We Should Write Sometime, LLC – Terms of Use

Last updated: April 28, 2026

Welcome to We Should Write Sometime.

These Terms of Use, together with our Privacy Policy, Child Safety Standards, any payment terms, subscription terms, product specific terms, or other terms we present to you, form a legally binding agreement between you and We Should Write Sometime, LLC, which we refer to as “WSWS,” “We Should Write Sometime,” “we,” “us,” or “our.”

These Terms govern your access to and use of the We Should Write Sometime mobile application, website, products, features, tools, content, communications, events, services, and any related offerings, which we refer to together as the “Platform.”

By creating an account, accessing, browsing, downloading, installing, or using the Platform, you agree to these Terms. If you do not agree, do not access or use the Platform.

Important Notice About Arbitration and Class Action Waiver
These Terms contain a binding arbitration agreement and class action waiver. Except for certain types of disputes described below, you and WSWS agree to resolve disputes through final and binding arbitration on an individual basis. This means you and WSWS each waive the right to a jury trial and the right to participate in a class action, class arbitration, private attorney general action, or other representative proceeding.

Please read the “Dispute Resolution, Arbitration, Class Action Waiver, and Governing Law” section carefully.

1. Eligibility

You must be at least 18 years old to create an account or use the Platform.

By creating an account or using the Platform, you represent and warrant that:
• You are at least 18 years old.
• You can form a legally binding contract with WSWS.
• You are not barred from using the Platform under the laws of the United States or any other applicable jurisdiction.
• You are not located in a country or territory subject to comprehensive U.S. sanctions.
• You are not on any U.S. government restricted party list.
• You will comply with these Terms and all applicable laws, rules, and regulations.
• Any information you provide to WSWS is accurate, current, and complete.
• You will keep your account information accurate and updated.

If we learn or reasonably believe that you do not meet these eligibility requirements, we may suspend or terminate your account.

2. Changes to These Terms

We may update these Terms from time to time. We may do this to reflect changes in law, changes to the Platform, new features, business needs, safety requirements, or other reasons.

The most current version of these Terms will be posted on our website or made available through the Platform. If we make material changes, we may provide notice by email, in app notice, website notice, or another reasonable method.

Your continued use of the Platform after updated Terms become effective means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform.

3. Your Account

To use certain features, you may need to create an account. You are responsible for maintaining the confidentiality and security of your login credentials and for all activity that occurs under your account.

You agree that you will not:
• Create an account using false, misleading, or unauthorized information.
• Create an account for anyone other than yourself without permission.
• Share your account credentials with others.
• Use another person’s account.
• Create a new account after we suspend or terminate your account, unless we give you written permission.
• Sell, transfer, assign, or sublicense your account.

If you believe someone has accessed your account without permission, contact us immediately at:
contact@weshouldwritesometime.com
Subject line: Account Security

You are responsible for all activity under your account unless caused by our failure to use reasonable security measures.

4. Account Deletion and Termination

You may request deletion of your account through the account deletion feature in the Platform or by contacting us at:
contact@weshouldwritesometime.com
Subject line: Account Deletion Request

Please include the email address or phone number associated with your WSWS account so we can locate the account and verify the request.

Deleting the app from your device does not automatically delete your account, cancel subscriptions, or delete all associated information.

We may suspend, restrict, or terminate your account or access to the Platform at any time, with or without notice, if we believe that:
• You violated these Terms, our Privacy Policy, Community Guidelines, Child Safety Standards, or any other applicable policy.
• Your conduct may harm WSWS, users, creators, third parties, or the Platform.
• Your conduct may create legal, regulatory, safety, security, fraud, or reputational risk.
• You provided false, misleading, incomplete, or inaccurate information.
• You attempted to misuse, scrape, disrupt, reverse engineer, or compromise the Platform.
• We are required or permitted to do so by law, app store policy, payment processor requirement, or court order.
• Continuing to provide access is no longer commercially, technically, or operationally feasible.

Upon account termination, your right to access and use the Platform ends immediately. Certain sections of these Terms will survive termination, including those relating to ownership, licenses, collaboration records, payments, disclaimers, limitation of liability, indemnity, arbitration, governing law, and any provisions that by their nature should survive.

