Terms of Service

1. Acceptance of Terms

Welcome to Blogster ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of Blogster's AI-powered content generation platform, website, and services (collectively, the "Service") available at useblogster.com.

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

Important: These Terms contain an arbitration clause and class action waiver that affect your legal rights. Please read Section 14 carefully.

2. Description of Service

Blogster is an AI-powered content generation platform that enables users to:

• Generate blog posts, articles, and other written content using artificial intelligence
• Create and manage content personas and templates
• Organize and publish content
• Access AI-powered writing assistance and editing tools
• Manage subscription plans and credits

Our Service uses third-party AI models (primarily OpenAI's GPT models) to generate content based on your prompts and preferences. The quality and accuracy of generated content may vary.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 13 years old (or 16 in the European Economic Area) to use our Service. If you are under 18, you must have permission from a parent or legal guardian.

3.2 Account Creation

To use certain features of the Service, you must create an account by providing:

• A valid email address
• A secure password
• Accurate profile information

Alternatively, you may register using Google OAuth authentication.

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information is accurate and up-to-date

3.4 One Account Per User

You may only create one account. Creating multiple accounts to circumvent usage limits, subscription restrictions, or for fraudulent purposes is strictly prohibited.

4. Subscription Plans and Billing

4.1 Subscription Tiers

We offer the following subscription tiers:

• Free Tier: Limited credits and features
• Basic Tier: Monthly subscription with increased credits and features
• Pro Tier: Monthly subscription with advanced features and higher credit limits
• Premium Tier: Monthly subscription with unlimited or highest-tier access

Current pricing, features, and credit allocations are available on our pricing page at useblogster.com/pricing.

4.2 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. By providing payment information, you:

• Authorize us to charge your payment method for all fees incurred
• Agree to Stripe's Terms of Service and Privacy Policy
• Represent that you are authorized to use the payment method provided
• Agree to pay all applicable taxes

4.3 Billing Cycle and Renewal

• Subscriptions are billed on a monthly basis
• Your subscription automatically renews at the end of each billing period
• You will be charged the then-current subscription fee
• You can cancel auto-renewal at any time through your account settings

4.4 Credits System

• Content generation consumes credits based on complexity and length
• Credits are allocated monthly based on your subscription tier
• Unused credits do not roll over to the next billing period unless specified
• Additional credits can be purchased separately
• Credits are non-refundable and have no cash value

4.5 Price Changes

We reserve the right to change our pricing at any time. We will provide at least 30 days' notice of any price increases. Continued use of the Service after the price change constitutes acceptance of the new pricing.

4.6 Refund Policy

Subscription fees are generally non-refundable. However, we may provide refunds at our sole discretion in cases of:

• Service outages or technical issues that prevent you from using the Service
• Billing errors or unauthorized charges
• Other exceptional circumstances

To request a refund, contact support@useblogster.com within 7 days of the charge.

5. AI Content Generation and Usage

5.1 AI Technology

Our Service uses artificial intelligence models, primarily OpenAI's GPT models, to generate content. You acknowledge and agree that:

• AI-generated content may not always be accurate, complete, or suitable for your purposes
• You are responsible for reviewing, editing, and verifying all AI-generated content before use
• We do not guarantee the quality, accuracy, or originality of AI-generated content
• AI-generated content may occasionally contain errors, biases, or inappropriate material

5.2 Content Ownership and License

Your Content: You retain all ownership rights to content you create using our Service, including AI-generated content that you have edited and published.

License to Us: By using our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your content solely for the purpose of providing and improving the Service.

OpenAI's Rights: Content generated through our Service is processed by OpenAI's API. As of March 1, 2023, OpenAI does not use API data to train their models unless you explicitly opt in.

5.3 Content Responsibility

You are solely responsible for:

• The content you input into our Service (prompts, instructions, etc.)
• How you use, edit, and publish AI-generated content
• Ensuring your content complies with all applicable laws and regulations
• Obtaining necessary permissions and licenses for any third-party content you reference
• Fact-checking and verifying AI-generated content before publication

5.4 Prohibited Content

You may not use our Service to generate or create content that:

• Is illegal, harmful, threatening, abusive, harassing, or defamatory
• Infringes on intellectual property rights or violates privacy rights
• Contains malware, viruses, or other harmful code
• Promotes violence, terrorism, or illegal activities
• Contains hate speech, discrimination, or harassment based on protected characteristics
• Is sexually explicit or exploits minors
• Constitutes spam, phishing, or fraudulent content
• Impersonates others or misrepresents your affiliation

6. User Conduct and Prohibited Uses

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated tools (bots, scrapers) without our written permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or modify any copyright, trademark, or proprietary notices
• Share your account credentials or allow others to use your account
• Circumvent usage limits, credit restrictions, or subscription requirements
• Use the Service to compete with us or develop a competing product
• Resell or redistribute the Service or AI-generated content as a service
• Use the Service in a way that could damage our reputation or business

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including its design, features, functionality, software, and content (excluding user-generated content), is owned by Blogster and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

7.2 Trademarks

"Blogster" and our logo are trademarks of Blogster. You may not use our trademarks without our prior written consent.

