Acceptance of Terms
By using the "Living Comments" WordPress plugin ("Plugin"), you ("User") agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Plugin.
Confidential Information
You are responsible for keeping your Living Comments Unique ID and API key confidential. Do not share or disclose these details to any third party. This information is considered Confidential and should be treated as such.
Plugin License
The Living Comments Plugin is distributed under the terms of the GNU General Public License, version 2.0 or later. For the full text of the license, please visit www.gnu.org/licenses/gpl.html. By using the Plugin, you agree to be bound by the terms and conditions set forth in the GNU General Public License, as may be amended from time to time.
Age Requirement for Use
Our plugin, Living Comments, is intended for users who are 18 years of age or older, or have reached the legal age of majority in their jurisdiction, or possess legal parental or guardian consent. By using this plugin, you affirm that you meet these age requirements and are fully capable of entering into and complying with the terms of this Agreement. The plugin is not designed for children under 13 years of age.
Disclaimer of Warranties
The Plugin is provided "as is" without any warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
Our liability to you for any cause will be limited to the amount paid by you for the plugin in the preceding 12 months. In no event will we be liable for any indirect, special, incidental, consequential, or punitive damages.
Indemnification
You agree to indemnify, defend, and hold us harmless from any claims, damages, or expenses, including reasonable attorneys' fees, arising from your use of the Plugin.
User Consent for Automated Posting
By activating and utilizing the Living Comments Plugin, you explicitly grant consent for the automatic generation and publication of comments and replies on your WordPress blog. You further consent to the transmission of excerpts from your blog posts and user-submitted comments to facilitate the generation of these automated comments and replies. You hereby acknowledge that Living Comments serves as an automated agent based on your settings and configurations within the Plugin. Any data transmitted for this purpose is governed by our privacy policy.
Generated Content Disclaimer
The Living Comments Plugin employs OpenAI technology to generate comments and replies. We are not responsible for the content produced. By activating and utilizing the Living Comments Plugin, you assume full responsibility for moderating and ensuring its compliance with applicable laws and standards.
Sensitive Topics Disclaimer for Comment and Reply Generation
The plugin is not intended to provide advice in sensitive areas such as legal, medical, financial, mental health, personal counseling, academic, safety, or technical fields. Generated content in these areas should not be considered accurate, reliable, or appropriate for professional use. They are generated based on general data that may be outdated and do not take into account the complexities and specifics of individual situations.
As the plugin owner, we expressly disclaim responsibility for any misunderstandings, misinterpretations, or any other forms of miscommunication that may arise from the content generated by our plugin in response to user comments. Users of the Living Comments Plugin bear the sole responsibility for moderating the content on their sites and ensuring its appropriateness for their audience.
Moderation and User Control Features
For added safety and control, the plugin moderates all generated comments and replies using OpenAI's moderation technology. This helps to screen out content that may be inappropriate or sensitive. However, please be aware that this technology isn't perfect, and users are solely responsible to oversee and moderate the comments on their website.
Additionally, you can choose not to allow the plugin to reply to actual users. This can be done by turning off the "Reply to Users" option in the Comment/Reply tab of the plugin settings. This feature is particularly useful for removing interactions with real users and only allow replies to comments generated by the plugin itself.
Users may also take advantage of the Words to Filter feature which allows users to prevent certain words from showing up in the generated comments and replies.
Third-Party Content Liability Limitations
Living Comments employs third-party APIs like OpenAI for generating author names, comments, and replies on User blogs. Living Comments expressly disclaims all responsibility and liability for the nature, content, accuracy, and consequences of these generated comments. Users understand and agree that Living Comments serves merely as a conduit for content produced by third-party services and shall not be held liable for any issues relating to the use, interpretation, or ramifications of such generated comments. The User bears sole responsibility for moderating and managing all comments and replies facilitated through this Plugin.
Support
Support for the Plugin can be accessed via the Contact page on our official website. Living Comments retains the exclusive right to determine the extent and nature of the support provided, and may decline to offer support for any reason at our sole discretion.
Data Privacy
For details on the types of data we gather and how we handle it, consult our Privacy Policy.
Fair Usage Policy
The Plugin incorporates server-side rate limiting across all subscription plans to ensure equitable use of resources. Notwithstanding the foregoing, should a User discover and exploit any vulnerability in the rate limiting mechanism to excessively utilize resources beyond the intended limits, Living Comments reserves the right, in its sole discretion, to temporarily or permanently suspend or terminate the User's access to the Plugin and its services.
Evaluation Period
Living Comments offers users the ability to generate up to 15 free comments for evaluation purposes. It is the User's responsibility to fully evaluate the Plugin's capabilities and limitations during this period before activating a paid subscription.
Billing
By subscribing, you consent to a recurring 30-day billing cycle. Should payment fail, two automatic retries will be initiated before terminating your subscription. You are responsible for cancelling your subscription via the Plugin's Billing tab or by emailing our Accounts department before the next billing cycle commences. Living Comments reserves the right to revise fees, which will not affect existing subscriptions, with adequate prior notice.
Payment Processing
All financial transactions are securely facilitated by PayPal, our trusted third-party payment processor. When you initiate a payment, you will be redirected to a secure PayPal window to complete the transaction. By proceeding with these payment options, you acknowledge and agree to adhere to PayPal's terms and conditions, as well as the terms and conditions of Living Comments.
No Guarantees
While the Living Comments Plugin assists in adding additional context in the form of comments to your blog for SEO purposes, no express or implied guarantees are made with respect to improving search engine rankings, increasing user engagement, or achieving any specific results related thereto. You understand that search engine algorithms are beyond the control of Living Comments, and you agree not to hold Living Comments responsible for any impact—positive or negative—on SEO, search rankings, or user engagement.
No Refunds
All sales within the Plugin are final. Due to the incurrence of non-recoverable costs related to third-party API requests that facilitate the generation of AI comments and replies on your WordPress blog, we are unable to offer refunds for any reason, including but not limited to dissatisfaction with the Plugin's features or capabilities. We strongly encourage you to utilize the 15 free credits to ensure our plugin meets your needs before making a purchase.
Resolution of Payment Disputes
If a dispute arises related to payment transactions for the Living Comments Plugin, we encourage users to first contact us via email through our Contact page for assistance. We are committed to addressing and resolving any issues related to charges, refunds, or other transaction concerns promptly. If the dispute is not resolved to your satisfaction, you may then proceed to utilize PayPal's dispute resolution process. PayPal offers a structured platform for further addressing and resolving payment-related issues. For more information or to initiate a dispute with PayPal, please visit PayPal's Resolution Center.
Account Termination
Living Comments reserves the right to terminate or suspend your access to the Plugin and its services for any reason, including but not limited to violations of these Terms and Conditions or any other unauthorized use.
Governing Law and Jurisdiction
This Agreement shall be governed by the laws of California, USA, without regard to its conflict of law principles, and any disputes shall be subject to the exclusive jurisdiction of the courts in California.
Severability
If any provision of these Terms and Conditions is deemed unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.
Termination of Services
In the event that Living Comments decides to discontinue its services, Users will be provided with adequate notice to make use of any remaining account balances. No refunds for remaining balances or pre-paid subscriptions will be issued. After the cessation of services, all stored data and account information may be permanently deleted.
Changes to Terms
Living Comments reserves the right to change these Terms and Conditions at any time. It is the User's responsibility to review these Terms regularly to ensure they are aware of any changes.