5. The Platform

WSWS is a platform designed to help songwriters, artists, producers, musicians, creators, and collaborators discover, connect, communicate, organize, and collaborate.

The Platform may include features such as profiles, discovery, swiping, matching, messaging, saved profiles, Pro Tier or verification features, calendar tools, song management tools, split information, metadata tools, songwriter resources, events, opportunities, analytics, and other features.

We may add, modify, suspend, limit, discontinue, or remove features at any time. We are not required to continue providing any specific feature, tool, product, or service.

We may update the Platform automatically, and you agree that updates may be installed on your device depending on your device settings.

6. No Professional Advice, No Legal Advice, and No Publishing Guarantee

WSWS is a technology platform. Unless we expressly state otherwise in a separate written agreement, we are not your lawyer, publisher, administrator, manager, agent, accountant, financial advisor, royalty collection service, PRO, label, distributor, or business representative.

Information, tools, forms, prompts, split tools, metadata tools, songwriter resources, educational materials, or suggestions made available through the Platform are for general informational and operational purposes only. They are not legal, tax, accounting, financial, royalty, publishing, or professional advice.

You are responsible for obtaining your own legal, tax, accounting, publishing, royalty, and professional advice before entering into co-writing agreements, split agreements, publishing agreements, administration agreements, label agreements, work for hire agreements, licensing agreements, sync agreements, management agreements, or other business arrangements.

WSWS does not guarantee that:
• You will find collaborators.
• You will match with a specific user.
• A collaboration will result in a song.
• A song will be completed, released, pitched, placed, licensed, monetized, or successful.
• Song data, splits, metadata, PRO information, IPI information, or ownership information entered by users will be accurate, complete, enforceable, or legally sufficient.
• You will receive royalties, sync placements, publishing opportunities, cuts, streams, revenue, followers, or industry attention.

You are responsible for your own creative, business, legal, and financial decisions.

7. User Interactions and Safety

You are solely responsible for your interactions with other users, both on and off the Platform.

WSWS does not control the conduct of users. We do not guarantee the identity, background, qualifications, professionalism, credits, intentions, safety, legality, truthfulness, reliability, or conduct of any user.

Unless we expressly state otherwise, WSWS does not conduct criminal background checks on users. We reserve the right, but do not have the obligation, to conduct identity checks, public records checks, sex offender registry searches, background checks, professional verification, or other screenings at any time, to the extent permitted by law.

Verification, Pro Tier status, badges, labels, profile claims, credits, links, or similar features do not mean that WSWS endorses, guarantees, certifies, employs, represents, or is responsible for that user.

You agree to use caution when communicating with other users, sharing information, sending files, collaborating, meeting in person, sending money, entering business arrangements, sharing unfinished creative work, signing agreements, or working with people you meet through the Platform.

You should not send money, bank information, payment information, passwords, Social Security numbers, tax IDs, or other sensitive personal information to other users unless you independently verify the person and understand the risks.

Certain Platform features may allow you to block or report other users, including after you connect or message with another user. If an in app reporting or blocking tool is not available for a particular issue, or if you need to report a serious safety concern, you may contact us at:
contact@weshouldwritesometime.com
Subject line: Report a Concern

8. User Content and Creative Content

The Platform may allow you to create, upload, post, display, submit, store, transmit, send, message, share, or otherwise make available content, information, media, materials, or data. We refer to this as “User Content.”

User Content may include profile information, photos, videos, bios, links, comments, messages, recordings, songs, lyrics, melodies, demos, voice memos, work tapes, song titles, session notes, co-writer information, split information, PRO affiliation, IPI or CAE numbers, metadata, documents, files, and other creative or songwriter related materials.

We refer to songs, lyrics, recordings, demos, melodies, voice memos, work tapes, song notes, split information, and similar songwriter materials as “Creative Content.”

9. Your Ownership of Creative Content

As between you and WSWS, this Agreement does not transfer ownership of your Creative Content to WSWS.

You retain whatever rights you have in your Creative Content, subject to:
• These Terms.
• Our Privacy Policy.
• Any license you grant to WSWS under these Terms.
• Any permissions you give us.
• Any rights of your co-writers, collaborators, publishers, labels, administrators, employers, clients, or other third parties.
• Any agreements you enter into with other people or companies.
• Applicable law.

