This website www.homerwritingapp.com (the "Website") and all services available on the Website (the "Services") is owned and operated by WHS Analytics LLC ("Company," "Homer," "we," "us").
These Terms and Conditions ("Terms") apply to all visitors, users and others who access or use the Website or Services ("you" or "user"). By viewing or using this Website and Services, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not view or use this Website and Services.
You are unable to accept these Terms provided:
Our web-based Services allows users who register for an account (each an "Account Holder") to upload, analyze, update, store and download its documents. Once registered, each Account Holder receives his, her or its own account may use Services in full after starting a trial period or subscribe and pay Service Fee on a monthly or annual basis.
Any new features on the Website or Services shall be subject to these Terms.
To use the Services, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. Also, you must provide all equipment necessary to make such a connection to the Internet, including a web-enabled computer or device.
The Services may include certain communications from us, such as service announcements, administrative messages. These communications are considered part of a membership. You may not access the Services by any means other than through the Services interfaces we provide you.
Our Website and Services for the general public, but users of the Services must be 18 years of age or older. If you are under the age of 18, then you are not permitted to register for an account with Homer without permission by a parent or guardian. If you are under the age of 18, do not use the Services.
To register as an Account Holder, you must provide us with a valid email address, username and other information ("Registration Data"). You will choose a password and account designation for your account during the registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of the use of the Services, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Homer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Website and Services or any portion thereof.
You are responsible for maintaining the security of your account, for all activities that occur or actions taken under the account or in connection with the Website and Services. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
By using the Website and Services, you consent to the Company processing and transferring the user data as necessary for us to provide you with this service and enable you to use the Website and Services. Such user’s information is used to execute an agreement with you as described in these Terms.
By providing any personal data for us you guarantee that it has been obtained legally and you have the right to use it.
We respect your confidentiality. We keep your documents confidential and private and do not share them with third parties, we analyze recognition patterns and collect general statistics. We use reasonable technical and organizational measures to ensure the privacy of access to your documents and to counteract data leaks. Our employees and contractors do not have direct access to your documents and the ability to copy or change them. In the event of a technical need for access to your documents or parts thereof, such persons are bound by a non-disclosure obligation.
Homer does not claim ownership of your uploaded documents.
By uploading your docs on the Services you grant to the Company a perpetual, royalty-free, non-exclusive, irrevocable, restricted, worldwide license to use, analyse, adapt, transmit and display your docs for you through the Website.
All content included on the Website and Services (exclude user content and uploads), such as text, graphics, logos, button icons, images, audio, video, digital downloads, data compilations, and software, is the property of Homer or its service providers and protected local and international copyright and trademark laws. We reserve all rights that are not expressly granted to you under these Terms.
This Website and Services or any of its parts may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, audio, video, digital downloads, databases, or other media content, page layout) of Homer without express written consent.
All software used on the Website and Services is the property of Homer, its affiliates or its software suppliers and is protected by local and international copyright laws.
Your license to use this Website and Services is a non-exclusive, non-transferable license to use the content and Website for private use only. You must not use the content commercially, broadcast it, lease, rent, sublicense, publish, modify, adapt, or translate any portion of it without express permission from us and, if the publisher is another company or person, additionally from the publisher.
Nothing in these Terms grants you a right to use any Homer marks and other our intellectual property. Any unauthorised use terminates the permission or license granted by Homer.
We welcome your feedback. Feedback submitted through the Website or otherwise is non-confidential and becomes the sole property of Homer. We own the intellectual property rights in and to such feedback and are entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgement to you.
You must not use any means to bypass or disable any encryption, security, or authentication mechanism to gain unauthorized access or to interfere with any account, service, software or network connected to the Website.
Your permission to use the Website and/or Services is conditioned upon the following use restrictions:
We retain the right to terminate any account or user who has violated any of the above prohibitions.
Service Fee and Payment
Users agree to pay fees as defined by the Company in the pricing section of the Website. Client shall pay a fee for the Services (Service Fee) at Company's current rates via Website.
Users can pay on a monthly or annual basis for their sole discretion until cancellation.
Payment shall be in US dollars in full.
All payments required by these Terms are exclusive of any state, local and foreign taxes, duties, tariffs, levies, withholding and similar assessments (including without limitations, sales taxes, value-added taxes, etc.), and User agrees to bear and be responsible for the payment of all such charges, excluding taxes based upon Company net income.
All amounts payable by User hereunder, including all Service Fees, shall be grossed-up for any withholding taxes imposed by any foreign government on User's payment of such amounts to the Company.
Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and penalties, interests, and other additions thereto) that are imposed on that party upon or concerning the transaction and payments under these Terms.
Our payment service provider will automatically bill you from the date of your subscription and on each periodic renewal until cancellation.
