Terms of Service

Pipewriter is all about, well, writing. And where there’s writing, there’s reading.

So why not take a (very long) moment to read this key legal document that defines the relationship between you, wonderful human, and Yours Truly, i.e. Pipewriter?

This Terms of Service Agreement (“Agreement” or “Terms”) is a contract between “You” (the “Customer”) and Pipewriter OÜ, a flamboyantly picturesque limited liability company registered at Sepapaja 6, Tallinn 15551, Estonia, reg. no. 14904870 (“We”, “Us”, “Pipewriter”). As you see, “Yours Truly” shall not be used to refer to Pipewriter hereinafter; that was just an opening paragraph gimmick thing.

via GIPHY

The “Site” or “Website” means pipewriter.io, while “Product” refers to the paid Google Docs template and the custom Google Apps Script (paid only), while "Free Product" refers to the "demo" version of the template you can get for free. “Service(s)” refers to copywriting, UX writing and other creative services for hire provided by Pipewriter founders, employees and contractors.

Yes, we kind of do it all.

This Agreement describes the services we will provide to you, how we will work together, and other aspects of our business relationship. It’s a legal document, and we cannot provide our paid and free Products and other services to you unless you agree to them. We understand that this sounds scary, but really, it's not, and we got to state this openly. We didn’t make the rules.

By using any version of Pipewriter, hiring us to deliver awesome creative work for ya (You), and being a Customer under any Subscription Plan, you are agreeing to these Terms right here. Also worth noting: the headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Ready? Steady? Go! 🚀

‍1. Definitions

• "Agreement"​ means these Terms of Service and all materials referred or linked to them.
• “Beta Features” ​means pre-release features, functionalities, or modules of the Product that are made available to you to use and evaluate. “Beta Features” are not included in the definition of “Services”, “Product”/"Free Product" or “Website”.
• “Billing Information”​ means any of your billing information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data.
• "Billing Period"​ means the period for which you agree to prepay fees under the chosen Subscription Plan (semi-annual, i.e. 6 months, or annual).
• “Confidential Information”​ means all information provided by you, whether orally or in writing, that is designated as confidential.
• "Contact Information"​ means the name, email address, phone number, online user name(s), telephone number, and similar information that you submit when subscribing to any of the Product’s Subscription Plans, filing a customer support request or in any other way on your free will providing it to us.
• "Customer Data" ​means (i) all information that you submit when subscribe to the Product; (ii) the data you provide us with when approaching with customer support requests; (iii) data and information that you submit to us when hiring us to write or deliver other creative services to you.
• “End Product” is a customized implementation of the Product, i.e. something that the Product was used to build. Our Product is a template and script for writing UX copy decks/wireframes, so the End Product would be a website or app wireframe written using the template files.
• “Free Product”​ means the Pipewriter Demo Doc, a single Google Doc with template elements that Users and Customers can obtain, as a copy, to their email address via pipewriter.io.
• “Customers” or “Paid Users” ​means those types of Users who use the Product on the terms of a paid Subscription Plan.
• “Retainer” is a pre-agreed fee paid regularly (weekly, monthly, bi-monthly etc.) to Pipewriter for custom Services rendered by its founders, employees, and subcontractors.
• "Sensitive Information"​ means (a) credit or debit card numbers; personal financial account information; Social Security numbers or local equivalents; passport numbers; driver’s license numbers or similar identifiers; passwords; racial or ethnic origin; physical or mental health condition or information; or other employment, financial or health information, including any information subject to the Health Insurance Portability and Accountability Act, the Payment Card Industry Data Security Standards, and other regulations, laws or industry standards designed to protect similar information; and (b) any information defined under EU data protection laws as ‘Sensitive Personal Data’.
• “Service”​ means the provision of copywriting, UX writing, design, marketing, product development and other creative services provided by Pipewriter.
• “Service Fees” refer to fees for Services rendered. These fees can be one-off or on Retainer, and are agreed upon on a per-project basis
• “Subscription Fee" ​means the amount you pay for using the Product. The Subscription Plans’s pricing is set forth on our website and is available at https://pipewriter.io/#get-started
• “Subscription Plan”​ ​means a specific type of subscription you chose in order to use the Product.
• "Product"​ is the paid/pro Pipewriter set of templates and related Google Apps Script, all of which enable Customers to write professional UX copy decks and website/app wireframes fast and efficiently. The Product includes ancillary services such as customer support, which Pipewriter provides to you.
• "Subscription Term"​ means the initial term of your subscription to the applicable Product, as specified as part of your chosen Subscription Plan, and each subsequent renewal term (if any).
• "Third-Party Sites"​ means third party websites linked to from within the Product and Website.
• “Usage period”​ means the monthly period of time that your Subscription Plan limits apply to. It starts on the same day when your Subscription Term starts and always resets in 6 or 12 months’ time.
• "Users"​ means your employees, representatives, consultants, contractors or agents who are authorized to use the Product for your benefit.
• "Pipewriter", "we", "us", “our”​ means the applicable contracting entity which provides free and paid Products to Customers and Users.
• "You", "your" or “Customer”​ means the person or entity using free or paid Products and identified in the applicable account record, billing statement, online subscription process as the customer.

Now that we know what's what and who's who, let's dig in.

2. General commercial terms

2.1. Product Access

During the Subscription Term, we will provide you with access to the Product as described in this Agreement and based on your chosen Subscription Plan. We might provide some or all elements of the Product through third party service providers. We will also request access to the third party systems that you use in order for our Product to be able to provide integration services to you (namely, Google Docs and Google Drive).

2.2. Product Availability

We try to make the Product available 24 hours a day, 7 days a week, except for planned down-time for maintenance. In addition, our Product availability depends heavily on the availability and performance of Google API and other third-party systems you use for integration, the type of your Google Account, and established by Google quotas and hard limitations: https://developers.google.com/apps-script/guides/services/quotas

2.3. Service access and availability

As a writing and creative agency, we are always open to discussing business engagements with potential partners, clients or suppliers/contractors. Our availability in that regard varies based on our workload and obligations, and cannot be guaranteed at any given time.

To inquire about our creative services or to apply as a writer, everyone is free and encouraged to email us at hello@pipewriter.io or use other means of contact listed on the Website pipewriter.io.

2.4. Fees and Payments

2.4.1. Subscription Fees 

The Subscription Fee will remain fixed during the Subscription Term unless you exceed the provided as part of your Subscription plan rows or imports limit, or any other applicable limit (see the ‘Limits’ section below).

Applicable to all our Subscription Plans, you may decide to upgrade to a new Subscription Plan tier in order to increase the allocated limits, or downgrade to any other paid or Free plan at any time. There is currently only one tier, but more might be made available in the future. In that case, this Agreement shall be promptly updated.

2.4.2. Service fees

When you hire Pipewriter to deliver custom creative work (including but not limited to: copywriting, UX writing, wireframing, visual design, marketing, social advertising, programming and more), fees are determined on a per-case basis, either as flat fees or hourly fees. Service Fees for each contract shall be discussed prior to engagement and may be changed by common accord by both parties. 

This also applies to Retainers, which are essentially Service Fees to be paid every week, month or more for a predefined quantity and quality of services rendered.

In the vast majority of cases, Pipewriter will ask for an upfront payment of part of the Service Fees or Retainer, usually between 30% and 80% of the total. Prepayment for Services is not set in stone and negotiated case by case.

The best way to find out what our Service Fees are is to contact us and, you know, hire our wonderful services in order to propel your business to new heights. (Note: we do NOT guarantee your business will be propelled to new heights, but vow to do our darnest to make that happen).

2.4.3. Payment by credit card

If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term, Service, or Retainer. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. For more information about how we treat your payment information, please refer to the Privacy Policy at https://pipewriter.io/privacy

2.3.4. Payment Information

You will keep your contact information, billing information and credit card information (where applicable) up to date. You can request and make changes by emailing hello@pipewriter.io. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term, while Service fees payment schedule is decided per-case, usually with the prepayment conditions outlined in the previous article.