You are solely responsible for making sure you have the rights needed to upload, share, send, post, store, or use any User Content or Creative Content through the Platform.

You represent and warrant that:
• You own or have the necessary rights, licenses, consents, and permissions to use and share your User Content and Creative Content through the Platform.
• Your User Content and Creative Content do not infringe, misappropriate, or violate any copyright, trademark, right of publicity, privacy right, contract right, moral right, trade secret, confidentiality obligation, publishing right, master right, neighboring right, or other right of any person or entity.
• Your User Content and Creative Content comply with these Terms and applicable law.

WSWS is not responsible for determining ownership of songs, lyrics, recordings, masters, publishing shares, splits, royalties, credits, or other rights among users or third parties.

10. License You Grant to WSWS

To operate, provide, maintain, secure, improve, and develop the Platform, you grant WSWS a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, process, transmit, display, perform, publish, distribute, modify, adapt, reformat, create technical copies of, and otherwise use your User Content and Creative Content only as reasonably necessary to:
• Provide the Platform and its features.
• Display your profile and user visible content as intended by the Platform.
• Enable messaging, matching, discovery, collaboration, calendar, song management, metadata, split, and other Platform tools.
• Store and back up content.
• Process files and data you upload.
• Provide support.
• Protect the Platform and users.
• Investigate abuse, fraud, safety concerns, or violations.
• Enforce these Terms.
• Comply with law, legal process, or government requests.
• Improve and develop the Platform, subject to our Privacy Policy.

This license does not give WSWS ownership of your Creative Content.

WSWS does not sell private Creative Content.

As of the Last updated date of these Terms, WSWS does not use third party AI vendors to process private Creative Content. WSWS will not knowingly use private Creative Content to train artificial intelligence models unless we clearly disclose that use and obtain any consent required by law.

For public or user visible profile content, you also grant WSWS the right to display that content to other users and to use screenshots, profile previews, public posts, public comments, public testimonials, and similar public or user visible content to promote the Platform, unless prohibited by law or unless you and WSWS agree otherwise in writing.

We will not use your private unpublished songs, private lyrics, private demos, private voice memos, or private recordings in external marketing without your permission.

11. Collaboration, Co-Writing, Splits, Metadata, and Song Records

WSWS may offer tools that help users organize co-writes, song information, splits, metadata, collaborator information, PRO affiliation, IPI or CAE numbers, publishing information, and other songwriter related records.

These tools are provided for convenience, organization, communication, and recordkeeping. Unless WSWS expressly enters a separate written agreement with you, WSWS is not a party to your co-writing relationship, split agreement, publishing agreement, administration agreement, work for hire agreement, collaboration agreement, or other creative or business arrangement.

You are solely responsible for:
• Discussing ownership and splits with collaborators.
• Confirming songwriter shares, publishing shares, master rights, producer points, administration rights, and royalty rights.
• Getting written agreements signed where appropriate.
• Registering works with PROs, publishers, administrators, distributors, labels, royalty collection societies, SoundExchange, the MLC, or other organizations.
• Ensuring metadata is accurate and complete.
• Resolving disputes with co-writers, publishers, labels, administrators, collaborators, clients, employers, or other third parties.

WSWS does not guarantee that any split, metadata, song record, session record, or collaboration record entered into the Platform is accurate, complete, legally binding, enforceable, or accepted by any PRO, publisher, administrator, label, distributor, collection society, court, or third party.

If a song, split, message, calendar item, or collaboration record involves multiple users, WSWS may retain certain records to preserve collaboration history, ownership records, platform integrity, dispute resolution, legal compliance, safety, and legitimate business purposes, subject to our Privacy Policy.

12. Pro Tier, Verification, and Professional Status

WSWS may offer Pro Tier access, verification, badges, labels, or other status features. These features may require users to submit identity information, government ID, professional credentials, songwriter credits, links, references, or other materials.

Verification is intended to support trust and safety, professional discovery, and user experience. It does not mean that WSWS guarantees a user’s identity, qualifications, credits, professionalism, conduct, ownership rights, or suitability for collaboration.

