Terms of Service
Effective Date: February 1st 2025
Welcome to Draiper Inc.’s Draiper ContentFlow (the “Service”).
These Terms of Service (“Terms”) constitute a legally binding agreement between Draiper Inc., a Deleware C corporation (“Company,” “we,” “us,” or “our”), and you (“User” or “you”). By accessing or using the Service, including all associated features and functionalities, you agree to be bound by these Terms. Please read these Terms carefully before using the Service. If you do not agree to all of these Terms, do not access or use the Service.
Description of Service
Draiper ContentFlow is a software-as-a-service (SaaS) platform that allows users to create and generate content, including but not restricted to marketing copy, social media posts, articles, blog posts, website content, etc. based on user-provided prompts and inputs. The Service may include features such as content ideation, brainstorming, content editing tools, collaboration features, scheduling capabilities, analytics dashboards, and integration with other platforms. We may update, modify, or discontinue features of the Service from time to time.
User Accounts and Registration
To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.
Age Restrictions: The Service is intended for users who are 18 years of age or older. By using the Service, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you must obtain consent from your parent or legal guardian to use the Service, and they must agree to these Terms on your behalf.
We reserve the right to suspend or terminate your account at any time for any reason, including, but not limited to, violation of these Terms. You may also terminate your account at any time by [describe process specific to Draiper ContentFlow e.g., “contacting customer support through the platform’s help section”].
Acceptable Use Policy and User Conduct
You agree to use the Service in compliance with these Terms and all applicable laws and regulations. You are solely responsible for all content you generate or use through the Service (“User Content”). You agree not to use the Service to create or use User Content that:
* Is unlawful: Violates any applicable local, state, national, or international law or regulation.
* Infringes: Violates or infringes upon the rights of any third party, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
* Is harmful: Is defamatory, libelous, obscene, pornographic, sexually suggestive, indecent, lewd, threatening, harassing, hateful, abusive, or inflammatory.
* Promotes violence: Promotes violence, incites hatred, or promotes discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.
* Is misleading or deceptive: Is false, misleading, deceptive, or fraudulent.
* Is spam: Constitutes spam, chain letters, junk mail, or unsolicited mass messaging.
* Contains malicious code: Contains viruses, worms, Trojan horses, or other harmful or destructive code.
* Violates privacy: Violates the privacy or publicity rights of any person or entity.
* Is otherwise objectionable: In our sole discretion, is objectionable or harmful to us, our users, or third parties.
You further agree not to:
* Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service.
* Attempt to gain unauthorized access to the Service, user accounts, computer systems, or networks connected to the Service.
* Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
* Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
* Use the Service for any commercial purpose that is not expressly authorized by us.
We reserve the right to remove or refuse to generate any User Content that violates these Terms or that we deem objectionable in our sole discretion. We may also investigate and take appropriate legal action against anyone who violates this Acceptable Use Policy.
Intellectual Property Rights
User Content Ownership: As between you and us, you retain ownership of the User Content you generate through the Service. We do not claim any ownership rights in your User Content.
License to User Content: By using the Service and generating User Content, you grant to Draiper Inc. a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to:
* Host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute your User Content within the Service.
* Process, analyze, and use your User Content to provide, maintain, develop, and improve the Service.
* Use your User Content in aggregated and anonymized form for analytical and statistical purposes related to the Service.
This license is solely for the purpose of operating and providing the Service to you and other users.
Platform Ownership: The Service, including all software, code, algorithms, user interfaces, designs, trademarks, logos, and other intellectual property rights related thereto, are owned by Draiper Inc. or our licensors. These Terms do not grant you any ownership rights in or to the Service. You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Service solely for your personal or internal business purposes in accordance with these Terms.
Copyright Policy – if relevant and required by law like DMCA: Draiper Inc. respects the intellectual property rights of others and expects users to do the same. We will respond to clear notices of alleged copyright infringement that comply with applicable law [e.g., the Digital Millennium Copyright Act]. If you believe that your copyrighted work has been used in a way that constitutes copyright infringement and is accessible on the Service, please notify our designated copyright agent at administrator@draiper.com.
