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    • Terms of Use

    Last Updated: March 29, 2025

    Welcome to Wordclaim! These Terms of Use ("Terms") govern your access to and use of the Wordclaim website, mobile application, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

    1. Definitions

    • "Wordclaim," "we," "us," or "our" refers to Wordclaim, Inc., the company operating the Service.
    • "User," "you," or "your" refers to any individual or entity using the Service.
    • "Content" means any text, images, videos, or other materials you upload, post, or share on the Service.
    • "Claimed Words" refers to specific words or phrases you have paid to control on the Service.

    2. Eligibility and Age Restrictions

    • You must be at least 18 years old to use the Service.
    • By using Wordclaim, you confirm that you meet these age requirements.

    3. User Conduct

    You agree not to use the Service to:

    • Post, upload, or share Content that is:
      • Illegal, obscene, pornographic, defamatory, or invasive of privacy;
      • Promoting or encouraging illegal activities under United States or applicable local laws;
      • Infringing on the intellectual property rights of others;
      • Political in nature;
      • Promoting or discouraging activities that are commonly considered controversial.
    • Harass, threaten, or intimidate others.
    • Impersonate any person or entity.
    • Interfere with or disrupt the Service, its servers, or connected networks.
    • Violate any applicable laws or regulations.

    4. Intellectual Property

    • Wordclaim’s Rights: We retain all rights, title, and interest in the Service, including all intellectual property rights (e.g., trademarks, logos, software, and design elements).
    • Your Content: By posting Content, you grant Wordclaim a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, perform, modify, and analyze your Content in connection with operating, improving, and promoting the Service. This includes using Content for purposes such as:
      • Machine learning and AI development (e.g., training models to enhance features);
      • Analytics and behavioral tracking (e.g., heat maps, screen recordings);
      • Archival and backup purposes.
        This license persists even if you stop using the Service or your account is terminated, unless otherwise specified.
    • Content After Non-Payment: If your account is terminated due to non-payment, Wordclaim retains the right to use your Content internally (e.g., for machine learning or archival) but will not display it publicly unless the Claimed Words are reassigned to another user.

    5. Payment and Refund Policy

    • Payment Processing: Payments are processed via third-party payment processors (e.g., Stripe, PayPal). You agree to their terms when making payments.
    • Recurring Fees: To maintain control over Claimed Words, you must pay recurring fees as outlined on the Service (e.g., monthly subscriptions).
    • Non-Refundable Payments: All payments are non-refundable unless otherwise required by law.
    • Chargebacks: Initiating a chargeback may result in account suspension and liability for any fees or costs incurred by Wordclaim.

    6. Claiming and Maintaining Words

    • Claiming Words: Users may claim words by paying the applicable fee. Ownership is granted to the first user to complete payment.
    • Non-Payment Consequences:
      • After 7 days of non-payment: Wordclaim may make Claimed Words available for other users to claim.
      • After 60 days of non-payment: Wordclaim may delete your Content and terminate your account.
    • Word Claiming Disputes: If multiple users attempt to claim the same word, ownership is determined by the first completed payment. Abandoned words (unpaid for 7 days) may be reclaimed by others.
    • Content Ownership After Transfer: If a Claimed Word is reassigned, your Content will no longer be publicly displayed but may be retained by Wordclaim for internal use (e.g., machine learning, archival). You have 7 days post-termination to request a copy of your Content before it is permanently deleted.

    7. Content Moderation and Responsibility

    • Ownership: You retain ownership of your Content, subject to the license granted to Wordclaim.
    • Responsibility: You are solely responsible for your Content and its consequences. Wordclaim does not endorse or verify the accuracy, truthfulness, or reliability of user Content.
    • Moderation Rights: Wordclaim reserves the right (but not the obligation) to monitor, review, edit, or remove any Content that:
      • Violates these Terms;
      • Is deemed objectionable, offensive, or harmful in Wordclaim’s sole discretion;
      • Poses a legal, operational, or reputational risk to Wordclaim.
    • Liability Disclaimer: Wordclaim is not liable for user-generated Content, including any claims arising from its use or misuse, consistent with Section 230 of the Communications Decency Act.

    8. Service Modifications

    Wordclaim reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. This includes:

    • Changing features or functionality;
    • Adjusting pricing or payment terms;
    • Discontinuing support for certain devices or platforms.
      We are not liable to you or any third party for such changes.

    9. Privacy and Data Usage

    • Your use of the Service is subject to our Privacy Policy ( https://wordcla.im/meta/privacy/) which details how we collect, use, and share your information.
    • Behavioral Tracking: Wordclaim may use tools like screen recordings and heat maps to analyze user behavior and improve the Service.
    • Third-Party Sharing: We may share data with third parties (e.g., analytics providers, payment processors) to operate the Service. Data used for machine learning is typically anonymized or aggregated unless otherwise specified.
    • Email Marketing: You may receive marketing emails from Wordclaim, with an option to unsubscribe or manage preferences as required by laws like CAN-SPAM.

    10. International Users

    • The Service is hosted and operated in the United States under U.S. law. If you access the Service from outside the U.S., you are responsible for complying with local laws (e.g., GDPR for EU users).
    • Wordclaim may transfer data internationally and strives to comply with applicable data protection laws, but makes no guarantee of compliance with every jurisdiction’s regulations.

    11. Termination

    • By Wordclaim: We may suspend or terminate your account and access to the Service at any time, without notice, for reasons including:
      • Violation of these Terms;
      • Non-payment;
      • Legal or security risks.
    • By You: You may terminate your account by contacting us at support@wordcla.im.

    12. Disclaimers and Limitations of Liability

    • Disclaimers: The Service is provided "as is" and "as available" without warranties of any kind, express or implied (e.g., merchantability, fitness for a particular purpose). We do not guarantee uninterrupted, error-free, or secure operation.
    • Limitations: To the fullest extent permitted by law, Wordclaim is not liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, or goodwill arising from your use of the Service.

    13. Indemnification

    You agree to indemnify, defend, and hold harmless Wordclaim, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including attorneys’ fees) arising from:

    • Your use of the Service;
    • Your Content;
    • Your violation of these Terms or applicable laws.

    14. Governing Law and Dispute Resolution

    • Governing Law: These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of law principles.
    • Arbitration: Any disputes arising from these Terms or the Service will be resolved through binding arbitration in Palm Beach County, Florida, under the rules of the American Arbitration Association. You waive the right to participate in class action lawsuits or class-wide arbitration.

    15. Modifications to Terms

    We may update these Terms at any time by posting the revised version on the Service. Your continued use after such changes constitutes acceptance of the new Terms.

    16. Contact Us

    For questions or concerns about these Terms, contact us at support@wordcla.im.