WSWS may approve, deny, suspend, revoke, modify, or remove Pro Tier access, verification, badges, labels, or status features at any time, with or without notice, if we believe it is appropriate for safety, trust, compliance, accuracy, eligibility, product, or business reasons.

You agree not to submit false, misleading, altered, fraudulent, or unauthorized verification materials. You agree not to impersonate another person or claim credits, credentials, affiliations, or rights you do not have.

13. Artificial Intelligence and Automated Tools

WSWS may use artificial intelligence, machine learning, automated systems, or similar tools to support Platform features and business operations.

This may include automated tools to improve search, matching, discovery, recommendations, safety, spam detection, fraud prevention, support, analytics, product performance, and Platform functionality.

As of the Last updated date of these Terms, WSWS does not use third party AI vendors to process private Creative Content. WSWS will not knowingly use private Creative Content to train artificial intelligence models unless we clearly disclose that use and obtain any consent required by law.

If we later offer optional AI-assisted features that use Creative Content, we may present additional terms, disclosures, or consent flows. You are responsible for reviewing and approving anything generated, suggested, organized, summarized, matched, recommended, or assisted by AI or automated tools.

AI-assisted features are tools only. WSWS does not guarantee the accuracy, originality, legality, ownership status, copyrightability, commercial value, or non-infringement of any AI-assisted output.

You may not use the Platform to generate, upload, distribute, or promote illegal, infringing, deceptive, abusive, sexual, exploitative, hateful, or harmful AI-generated content.

14. Community Rules and Prohibited Conduct

You agree that you will not, and will not assist, encourage, or enable anyone else to:
• Use the Platform for any illegal, harmful, fraudulent, deceptive, abusive, exploitative, or unauthorized purpose.
• Violate these Terms, our Privacy Policy, Child Safety Standards, Community Guidelines, or any other policy.
• Harass, bully, threaten, stalk, intimidate, shame, defame, abuse, exploit, or harm another person.
• Impersonate any person or entity or misrepresent your identity, age, credentials, credits, affiliation, rights, or relationship with any person or company.
• Upload, post, send, or share content that violates or infringes any copyright, trademark, right of publicity, privacy right, contract right, confidentiality obligation, trade secret, moral right, publishing right, master right, or other right.
• Upload, post, send, or share content that is hateful, threatening, violent, sexually explicit, pornographic, exploitative, defamatory, fraudulent, deceptive, or otherwise objectionable.
• Upload, post, send, request, promote, distribute, facilitate, or engage in child sexual abuse material, grooming, sextortion, trafficking, solicitation, or any behavior that sexually exploits, abuses, or endangers a child.
• Sexualize minors or engage in sexual conversations, requests, roleplay, or conduct involving minors.
• Post, request, or share another person’s private information without permission.
• Solicit passwords, login credentials, financial information, government IDs, or sensitive personal information from other users for unlawful, deceptive, or unauthorized purposes.
• Spam, scam, phish, solicit money, defraud users, run pyramid schemes, promote illegal offers, or engage in deceptive commercial activity.
• Use the Platform primarily to advertise, solicit, sell, or promote products, services, lyrics, songs, beats, catalog, investment opportunities, or outside businesses without WSWS’s written permission.
• Scrape, crawl, index, copy, data mine, harvest, extract, or collect content, profiles, user data, messages, metadata, or Platform information without WSWS’s written permission.
• Use bots, scripts, crawlers, scrapers, automation tools, proxies, or similar technologies to access or interact with the Platform.
• Reverse engineer, decompile, disassemble, modify, copy, frame, mirror, or create derivative works from the Platform or any part of it.
• Use the Platform to train, fine tune, develop, benchmark, or improve any artificial intelligence model, machine learning system, dataset, data product, or competing service without WSWS’s written permission.
• Use the Platform to create or improve a competing product or service.
• Interfere with, disrupt, overload, damage, impair, or compromise the Platform, servers, networks, security, or systems.
• Upload viruses, malware, malicious code, spyware, ransomware, or harmful files.
• Probe, scan, test, bypass, disable, or circumvent security, authentication, rate limits, access controls, or usage restrictions.
• Use the Platform in a way that could expose WSWS, users, or others to legal, regulatory, safety, security, or reputational harm.
• Encourage or promote any conduct that violates these Terms.

