you represent and warrant that you are using the Service on behalf of a business or organization and not in your capacity as a private individual or consumer.

3. Description of Service

Writyful AI is an AI-powered content generation tool that utilizes user-provided “Knowledge” as context to generate articles and other written content. “Knowledge” can be provided in the form of documents, text input, or website URLs. By using Writyful AI, you can upload documents, input text, or provide website URLs to be scanned and used as context for content generation.

4. Rules and Conduct of Use

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any generated content or our models or derivatives of our models) that:

  • Permissions for Knowledge: You are solely responsible for ensuring that you have all necessary rights, licenses, and permissions to use the “Knowledge” you provide to Writyful AI, including but not limited to documents, text, and website URLs.
    • Documents and Text: You warrant that you own or have the necessary permissions to use and upload any documents or text you provide as Knowledge.
    • Website Crawling: You warrant that you have the legal right to crawl and process the content of any website URL you provide as Knowledge and that such crawling and processing is in compliance with the website's terms of service and applicable laws.
  • Lawful and Ethical Use: You agree to use the Service for lawful and ethical purposes only and in compliance with all applicable laws, rules, and regulations.
  • Prohibited Content Generation: You shall not use the Service to generate content that is:
    • unlawful, illegal, or promotes illegal activities;
    • infringing upon any intellectual property or other right of any other person or entity;
    • threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
    • exploits, abuses, or endangers children;
    • generates or disseminates verifiably false information with the purpose of harming others;
    • impersonates or attempts to impersonate others;
    • generates or disseminates personally identifying or identifiable information of others without consent;
    • implies or promotes support of a terrorist organization;
    • condones or promotes violence against people based on any protected legal category;
    • discriminatory based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic;
    • misleading or deceptive, including but not limited to generating deepfakes or misinformation.
  • Service Integrity: You shall not (directly or indirectly):
    • take any action that imposes or may impose an unreasonable or disproportionately large load on Writyful AI’s (or its third party providers’) infrastructure;
    • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
    • bypass any measures Writyful AI may use to prevent or restrict access to the Service (or parts thereof);
    • use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API;
    • reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law); and
    • reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without our express written permission.
  • Prohibited Uses of the Site: You are prohibited from using the Site for the commission of harmful or illegal activities and activities violating these terms. This includes all points mentioned above and also the points mentioned in the former "Prohibited Uses of the Site" Section.

5. Free Plan and Paid Plans; Credits

  • Free Plan: Writyful AI offers a free plan to allow users to explore the Service’s functionalities for evaluation and testing purposes only. Content generated under the free plan is not licensed for commercial use unless you upgrade to a paid subscription.
  • Paid Plans: Writyful AI offers various paid subscription plans that provide access to the full functionality of the Service and permit commercial use of generated content, subject to these Terms.
  • Credits: Each subscription plan, including the free plan, includes a specific amount of credits. Credits are consumed based on the usage of the Service, generally related to the number of words generated. The specific credit consumption rate may vary depending on the features and functionalities used.
  • Credit Expiration: Credits granted under a subscription plan will expire six (6) months after the end of the contract period (e.g., monthly or yearly subscription period) in which the credits were added to your account. For one-time credit purchases, credits will expire six (6) months from the date they are credited to your account. This expiration applies unless otherwise specified in your plan details. Unused credits will be forfeited upon expiration.
  • Plan Changes: Writyful AI reserves the right to modify the features, credit allocation, pricing, and terms of its subscription plans at any time. Changes to paid subscription plans, including price increases, will be announced at least six (6) months in advance via email to the email address associated with your account and will take effect at the next billing cycle.