2.4 Use and Limitation of Use

2.4.1. Prohibited and Unauthorized Use

You will not (i) use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser; (ii) use the Product in any manner that damages, disables, overburdens, or impairs our website or interferes with any other party's use of the Product; (iii) attempt to gain unauthorized access to the Product; (iv) access the Product other than through our interface; (iv) use the Product for any purpose or in any manner that is unlawful or prohibited by this Agreement, or (vi) reverse-engineer the Product.

You may not use the Product if you are legally prohibited from receiving or using the Product under the laws of the country in which you are resident or from which you access or use the Product. (Indeed, copywriting and UX writing are incredibly powerful tools of persuasion, which makes it surprising that so many countries still warrant their legality. That was a joke right there).

Finally, you must not resell the Product as-is and when creating End Products (website, app etc. wireframes and copy decks), you must follow the directives outlined in Article 2.5 hereinafter.

2.4.2. No Sensitive Information

We will not have any liability that may result from your use of the product to collect, manage or process sensitive information.

2.5. Product License to build End Products

For the sake of a memory refresher, “Product” refers to the Pipewriter Google Docs template, related Google Apps Script (the sidebar that enables fast insertion of pre-made wireframing elements), and all design assets inside the template and script. (Check the Definitions chapter for exact definitions).

End Product refers to either a wireframe/copy deck you write and build with the Product, or the final website or app that is built from your wireframe/copy deck. 

Here’s what you can and cannot do with the Product as it concerns the End Product(s):

2.5.1. Permitted use of Product to build End Product

Basically, you can use the template and script to write any number of docs, and do whatever you want with those docs:

• You may create an End Product for a client or for yourself.
• You may sell, license, sublicense or distribute and make any number of copies of the End Product.
• You may modify or manipulate the Product. You may combine the Product with other works and make a derivative work from it. The resulting works are subject to the terms of this license.
• This is a 'multi-use' license, which means you may use the Product multiple times, in multiple projects. Once you get it, it’s yours to use on any number of websites, sales letters or what have you.
  

2.5.2. Prohibited use of the Product to build End Product

This is one of those don’t-be-evil kinds of situations: don’t resell the full Pipewriter or parts of it like it’s yours. You should only use it to write something amazing and sell what you’ve written, instead of piggybacking on our work to make free cash:

• You can’t redistribute Product as stock, in a tool or template, or with source files. You can’t do this with the Product either on its own or bundled with other items, even if you modify the Product.
• You can’t redistribute or make the Item available as-is or with superficial modifications.
• You must not permit an end user of the End Product to extract the Item and use it separately from the End Product. While it’s unreasonable to delete placeholder design assets or layouts you used, it’d be nice if you could not send copy decks containing every single element in the template (by the way, that’d be clumsy and would drive your clients bananas anyway).
• The End Product can’t be used in a product offered for sale where the item contributes to the core value of the product being sold. For example, converting a purchased product to a template or theme for sale on your website or marketplaces like ThemeForest, Creative Market, etc.
  

2.5.3. Other license elements

• You are not required to attribute or link to Pipewriter in any of your projects, though we sure won’t complain if you mention us (duh!).
• All Google Drawings in the Product (i.e. placeholder graphics) were built specifically by Pipewriter. Some of them resemble commonly-used wireframing elements, but you’re still supposed to not resell them as they are (i.e. outside of an End Product you built/wrote yourself).
• Google Drawings aside, all the rights for photographs and illustrations used in the Product are reserved by their legal owners and are presented in the Item for demonstrating purposes.
• Pipewriter will not be responsible for any outcome that may occur during the course of usage of our resources.
  

2.6. Subscription Term, Termination, Suspension

2.6.1. Term and Renewal

Your initial Subscription Term will be specified in your Subscription Plan and will automatically renew on each subsequent semi-annual (6 months) or annual anniversary date thereafter, unless cancelled or otherwise terminated in accordance to this Agreement. To prevent renewal of the subscription, you have to cancel your subscription before the new subscription period starts.

If you use our Free Product, that’s a one-off free download that requires no action or renewal on your part. The Free Product is updated every once in a while and, while you always get the latest version when you download it, to obtain an updated version you will need to download it again. In the future we may start automatically notifying Free Product users when a new version is available, or emailing it to them directly, but for now it is what it is.

