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Terms of Service

Effective 24 August 2026.

Please read these terms carefully. They are a binding contract between you and TalentHQ Labs, Inc.

Section 21 contains an arbitration agreement and a class action waiver that affect how disputes between us are resolved. If you live in the United States, you give up the right to have most disputes decided by a judge or jury, and the right to take part in a class action. You may opt out within 30 days — Section 21.8 explains how. If you live in the EEA, the United Kingdom, or Switzerland, Section 21 does not apply to you at all.

1. Who we are, and what these terms cover

BlinkWrite is provided by TalentHQ Labs, Inc., a Delaware corporation with its principal place of business at 2261 Market Street, STE 85253, San Francisco, CA 94114, United States ("BlinkWrite", "we", "us", "our").

These Terms of Service (the "Terms") govern your use of the BlinkWrite application for macOS, our website at blinkwrite.ai, and the suggestion service behind them, together with any related updates and support (together, "the Service").

By downloading, installing, or using the Service you agree to these Terms, and when you first sign in we ask you to accept them before the Service will turn on. If you do not agree, do not install or use the Service.

Our Privacy Policy explains how we handle personal data and forms part of these Terms.

2. Eligibility

You must be at least 18 years old to use the Service. By using it you confirm that you are 18 or older and that you have the legal capacity to enter into these Terms.

The Service is for personal and professional use by individuals. If you use it in the course of your employment or on behalf of an organization, you confirm you have the authority to accept these Terms on that organization's behalf, and "you" means both you and that organization.

We do not knowingly collect personal data from anyone under 18. If we learn that a person under 18 has created an account, we will close it and delete the associated data.

3. Your account

You need an account to use the Service. You can create one with your email address and a password, or by signing in with Google or Apple.

  • Keep your password or sign-in provider account secure. You are responsible for everything done through your BlinkWrite account.
  • If you use email sign-in, we store a one-way password hash. We cannot read your password. You can replace a forgotten password through an expiring email link.
  • One account belongs to one person. Do not share it, and do not create more than one account to take the free trial more than once (see Section 9.5).
  • Tell us promptly at [email protected] if you believe your account has been compromised.

We may suspend or close an account that we reasonably believe has been compromised, is being used in breach of these Terms, or was created in breach of Section 2.

4. Your licence to use BlinkWrite

BlinkWrite is licensed to you, not sold. Subject to these Terms and to your payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the BlinkWrite application on each Mac you own or control, for your own use.

4.1 What you may not do

You may not, and may not permit anyone else to:

  • copy, modify, adapt, translate, or create derivative works of the Service, except as expressly permitted here;
  • rent, lease, lend, sell, redistribute, sublicense, or make the Service available to any third party;
  • reverse engineer, decompile, or disassemble the Service, or attempt to derive its source code, except where that restriction is prohibited by applicable law (see Section 4.2);
  • extract, copy, or reconstruct our models or our prompts, including by automated querying;
  • remove, obscure, or alter any proprietary notices;
  • circumvent, disable, or interfere with usage limits, trial limits, licensing checks, rate limits, or security features;
  • access the Service by any automated means, or use it to send bulk, automated, or unsolicited messages;
  • use the Service, or anything it generates for you, to develop, train, or improve a competing product or machine learning model;
  • probe, scan, or test the security of our systems, or attempt to gain unauthorized access to them or to another user's account;
  • use the Service in a way that puts an unreasonable load on our infrastructure, or that we reasonably determine is abusive.

4.2 Interoperability (EU and UK users)

Nothing in Section 4.1 restricts any right you have under Articles 5 and 6 of Directive 2009/24/EC, under the UK Copyright, Designs and Patents Act 1988, or under any equivalent applicable law, to observe, study, test, or decompile the software as far as is necessary to achieve interoperability with other programs. If you intend to exercise that right, please contact us first at [email protected] — we may be able to give you the information you need directly.

4.3 Usage limits

Paid plans carry daily and monthly limits on how much the Service will generate for one account. They exist to keep the Service running for everyone and to stop abuse, not to hold back normal use. If you reach one, the app tells you and when it resets. We may change the limits, and where a change materially reduces what your plan gives you, Section 12 applies.

4.4 Updates

The Service updates itself, and you can turn automatic installation off in Settings. Updates may add, change, or remove features. We may require you to install an update to keep using the Service, and we may stop supporting older versions of BlinkWrite or older versions of macOS. Updates are covered by these Terms unless they come with their own.

