In these Terms:
This section incorporates the standard agreement language regarding acceptance of these Terms of Service.
These Terms of Service constitute a legally binding agreement between you and TextWatermark, Inc., a Delaware corporation. By accessing or using our Service, you agree to be bound by these Terms.
We may designate certain new features as "Beta." Beta Services are provided "as is," may be discontinued at any time, and are excluded from any service‑level commitments.
Important: Beta features may have limited functionality and are not recommended for production use.
If you provide comments, suggestions, or other feedback regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty‑free, sublicensable, and transferable license to use the Feedback for any purpose without obligation to you.
This section expands upon the previous payment terms with additional details.
This section expands upon the previous acceptable use provisions.
Additionally, you shall not:
Each party shall:
This section maintains the previous intellectual property provisions (6.1 – 6.3) with the following addition:
Open‑Source Components. Open‑Source Components are licensed to you under their respective open‑source licenses; nothing in these Terms restricts your rights under such licenses.
You represent and warrant that your use of the Service will comply with all Applicable Laws, including data‑protection, export‑control, and consumer‑protection laws.
The Service may be subject to U.S. export‑control laws and regulations. You may not access or use the Service in any embargoed country or in violation of export laws.
We shall not be liable for any failure or delay in performance caused by a Force Majeure Event. If such event continues for more than thirty (30) days, either party may terminate the affected Service upon written notice.
The Service may contain links to third‑party websites or integrate with third‑party services. We do not endorse and are not responsible for such third‑party content or services.
Important Legal Notice:
The Service is provided "as is" and "as available" without warranties of any kind, express or implied.
No Advice. The Service is provided without any professional or legal advice, and you should consult qualified professionals for specific concerns.
This section retains the previous limitation provisions with clarification on scope.
The limitations set forth herein shall apply irrespective of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.
This section maintains the previous indemnification clause with the following addition:
You shall reimburse any reasonable attorneys' fees incurred in connection with such claims.
Binding Arbitration (U.S. Residents). Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Class‑action waiver: You and the Company agree that each may bring claims only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Consumers in the EEA. If you are a consumer habitually resident in the EEA, you may bring proceedings in the courts of your Member State of residence under Article 18 Brussels I Regulation (Recast).
All legal notices shall be in writing and delivered by recognized overnight courier or certified mail to:
TextWatermark, Inc.Notices via email are deemed given when the recipient's server acknowledges transmission.
This updates the previous assignment provisions.
The Company may assign these Terms, in whole or in part, without restriction. You may not assign these Terms without our prior written consent; any attempted assignment in violation shall be null and void.
Sections concerning definitions, intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, and any other provisions which by their nature should survive, shall survive termination of these Terms.
These Terms supersede all prior and contemporaneous agreements regarding their subject matter. In the event of conflict between these Terms and any order form or DPA, such order form or DPA shall take precedence solely with respect to its subject matter.
Important: By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.