Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Annot8 ("Company," "we," "us," or "our") governing your access to and use of the Annot8 website, applications, and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

2. Description of Service

Annot8 is a website annotation and feedback platform that enables users to:

• Add visual comments and annotations directly on websites
• Collaborate with team members on website feedback and reviews
• Integrate a feedback widget into websites using our JavaScript SDK
• Manage projects, workspaces, and team members through our dashboard

3. Account Registration

3.1 Account Creation

To use certain features of the Service, you must register for an account. When creating an account, you agree to provide accurate, current, and complete information.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

3.3 Account Requirements

You must be at least 16 years old to create an account. By creating an account, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service in any way that violates applicable laws or regulations
• Use the Service to harass, abuse, defame, or intimidate others
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service to collect personal information about others without consent
• Use the Service to send spam or unsolicited communications
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use automated means (bots, scrapers) to access the Service without permission
• Install our widget on websites without proper authorization from the website owner

5. User Content

5.1 Your Content

"User Content" includes all content you create, upload, or transmit through the Service, including annotations, comments, feedback, and project data. You retain ownership of your User Content.

5.2 License Grant

By submitting User Content, you grant Annot8 a worldwide, non-exclusive, royalty-free license to use, store, display, and distribute your User Content solely for the purpose of providing, maintaining, and improving the Service.

5.3 Content Responsibility

You are solely responsible for your User Content. You represent that you have all necessary rights to submit your User Content and that it does not violate any third party's rights or applicable laws.

6. Intellectual Property

6.1 Our Property

The Service, including its original content, features, and functionality, is owned by Annot8 and is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.

6.2 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation to you.

7. Subscription and Payment

7.1 Free and Paid Plans

Annot8 offers both free and paid subscription plans. Features available in each plan are described on our pricing page.

7.2 Billing

For paid plans, you agree to pay all fees associated with your subscription. Fees are billed in advance on a monthly or annual basis and are non-refundable except as required by law.

7.3 Price Changes

We reserve the right to modify our pricing at any time. We will provide reasonable notice of any price changes and such changes will take effect at the start of your next billing cycle.

7.4 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will continue to have access to paid features until the end of your current billing period.

8. Third-Party Websites

The Service may contain links to third-party websites or services that are not owned or controlled by Annot8. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that Annot8 shall not be responsible or liable for any damage or loss caused by your use of any such third-party content.

9. Widget Installation

By installing our widget on a website, you represent and warrant that:

• You have the authority to install third-party code on that website
• The website owner has consented to the installation of our widget
• You will comply with all applicable laws regarding data collection on that website
• You will inform website visitors about the use of our Service through appropriate privacy disclosures

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANNOT8 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANNOT8, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICE
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
• ANY CONTENT OBTAINED FROM THE SERVICE
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. Indemnification

You agree to defend, indemnify, and hold harmless Annot8 and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of another.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings.

13.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

13.3 Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Annot8 is established, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of that jurisdiction.

15. Dispute Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@annot8.app. We will attempt to resolve the dispute within 30 days. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Annot8 regarding the Service and supersede all prior agreements and understandings.

19. Contact Us

If you have any questions about these Terms, please contact us: