Terms of Service

Definitions

“Agreement” means these Terms of Service and all materials referred or linked to in these Terms of Service.

“Personal Data” means the name and email address voluntarily submitted by Customer, as well as navigational data relating to each Customer.

"Customer" means the person or entity using the Subscription Service and identified in the applicable statement or Order Form as the What Shan Wrote customer.

"What Shan Wrote" means Shanice Richardson, Social CapShans, and any entity which directly or indirectly controls, is controlled by, or is under common control with Shanice Richardson.

"What Shan Wrote Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags incorporated into the Subscription Service by Social CapShans and What Shan Wrote.

“Order Form” means the What Shan Wrote approved form by which Customer agrees to subscribe to the Subscription Service, or purchase one or more of the Non-Subscription Services.

"Social CapShans Subscription Service" or “Subscription Service” means the access to the social media caption templates and other resources inside of Social CapShans or another designated URL, and any ancillary online or offline products and services provided to Customer by What Shan Wrote, to which Customer is being granted access pursuant to this Agreement and an Order Form. The Subscription Service includes Social CapShans, and does not include training services, consulting services, and Third-Party Products.

"What Shan Wrote Non-Subscription Services" or "Non-Subscription Services" means payable content or services not included in Social CapShans.

"Third-Party Sites" means third-party websites linked to from within the Subscription Service, including without limitation Communications Services.

"User(s)" means Customer's employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for the benefit of Customer and who have been supplied user identifications and passwords by Customer (or by What Shan Wrote at Customer’s request).

Subscription Service

By accessing and using the website or the subscription service in any way, you agree to be bound by this agreement, including the warranty disclaimers, limitations of liability, and termination provisions below. If you do not agree to the terms, please leave the website immediately and do not use the Subscription Service.

During the Subscription Term and as provided in this Agreement, What Shan Wrote will provide Customer access to use the Subscription Service.

The Subscription Service will provide 30 social media caption templates on each 25th day of the month starting in 2022. What Shan Wrote disclaims all liability for any incompleteness and/or errors in Social CapShans.

What Shan Wrote may limit the use of certain features of the Subscription Service in its sole discretion. What Shan Wrote may suspend, limit, or terminate the Subscription Service for any reason at any time without notice.

What Shan Wrote modifies the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve its customers’ experience. Nothing in this Agreement shall prohibit What Shan Wrote from making such changes to the Subscription Service.

Subscription Fees and Payments

Monthly subscription fee is $27 and yearly subscription fee is $228 when purchased for $19 a month. Customer authorizes What Shan Wrote to use a third party to process payments, and consents to the disclosure of Customer's payment information to such third party.

All monthly subscription payment obligations are non-cancelable once made and all amounts paid are non-refundable due to the nature of What Shan Wrote products.

Once you purchase a subscription, the initial price you purchased at will remain the same until you cancel your subscription. Once canceled, all access to Social CapShans is revoked. If you cancel your subscription at any time and re-subscribe at a later date, your new subscription will be purchased at the most current rate. 

Subscription Term and Renewal

The subscription term shall be monthly or annually, based on the user's selection. Unless either party gives the other written notice that it does not intend to renew the subscription, this Agreement will be automatically renewed on a monthly or annual basis. 

Non-Subscription Services

To cancel a subscription, the customer must email support@whatshanwrote and make the request. With 48 hours, the request will be processed and the customers will be unsubscribed and will NOT be charged for any future payments. Or customers may cancel within Thinktific.

Customer and Personal Data

What Shan Wrote may monitor the use of the Subscription Service and Non-Subscription Services by all of its customers and use data related to such use in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Subscription Service and Non-Subscription Services.

Customer agrees that What Shan Wrote may use and publish such information, provided that such information does not incorporate any Customer Data and/or identify Customer.

What Shan Wrote may collect, use, process, store, and share certain customer data (like name and address) in connection with providing the Subscription Service and Non-Subscription Services.

 Any such collection, use, processing, storing, or sharing is subject to the terms and conditions of What Shan Wrote’s Privacy Policy. Customer agrees that customer data may be collected and used by What Shan Wrote in connection with the Subscription Service and Non-Subscription Services, and Customer hereby consents to such use and collection.

