Terms of Service

LAST UPDATED: December 23, 2024

This Terms of Service Agreement (“Agreement”) governs your use of the applications, products, and other services (collectively, the “Services”), including but not limited to our mobile apps, software as a service, APIs, and self-hostable apps, offered by CovertCat, LLC (“CovertCat,” “CommentCraft,” “we,” “our,” or “us”).

Please read this Agreement carefully. By accessing or using our products, websites, or Services, you agree to these Terms and any additional policies or rules we reference. If you do not agree, you may not use the Services.

We may revise these Terms at any time by updating the “LAST UPDATED” date, and changes take effect immediately upon posting. Continued use constitutes acceptance of the revised Terms, which supersede all prior versions. If you disagree with any changes, stop using our Services. We may modify or discontinue any portion of the Services without notice, and these Terms do not alter any separate written agreement you may have with us.

1. Use of Services

1.1 Account

Eligibility: By creating an account, you represent that you are (i) at least 18 years old, (ii) not in a country under a U.S. embargo or designated as “terrorist-supporting,” and (iii) not on any U.S. government list of prohibited or restricted parties. If we discover you misrepresented your age or otherwise lack eligibility, we may immediately restrict or terminate your account and delete associated data.
Registration: You must provide complete and truthful information. If any details become inaccurate, false, or misleading, we may suspend or terminate your account.
Security: You are responsible for maintaining the confidentiality of your account. Notify us immediately of any unauthorized access or security breaches. We are not liable for any loss resulting from your failure to protect your account or for any acts or omissions related to your account.

1.2 Right to Use the Services

Subject to your compliance, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for personal or internal business purposes, not for resale or distribution. We may modify, suspend, or discontinue the Services (or parts thereof) without notice. If the Services are discontinued, we will use reasonable efforts to allow you to export information for 30 days. We reserve the right, at our sole discretion, to terminate inactive accounts after providing at least 30 days’ notice to the email address on file.

1.3 Restrictions

You will not, nor permit others to:
(a) copy, modify, distribute, or create derivative works of the Services;
(b) reverse engineer, decompile, or extract source code, except as permitted by law;
(c) bypass security measures or use automated tools to access the Services;
(d) disrupt or interfere with the Services’ integrity (e.g., introducing viruses, overloading systems); or
(e) scrape or access content via unauthorized methods.

1.4 Intellectual Property

All intellectual property rights, title, and interest in the Services and accompanying documentation are the exclusive property of CovertCat (or its licensors). These Terms do not transfer any ownership rights to you.

1.5 Termination

We reserve the right, at our sole discretion, to revoke or restrict access to the Services or terminate accounts at any time, without prior notice or liability, for any reason whatsoever, including, but not limited to, a breach of these Terms or engagement in prohibited activities. Upon termination, all rights to use the Services will immediately cease.

2. Subscription, Fees, and Payment

2.1 Subscription Plans

By subscribing to our Services, you agree to pay the fees disclosed at checkout. Subscriptions automatically renew at the current rate unless canceled before the end of the billing cycle. If paying by credit card, you authorize the card issuer to process fees until cancellation or termination. If payment is declined, you agree to pay all amounts due upon demand, including reasonable collection costs. You are responsible for maintaining accurate and current billing information and covering any transaction fees imposed by your card issuer.

2.2 Refunds & Cancellations

Unless required by law or otherwise stated in this Agreement, all subscription fees and payment obligations are non-cancelable and non-refundable. You may cancel any time to prevent renewal, and your access will continue through the current billing period. We issue refunds solely at our discretion.

2.3 Taxes

Fees may not include any applicable taxes, duties, levies, tariffs, or other governmental charges ("Taxes"), which will be added to your fees at checkout. You are responsible for all Taxes and any related interest or penalties arising from your payments, except for taxes based on our net income.

2.4 Fee Changes

We may adjust fees at any time with reasonable notice, effective at the start of your next billing cycle. Continued use after the new rate is effective means you accept the updated fees.