7.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use, modify, and incorporate such feedback without any obligation to you.

8. Cancellation and Termination

8.1 Cancellation by You

You may cancel your subscription at any time through your account settings. Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• You will not be charged for subsequent billing periods
• You will retain access to paid features until the end of the billing period
• No refunds will be provided for the current billing period

8.2 Account Deletion

You may delete your account at any time. Account deletion:

• Permanently deletes your profile, content, and associated data
• Cannot be undone
• Does not entitle you to a refund
• May take up to 90 days to complete fully

8.3 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended periods of inactivity
• Any reason at our sole discretion

Upon termination, your right to use the Service immediately ceases. We may, but are not obligated to, provide a pro-rated refund for prepaid subscription fees.

8.4 Effect of Termination

Upon termination or cancellation:

• All licenses granted to you under these Terms will immediately terminate
• You must cease all use of the Service
• Sections of these Terms that by their nature should survive will remain in effect

9. Disclaimers and Limitations of Liability

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• AI-generated content will meet your requirements or expectations
• Any errors or defects will be corrected

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOGSTER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers or your data
• Any interruption or cessation of the Service
• Any bugs, viruses, or harmful code transmitted through the Service
• Any errors or omissions in content or AI-generated material
• Any conduct or content of third parties on the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

9.3 Third-Party Services

Our Service relies on third-party services (OpenAI, Stripe, Supabase, etc.). We are not responsible for the availability, accuracy, or reliability of these third-party services. Any issues with third-party services are subject to their respective terms and policies.

10. Indemnification

You agree to indemnify, defend, and hold harmless Blogster, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or AI-generated content you publish or distribute
• Any fraudulent, illegal, or harmful activity

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

11. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you agree to our Privacy Policy, available at useblogster.com/privacy.

Key points:

• We collect personal information necessary to provide the Service
• We use third-party services (Supabase, Stripe, OpenAI, etc.) that may access your data
• We implement security measures to protect your data
• You have rights to access, correct, and delete your data
• We comply with GDPR, CCPA, and other applicable data protection laws

12. Copyright and DMCA

12.1 Copyright Infringement

We respect intellectual property rights. If you believe that content on our Service infringes your copyright, please notify us with the following information:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material and its location on our Service
• Your contact information (address, phone number, email)
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner

Send DMCA notices to: dmca@useblogster.com

12.2 Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification with the required information as specified by the DMCA.

12.3 Repeat Infringers

We will terminate the accounts of users who are repeat copyright infringers.

13. Modifications to the Service and Terms

13.1 Service Changes

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

13.2 Terms Changes

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on this page with a new "Last Updated" date
• Sending an email notification to your registered email address
• Displaying a prominent notice on our Service

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@useblogster.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

14.2 Binding Arbitration

If we cannot resolve the dispute informally, you agree that any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration, rather than in court, except that:

• You may assert claims in small claims court if they qualify
• Either party may seek injunctive or equitable relief in court to prevent infringement of intellectual property rights

The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitrator's decision will be final and binding.

14.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14.4 Opt-Out

You may opt out of the arbitration agreement by sending written notice to legal@useblogster.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

14.5 Governing Law and Venue

These Terms are governed by the laws of the State of [Your State], United States, without regard to conflict of law principles. Any disputes not subject to arbitration will be resolved in the state or federal courts located in [Your County/City], [Your State].

15. General Provisions

15.1 Entire Agreement

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

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.6 Export Control

You agree to comply with all applicable export and import control laws and regulations. You may not use the Service if you are located in a country embargoed by the United States or are on any U.S. government list of prohibited or restricted parties.

15.7 Survival

The following sections will survive termination of these Terms: Content Ownership and License, Intellectual Property Rights, Disclaimers and Limitations of Liability, Indemnification, Dispute Resolution and Arbitration, and General Provisions.

16. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, please contact us:

17. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.

You also acknowledge that you have read and understand our Privacy Policy and consent to the collection, use, and disclosure of your information as described therein.