Terms of Use

1. Applicability

These Terms and Conditions (“Terms and Conditions”) constitute a legally binding agreement between you and Handwrytten Inc., a Delaware corporation (“Handwrytten”, “we” or “us”), governing your access to and use of the website (“Website”) and all associated mobile applications and products and services purchased or accessed by you through Handwrytten, including any Handwrytten Business Plan. By accessing the Website, creating an account and/or accessing or using the products or services, you accept these Terms and Conditions in full. The products and/or services (the “Services”) shall be described in a quote or purchase order (a “Quote”), executed by you and will specify the applicable fees and expenses and other applicable purchase terms, or through purchasing services directly online (an “Online Purchase”), listing any specific terms and conditions, fees and expenses at the time and of purchase. In the event of any conflicts between the terms of a Quote or Online Purchase and these Terms and Conditions, the provisions of the Quote or Online Purchase shall govern. You and Handwrytten are sometimes referred to herein individually as a “Party” and collectively, as the “Parties”.

2. Services

• Account Registration. In order to use the Services, you must create an account to access and use certain features. You must provide accurate, current, and complete information during the registration process and keep your account up-to-date at all times. We reserve the right to disallow the use of user names that are inappropriate, that we believe, in our sole and absolute discretion, infringe on a third parties intellectual rights, or attempts to impersonate another user. You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services.
• Who Can Use Our Services. In order to use the Services, you must be at least 13 years old, you must not have been previously banned from using the Services, and you must not be prohibited from using the Services by virtue of any other applicable law or regulation.
• Termination of Account. Handwrytten may terminate your account, prevent access to any of your preferences, templates, recipient address information, or other information provided to Handwrytten (collectively, “Uploaded Content”), and/or ban you from the Services (for any length of time) without notice and for any reason, including without limitation your breach of these Terms and Conditions. You may terminate your account by providing sixty (60) days’ prior written notice to Handwrytten.

3. Representations and Warranties

You represent and warrant to Handwrytten that:

• You will not incorporate any material into your Uploaded Content that infringes any copyright or other intellectual property rights of a third party.
• You will secure and maintain all rights in your Uploaded Content necessary for us to provide the Services to you without violating the rights of any third party.
• You will not provide Uploaded Content that is obscene, pornographic, indecent, lewd, or sexually suggestive.
• You will not impersonate other individual, e.g., by creating an account under another name or impersonating another individual through the Uploaded Content.
• You will not use the Services in a manner that is unlawful, fraudulent, or misleading.
• You will not interfere with or impair the operation of the Services (e.g., through a denial-of-Services attack).
• You will not attempt to access, scrape, or otherwise collect the login credentials, personal information, payment information, or Uploaded Content of other users of the Services.
• You will not attempt to buy, sell, or transfer your login credentials or account.

4. Backup Data

You are solely responsible for the backup of all of your Uploaded Content and Handwrytten has no responsibility or liability if you fail to backup any Uploaded Content.  You acknowledge that Handwrytten has no responsibility for the deletion or failure to store any data or Uploaded Content.

5. Confidentiality

“Confidential information” means any data or information, in any form, whether disclosed before or after the Effective Date, relating to your business which would reasonably be considered to be proprietary to your business, including, but not limited to, accounting records, business processes, and records that are not generally known in your industry, and where the release of such Confidential Information could reasonably be expected to cause harm to you.

Handwrytten agrees that it will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which Handwrytten has obtained, except as authorized by the you or as required by law. Notwithstanding the foregoing, “Confidential Information” does not include any information that, as evidenced by written documentation: (i) is or becomes generally available to the public; (ii) is obtained from a third-party on a non-confidential basis; (iii) was in Handwrytten’s possession prior to disclosure by you; or (iv) was independently developed by Handwrytten without use of or reference to your Confidential Information.

6. Intellectual Property Ownership

Various aspects of the Services and Website are protected by patent, copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services, the Website, including all associated intellectual property rights, are the exclusive property of Handwrytten. You will not remove, alter or obscure any copyright, trademark, or other proprietary rights incorporated in or accompanying the Services or available on the Website.

Handwrytten reserves all rights not expressly granted to you under these Terms and Conditions. Nothing in these Terms and Conditions grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title or interest in or to the Services provided to you, or any information, data, or other content derived from the your access to or use of the Services or the Website.

7. Indemnification

You agree to indemnify, defend and hold harmless, Handwrytten and its affiliates, and their respective officers, directors, employees, representatives, agents, successors and assigns from claims, losses, damages, liabilities, penalties, fines, costs, or expenses of whatever kind or amount whatsoever, including reasonable attorneys’ fees and the cost of enforcing any right to indemnification hereunder, arising out of or resulting from: (i) any actual or alleged infringement of any third party’s intellectual property rights resulting from your use of or access to the Services or Website; (ii) any inaccuracy in or breach of any of the representations contained herein; or (iii) your access to or use of the Services or Website in violation of this these Terms and Conditions, the Privacy Policy, or Quote.

8. Third Party Links

The Website and/or Services may incorporate links to other sites and servers operated by third parties, independent from Handwrytten.  Such links are provided for your reference only. We do not control such sites, and are not responsible for their content. Handwrytten’s inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their content.

9. Warranty Disclaimer

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, HANDWRYTTEN MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE SERVICES, WHETHER ARISING BY LAW, COURSE OF DEALING, USAGE OR TRADE, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

10. Amendment

Handwrytten reserves the right to modify or amend these Terms and Conditions at any time by reasonable notice, including without limitation by posting revised terms on its website, which amended provisions shall be binding on you. Your continued access to or use of the Services or Website will constitute express acceptance of the revised Terms and Conditions.

11. Dispute Resolution

In the event a dispute arises out of or in connection with your use or access to the Website or Services, the Parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of Arizona. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of Arizona.

12. Limitation of Liability

In no event shall Handwrytten be liable for any incidental, special, exemplary, punitive, consequential, or indirect damages arising out of or in connection with any claims arising under or in connection any Services hereunder.

In no event shall Handwrytten be responsible for, or be obligated to pay, any fines, that in the aggregate exceed the amount received by Handwrytten from you during the 6-month period immediately preceding the event or non-event for which the fines are assessed.

13. Privacy Policy

Handwrytten’s collection and use of personal information in connection with your access to and use of the Services and Website is described in our Privacy Policy at www.handwrytten.com/privacypolicy (the “Privacy Policy”). The Privacy Policy is hereby incorporated into and made a part of this these Terms and Conditions the same as if they were set forth herein in their entirety. Handwrytten may amend the Privacy Policy and at any time by reasonable notice, including without limitation by posting revised terms on its website, which amended provisions shall be binding on you.

14. Security and Compliance

Handwrytten is SOC 2 Type II compliant and shall maintain such complianceFor additional details regarding Handwrytten’s security practices, certifications, and policies, the Client may visit: https://trustcenter.handwrytten.com.

15. Assignment

You are not permitted to voluntarily or by operation of law assign or otherwise transfer your obligations under any agreement with Handwrytten without the prior written consent of Handwrytten.

15. Governing Law

These Terms and Conditions and all matters arising out of or relating thereto shall be governed by, and construed in accordance with, the laws of the State of Arizona, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Arizona.

16. Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

17. Contact Us

Please contact us with any questions or notices hereunder by email at: contact@handwrytten.com, or write to:

Handwrytten
Attention: Legal Department
9280 S Kyrene Rd.  Suite 134
Tempe, AZ 85284