2.5 Payment Issues

Contact us promptly with billing errors or disputes. Failure to provide accurate billing data can result in suspension or termination of your subscription.

2.6 Future Functionality

Your purchases are not contingent on future functionality or features, or any statements, oral or written, regarding potential future functionality.

3. Confidentiality

Each party acknowledges that, in performing these Terms, both may access the other’s non-public, proprietary information ("Confidential Information"). This includes information explicitly marked as confidential or that, by its nature, should reasonably be understood as such. Confidential Information may encompass intellectual property, customer data, marketing plans, technical details, or strategic information.
Each party agrees to:

Use the other’s Confidential Information solely for purposes set forth in these Terms;
Protect it against unauthorized access or disclosure;
Not reproduce or create derivative works from it, except as necessary to fulfill these Terms;
Limit access to only those individuals or entities bound by similar confidentiality obligations;
Return or destroy all Confidential Information upon termination of these Terms or at the written request of the disclosing party, providing certification of destruction if required.

These obligations do not apply to information that:

Becomes publicly available through no fault of the receiving party;
Is lawfully obtained from a third party without restriction;
Is disclosed by the disclosing party without confidentiality restrictions;
Was already in the receiving party’s lawful possession before disclosure; or
Is independently developed without reference to the disclosing party’s Confidential Information.

Neither party shall issue press releases or public statements regarding these Terms or the other party without obtaining prior written consent.

4. Data Ownership

We do not claim ownership of any data or materials you provide ("Data"). By submitting Data, you grant us a non-exclusive, worldwide, sublicensable, transferable, royalty-free license to use, reproduce, modify, and create derivative works from it solely to provide and improve our Services. You confirm that you or your licensors hold all necessary rights to the Data and have the authority to grant us these rights.
We may store and use your Data and related metadata (including IP addresses, stored sessions, account credentials, and network data) to administer, develop, and enhance the Services. By using our Services, you consent to our collection, transmission, processing, and analysis of such Data for these purposes, as well as for monitoring compliance.
All original content, features, and functionality within the Services remain our exclusive property or that of our licensors, subject to applicable laws. By using our Services, you also agree to our Privacy Policy, which outlines how we collect, use, and protect your data.

5. Your Feedback

You assign to us all rights, title, and interest in any feedback, suggestions, or comments ("Feedback") you provide. If such assignment is deemed ineffective, you grant us a perpetual, irrevocable, royalty-free, fully paid, sublicensable, transferable, worldwide license to use, reproduce, disclose, distribute, modify, create derivative works of, and otherwise exploit the Feedback without restriction.

6. Acceptable Use

You may use our Services only in compliance with these Terms and applicable law, bearing sole responsibility for ensuring that your use adheres to all laws, regulations, and third-party rights. We reserve the right to deny access, terminate contracts, or report misconduct to authorities if you violate these Terms, infringe third-party rights, harm our interests, or act offensively toward us or others. You are solely responsible for any content you submit, publish, or share through the Services. You agree not to, among other restrictions:

Upload illegal or harmful content;
Impersonate others or misrepresent your affiliation;
Infringe intellectual property rights;
Send spam or unauthorized promotions;
Introduce viruses or malicious code;
Collect data on children under 13;
Violate any laws or regulations;
Harass individuals or store personal data unlawfully.

7. Third-Party Content

Our Services may link to or integrate third-party websites, resources, content, products, or services ("Third-Party Content") that we do not own, control, or operate. We do not endorse, guarantee, or assume responsibility for the accuracy, quality, availability, or legality of such content, nor for their privacy practices or terms. All opinions, advice, or information provided by third parties are solely their responsibility and do not reflect our views. By using our Services, you may encounter content that is offensive, indecent, or objectionable; it is your sole responsibility to evaluate such content. We are not liable for any direct or indirect damages or losses arising from your use of or reliance on Third-Party Content, including goods, services, or information accessed through them. Your interactions with third-party offerings are entirely at your own risk, and we strongly encourage you to review their terms, conditions, and privacy policies before engaging with them.