WSWS may investigate and take action against violations, including removing content, limiting visibility, restricting features, suspending accounts, terminating accounts, preserving records, reporting to authorities, and pursuing legal remedies.

15. Child Safety and CSAE Prohibition

WSWS has a zero tolerance policy for child sexual abuse and exploitation, including child sexual abuse material, grooming, sextortion, trafficking, solicitation, and any behavior that sexually exploits, abuses, or endangers a child.

You may not use the Platform to create, upload, share, request, promote, distribute, facilitate, or engage in any child sexual abuse or exploitation content or conduct.

Child safety concerns may be reported through available in app reporting or support tools, where available, or by contacting:
contact@weshouldwritesometime.com
Subject line: Child Safety / CSAE Report

WSWS may review, remove, preserve, restrict, suspend, terminate, escalate, or report suspected or confirmed child sexual abuse material or exploitation to the National Center for Missing & Exploited Children, law enforcement, or the appropriate regional, national, or international authority where required by law or where we believe reporting is appropriate to protect children or users.

16. Reporting, Blocking, Moderation, and Enforcement

If you see content or conduct that you believe violates these Terms, please use any available in app reporting or blocking tools, including Block or Report features available after you connect or message with another user.

You may also contact us at:
contact@weshouldwritesometime.com
Subject line: Report a Concern

Please include as much detail as possible, including usernames, screenshots, dates, links, or a description of the concern, if available.

WSWS may, but is not required to, monitor, review, screen, remove, edit, restrict, preserve, or disable access to User Content, accounts, messages, profiles, or Platform activity at any time.

WSWS may take enforcement action in its sole discretion, including warnings, content removal, visibility limits, feature restrictions, account suspension, account termination, reporting to authorities, or legal action.

WSWS is not obligated to explain, appeal, reverse, or maintain any enforcement decision, unless required by law.

17. Rights WSWS Grants You

Subject to your compliance with these Terms, WSWS grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal or internal professional songwriting and collaboration purposes.

You may not use the Platform for commercial purposes outside the intended use of the Platform without our written permission.

All rights not expressly granted to you are reserved by WSWS and its licensors.

18. WSWS Intellectual Property

The Platform, including its software, technology, design, text, graphics, logos, trademarks, service marks, trade names, icons, images, audio, video, interfaces, features, workflows, databases, algorithms, data structures, look and feel, content, and other materials, is owned by WSWS or its licensors and is protected by copyright, trademark, trade secret, patent, and other laws.

You may not copy, reproduce, modify, adapt, translate, create derivative works from, distribute, sell, lease, sublicense, publicly display, publicly perform, reverse engineer, decompile, disassemble, scrape, data mine, or otherwise exploit the Platform except as expressly allowed by these Terms or with our written permission.

The names “We Should Write Sometime,” “WSWS,” and related logos, marks, slogans, and branding are trademarks or trade names of WSWS. You may not use them without our written permission.

19. Feedback

If you submit ideas, suggestions, comments, improvements, feature requests, business ideas, product concepts, marketing ideas, or other feedback to WSWS, you agree that WSWS may use, copy, modify, publish, distribute, and exploit that feedback for any purpose without restriction, compensation, credit, or obligation to you.

Feedback does not include your private Creative Content unless you intentionally submit that Creative Content as feedback or give us permission to use it that way.

20. Aggregated and De-Identified Data

WSWS may create, use, disclose, license, commercialize, or otherwise exploit aggregated, anonymized, or de-identified information for any lawful business purpose, including analytics, product development, industry insights, investor reporting, market research, trend analysis, safety, and commercial services.

Aggregated, anonymized, or de-identified information does not identify you personally and does not disclose your private Creative Content.

You agree that WSWS owns aggregated, anonymized, or de-identified data that we create, except to the extent prohibited by law.

21. Third Party Services, Links, and Integrations

The Platform may contain links to, integrate with, or allow access to third party websites, apps, platforms, app stores, payment processors, social media services, streaming services, PROs, publishers, distributors, labels, analytics providers, verification tools, or other third party services.

