Terms of Service 

 November, 2022 

Please read these Terms of Service (the “Terms”) and our Privacy Notice (“Privacy Notice”) carefully as they govern your use of the Shakespeare.ai website located at www.Shakespeare.ai (the “Site”), Shakespeare.ai’s copy content generation services, and any copy content generated by Shakespeare.ai’s services for you based on your User Content (defined below) (“Generated Content”). To make these Terms easier to read, the Site, our services, and the Generated Content are collectively called the “Services.” 

Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity. 

Privacy Notice. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information. 

Changes to these Terms or the Services. We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. 

Who May Use the Services? You may use the Services only if you are 18 years or older and capable of forming a binding contract with Shakespeare.ai, and not otherwise barred from using the Services under applicable law. For certain features of the Services you will need an account. It is important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You are responsible for all activities that occur under your account. 

Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you. 

Subscriptions. Shakespeare.ai requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. Any free/unpaid features or versions of Shakespeare.ai will count as a subscription and be required to adhere to the same terms and conditions. 

General. When you purchase a subscription for the Services (“Subscription”), you expressly authorize us (or our third-party payment processor) to charge you for such Subscription. We may ask you to supply additional information relevant to your Subscription, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Subscription, you authorize us to provide your Payment Information to third parties so we can complete the transaction related to your Subscription and to charge your payment method for the type of Subscription you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Subscription (such information is included within the definition of Payment Information). By initiating a Subscription, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Subscriptions are non-refundable and non-transferable except as expressly provided in these Terms. 

Paid Subscriptions.  

BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE SHAKESPEARE.AI TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW.  

You agree to pay all applicable fees related to your use of this Website which are described fully on our pricing page. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular subscription and utilized services. 

The subscription period for Paid Accounts can be month-to-month, yearly, or another duration described more fully on our pricing page. Paid Accounts are subject to fees based upon the account type you've selected. For renewals, Shakespeare.ai will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. Each Renewal Term may include a price increase of the Consumer Price Index (“CPI”) + 3% unless we notify you of a different rate before each Renewal Term starts. ALL PAYMENTS ARE NON REFUNDABLE. To the extent that payment mechanisms are provided through third parties, you agree that Shakespeare.ai will have no liability to you arising out of the acts or omissions of such third parties. If applicable, you agree to maintain current billing information. 

BY CREATING A PAID ACCOUNT, YOU CONSENT TO ALLOW SHAKESPEARE.AI TO CHARGE YOUR PAYMENT METHOD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. PLEASE PRINT OUT THESE TERMS AND CONDITIONS FOR YOUR RECORDS. 

Renewal/Cancellation. Paid Accounts will automatically renew for the same subscription period unless you cancel the account by the end of the then-current subscription period. You can cancel your account anytime within the Shakespeare.ai application by accessing the "billing" page, which is available under the "account" dropdown menu. Cancellation will be effective immediately. Please note that after you cancel your account, you may not be able to use or access the Platform, and you will not be entitled to a refund of any fees that you've paid. 

Free Trials. We may offer to certain qualifying users paid Subscriptions on a free trial basis (“Free Trial”) for a specified period. If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup. Your use of the Free Trial is subject to your compliance with such specific terms. Certain limitations may exist with respect to combining Free Trials with any other offers. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously held a paid Subscription. When you agree to a Free Trial, you are also agreeing to sign up for a paid Subscription as described above and, consequently, unless you cancel your Subscription prior to the end of your Free Trial, we (or our third party payment processor) will begin charging your payment method on a recurring annual/monthly basis for the applicable annual/monthly fee (plus any applicable taxes and other charges) at the end of the Free Trial until you cancel your Subscription. If you wish to avoid charges to your Payment Information, you must cancel your Subscription prior to midnight Eastern Time on the last day of your Free Trial period. Instructions for cancelling your subscription are stated in the section above titled “Cancelling Your Subscription. 

Your Content 

Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content.” Shakespeare.ai does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. 

Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Shakespeare.ai, its licensors, and their affiliates a non-exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license, with the right to sublicense, to use, host, store, copy, communicate, modify, create derivative works based upon, distribute, publish, publicly display, and publicly perform your User Content in connection with Shakespeare.ai, its licensors, and their affiliate providing, operating, securing, and improving their services. 

Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Shakespeare.ai on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content, (such as posts or comments you make), may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. 

Your Use of Generated Content. Subject to your compliance with these Terms, Shakespeare.ai hereby grants you a non-exclusive, worldwide, license, with the right to sublicense, to use, copy, modify, sell, create derivative works based upon, distribute, publicly display, and publicly perform Generated Content for your lawful business purposes. 

Ownership of Intellectual Property. We may make available through the Services content that is subject to intellectual property rights, including Generated Content. We and our licensors (as applicable) retain all rights to that content. 

Usage Requirements, General Prohibitions, and Shakespeare.ai’s Enforcement Rights. 

You agree that you will use the Services: 

  1. Only in a lawful manner and in compliance with all applicable laws; 
  2. In accordance with the Terms, the license granted in Section 7(e), and any documentation, usage guidelines, parameters, and other requirements provided to you by Shakespeare.ai or its licensors, as may be modified by Shakespeare.ai or its licensors from time to time; 
  3. In a manner that does not infringe, misappropriate, or otherwise violate any of Shakespeare.ai’s or its licensors’ rights or those of any other person or entity; 
  4. As it relates to Generated Content, in a manner that is consistent with the OpenAI mission and Charter, which is incorporated herein by reference, as determined by OpenAI in its sole discretion; 
  5. In a manner that does not violate these Terms, any agreement between you and anyone else or our or a third party’s rights; and 
  6. In compliance with, and you will not attempt to circumvent, any call rate limits or other restrictions that may be established by Shakespeare.ai or its licensors from time to time. You further agree that you will make reasonable efforts to reduce the likelihood, severity, and scale of any societal harm caused by your use of the Services (including the use and sharing of Generated Content) by following the OpenAI API Usage Guidelines. Shakespeare.ai and OpenAI may request information from you regarding your efforts to reduce safety risks, and you agree to provide such information.  Such information may be used to assess compliance with these Terms as well as to inform improvements to the Services (including any components thereof). 

‍You agree not to do any of the following: 

  1. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; 
  2. Distribute, sell, lend, transfer or grant any rights in or to any or all of the Services, (except for Generated Content as permitted under this Agreement); 
  3. Create any software that functions substantially the same as the Services (including any component thereof) and offer it to third parties; 
  4. Modify, alter, tamper with, repair or otherwise create derivative works (except as permitted by Section 7(e)) of the Services, or attempt to do so; 
  5. Use the Services in connection with any spyware, malware, virus, worm, trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device; 
  6. Use the Services to discover any underlying components of Shakespeare.ai’s or its licensors’ models, algorithms, and systems, such as exfiltrating the weights of any of Shakespeare.ai’s or its licensors’ models by cloning via logits; 
  7. Remove, obscure, or alter any notice, including any notice of intellectual property right appearing on or contained within the Services (including any component thereof); 
  8. Interfere or attempt to interfere in any manner with the functionality or proper working of the Services (including any component thereof); 
  9. Use, display, mirror or frame the Services or any individual element within the Services, Shakespeare.ai’s name, any Shakespeare.ai trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Shakespeare.ai’s express written consent; 
  10. Access, tamper with, or use non-public areas of the Services, Shakespeare.ai’s computer systems, or the technical delivery systems of Shakespeare.ai’s providers; 
  11. Attempt to probe, scan or test the vulnerability of any Shakespeare.ai system or network or breach any security or authentication measures; 
  12. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Shakespeare.ai or any of Shakespeare.ai’s providers or any other third party (including another user) to protect the Services; 
  13. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Shakespeare.ai; 
  14. Use web scraping, web harvesting, or web data extraction methods to extract data from the Services (including Generated Content), or Shakespeare.ai’s, its licensors’, and their affiliates’ software, models, or systems. 
  15. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; 
  16. Use any meta tags or other hidden text or metadata utilizing a Shakespeare.ai trademark, logo URL or product name without Shakespeare.ai’s express written consent; 
  17. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; 
  18. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information; 
  19. Decipher, decompile, disassemble, reverse assemble, reverse compile, decompile, translate, or reverse engineer any component or software used to provide the Services, discover the source code of any component of the Services, or attempt to do any of the foregoing; 
  20. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; 
  21. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; 
  22. Impersonate or misrepresent your affiliation with any person or entity; 
  23. Provide or upload any information to the Services that is “Protected Health Information” as defined under the Health Insurance Portability and Accountability Act; 
  24. Use the Services in a way that causes societal harm including, but not limited to, (i) misleading end users that any Generated Content was human-generated for generative use cases that do not involve a human in the loop, (ii) generating spam, and (iii) generating content for dissemination in electoral campaigns; 
  25. Use the Services in a way that violates any applicable law or regulation including, but not limited to, (i) illegal activities such as child pornography, gambling, piracy, violating copyright, trademark or other intellectual property laws, (ii) threating, stalking, defaming, defrauding, degrading, victimizing, or intimidating anyone for any reason; and 
  26. Encourage or enable any other individual to do any of the foregoing. Shakespeare.ai is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. 