The Subscription Term will end on the expiration date, but the subscription can be canceled at any time. We do not provide refunds if you decide to stop using your Product subscription before your Subscription Term’s expiration date. 

However, the paid Product being a template, you’re essentially free to use it after your Subscription period ends: you just won’t get more updates until you subscribe again, and you won’t get preferential access once the Product evolves into an app.

2.6.2. Termination and Post-Termination

Either Party may, upon written notice to the other Party, terminate this Agreement (x) for material breach by the other Party if such Party has failed to cure such material breach within thirty (30) days of receiving written notice of such material breach from the non-breaching Party.; (y) if such termination is required by applicable law, rule or regulation; or (z) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation, or assignment for the benefit of creditors, in which case the termination shall take immediate effect.

Notwithstanding the foregoing, this Agreement shall automatically terminate in the event that Customer intentionally breaches the scope of Subscription Plan granted to the Customer. Unless earlier terminated in accordance with this section of the Agreement, upon the expiration of the Subscription Term, Customer’s Subscription will cease, unless Customer and Pipewriter have agreed to extend the applicable Subscription Term under this Agreement. In such case, the terms and conditions of this Agreement shall remain in full force and effect throughout the duration of the extended Subscription Term.

Notwithstanding the foregoing, this Agreement shall automatically terminate in the event that Customer intentionally breaches the scope of Subscription Plan granted to the Customer. Unless earlier terminated in accordance with this section of the Agreement, upon the expiration of the Subscription Term, Customer’s Subscription will cease, unless Customer and Pipewriter have agreed to extend the applicable Subscription Term under this Agreement. In such case, the terms and conditions of this Agreement shall remain in full force and effect throughout the duration of the extended Subscription Term.

Upon termination or expiration of this Agreement, for any reason, Pipewriter will stop providing the Product, and Customer shall promptly cease all access to and use of the Product, the Free Subscriptions, the Beta Features, the Website.

Upon written request each Party shall either return to the other Party (or, at such other Party’s instruction, destroy and provide such other Party with written confirmation of the destruction of all documents, computer files, and other materials containing any of such other Party’s Confidential Information that are in its possession or control.

2.6.3. Suspension of the Service

In addition to its other rights under this Agreement, Pipewriter may suspend the Customer’s access to the Product upon written notice to (a) comply with any law, regulation, court order, or other governmental request or order which requires immediate action; or (b) for Customer’s non-payment of the applicable Fees (any amount due), or for (c) any unauthorized use of the Product by Customer or any of its authorized Users.

Pipewriter will not suspend usage of the Product while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If the Product is suspended for non-payment, Pipewriter may, in its sole discretion, charge a reactivation fee to reinstate them. You will promptly reimburse Pipewriter for any reasonable expenses of collection, including costs, disbursements, and reasonable outside legal fees Pipewriter incurs, to the extent necessitated by your refusal to pay amounts that you are not disputing in good faith. If suspended, Pipewriter will promptly restore use of the Service to Customer as soon as the event giving rise to the suspension has been resolved to Pipewriter’s satisfaction.

2.6.4. Effect of Termination or Expiration

If your paid subscription is terminated or expires, you may continue using the (paid) Product you have, without access to updates, and you shall remain entitled to obtaining the Free Product. However, this may not be the case if your Agreement was terminated for cause. Upon termination or expiration of this Agreement, you will stop all use of the Subscription Service. If you terminate this Agreement for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination. If we terminate this Agreement for cause, you will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable. 

3. Terms for Product(s) and Services

3.1. Free Product and Subscription Plans

We offer a Free Product – a pre-formatted Google Docs template in one single Google Doc – that users can download freely. The terms in the hereby Article about licensing in terms of building End Products apply to the Free Product as well.

For the paid Product, we offer Subscription Plans, which range from 6 months to 1 year. There is no trial period for Subscription Plans, as Customers can test out the limited but still highly functional Free version of the Product. 

3.2. Modifications

We may modify Subscription Plans from time to time, including by adding or deleting features, functions, and limits in an effort to improve your experience.

For our Paid Subscriptions, we will not make changes that materially reduce the functionality provided to you during the Subscription Term.

For our Free Subscriptions, we may make changes that materially reduce the functionality provided to you during the Subscription Term.

