Terms of Service
Last Updated: March 15, 2024
1. Introduction
Welcome to Fixtion3, a SaaS platform designed to help you write, organize, and manage novella projects. These Terms of Service ("Terms") govern your access to and use of Fixtion3 (the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use the Service.
2. Acceptance of Terms
By using Fixtion3, you confirm that:
- You are at least 13 years of age (or the minimum age required in your jurisdiction to use the Service).
- You have the legal capacity to enter into this agreement.
- If you are using the Service on behalf of an organization, you have the authority to bind that organization to these Terms.
3. User Responsibilities
3.1 Account Creation and Security
- You must provide accurate, current, and complete information when creating your Fixtion3 account.
- You are responsible for keeping your account credentials confidential and for all activities that occur under your account.
- You agree to notify Fixtion3 immediately at support@fixtion3.com if you suspect unauthorized use of your account or any security breach.
3.2 Use of the Service
- You agree to use the Service only for lawful purposes and in accordance with these Terms.
- You are responsible for ensuring your use of the Service complies with all applicable laws and regulations.
4. Payment Terms
4.1 Subscription Plans
Fixtion3 offers subscription plans such as Basic and Pro. Full pricing details are available on our Pricing Page.
Subscriptions are billed on a monthly basis, with payment due at the start of each billing cycle.
4.2 Payment Methods
We accept payments via credit card and PayPal. You must provide valid payment information and authorize Fixtion3 to charge your selected payment method for subscription fees.
4.3 Refunds and Cancellations
- You may cancel your subscription at any time through your account settings or by contacting support.
- Upon cancellation, you will retain access to the Service until the end of your current billing cycle. Refunds are not provided for partial subscription periods unless required by law.
5. Intellectual Property
5.1 Ownership of Content
- You retain full ownership of all content you create using Fixtion3 ("User Content"), including novella drafts, outlines, and notes.
- By using the Service, you grant Fixtion3 a non-exclusive, worldwide, royalty-free license to use, store, and process your User Content solely to provide and improve the Service.
5.2 Fixtion3's Intellectual Property
Fixtion3 and its licensors own all rights, title, and interest in the Service, including its software, design, and branding. You may not copy, modify, or distribute any part of the Service without our prior written consent.
6. User Conduct
You agree not to:
- Use the Service for any illegal or unauthorized purpose.
- Upload, share, or store content that is harmful, offensive, or infringes on the rights of others.
- Attempt to gain unauthorized access to the Service or its systems.
- Disrupt or interfere with the Service's functionality or security.
- Use automated tools (e.g., bots, scrapers) to access the Service without our permission.
7. Data and Privacy
- Your use of the Service is also governed by our Privacy Policy, which details how we collect, use, and protect your personal information.
- You are responsible for ensuring that your User Content complies with applicable data protection laws.
8. Limitation of Liability
- The Service is provided "as is" and "as available." Fixtion3 makes no warranties, express or implied, about the Service's reliability, availability, or suitability for your needs.
- To the fullest extent permitted by law, Fixtion3 is not liable for any indirect, incidental, or consequential damages arising from your use of the Service, including data loss, loss of profits, or service interruptions.
9. Termination
9.1 Termination by User
You may terminate your account at any time by following the instructions in your account settings or contacting support@fixtion3.com.
9.2 Termination by Fixtion3
- We may suspend or terminate your account if you violate these Terms or engage in conduct that harms the Service or other users.
- Upon termination, your access to the Service will end, and we may delete your User Content after 30 days, subject to applicable laws.
10. Dispute Resolution
- Any disputes arising from these Terms or your use of the Service will be resolved through binding arbitration in San Francisco, California, following the rules of the American Arbitration Association.
- You waive your right to participate in a class action lawsuit or class-wide arbitration.
11. Changes to Terms
- Fixtion3 may update these Terms periodically. We will notify you of material changes via email or within the Service.
- Your continued use of the Service after such changes indicates your acceptance of the updated Terms.
12. Miscellaneous
- Governing Law: These Terms are governed by the laws of the State of California.
- Entire Agreement: These Terms, along with the Privacy Policy, constitute the entire agreement between you and Fixtion3.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
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