Indemnification

Customer will indemnify, defend and hold What Shan Wrote harmless, at its expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against What Shan Wrote (and its officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with What Shan Wrote to the extent that such Action is based upon or arises out of (a) Customer’s use of the Subscription Service; (b) Customer’s noncompliance with or breach of this Agreement, (c) Customer’s use of Third-Party Products, (d) the unauthorized use of the Subscription Service or Non-Subscription Services by any other person using Customer’s User information, or (e) Customer’s unauthorized use, collection, storage, processing, or disclosure of Personal Data. What Shan Wrote shall use commercially reasonable efforts to: notify Customer in writing within thirty (30) days of What Shan Wrote becoming aware of any such claim; give Customer sole control of the defense or settlement of such a claim (provided that Customer may not settle any such claim unless the settlement unconditionally releases What Shan Wrote of all liability); and provide Customer (at Customer’s expense) with any and all information and assistance reasonably requested by Customer to handle the defense or settlement of the claim. Customer shall not accept any settlement that (i) imposes an obligation on What Shan Wrote; (ii) requires What Shan Wrote to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on What Shan Wrote without What Shan Wrote prior written consent.

Disclaimers and Limitations of Liability

By using Subscription Service or Non-Subscription Services you agree that you are fully responsible for your progress and results from your participation and that What Shan Wrote offers no representations or guarantees regarding your business profit and earnings and that you are solely responsible for your progress.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SUBSCRIPTION SERVICE AND NON-SUBSCRIPTION SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. What Shan Wrote AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITE, SUBSCRIPTION SERVICE, NON-SUBSCRIPTION SERVICES, AND THE SOCIAL CAPSHANS CONTENT INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM What Shan Wrote IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.

No Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, EVEN IF SUCH PARTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Limitation of Liability

EXCEPT FOR CUSTOMER'S LIABILITY FOR PAYMENT OF FEES AND CUSTOMER'S LIABILITY ARISING FROM ITS INDEMNITY OBLIGATIONS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO THE LESSER OF ONE HUNDRED DOLLARS OR THE TOTAL AMOUNTS ACTUALLY PAID BY CUSTOMER UNDER THE APPLICABLE ORDER FORM FOR THE SUBSCRIPTION SERVICE OR NON-SUBSCRIPTION SERVICES IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

Third Party Products

What Shan Wrote DISCLAIMS ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS USED BY CUSTOMER. What Shan Wrote LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT AND What Shan Wrote'S LIABILITY WITH RESPECT TO ANY THIRD-PARTY PRODUCTS OR THIRD PARTY CONTENT PROVIDED WITH THE SUBSCRIPTION SERVICE AND NON-SUBSCRIPTION SERVICES SHALL BE SUBJECT TO THIS SECTION.

CUSTOMER UNDERSTANDS AND AGREES THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK AND AN ESSENTIAL PART OF THIS AGREEMENT. CUSTOMER UNDERSTANDS AND AGREES THAT ABSENT CUSTOMER’S AGREEMENT TO THIS LIMITATION OF LIABILITY, WHAT SHAN WROTE WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE OR NON-SUBSCRIPTION SERVICES TO CUSTOMER.

General

No Waiver

What Shan Wrote may update and change any part or all of this Agreement, including fees. If What Shan Wrote updates or changes this Agreement, the updated Agreement will be posted at https://whatshanwrote.com/policies/privacy-policy. The updated Agreement will become effective and binding on the next business day after it is posted. What Shan Wrote encourages Customer to review this Agreement periodically. No delay in exercising any right or remedy will operate as a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be construed as a waiver of any right or remedy on any future occasion. Notwithstanding the foregoing, What Shan Wrote will comply with all applicable laws and regulations to the extent that any change or update to this Agreement changes or updates the manner in which What Shan Wrote will collect, use, process, share, or store Personal Data.

Applicable Law

To the maximum extent permitted by law, this Agreement and all Order Form(s) shall be governed by the laws of Broward County, Florida reference to conflicts of law principles, and both parties hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida in all disputes arising out of or relating to the use of the Subscription Service or Non-Subscription Services. Use of the Subscription Service or Non-Subscription Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.

Entire Agreement

Unless otherwise expressly stated herein, this Agreement (including each Order Form), along with any What Shan Wrote exhibit or addendum hereto, including any Order Form, constitutes the entire agreement between Customer and What Shan Wrote with respect to the Subscription Service or Non-Subscription Services and supersedes all prior or contemporaneous communications, proposals and agreements, whether electronic, oral or written, between Customer and What Shan Wrote with respect to the subject of this Agreement.