Terms of Service

Last updated: January 11, 2025

Welcome to Commentarius. These Terms of Service ("Terms") govern your access to and use of the Commentarius platform, including our website, applications, and services (collectively, the "Service"). By creating an account or using our Service, you agree to be bound by these Terms.

Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations. By accessing or using Commentarius, you agree to comply with and be bound by these Terms.

1. Description of Service

Commentarius is a scholarly platform designed for creating, formatting, and managing Latin commentary projects. The Service provides tools for:

2. Account Registration and Security

2.1 Account Creation

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password and any API keys you provide. You agree to:

2.3 API Keys

If you provide a third-party API key (such as an Anthropic Claude API key), you are solely responsible for:

3. User Content

3.1 Ownership

You retain all ownership rights to the content you create, upload, or input into the Service ("User Content"), including your commentary, annotations, and project data.

3.2 License to Commentarius

By submitting User Content, you grant Commentarius a non-exclusive, worldwide, royalty-free license to use, store, and process your content solely for the purpose of providing and improving the Service. This license terminates when you delete your content or account.

3.3 Content Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

4. Acceptable Use

You agree not to use the Service to:

5. Payments and Subscriptions

5.1 Billing

Certain features of the Service may require payment. By subscribing to a paid plan, you agree to pay all applicable fees. Payments are processed securely through Stripe.

5.2 Subscription Terms

5.3 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes will take effect at your next billing cycle after the notice period.

5.4 Free Tier

We may offer a free tier with limited features. We reserve the right to modify or discontinue the free tier at any time.

6. Third-Party Services

The Service integrates with third-party services, including but not limited to:

Your use of these third-party services is subject to their respective terms of service and privacy policies. Commentarius is not responsible for the availability, accuracy, or content of third-party services.

7. Intellectual Property

7.1 Commentarius Property

The Service, including its design, features, code, and documentation, is owned by Commentarius and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

7.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation.

8. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Service Availability and Modifications

9.1 Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

9.2 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify users of significant changes.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMENTARIUS AND ITS 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 DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

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

13. Termination

13.1 By You

You may terminate your account at any time by contacting us or using account deletion features if available. Upon termination, your right to use the Service will immediately cease.

13.2 By Us

We may suspend or terminate your account and access to the Service at our discretion, with or without cause, including for violation of these Terms. We will make reasonable efforts to notify you before termination unless immediate action is required.

13.3 Effect of Termination

Upon termination, your license to use the Service ends. We may delete your account data after a reasonable period. Provisions that by their nature should survive termination will remain in effect.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us. We will work in good faith to resolve any issues.

14.2 Governing Law

These Terms are governed by the laws of the State of New York, United States, without regard to conflict of law principles.

14.3 Jurisdiction

Any legal action arising from these Terms shall be brought exclusively in the courts located in New York, and you consent to personal jurisdiction in such courts.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Commentarius regarding the Service.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

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

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

17. Contact Information

If you have questions about these Terms, please contact us at:

Email: support@commentarius.org

By using Commentarius, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.