WSWS does not control third party services and is not responsible for their content, terms, policies, security, availability, practices, or actions.

Your use of third party services is governed by their own terms and privacy policies. You are responsible for reviewing and complying with those terms.

WSWS is not responsible for any loss, damage, liability, dispute, data use, payment, cancellation, content, account issue, or other issue arising from your use of third party services.

22. App Stores and Mobile Platforms

If you download the Platform from the Apple App Store, Google Play, or another app store or distribution platform, you also agree to the terms and policies of that app store or platform.

The app store provider is not responsible for the Platform, maintenance, support, claims, product warranties, intellectual property claims, or any other claims related to the Platform, except to the extent required by applicable law or the app store provider’s own terms.

For Apple users, these Terms are between you and WSWS, not Apple. Apple and its subsidiaries are third party beneficiaries of these Terms and may enforce these Terms against you as a third party beneficiary. Apple has no obligation to provide maintenance or support services for the Platform.

23. Purchases, Subscriptions, Renewals, Cancellations, and Refunds

WSWS may offer paid features, subscriptions, Pro Tier access, premium tools, services, events, merchandise, marketplace features, or other purchases.

Prices, features, billing periods, renewal terms, cancellation terms, and refund terms may be disclosed at the time of purchase. You agree to pay all applicable charges, taxes, and fees associated with your purchase.

In App Purchases
If you purchase through Apple, Google Play, or another app store, your purchase, billing, renewal, cancellation, and refund rights are handled by the applicable app store and governed by that app store’s terms.

Deleting your WSWS account or deleting the app from your device does not automatically cancel an app store subscription. You must cancel through the applicable app store account settings unless otherwise allowed by the app store.

Web or Direct Purchases
If you purchase directly from WSWS or through a payment processor we use, you authorize WSWS and its payment processor to charge your selected payment method for the amounts disclosed at the time of purchase.

If you purchase a subscription, your subscription may renew automatically unless you cancel before the renewal date. We may continue charging your payment method until you cancel or until the subscription is otherwise terminated.

If a payment is not successfully processed because of expiration, insufficient funds, chargeback, failed authorization, or another reason, you remain responsible for any unpaid amounts. We may retry payment, suspend access, downgrade features, terminate access, or seek collection of unpaid amounts.

Cancellation
Cancellation instructions will depend on where you purchased. If you purchased through an app store, cancel through that app store. If you purchased directly through WSWS, follow the cancellation instructions provided at purchase or contact us at:
contact@weshouldwritesometime.com
Subject line: Subscription Cancellation

Unless required by law or stated otherwise at the time of purchase, cancellation will stop future renewal charges but will not automatically result in a refund for the current billing period.

Refunds
Except where required by law or stated otherwise at the time of purchase, all purchases are final and non-refundable. We may provide refunds, credits, or exceptions in our sole discretion, but doing so in one case does not require us to do so in another.

If your purchase was made through Apple, Google Play, or another app store, refund requests must be submitted to that app store unless the app store directs otherwise.

Promotional Offers and Trials
WSWS may offer free trials, discounts, promotional pricing, beta access, limited time offers, or other promotions. We may modify, revoke, limit, or end promotions at any time, subject to applicable law and the terms disclosed with the promotion.

24. Beta Features and Experimental Tools

WSWS may offer beta, experimental, preview, early access, or test features. These features may be incomplete, unstable, inaccurate, unavailable, or changed at any time.

You use beta features at your own risk. WSWS does not guarantee that beta features will be released, maintained, supported, error free, secure, or available in the future.

25. Copyright and DMCA Policy

WSWS respects intellectual property rights and expects users to do the same.

If you believe content on the Platform infringes your copyright, you may send a copyright notice to:

We Should Write Sometime, LLC
672A Westboro Drive
Nashville, TN 37209
Email: contact@weshouldwritesometime.com
Subject line: DMCA Notice

Your notice should include:
• Your physical or electronic signature.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material claimed to be infringing and information reasonably sufficient to allow us to locate it.
• Your contact information, including address, telephone number, and email address.
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

If content you posted was removed because of a copyright notice, you may submit a counter notice if you believe the content was removed by mistake or misidentification. Your counter notice should include the information required by the Digital Millennium Copyright Act.