8. Terms and Termination

This Agreement remains effective until all trials and subscriptions have expired or been terminated. At our sole discretion, it may continue to govern your use of core functionality after termination. Your rights under this Agreement automatically terminate, and we may suspend or terminate your account and access to the Services without notice if you breach these Terms, act in a way that suggests non-compliance or inability to comply, or if we suspect misuse. Additionally, we may suspend or limit access as needed to prevent, investigate, or address any suspected misuse of the Services. Provisions intended to survive termination, including but not limited to Confidentiality, Indemnification, and any other clauses related to liability or core functionality, will remain enforceable.

9. Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis, without any kind of warranty, whether express or implied. To the fullest extent permitted by law, we and our suppliers disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, as well as any arising out of course of dealing or usage of trade. We do not guarantee that the Services will be uninterrupted, error-free, secure, or free of harmful components, nor do we warrant the accuracy, reliability, or completeness of any information provided. Your use is at your sole risk, and you alone bear responsibility for any damage or loss resulting from downloading or accessing materials through the Services. No advice or information, whether oral or written, creates any warranty beyond what is explicitly stated. Because some jurisdictions do not allow the exclusion of implied warranties, these disclaimers may not apply to you. Your rights may vary based on your jurisdiction.

10. Limitation of Liability

To the maximum extent permitted by law, we, along with our affiliates, licensors, and suppliers, are not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses, even if advised of the possibility of such damages.
In all cases, our total liability for any claims arising out of or related to your use of the Services will not exceed the total amount you have paid to us for the Services in the twelve (12) months immediately preceding the claim, regardless of the form of action, whether in contract, tort, or otherwise.
Certain jurisdictions may not allow the exclusion or limitation of liability for incidental or consequential damages. Accordingly, some or all of the above limitations may not apply to you, depending on your jurisdiction.

11. Indemnification

You agree to defend, indemnify, and hold us, our affiliates, licensors, suppliers, officers, directors, employees, agents, and representatives harmless from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your breach of these Terms, or your violation of any third-party rights. This obligation includes defending against and resolving any actions or claims resulting from your use of the Services or related content.

12. Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, changes in law or regulations, Internet or telecommunications failures, or other unforeseen events. Our obligations will be suspended for the duration of such events.

13. Assignment of Rights

We may assign or transfer our rights and obligations under these Terms, in whole or in part, at any time and may provide notice if deemed necessary. You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent.

14. No Waiver / Severability

No waiver of any term shall be considered a waiver of any other term. If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect, enforced to the fullest extent possible to reflect the parties’ original intent.

This entire Agreement is governed by the laws of the State of Delaware, excluding its conflict-of-law rules. For U.S. residents, all disputes, claims, or controversies arising from or related to these Terms or the Services must be brought exclusively in the state or federal courts located in Delaware, and you irrevocably consent to personal jurisdiction and venue there while waiving any defenses of inconvenient forum. For non-U.S. residents, any such dispute shall be resolved via confidential arbitration in Delaware under the International Arbitration Rules of the American Arbitration Association, and the arbitrator’s decision is final and binding. However, if a dispute involves our intellectual property rights, we may seek injunctive or other appropriate relief in the Delaware courts without requiring arbitration. If any portion of this section or the Agreement is found invalid or unenforceable, the remaining provisions remain in effect, and any that by their nature survive (including, but not limited to, Restrictions, Disclaimers, Indemnification, and Limitation of Liability) continue after termination. Upon termination or expiration, we will delete your data within thirty (30) days under our data retention policy. Where local law provides non-waivable consumer-protection rights, these Terms do not limit such rights. Nothing here prevents either party from seeking relief in small-claims court for eligible disputes, and we may also pursue injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property rights.