Terms of Service

Last Updated: March 20, 2024

1. Acceptance of the Terms of Use

These terms of use are entered into by and between You and Friday Studios (Pty) Ltd, a South African private limited company ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of typeway.app (the “Website”), our desktop or mobile application, as the case may be (the “App”), including any content, functionality, and services offered on or through the Website or the App (collectively, the “Service”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Service.

This Service is offered and available to users who are 18 years of age or older. If you are under 18, you may use the Service only with the involvement of a parent or guardian. By using this Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

2. Changes to Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Service.

Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

3. Accessing the Service and Account Security

We reserve the right to withdraw or amend this Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Service.
Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and comply with them.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information (“Account Information”). Account Information means information about you that you provide to us in connection with the creation or administration of your Typeway account. For example, Account Information includes names, usernames, phone numbers, email addresses, and billing information associated with your Typeway account. It is a condition of your use of the Service that all the Account Information you provide on the Service is correct, current, and complete. You agree that all Account Information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use.

4. Content Defined; User Contribution Defined

“AI Assisted Content” means the collective output insights generated and returned by the AI Feature ("Output") and the metadata processed on and through the Service ("Input").

“Content” means data, inputs, text, notes, audio, video, or images.

“Your Content” means Content that you transfer to us for processing, storage or hosting by the Service in connection with your Typeway account. For example, Your Content includes Content that you store in the Service. You are responsible for Your Content. You will ensure that Your Content and your use of Your Content or the Service will not violate any of these Terms of Use, our Privacy Policy, or any applicable law. Your Content does not include Account Information or any unidentifiable, non-proprietary and non-confidential data, including RUM Sessions (i.e., pageviews and associated telemetry) or data logs (i.e., digital records of events that occur in a system, application, or network device).

“User Contribution” means Your Content that you post, link, share, submit, publish, display, transmit, or otherwise make available to other users or other persons (hereinafter, "Post" or “Posted”) on or through the Service and publish publicly to potentially anyone on the internet. For example, Your Content Posted on message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, reviews and other interactive features. User Contributions may include proprietary information.

5. Data Privacy

You consent to the storage of Your Content in the Service. We will not access or use Your Content (but see Section 10 regarding User Contributions) except as necessary to maintain or provide the Service, or as necessary to comply with the law or a binding order of a governmental body. We will not disclose Your Content to any government or third party, except in each case as necessary to comply with the law or a binding order of a governmental body. Unless it would violate the law or a binding order of a governmental body, we will give you notice of any legal requirement or order referred to in this Section 5. We will use your Account Information in accordance with the Privacy Policy, and you consent to such usage. The Privacy Policy does not apply to Your Content, excluding User Contributions.

6. Proprietary Rights

Your Content. Except as provided in this Section 6 and Section 10 (User Contributions), we obtain no rights from you to Your Content. You consent to our use of Your Content to provide the Service to you. If you elect to use the AI Feature, you are opting to share Your Content with a third-party AI technology provider, as set forth in the AI Policy.

Adequate Rights. You represent and warrant to us that:

You own all right, title, and interest in and to Your Content.
You have all rights in Your Content necessary to grant the rights contemplated by this Agreement.
None of Your Content or use of Your Content or the Service will violate the Acceptable Use Policy.

7. Intellectual Property Rights

Excluding Your Content, the Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Service for your personal use. Excluding Your Content, you must not reproduce, distribute, modify, create derivative works of, publicly perform, republish, download, store, or transmit any portion of the Service or any information contained therein, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify or otherwise make any derivative uses of the Service or any portion thereof.
Use any data mining, robots, or similar data gathering or extraction methods.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Reverse engineering or access the Service to build a competitive product or service.
Use the Service other than for its intended purposes.

8. Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

9. Acceptable Use Policy

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You may not use, or facilitate or allow others to use, the Service:

For any illegal or fraudulent activity.
To violate the rights of others.
To threaten, incite, promote, or actively encourage violence, terrorism, or other serious harm.
For any content or activity that promotes child sexual exploitation or abuse.
To violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device.
To distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (or “Spam”).

