Version 2.4 — Last updated: November 1, 2023
These Terms of Service ("Terms") govern your access to and use of the Ludwitt platform, including our website, services, and applications (collectively, the "Services"). Please read these Terms carefully. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
By accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are accessing or using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
We may modify these Terms at any time. If we make changes, we will provide notice through our Services, or by other means. Your continued use of our Services after any changes indicates your acceptance of the modified Terms. If you do not agree to the modified Terms, you should discontinue your use of the Services.
For significant changes to these Terms, we will provide at least 30 days' notice before they take effect. We will notify you through a service notification or an email to the email address associated with your account. We maintain a version history of our Terms, which you can access at the top of this page.
To access certain features of the Services, you may need to register for an account. When you register, you must provide accurate and complete information and keep this information updated. 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 use of your account.
We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or in violation of these Terms.
By creating an account, you explicitly accept our current Terms of Service. We maintain records of your acceptance, including the version of the Terms you accepted, the date of acceptance, and the email address associated with your account.
You agree that you will not:
In addition to the general prohibitions above, the following activities are specifically prohibited:
Violation of these prohibitions may result in account suspension or termination, and in serious cases, legal action.
Our Services may allow you to create, upload, post, send, receive, and store content ("User Content"). You retain all rights to your User Content, and you are solely responsible for it. You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, and otherwise exploit your User Content in connection with operating and providing the Services.
You represent and warrant that:
The Services and their contents, features, and functionality are owned by Ludwitt, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms do not grant you any right, title, or interest in the Services, the content, or our trademarks, logos, or other brand features.
Some content on our platform is licensed from third-party sources, including philosophical texts that may be in the public domain or licensed under specific terms. Attribution for such content is provided where applicable. The licensing of such content does not grant you any rights beyond those specified in these Terms.
You may use and cite limited portions of content from our platform for non-commercial educational, research, or scholarly purposes, provided that you:
Some aspects of the Services may be available on a subscription basis. By subscribing, you agree to pay the fees as quoted to you. We may change the fees for subscriptions from time to time with reasonable notice. Your subscription will automatically renew unless you cancel it before the renewal date. Cancellations will take effect at the end of the current billing period.
We use third-party payment processors and you agree to their terms of service when providing your payment information. You represent and warrant that you have the legal right to use any payment method you provide.
We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUDWITT, 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:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree to indemnify, defend, and hold harmless Ludwitt, its affiliates, officers, directors, employees, agents, and licensors from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you or any activity related to your account.
Before initiating any legal action, we encourage you to contact us directly to seek a resolution. If you have a dispute with Ludwitt, please contact our customer service team at disputes@ludwitt.com.
For any dispute you have with Ludwitt, you agree to first contact us and attempt to resolve the dispute informally by sending a written notice of your claim ("Notice") to Ludwitt. The Notice must:
We will make good faith efforts to resolve the claim directly with you. If we cannot resolve the claim within 30 days after receiving your Notice, either party may initiate formal proceedings.
If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, interpretation, breach, or termination thereof, shall be resolved by binding arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitration will be conducted in San Francisco, California, unless you and Ludwitt agree otherwise.
The arbitrator may award any form of remedy or relief that would otherwise be available in court, including injunctive or declaratory relief. Any award will be final and binding on the parties and may be enforced in any court of competent jurisdiction.
YOU AND LUDWITT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. For any actions not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco County, California.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
These Terms constitute the entire agreement between you and Ludwitt regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Services.
If you have any questions about these Terms, please contact us at:
Email: legal@ludwitt.com
Address: 123 Philosophy Way, San Francisco, CA 94105, United States
By using Ludwitt, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.