No Refunds. All Service Fee is non-refundable, except for those required by applicable law, but you can cancel at any time your subscriptions. Please note! Our payment service provider terms and conditions may be applied additionally during the payment and purchasing process.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
You agree to indemnify and hold harmless the Company, our contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the Website and/or Services, including but not limited to your violation of these Terms.
Limitation of Liability
USER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY OUTLINED THESE TERMS, THE COMPANY HAS NOT MADE ANY REPRESENTATION OR WARRANTY TO USER REGARDING THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DISCLAIMS ANY IMPLIED WARRANTY FOR TITLE, NON-INFRINGEMENT, MERCHANTABILITY, DESIGN, CONDITION, DURABILITY, PERFORMANCE, QUALITY, CAPACITY OR TECHNICAL COMPATIBILITY OF THE SERVICES OR FITNESS OF THE SERVICES FOR A PARTICULAR PURPOSE. USER AGREES THAT THE COMPANY WILL NOT BE LIABLE FOR EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHICH ARISE DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE, USE OF AND/OR INABILITY TO USE THE SERVICES WHETHER SUCH DAMAGES ARE BASED UPON CONTRACT, TORT, INTENTIONAL CONDUCT, EQUITY OR UNDER SOME OTHER THEORY, INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY, WHETHER THE POSSIBILITY OF SUCH DAMAGES, WAS MADE KNOWN TO OR WAS FORESEEABLE BY THE COMPANY AND WHETHER SUCH DAMAGES ARE ASSERTED BY USER OR SOME THIRD PARTY. USER FURTHER ACKNOWLEDGES THAT COMPANY'S MAXIMUM AGGREGATE LIABILITY TO USER UNDER ANY LEGAL THEORY (INCLUDING ITS OWN NEGLIGENCE) FOR DAMAGES ARISES DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE, USE OF AND/OR INABILITY TO USE THE SERVICES WILL NOT, IN ANY EVENT, EXCEED THE LESSER OF AN AMOUNT EQUAL TO THE SERVICES FEE PAID BY USER TO THE COMPANY FOR THESE TERMS. USER ACKNOWLEDGES THAT THE PRICING OF THE SERVICES REFLECTS THE INTENT OF THE PARTIES TO LIMIT THE COMPANY LIABILITY AS PROVIDED HEREIN. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE INTENDED TO LIMIT COMPANY'S LIABILITY AND WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ANY ACTION, CLAIM OR PROCEEDING RELATING TO THESE TERMS AND/OR THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THESE TERMS, MUST BE BROUGHT WITHIN TWELVE (12) MONTHS FOLLOWING THE ACTION OR EVENT GIVING RISE TO SUCH ACTION, CLAIM OR PROCEEDING.
The Company is not responsible for defects caused by changes or issues resulting from third-party hardware, software, services, tools or applications it does not have direct control over, including but not limited to: server hardware, cloud services, operating systems, software programs, plug-ins, extensions, applets, newly discovered vulnerabilities, scripts, or other items. The Company shall not be liable for any unauthorized access to the user's account by any third party.
The Company makes no warranties or representations of any kind, whether expressed or implied, for the suitability or the outcome from the use of the Services it is providing. The Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the user.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE SECTIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT ANY WARRANTY IMPLIED BY LAW THAT IT WOULD BE UNLAWFUL TO EXCLUDE OR LIMIT.
By using this Website and Services, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website and Services.
Governing Law and Jurisdiction
These Terms and Conditions will be governed by and construed under the law of the State of Delaware, the USA, without regard to its conflict of laws rules.
Neither the United Nations Convention on Contracts for the International Sale of Goods nor any implementation of the Uniform Computer Information Transactions Act in any jurisdiction shall apply to these Terms.
We and you irrevocably and unconditionally waive any right it may have to trial by jury in respect of any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
Any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of the State of Delaware, the USA.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
No waiver of any term of these Terms will be binding unless, in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of the Company to exercise or enforce any right or remedy in these Terms does not waive that right or remedy.
The Company may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
All communications and notices made or given under these Terms must be in English.
The parties (you and the Company) shall be independent contractors under these Terms, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint ventures or partners for any purpose.
We rely on your continued observance of these Terms. If the Company suffers any loss or damage or incurs any costs in connection with any breach of these Terms or any other legal obligation then you agree to indemnify the Company for those losses, damages, and costs.
Certain territorial restrictions may apply to your use of our Services. Our Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Anyone using or accessing our Website and Services does so on their initiative and are responsible for compliance within local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of our Website/Services to any person, geographic area, or jurisdiction, at any time and our sole discretion.
In case you have questions about our Website, Services or these Terms you can contact us by forwarding an email at firstname.lastname@example.org.