Additionally, you may not:

Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real-time activities through the Service.
Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Service.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Service.

10. User Contributions

All User Contributions, as defined in Section 4, must comply with the Acceptable Use Policy set out in these Terms of Use. All User Contributions will be considered non-confidential. By providing any User Contribution on the Service, you grant us and our licensees, successors, and assigns the right and license to use, reproduce, modify, perform, display, format, distribute, and otherwise disclose to third parties any such material for any purpose.

You retain all of your rights to Your Content on the Service. However, you acknowledge that copies of the content or metadata relating to the User Contributions that you have shared with other users on the Service, published to the web, or otherwise made available may be accessible indefinitely.

With respect to User Contributions, we have the right to:

Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Terminate or suspend your access to all or part of the Service for any violation of these Terms of Use.

11. Responsible AI Policy

The Service includes generative AI. These AI terms and conditions ("AI Terms") govern the use of the artificial intelligence ("AI") and machine learning (“ML”) features available through the Service ("AI Feature"), and are an important part of these Terms of Use.

The Company hereby grants a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the AI Feature. The use of the AI Feature is subject to your compliance with any and all applicable laws and these Terms of Use, including this Responsible AI Policy.

Prohibitions: You may not use, or facilitate or allow others to use, the AI Feature:

For intentional disinformation or deception.
To violate the privacy rights of others, including unlawful tracking, monitoring, and identification.
To depict a person’s voice or likeness without their consent or other appropriate rights, including unauthorized impersonation and non-consensual sexual imagery.
For harm or abuse of a minor, including grooming and child sexual exploitation.
To harass, harm, or encourage the harm of individuals or specific groups.
To intentionally circumvent safety filters and functionality.

12. Copyright Policy

We comply with applicable copyright laws in South Africa, including notice-and-takedown procedures for copyright infringement claims. To report any copyright violations, please contact us at support@typeway.app with all necessary details.

13. Reliance on Information Posted

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

14. Changes to the Service

We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

15. Information About You and Your Visits to the Service

All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You may create a hyperlink to the Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

17. Links from the Service

The Service may contain links to other sites and resources provided by third parties. These links are provided for your convenience only, and we have no control over the contents of those sites or resources.

18. Subscriptions

Subscriptions are offered on a recurring basis (monthly or annually). You agree that your subscription will automatically renew unless canceled. Cancellation will take effect at the end of the current billing cycle.

19. Cancellation; Termination

You may cancel your subscription at any time. Cancellations will take effect at the end of your current billing cycle.

20. Refunds

Certain refund requests may be considered by the Company on a case-by-case basis and granted at the Company’s sole discretion.

21. Fee Changes

The Company may, at its discretion, modify subscription fees. Changes will take effect at the start of the next billing cycle.

22. Free Trial

The Company may offer free trials. Free trials may be canceled at any time before the trial period ends.

23. Geographic Restrictions

The Service is intended for use by individuals located in South Africa. Accessing the Service from other jurisdictions may not be legal.

24. Disclaimer of Warranties

The Service is provided on an “as-is” and “as-available” basis. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

25. Limitation on Liability

To the fullest extent permitted by law, the Company is not liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Service.

26. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from any claims, liabilities, damages, or expenses arising out of your use of the Service.

27. Governing Law and Jurisdiction

These Terms of Use and any disputes shall be governed by the laws of South Africa. Any legal proceedings will take place in the courts of South Africa.

28. Arbitration

At the Company's sole discretion, disputes may be submitted to arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA).

29. Limitation on Time to File Claims

Any claim or cause of action must be commenced within one (1) year after it arises or is permanently barred.

30. Waiver and Severability

No waiver of any term shall be deemed a further or continuing waiver. If any provision is held invalid, the remaining provisions will remain in effect.

31. Entire Agreement

These Terms of Use and our Privacy Policy constitute the entire agreement between you and the Company regarding the Service.

32. Your Comments and Concerns

This Service is operated by Friday Studios (Pty) Ltd, a South African private limited company.
For any feedback or concerns, please contact us at:
Email: support@typeway.app