Talking Draft

Talking Draft Terms of Service

Use

You are allowed to use Talking Draft for both personal and commercial uses. You are responsible for the activity that happens on or actions taken through your Talking Draft Account.

Password

It’s your responsibility to use a secure password and keep it secure.

Your Conduct

Don’t misuse Talking Draft. Talking Draft is a creative medium for creating and telling stories. You are not permitted to write or store illegal content. You are not permitted to use Talking Draft in a manner that would cause any applicable law(s) to be broken. You are not permitted to engage in free trial abuse.

Your Content

Talking Draft does not claim any ownership or rights to the content you create or store on Talking Draft. Talking Draft takes no responsibility and assumes no liability for any content provided by you. You represent and warrant that you own or are the licensee of any content created or stored on Talking Draft. Talking Draft has the right, but not the obligation, to monitor any content created or stored on Talking Draft and take any action with respect to such content if Talking Draft believes such content violates these terms or infringes on any third party rights. If you delete your Talking Draft account, your content will be removed or deleted from Talking Draft, subject to Talking Draft’s internal record-keeping and data retention policies.

User Accounts

Talking Draft allows you to use the app only when signed in and provides an amount of complimentary minutes of transcription time, with a method of earning more free minutes by referral. The intention is to provide new users with an easy way to get to know the app. Talking Draft takes no responsibility and assumes no liability for any use/misuse of the app. Talking Draft will attempt to temporarily save multiple stories for users in our free usage tier, and if later on a paid plan, Talking Draft will attempt to maintain all stories, but makes no guarantees and does not warrant as such.

File Export Format

We created a “Parsable Script Format” (PSF) to facilitate the exchange of story data between Talking Draft and 3rd party software, as well as a means for our users to back up stories locally. Although we strive for zero data loss, we make no commitments with regard to the completeness of data exported from Talking Draft via PSF. Additionally, PSF may change over time, as will Talking Draft itself, and we make no commitments with respect to forward or backward compatibility between Talking Draft and different versions of PSF.

Analysis of your work

Talking Draft does not own any of your content, or read your work, but does retain the right to analyze your usage of the application. Understanding how people outline is what helps us make a better writing tool.

Announcements

We may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Talking Draft Services

Unless you already own it, using Talking Draft does not otherwise grant you ownership of any Talking Draft intellectual property on the website www.talkingdraft.com or the application app.talkingdraft.com. You may not use content such as marketing or story structure definitions from Talking Draft unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in Talking Draft.

Copyright

Talking Draft does not reserve any rights to the material you generate using its software. You are responsible for copyrighting your own work.

Content Restrictions

We do not review your content, we do not analyze your scripts or outlines, we do not read your stories, we do not listen to your audio recordings.  

Client Software

Our software is not open source and you are not permitted to duplicate or modify it in any way.

Changes to Talking Draft

We reserve the right to change the software regardless of how it affects the public display of your story. This includes adding and removing features. We will attempt to give advance notice via email if we feel a change in the software will have an impact on the public display of your content.

Canceling a Paid Subscription

Your paid plan will remain in effect until it may be terminated under these Terms. If you are on a recurring monthly plan, you may downgrade your paid plan at any time by modifying the Plan settings in your account page. Your cancellation or downgrade will apply to the next billing period after the current service term expires. If you don’t pay for your paid plan on time, we reserve the right to downgrade your account to a pay-as-you-go tier.

Plan and Price Changes

We may change the monthly or annual cost of a subscription but will give you prior notice of these changes. These changes will apply after your current service term expires, when the next payment is due from you after the notice. We will give you at least 30 days’ prior notice by email (or other adequate form of notice) of a price increase before you are charged. If you do not wish to continue with the updated price, you may downgrade your paid plan at any time.

Warranties and Disclaimers

We provide Talking Draft using a reasonable level of skill and care and we hope that you will enjoy using Talking Draft. But there are certain things that we don’t promise about Talking Draft. Other than as expressly stated, we don’t make any commitments about the specific functionality available through Talking Draft, its reliability, completeness, quality, accuracy, implied warranties of non-infringement, availability, security, merchantability, or ability to meet your needs. IF YOU ARE DISSATISFIED WITH TALKING DRAFT, YOUR SOLE REMEDY IS TO DISCONTINUE USING TALKING DRAFT. Some jurisdictions do not allow the disclaimer of warranties, so such disclaimer may not apply to you.

Liability for Talking Draft

Talking Draft is not responsible or liable for:

(a) losses that were not caused by our breach of these Terms;

(b) any loss or damage that was not, at the time when the relevant contract with you was formed, a reasonably foreseeable consequence of Talking Draft breaching the Terms; or

(c) losses relating to any business of yours including lost profits, revenues, opportunity or data.

THE TOTAL LIABILITY OF TALKING DRAFT FOR ANY CLAIMS UNDER THESE TERMS OR ARISING FROM OUR SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES FOR THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO TIME SUCH CLAIM ARISES (OR, IF THE SUBJECT OF THE CLAIM IS THE FREE SERVICE, TO SUPPLYING YOU THE SERVICES AGAIN).

Nothing in these terms is intended to exclude or limit the liability of Talking Draft and its suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded by law. Nothing in these terms shall affect your statutory rights.

About these Terms

At any time, we may modify these Terms or any additional terms that apply to Talking Draft, for example: to reflect changes to Talking Draft or to the law, custom, or political or economic policy; or in response to guidelines issued by regulators or relevant industry bodies; or to enable Talking Draft to meet its obligations. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted or notified to you. However, changes addressing new functions or features (“New Services”) or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a New Service, you should discontinue your use of that New Service (see “Warranties and Disclaimers” above, for more information).

If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control for that conflict.

These Terms control the relationship between Talking Draft and you. They do not create any third party beneficiary rights.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

Dispute Resolution

The parties shall attempt to resolve any disputes through good faith business negotiations or facilitative mediation in Los Angeles, California. Except as otherwise determined by Talking Draft, in its sole discretion, all disputes or claims arising out of or relating to these Terms shall be settled by arbitration, to be conducted by a single arbitrator in Los Angeles, California, by and in accordance with the then effective commercial rules of the American Arbitration Association; provided that the arbitrator shall not have authority to issue injunctions. Judgment upon the award may be entered in any court having jurisdiction thereof. Other legal proceedings, if any, shall be initiated and maintained in Los Angeles County, California. The parties expressly submit to the exclusive personal jurisdiction and venue of these forums and courts and waive any objection on the grounds of personal jurisdiction, venue, or forum non conveniens.

Attorneys’ Fees and Costs

If any litigation or other court action, arbitration, or similar adjudicatory proceeding is commenced by any party to enforce its rights under these Terms against the other party, all fees, costs and expenses, including, without limitation, cost of arbitration, reasonable attorneys’ fees and court costs, incurred by Talking Draft, if it is the prevailing party in such litigation, action, arbitration or proceeding, shall be reimbursed by you; provided, that if TalkingDraft.com prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by Reagan.com on an equitable basis.

CONTACT INFORMATION

If you have any questions or concerns about these Terms, please email us at support@TalkingDraft.com.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.