3.3. Beta Features

From time to time, you may be able to access and try Product’s Beta Features. You may choose to access such Beta Features at your sole discretion. An important part of our beta process is getting real-world testing of the Beta Features before a general release. If you choose to try out the Beta Features, the following additional terms and conditions will apply. You will not use such Beta Features unless you agree to all such additional terms and conditions.

You acknowledge that Beta Features (i) are still in development and are provided to you for evaluation purposes only and not for production use, (ii) are not considered part of the Service or Product under this Agreement, (iii) are not supported, may have bugs or errors, and are provided “AS IS” with no warranties of any kind, and (iv) may be subject to additional terms.

Unless otherwise stated, any Beta Feature trial period will expire upon the date that a version of the Beta Feature becomes generally available as part of the Service or Product, or when Pipewriter elects to discontinue such Beta Feature.

Beta Features may materially change prior to commercial launch, or may never be released commercially. Pipewriter may discontinue Beta Features at any time in its sole discretion and may never make them generally available.

PIPEWRITER WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A BETA FEATURE, AND YOUR USE OF OR RELIANCE ON ANY BETA FEATURE IS AT YOUR OWN RISK.

And with risk, they say, comes reward. And thrill! And excitement! 🔥

3.4. Customer Support

Customer Support Services are available for all Customers and Users of our Product. You may submit a customer support request by emailing us at ​hello@pipewriter.io or through chat-based communication systems, if any are available at the time (we continually test different support methods). The services are provided in English and are performed remotely. We have no set operational hours for support and don’t guarantee action during a certain timeframe, though we vow to respond and help as soon as possible. Support will become more standardized at some point in the future, and we will notify Customers and update this Agreement whenever changes arise.

We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of Pipewriter representatives.

3.5. Subcontractors

We reserve the right to use subcontractors to offer Services on Pipewriter’s behalf, and Customer hereby consents to such use, provided that Pipewriter shall remain solely responsible to Customer for the provision of all applicable Services. We encourage writing and other creative talent to apply to become subcontractors for Pipewriter, by following the links and third-party survey/hiring platforms listed therein.

4. General Legal Terms

4.1. Customer Data

We collect personal information and aggregate data in different ways, as outlined in our Privacy Policy: https://www.pipewriter.io/privacy

4.2. Pipewriter’s Proprietary Rights

This is an Agreement for access to and use of the Product and Service, and you are not granted a license to any software or design/marketing asset by this Agreement. The Product is protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Pipewriter Content, the Product, or other Services in whole or in part, by any means, except as expressly authorized in writing by us.

We encourage all customers to comment on the Product or other services, provide suggestions for improving it, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Product or other services, without payment or attribution to you.

4.3. Confidentiality

The Receiver will: (i) protect the confidentiality of the Confidential Information using the same degree of care that it uses with its own confidential information of similar nature, but with no less than reasonable care, (ii) not use any Confidential Information for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information to any third party (except our third party service providers), and (iv) limit access to Confidential Information to its employees, contractors, advisors and agents. Upon notice to the Discloser, the Receiver may disclose Confidential Information if required to do so under any n national, federal, state, or local law, statute, rule or regulation, subpoena or legal process.

4.4. Publicity

You grant us the right to add your name and company logo to our customer list and website.

4.5. Indemnification

Customer shall indemnify and hold Pipewriter, its licensors, and its Affiliates, officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with the claim of a third party or data subject alleging that (i) your or any of your Authorized Users’ breach or violation of this Agreement, or (ii) the Customer Data, Usage Data, and/or Pipewriter’s use of any of the foregoing in accordance with this Agreement, has infringed the rights of, defamed, or otherwise caused harm to, a data subject or a third party, or violated applicable law; provided in any such case that Pipewriter (a) gives written notice of the claim promptly to you or the appropriate Customer representative; (b) gives Customer sole control of the defense and settlement of the claim (provided that any settlement releases Pipewriter of all liability and such settlement does not affect Pipewriter’s business); and (c) provides to Customer, at Customer’s expense, all available information and assistance reasonably requested; and (d) has not compromised or settled such claim.