Fees and Payments
* Subscription Plans: Draiper ContentFlow is offered on a subscription basis. Details of our subscription plans, including features and pricing, are available on our website at draiper.com.
* Payment Methods: We accept payments via credit card, debit card, PayPal, Apple Pay, Google Pay via the Stripe payment gateway.]. You agree to provide accurate and valid payment information.
* Billing Cycle: Subscriptions are billed monthly, or annually in advance and are automatically recurring unless canceled.
* Renewals and Cancellations: Subscriptions automatically renew at the end of each billing cycle unless you cancel your subscription before the renewal date. You can cancel your subscription through your account settings or by contacting customer support. Cancellations are effective at the end of the current billing cycle.
* Free Trials: We may offer free trials to new users. Free trial periods may be subject to specific terms and limitations, as described when you sign up for a free trial. At the end of the free trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.
* Refunds: Payments are generally non-refundable, except as required by applicable law or as expressly stated in our refund policy.
* Taxes: You are responsible for any applicable taxes, including sales tax, VAT, or GST, based on your location.
* Currency: All fees are payable in US Dollars (USD).
* Changes to Fees: We reserve the right to change our fees at any time. We will provide you with reasonable prior notice of any fee changes, which will be effective upon the next billing cycle.
Disclaimers of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DRAIPER INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
DRAIPER INC. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DRAIPER INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE ON ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICE.
DRAIPER INC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY USER CONTENT GENERATED THROUGH THE SERVICE. YOU UNDERSTAND THAT USER CONTENT IS GENERATED BASED ON USER INPUTS AND ALGORITHMS, AND MAY NOT ALWAYS BE ACCURATE, RELEVANT, OR APPROPRIATE FOR YOUR SPECIFIC PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND VERIFYING THE ACCURACY AND SUITABILITY OF ANY USER CONTENT BEFORE USING IT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRAIPER INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF DRAIPER INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DRAIPER INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, EXCEED THE AMOUNT PAID BY YOU TO DRAIPER INC. FOR THE SERVICE IN THE [e.g., TWELVE (12)] MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR [e.g., ONE HUNDRED US DOLLARS ($100)], IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DRAIPER INC., AS APPLICABLE.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT DRAIPER INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnification
You agree to indemnify, defend, and hold harmless Draiper Inc., its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of another party, including without limitation any intellectual property or privacy right. Draiper Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Draiper Inc. in asserting any available defenses.
Governing Law and Dispute Resolution
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Deleware, without regard to its conflict of law provisions.
Dispute Resolution: We encourage you to contact us at info@draiper.com if you have any concerns or disputes. We will try to resolve the dispute informally.
[Choose ONE of the following Dispute Resolution options, or a combination/variation as advised by your lawyer:]
(Option 1: Binding Arbitration) Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding arbitration administered by the [e.g., American Arbitration Association] in accordance with its [e.g., Commercial Arbitration Rules], and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in [You need to fill in your City, State!].
(Option 2: Court Litigation) You agree that any legal suit, action, or proceeding arising out of or relating to these Terms or the Service shall be instituted exclusively in the federal or state courts located in [You need to fill in your County, State!]. You irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
(Option 3: Negotiation and then [Arbitration or Litigation]) Prior to initiating any formal legal action, you agree to first attempt to resolve any dispute amicably through good faith negotiations. If such negotiations fail, then [Choose either Arbitration (Option 1 wording above) or Court Litigation (Option 2 wording above)].
Class Action Waiver WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND DRAIPER INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Modifications to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice by email prior to any new terms taking effect What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.
General Provisions
Entire Agreement: These Terms constitute the entire agreement between you and Draiper Inc. regarding the Service and supersede all prior and contemporaneous communications and proposals, whether oral or written, between you and Draiper Inc.
Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms freely.
Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Contact Information: If you have any questions about these Terms, please contact us at: administrator@draiper.com or
131 Continental Dr, Suite 305
Newark, Deleware 19713, USA
Info@draiper.com
+1 (669) 333-5277