DMCA/Copyright Policy
Shakespeare.ai respects copyright law and expects its users to do the same. It is Shakespeare.ai’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. 

Links to Third Party Websites or Resources
The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources. 

Termination  

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. 

Warranty Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND SHAKESPEARE.AI HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SHAKESPEARE.AI SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SHAKESPEARE.AI MAKES NO WARRANTY OF ANY KIND THAT THE SHAKESPEARE.AI IP, OR SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. SHAKESPEARE.AI STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY INTEGRATIONS. 

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES WILL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES. 

Indemnity
You will indemnify and hold Shakespeare.ai, its licensors, their affiliates, and each of their officers, directors, employees, representatives, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, (c) your violation of these Terms, or (d) your actual or alleged infringement, misappropriation, or violation of Shakespeare.ai’s, its licensors’, or any third party’s intellectual property or proprietary rights. 

Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SHAKESPEARE.AI NOR ITS SERVICE PROVIDERS AND LICENSORS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHAKESPEARE.AI OR ITS LICENSORS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL SHAKESPEARE.AI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SHAKESPEARE.AI FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SHAKESPEARE.AI, AS APPLICABLE. 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHAKESPEARE.AI AND YOU. 

Governing Law and Forum Choice 

These Terms and any action related thereto will be governed by the mandatory provisions of the law of the country in which you are resident in. Either your or SHAKESPEARE.AI also may, without waiving any remedy under these Terms, seek from any court having jurisdiction, any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). Should Anyword or you either dismiss or abandon their claim or counterclaim before the hearing, the other party will be deemed the “prevailing party” under these terms. Should both parties receive judgment or award on their respective claims, the party in whose favor the larger judgment or award is rendered will be deemed the “prevailing party” under these Terms.
 

Dispute Resolution
Please Read This Provision Carefully. It Affects Your Legal Rights.  

This provision facilitates the prompt and efficient resolution of any dispute that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding. 

This provision provides that all disputes between you and us will be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney’s fees). YOU AND SHAKESPEARE.AI AGREE THAT ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION. 

Pre-Arbitration Claim Resolution 

For all disputes, you must first give us an opportunity to cure or resolve the dispute which is first done by emailing us at support@shakespeare.ai the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. 

Class Action Waiver 

Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Shakespeare.ai specifically agree to do so following initiation of the arbitration. 

Other 

You understand and agree that by accepting this provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. If any clause within this provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable, and the dispute will be decided by a court. This provision will survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this provision if a dispute between us arises. 

General Terms 

Reservation of Rights. Shakespeare.ai and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. Notwithstanding the foregoing, Shakespeare.ai’s licensor, OpenAI LLC, exclusively owns all right, title and interest in and to Generated Content. Shakespeare.ai claims no ownership of Generated Content. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. 

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Shakespeare.ai and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Shakespeare.ai and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Shakespeare.ai’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Shakespeare.ai may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. 

Notices. Any notices or other communications provided by Shakespeare.ai under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. 

Waiver of Rights. Shakespeare.ai’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Shakespeare.ai. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.