Terms and Conditions

Date of Last Revision: 9th December 2024

Welcome to Scribeless! By accessing or using our platform and services, you agree to be bound by these Terms and Conditions ("Terms"). Please read them carefully before using our services.

1. Introduction

1.1 Company Information

  • Scribeless is a trading name of The Overnight Insights Group Ltd, a company incorporated in the United Kingdom with registration number 11325564.
  • Registered Office: 17-18 Berkeley Square, Bristol, United Kingdom, BS8 1HB.

1.2 Acceptance of Terms

  • By creating an account, accessing, or using Scribeless's services ("Services"), you ("User" or "Client") agree to be bound by these Terms and our Privacy Policy.
  • If you do not agree to these Terms, you must not use our Services.

2. Definitions

  • "Client/User/You": Any individual or entity using Scribeless's Services.
  • "Services": Access to the Scribeless platform, enabling the creation, sending, and automation of pseudo-handwritten direct mail campaigns.
  • "One-Off Campaigns": Individual direct mail campaigns initiated by the User.
  • "Subscription Services": Ongoing services provided on a subscription basis.
  • "Platform": The Scribeless website and associated software applications.

3. User Accounts

3.1 Registration Requirements

  • Users must provide accurate and complete information during registration.
  • Users must be at least 18 years old or have the legal capacity to enter into a contract.

3.2 Account Security

  • Users are responsible for maintaining the confidentiality of their account credentials.
  • Users agree to notify Scribeless immediately of any unauthorized use of their account.

4. Services

4.1 Access to the Platform

  • Scribeless grants Users a non-exclusive, non-transferable license to access and use the Platform in accordance with these Terms.

4.2 Campaign Types

a) One-Off Campaigns

  • Users can initiate individual campaigns and will be shown the total charge at checkout.
  • By completing the checkout process, Users agree to pay the displayed amount.

b) Subscription Services

  • Users may subscribe to monthly plans, paying a subscription fee at the start of each billing period.
  • Usage fees for mailers sent are charged at the end of each billing period.

4.3 User Obligations

  • Users agree to use the Services in compliance with all applicable laws and regulations.
  • Users are responsible for obtaining necessary consents for any data provided to Scribeless.

5. Payment Terms

5.1 Pricing and Fees

  • One-Off Campaigns: Prices are displayed at checkout.
  • Subscription Services: Subscription fees and usage rates are displayed on the Platform or communicated directly to the User.

5.2 Billing Cycles

  • Subscription Fees: Charged at the start of each billing period.
  • Usage Fees: Charged at the end of each billing period based on actual mailers sent.

5.3 Payment Methods

  • Accepted payment methods include credit/debit cards and other methods as indicated on the Platform.
  • By providing payment information, Users authorize Scribeless to charge the provided payment method.

5.4 Taxes

  • Prices exclude applicable taxes unless stated otherwise.
  • Users are responsible for any taxes or duties applicable to their transactions.

5.5 Late Payments

  • Failure to make payments may result in suspension or termination of Services.
  • Scribeless may charge interest on overdue amounts at 1.5% per month or the maximum rate permitted by law.

6. User Content

6.1 Ownership and License

  • Users retain ownership of all content submitted to the Platform ("User Content").
  • Users grant Scribeless a worldwide, royalty-free license to use, reproduce, and distribute User Content solely for the purpose of providing the Services.

6.2 Prohibited Content

  • Users must not submit content that is illegal, offensive, defamatory, or infringes on third-party rights.
  • Scribeless reserves the right to remove any content that violates these Terms.

7. Data Protection and Privacy

7.1 Data Collection and Use

  • Scribeless collects and processes personal data in accordance with its Privacy Policy.
  • Data is used to provide and improve Services, personalize mailers, and analyze performance.

7.2 User Responsibilities

  • Users must ensure that they have the right to provide Scribeless with any personal data submitted.
  • Users are responsible for complying with all applicable data protection laws as Data Controllers.

7.3 Data Security

  • Scribeless employs industry-standard security measures to protect personal data.
  • Data is stored securely within the UK/EU.