4.6. Disclaimers; Limitations of Liability

4.6.1. Disclaimer of Warranties

OUR SUBSCRIPTION AND OTHER SERVICES WILL BE PROVIDED IN A PROFESSIONAL MANNER IN ACCORDANCE WITH CUSTOMARY INDUSTRY STANDARDS UTILIZING REASONABLE CARE AND SKILL. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE PRODUCT, DATA MADE AVAILABLE FROM THE PRODUCT, PIPEWRITER CONTENT, OR OTHER SERVICES FOR A PARTICULAR PURPOSE NOR ON A SPECIFIC RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE PRODUCT, DATA MADE AVAILABLE FROM THE PRODUCT, PIPEWRITER CONTENT, OR OTHER SERVICES, EXCEPT IF AGREED SEPARATELY.

APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. 

OUR SERVICES, INCLUDING APIs, ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE PRODUCT AND OTHER SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

4.6.2. No Indirect Damages

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES; PROVIDED THAT, THIS LIMITATION SHALL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES.

4.6.3. Limitation of Liability

EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, AND OUR LIABILITY FOR FULL LIABILITY CLAIMS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY WILL BE LIMITED TO THE LESSER OF ONE HUNDRED AND FIFTY U.S. DOLLARS OR THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID FOR THE PRODUCT IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM; PROVIDED HOWEVER, THIS LIMITATION SHALL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES, AND IN THIS CASE, IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICES, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS.

4.6.4. Third-Party Products

WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.

4.6.5. Agreement to Liability Limit

YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE PRODUCT TO YOU.

4.7. Miscellaneous

4.7.1. Amendment; No Waiver

We may update and change any part or all of these Terms of Service, including the fees and charges associated with the use of the Product (but, your fees and charges won’t change during the Subscription Term except as we explain in the ‘Fees and Payments’ section above.) If we update or change these Terms, the updated Terms will be posted at ​www.pipewriter.io​ and we may let you know via email. The updated Terms of Service will become effective and binding on the next business day after it is posted. When we change these Customer Terms of Use, the "Last Updated" date at the beginning of this page will be updated to reflect the date of the most recent version. If you would like to receive an email notification when we update the Terms of Service, please email us with your contact email address at hello@pipewriter.io

If you do not agree with a modification to the Terms of Service, you must notify us in writing within thirty (30) days after receiving notice of modification. If you give us this notice, your subscription will continue to be governed by the terms and conditions of the Terms of Service prior to modification for the remainder of your current Subscription Term. Upon renewal, the Terms of Service published by us on our website will apply.

No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

4.7.2. Force Majeure

Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

4.7.3. Actions Permitted

Except for actions for non-payment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

4.7.4. Relationship of the Parties

You and we agree that no joint venture, partnership or employment exists between us. We may enter an agency relationship only if you hire Pipewriter for provision of Services.

4.7.5. Compliance with Laws

We will comply with all U.S. state and federal laws (where applicable) in our provision of the Product, other Services and our processing of data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all laws in your use of the Product and other Services, including any applicable export laws. 

4.7.6. Severability

If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

4.7.7. Notices

Notice will be sent to the contact address set forth herein, and will be deemed delivered as of the date of actual receipt.

To us via this email ​hello@pipewriter.io. Alternatively, you may use the following address:

Pipewriter OÜ

Sepapaja 6, Tallinn 15551, Estonia

4.7.8. Entire Agreement

This Agreement, along with our Product Privacy Policy, is the entire agreement between us for the Product and other Services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of the Product or dependent on any oral or written public comments made by us regarding future functionality or features of the Product. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.

4.7.9. Assignment

You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, without our prior written consent, which will not be unreasonably withheld. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.

4.7.10. Authority

Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.

4.7.11. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Estonia, without regard for choice of law provisions thereof.

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All notices or other correspondence with Pipewriter under this Agreement must be sent to the following email address: hello@pipewriter.io

Or the following physical address: 

Pipewriter OÜ

Sepapaja 6, Tallinn 15551, Estonia

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Wow, that was quite the legal rollercoaster ride, wasn’t it? If you’ve actually read until this point, we salute you. Now go write a wireframe or two and stay out of a life of crime.‍