6. Fees and Payments

  • Subscription Fees: Access to paid plans requires payment of subscription fees (“Fees”) as specified on the Site. Fees are payable in advance for the subscription period chosen (e.g., monthly, yearly).
  • Automatic Renewal and Cancellation: Subscriptions will automatically renew for the same period of time after the agreed term unless you cancel your subscription prior to the renewal date. You can manage and cancel your subscription through your account settings on the Site. You can cancel your paid subscription at any time without notice by switching to the free plan. Downgrading to the free plan via your plan settings will prevent future charges, and your paid subscription benefits, including access to paid features, will continue until the end of the current billing cycle. After the current billing cycle ends, you will revert to the free plan features. Please note that your right to commercially use content is governed by Section 10 "Licensing Terms".
  • Subscription Upgrades: You may upgrade your subscription plan at any time. If you choose to upgrade your plan, you will be credited with a pro-rata amount of credits for the remaining period of your original subscription, minus the credits already credited from your original subscription. The fees for the upgraded subscription will be calculated pro-rata for the remaining duration of your current billing period, reflecting the price difference between your old and new subscription, and this amount will be charged immediately.
  • Subscription Downgrades: While you can upgrade your subscription at any time, downgrading your subscription plan to a lower tier or the free plan will be effective only at the end of your current billing period. You must manage any downgrade request before your next billing date to avoid being charged for the subsequent period at the current, higher subscription level.
  • Credit Soft-Cap and Negative Balance: Your use of the Service's features may, in some cases, result in credit consumption exceeding your current credit balance, leading to a negative credit balance. In such instances, the current action or content generation process will be completed. However, any negative credit balance will be automatically deducted from your credit balance upon your next credit recharge, such as your next subscription renewal or a separate credit purchase.
  • No Refunds: Due to the immediate access to the Service and the computational resources involved, Fees are non-refundable. No refunds or credits will be provided for partial subscription periods or unused credits, except as may be required by law.
  • Price Changes: Writyful AI reserves the right to change its prices and subscription offerings at any time. For existing subscription plans, price changes will not apply until your next renewal date, provided that you will be notified of any price increase at least six (6) months prior to the renewal via email.
  • Taxes: Unless otherwise stated, Fees are exclusive of all taxes, duties, levies, or other governmental assessments of any nature (“Taxes”). You are responsible for paying all Taxes associated with your use of the Service.
  • Late Payments: If any Fees are past due, Writyful AI may suspend your access to the Service after providing you with written notice of late payment.
  • Free Plan Abuse: You may not create multiple accounts to benefit from the Free plan. If Writyful AI believes you are abusing the Free plan or using it for purposes other than exploration and testing, Writyful AI reserves the right to charge you standard Fees or terminate your access to the Services.

7. Licensing Terms & Intellectual Property

  • Your License to Use the Service: Subject to your compliance with this Agreement, the conditions herein and any limitations applicable to Writyful AI or by law: (i) you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or organizational use, depending on your subscription plan.
  • Ownership of Generated Content: (ii) subject to your lawful use of Knowledge and compliance with these Terms, you own the generated articles you create with the Service. This ownership and the right to use generated content commercially is conditional upon your subscription status at the time of generation, as further detailed below. (iii) we hereby assign to you all rights, title and interest in and to such generated articles for your personal or commercial use, under the following conditions:
    • Content generated under a paid subscription: You retain the right to use content generated while you had an active paid subscription, even after your paid subscription ends.
    • Content generated under a free plan: You may use content generated under the free plan commercially only if you upgrade to a paid subscription. Upon upgrading to a paid subscription, the commercial use restriction is lifted for previously generated free plan content.
  • Writyful AI's License to Use User Input and Generated Content: By using the Services, you grant to SEMIDA UG (haftungsbeschränkt), its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare Derivative Works of, publicly display, publicly perform, sublicense, and/or distribute text prompts, uploaded Knowledge, and generated content for the purposes of providing, maintaining, promoting, and improving the Services, including model training and development, as well as to comply with applicable law and enforce our policies. You agree that this license is provided with no compensation paid to you by SEMIDA UG (haftungsbeschränkt) for your submission or creation of content, as the use of the Services by you is hereby agreed as being sufficient compensation for the grant of rights herein. The license to SEMIDA UG (haftungsbeschränkt) survives termination of this Agreement by any party, for any reason.
  • Site Content and Intellectual Property Rights: Unless otherwise expressly indicated by Writyful AI, all content displayed or made available on the Site, including without limitation, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, is owned by SEMIDA UG (haftungsbeschränkt), its affiliates, licensors and/or other third parties (“Site Content”). The Site and all Site Content are protected by copyright, trade dress, trademark, moral rights, and other intellectual property laws in Federal Republic of Germany and other international jurisdictions. All such rights are reserved. All registered and unregistered trademarks, logos, and service marks are the property of SEMIDA UG (haftungsbeschränkt) and/or their respective owners. Nothing displayed or accessed in connection with the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed in connection with the Site without the owner’s prior written permission, except as otherwise described herein.
  • Trademarks and Patents: All Writyful AI logos, marks and designations are trademarks of SEMIDA UG (haftungsbeschränkt). All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of SEMIDA UG (haftungsbeschränkt) or their respective owners. Portions, features and/or functionality of Writyful AI’s products may be protected under SEMIDA UG (haftungsbeschränkt) patent applications or patents.

8. Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICE (INCLUDING, WITHOUT LIMITATION, THE WRITYFUL AI WEBSITE AND ANY GENERATED CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WRITYFUL AI DOES NOT WARRANT THAT (A) THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS, (B) ACCESS TO AND USE OF THE SITE AND SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICE WILL BE ACCURATE OR RELIABLE. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND LEGALITY OF ANY GENERATED CONTENT BEFORE PUBLICATION OR USE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

WRITYFUL AI reserve the right in our sole discretion to modify or discontinue, temporarily or permanently, the Site or Service (or any part thereof) with or without notice. You agree that WRITYFUL AI will not be liable to you or to any third party for any modification or discontinuance of the Site or Service, except as set forth in the “Limitation of Liability” section below.

You understand that we are not responsible for any activities or legal consequences of your use of the Site and Service. Users are responsible for using the Site and Service in compliance with all applicable laws and regulations of the Federal Republic of Germany.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WRITYFUL AI, SEMIDA UG (HAFTUNGSBESCHRÄNKT), ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, SHALL ONLY BE LIABLE FOR DIRECT DAMAGES, AND NOT FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. THIS LIMITATION APPLIES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE OR THE SITE, AND EVEN IF WRITYFUL AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF LIABILITY FOR DIRECT DAMAGES, THE AGGREGATE LIABILITY WILL BE LIMITED TO THE FEES PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR A MAXIMUM OF 100 USD IF NO FEES WERE PAID. HOWEVER, THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO DAMAGES CAUSED BY GROSS NEGLIGENCE (GROBE FAHRLÄSSIGKEIT) OR INTENT (VORSATZ) ON THE PART OF WRITYFUL AI, SEMIDA UG (HAFTUNGSBESCHRÄNKT), ITS LEGAL REPRESENTATIVES, OR SENIOR EXECUTIVES (LEITENDE ANGESTELLTE) .

IN NO EVENT SHALL SEMIDA UG (haftungsbeschränkt) OR ITS OWNERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH USE OF THIS APPLICATION.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR SERVICE OR THESE TERMS MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

10. Indemnification

You shall defend, indemnify, and hold harmless SEMIDA UG (haftungsbeschränkt), its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, (ii) your violation of these Terms or any applicable law, contract, policy, regulation or other obligation, or (iii) your use of Knowledge that infringes on the rights of any third party or for which you did not have proper permissions. Writyful AI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Writyful AI in connection therewith.

11. Termination

Writyful AI may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. Reasons for termination may include, but are not limited to, violation of these Terms. You may terminate your account at any time by following the instructions on the Service, including downgrading to the free plan. Any fees paid hereunder are non-refundable upon termination, regardless of the reason for termination. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

12. DMCA and Takedowns Policy

Writyful AI utilizes artificial intelligence systems to produce content based on user-provided Knowledge. While we strive to avoid infringement, generated content may unintentionally be similar to copyrighted material or trademarks held by others. We respect the intellectual property rights of others and ask our users to do the same. If you believe your copyright or trademark is being infringed by content generated through the Service, please write to [email protected] with a detailed notice of alleged infringement, and we will process and investigate your request and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. The courts of Munich, Germany shall have exclusive jurisdiction to settle any dispute arising from or related to these Terms or the Service.

14. Waiver and Severability

If you do not comply with a portion of these Terms and we do not take action right away, this does not mean we are giving up any of our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.

15. Entire Agreement; Construction

These Terms contain the entire agreement between you and SEMIDA UG (haftungsbeschränkt) regarding your use of the Site and Service and supersede any prior or contemporaneous agreements, communications, or understandings between you and SEMIDA UG (haftungsbeschränkt) on that subject.

16. Assignment and Delegation

You may not assign or delegate these Terms or any rights or obligations under these Terms without the prior written consent of Writyful AI. Any attempted or purported attempted assignment or delegation shall be null and void and will automatically terminate your right to use the Site and Service. SEMIDA UG (haftungsbeschränkt) may assign, transfer or delegate any of its rights and obligations hereunder without consent.

17. Notices

All notices to SEMIDA UG (haftungsbeschränkt) under these Terms, unless otherwise specified, shall be sent to [email protected]. Service of any notice will be deemed given on the date of receipt delivered by email.

18. Changes to these Terms

We may change or modify these Terms by posting a revised version on the Site or by otherwise providing notice to you, and we will state at the top of the revised Terms the date they were last revised. Changes will not apply retroactively and will become effective no earlier than fourteen (14) calendar days after they are posted, except for changes addressing changes made for legal reasons, which will be effective immediately. Your continued use of the Site and Service after any change means you agree to the new Terms.

19. Privacy

Writyful AI’s Privacy Policy, available at Privacy Policy, explains how we collect, use and disclose information that pertains to your privacy. By accessing or using the Service, you acknowledge and agree to be bound by the terms of the Privacy Policy, which is incorporated into these Terms by this reference.

20. Contact Us

For questions regarding the Service or these Terms, you can get in touch by emailing us at [email protected].