WSWS may terminate accounts of repeat infringers in appropriate circumstances.

26. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WSWS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, RELIABILITY, AND COURSE OF DEALING.

WSWS DOES NOT WARRANT OR REPRESENT THAT:
• THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
• DEFECTS OR ERRORS WILL BE CORRECTED.
• THE PLATFORM WILL BE FREE OF VIRUSES, MALWARE, OR HARMFUL COMPONENTS.
• ANY CONTENT, MATCH, RECOMMENDATION, MESSAGE, PROFILE, CREDIT, VERIFICATION, SPLIT, METADATA, SEARCH RESULT, ANALYTIC, AI-ASSISTED OUTPUT, OR INFORMATION WILL BE ACCURATE, COMPLETE, RELIABLE, LEGAL, NON-INFRINGING, OR USEFUL.
• ANY USER WILL BE SAFE, HONEST, QUALIFIED, PROFESSIONAL, OR SUITABLE.
• ANY SONG, COLLABORATION, MATCH, CONNECTION, OPPORTUNITY, OR USE OF THE PLATFORM WILL RESULT IN SUCCESS, MONEY, PLACEMENTS, RELEASES, CREDITS, CUTS, ROYALTIES, PUBLISHING, LICENSING, OR OTHER BENEFITS.

YOU USE THE PLATFORM AND INTERACT WITH USERS AT YOUR OWN RISK.

Some jurisdictions do not allow certain disclaimers, so some disclaimers may not apply to you.

27. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WSWS, ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, INVESTORS, ADVISORS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, LOST OPPORTUNITIES, LOST ROYALTIES, LOST SONG VALUE, LOST BUSINESS, LOST SAVINGS, LOSS OF USE, PERSONAL INJURY, EMOTIONAL DISTRESS, OR DAMAGES ARISING FROM USER CONDUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WSWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WSWS’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
• THE AMOUNT YOU PAID TO WSWS FOR THE PLATFORM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
• $100.

The limitations in this section apply to all claims, including claims arising from:
• Access to or use of the Platform.
• Inability to access or use the Platform.
• User Content or Creative Content.
• User conduct on or off the Platform.
• Matches, messages, co-writes, collaborations, meetings, disputes, splits, credits, royalties, or song ownership.
• Unauthorized access to or alteration of content or data.
• App store issues, payment processor issues, third party services, or third party conduct.
• AI-assisted tools or automated systems.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

28. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless WSWS, its affiliates, officers, directors, members, employees, contractors, agents, licensors, service providers, investors, advisors, and partners from and against any claims, demands, actions, losses, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
• Your access to or use of the Platform.
• Your User Content or Creative Content.
• Your interactions, communications, meetings, collaborations, agreements, or disputes with other users or third parties.
• Your violation of these Terms, our Privacy Policy, Child Safety Standards, Community Guidelines, or other policies.
• Your violation of any law, regulation, or third party right.
• Your infringement, misappropriation, or violation of intellectual property, privacy, publicity, contractual, confidentiality, publishing, master, royalty, or other rights.
• Any false, misleading, inaccurate, fraudulent, or unauthorized information you provide.
• Your negligence, willful misconduct, fraud, or illegal activity.
• Any dispute about ownership, authorship, splits, credits, royalties, publishing, master rights, licensing, sync, administration, or monetization involving your Creative Content.

WSWS reserves the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

29. Dispute Resolution, Arbitration, Class Action Waiver, and Governing Law

Please read this section carefully. It affects your legal rights.

Informal Resolution First
Before filing a claim, you and WSWS agree to try to resolve the dispute informally.

To start informal resolution, send written notice to:

We Should Write Sometime, LLC
672A Westboro Drive
Nashville, TN 37209
Email: contact@weshouldwritesometime.com
Subject line: Legal Dispute Notice

The notice must include your name, account information, contact information, a description of the dispute, and the relief requested.

You and WSWS agree to give each other at least 60 days to try to resolve the dispute informally before filing arbitration or court proceedings, unless emergency relief is needed or the claim is not subject to arbitration.