8. Intellectual Property Rights

8.1 Scribeless's Ownership

  • All intellectual property rights in the Platform and Services are owned by Scribeless.
  • Users are granted a limited license to use the Platform as per these Terms.

8.2 Restrictions

  • Users must not reproduce, modify, or create derivative works from the Platform.
  • Reverse engineering or attempting to extract the source code is prohibited.

9. Limitation of Liability

9.1 Liability Caps

  • One-Off Campaigns: Scribeless's total liability is capped at the total fees paid by the User for the specific campaign.
  • Subscription Services: Liability is capped at the total subscription fees paid in the last 12 months, excluding usage fees.

9. Limitation of Liability

9.1 Cap on Liability

  • a) One-Off Campaigns: Scribeless's total aggregate liability arising out of or in connection with a one-off campaign shall not exceed the total fees paid by the User for that specific campaign.
  • b) Subscription Services: For Users subscribed to ongoing services, Scribeless's total aggregate liability in any 12-month period shall not exceed the total subscription fees paid by the User to Scribeless in that period, excluding usage fees.

9.2 Exclusion of Certain Types of Liability

  • Scribeless shall not be liable for:some text
    • a) Indirect, incidental, special, consequential, or punitive damages.
    • b) Loss of profits, revenue, data, or data use.
    • c) Loss of business opportunities or goodwill.

9.3 Exceptions

  • Nothing in these Terms excludes or limits Scribeless's liability for:some text
    • a) Death or personal injury caused by its negligence.
    • b) Fraud or fraudulent misrepresentation.
    • c) Any other liability that cannot be excluded by law.

9.4 Disclaimer of Warranties

  • Services are provided "as is" without warranties of any kind.
  • Scribeless does not guarantee that the Services will be uninterrupted or error-free.

10. Termination

10.1 Termination by User

  • Users may terminate their account at any time through the account settings or by contacting Scribeless.

10.2 Termination by Scribeless

  • Scribeless may suspend or terminate a User's access for violation of these Terms or applicable laws.
  • Users will be notified of such termination when feasible.

10.3 Effects of Termination

  • Upon termination, the User's right to access the Services ceases immediately.
  • Any outstanding fees become immediately due and payable.

11. Governing Law and Dispute Resolution

11.1 Governing Law

  • These Terms are governed by the laws of England and Wales.

11.2 Dispute Resolution

  • Parties will attempt to resolve disputes amicably through good faith negotiations.
  • If unresolved within 60 days, disputes may be submitted to the exclusive jurisdiction of the courts of England and Wales.

12. Changes to Terms

12.1 Modification of Terms

  • Scribeless reserves the right to modify these Terms at any time.
  • Users will be notified of significant changes via email or Platform notifications.

12.2 Acceptance of Changes

  • Continued use of the Services after changes indicates acceptance of the new Terms.
  • If Users do not agree to the changes, they must stop using the Services.

13. Miscellaneous

13.1 Severability

  • If any provision is found invalid, the remaining provisions will remain in effect.

13.2 Waiver

  • Failure to enforce any provision is not a waiver of future enforcement rights.

13.3 Assignment

  • Users may not assign their rights without Scribeless's prior written consent.
  • Scribeless may assign its rights and obligations without restriction.

13.4 Entire Agreement

  • These Terms constitute the entire agreement between the User and Scribeless regarding the Services.
  • If you and Scribeless enter into a separate written agreement signed by both parties ("Service Agreement"), the terms of that Service Agreement shall take precedence over these Terms and Conditions to the extent of any conflict.

13.5 Contact Information

  • Email: support@scribeless.co
  • Address: 17-18 Berkeley Square, Bristol, United Kingdom, BS8 1HB

14. Additional Provisions

14.1 Force Majeure

  • Scribeless is not liable for delays or failures due to events beyond reasonable control.

14.2 Electronic Communications

  • Users consent to receive communications electronically.
  • Notices and agreements delivered electronically satisfy legal communication requirements.

15. Acceptance

By creating an account or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

Please print and retain a copy of these Terms for your records.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose personal information.

FAQs

For any questions regarding these Terms, please contact us at support@scribeless.co.