Binding Arbitration
Except for the exceptions below, you and WSWS agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, your account, your relationship with WSWS, payments, subscriptions, User Content, Creative Content, privacy, safety, or any other interaction with WSWS will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules and Mediation Procedures, unless another arbitration provider or process is required by law or agreed by the parties.

The arbitrator will have exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide issues relating to the class action waiver, representative action waiver, and public injunctive relief waiver to the extent required by law.

The arbitration will be conducted in English. Unless the arbitrator determines otherwise, the arbitration may be conducted by phone, video conference, written submissions, or in person in Davidson County, Tennessee, or another location required by applicable law.

Exceptions to Arbitration
Either party may bring the following claims in court:
• Claims that qualify for small claims court.
• Claims seeking emergency or temporary injunctive relief for intellectual property misuse, security threats, unauthorized access, scraping, data misuse, or misuse of the Platform.
• Claims that cannot be required to be arbitrated under applicable law.

Class Action and Representative Action Waiver
You and WSWS agree that each may bring claims against the other only on an individual basis and not as a plaintiff, claimant, class member, or representative in any class action, class arbitration, collective action, private attorney general action, or other representative proceeding.

The arbitrator may not consolidate more than one person’s claims and may not preside over any class, collective, private attorney general, or representative proceeding, except to the extent required by law.

If this class action waiver is found unenforceable as to a particular claim, that claim must proceed in court and not in arbitration, unless otherwise required by law.

Jury Trial Waiver
To the fullest extent permitted by law, you and WSWS waive the right to a trial by jury for any dispute arising out of or relating to these Terms or the Platform.

Arbitration Opt Out
You may opt out of this arbitration agreement by sending written notice within 30 days after you first accept these Terms.

Send opt out notices to:

We Should Write Sometime, LLC
672A Westboro Drive
Nashville, TN 37209
Email: contact@weshouldwritesometime.com
Subject line: Arbitration Opt Out

Your opt out notice must include your name, the email address or phone number associated with your account, and a clear statement that you want to opt out of the arbitration agreement.

Opting out of arbitration does not affect any other part of these Terms.

Governing Law
These Terms and any dispute between you and WSWS are governed by the laws of the State of Tennessee, without regard to conflict of law rules, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement.

For claims not subject to arbitration, you and WSWS agree to the exclusive jurisdiction and venue of the state and federal courts located in Davidson County, Tennessee, unless applicable law requires otherwise.

30. Export Control and Sanctions

You may not use, access, download, export, re-export, or transfer the Platform in violation of U.S. export control laws, sanctions laws, or other applicable trade restrictions.

You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government restricted party list.

31. Force Majeure

WSWS will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, power outages, cyberattacks, security incidents, app store actions, government actions, pandemics, supply chain issues, or failures by third party service providers.

32. Notices

WSWS may provide notices to you by email, in app message, push notification, website posting, account notice, or other reasonable method.

You may provide notices to WSWS by contacting us at:

We Should Write Sometime, LLC
672A Westboro Drive
Nashville, TN 37209
Email: contact@weshouldwritesometime.com

33. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without WSWS’s prior written consent.

WSWS may assign, transfer, or delegate these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate transaction, or by operation of law.

34. Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law or modified to make it enforceable, and the remaining provisions will remain in full force and effect.

35. No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision or any other provision later.

36. No Agency

Nothing in these Terms creates any agency, partnership, joint venture, employment, fiduciary, franchise, or representative relationship between you and WSWS.

You may not represent that you are authorized to bind WSWS or act on behalf of WSWS unless we give you written permission.

37. Entire Agreement

These Terms, together with our Privacy Policy, Child Safety Standards, Community Guidelines, and any additional terms presented to you, make up the entire agreement between you and WSWS regarding the Platform and replace any prior agreements or understandings about the Platform.

38. Contact Information

Questions about these Terms may be sent to:

We Should Write Sometime, LLC
672A Westboro Drive
Nashville, TN 37209
Email: contact@weshouldwritesometime.com

Suggested subject lines:
• Terms Question
• Account Deletion Request
• Report a Concern
• Child Safety / CSAE Report
• DMCA Notice
• Legal Dispute Notice