5. Screen permissions and on-screen content

This section describes the most important thing BlinkWrite does. Please read it.

5.1 What the permissions allow

To work, BlinkWrite asks you to grant it two macOS permissions. You grant them yourself, in System Settings — we cannot enable them for you, and macOS will not let us.

Accessibility. This lets BlinkWrite read the text content of the window you are actively working in, through the macOS accessibility interface that applications use to describe their contents. It is how BlinkWrite reads most chat threads and email, and how it inserts a suggestion when you accept one.

Screen Recording. Some applications do not make their text available through the accessibility interface. Screen Recording lets BlinkWrite read the text in those applications by capturing the screen image and extracting the text from it. Without it, BlinkWrite will not work in those applications, but it will still work everywhere else.

By granting these permissions and using the Service, you instruct and authorize us to read and process on-screen content in order to generate suggestions for you.

5.2 What we do not do with them

These are broad permissions, and macOS grants them at the system level rather than per application. What we do with them is narrower than what they technically allow:

  • BlinkWrite reads the window you are actively working in. It does not read background windows, other desktops, or other users' sessions.
  • BlinkWrite does not record video, take continuous screenshots, or keep a recording of your screen. Screen captures are taken only when a suggestion is being generated, are used only to extract text, and are discarded straight after.
  • BlinkWrite does not type or send anything on its own. It proposes text; you accept it with a keystroke, and you send it.
  • BlinkWrite does not log your keystrokes outside the text field you are working in.

5.3 What we do with it

Text read from your screen — through the accessibility interface or extracted from a screen capture — is processed on your Mac first. A masked version is then sent to our servers, where our own models generate a suggestion and return it to your Mac. We run those models on infrastructure we control. Your text does not pass through a third-party AI provider.

Screen images are not transmitted. Where BlinkWrite uses Screen Recording, the text is extracted from the image on your Mac, and only the masked text is sent. The image never leaves your device.

Your text is not written to disk, not written to a log, and not kept once the suggestion has been returned. We do not use it to train or fine-tune any model.

The Privacy Policy describes what is sent, what is kept, for how long, and on what legal basis, in full.

5.4 On-device masking — what we do and do not promise

Before any request leaves your Mac, BlinkWrite runs an automated step that finds and masks personal information — email addresses, phone numbers, postal addresses, card and account numbers, government and identity numbers, credentials — so that it is not sent to our servers.

It does not detect or remove people's names. Your own name is replaced with a neutral marker in the text but is also sent to us as a separate field, and the names of other participants in a conversation are sent as they appear. The Privacy Policy §2.3 sets out exactly what is masked and what is not.

This is an automated, best-effort process, and it is not perfect. It is based on machine learning models that can fail to recognize some personal information, particularly in unusual formats, in mixed-language text, or in contexts they were not designed for. We do not warrant that all personal or sensitive information will be detected or masked.

Because of that, do not use BlinkWrite in text fields containing information you cannot afford to have transmitted to us, including but not limited to: protected health information, payment card data, government identification numbers, legally privileged material, classified information, or trade secrets belonging to you or to a third party. You can pause BlinkWrite in a specific application or website, pause it everywhere, or withdraw the Accessibility permission in macOS System Settings, at any time.

5.5 Turning it off

You can pause BlinkWrite for one application, for one website, or everywhere — for an hour, for the day, or until you turn it back on. You can also withdraw either permission in System Settings, or quit the app.

Withdrawing Screen Recording stops BlinkWrite working in applications that do not expose their text; everything else keeps working. Withdrawing Accessibility stops BlinkWrite reading through the accessibility interface and stops it inserting suggestions into your text field — so the Service stops working, whether or not Screen Recording is still granted. You do not need our permission or help to do any of this, and we will not ask you to re-grant a permission as a condition of anything except using the features that need it.

6. Your content and your responsibilities

"Your Content" means the text BlinkWrite reads from your screen, anything you type into the Service, and any suggestion you accept and use.

You keep every right in Your Content. We claim no ownership of it.

You grant us a worldwide, non-exclusive, royalty-free licence to receive, process, and transmit Your Content for one purpose: to generate the suggestion you asked for and return it to you. The licence lasts as long as that takes and no longer. It ends when the suggestion is returned, because that is when your text is gone from our side.

For the avoidance of doubt:

  • we do not use Your Content to train, fine-tune, evaluate, or otherwise improve our models;
  • we do not use Your Content to develop new products;
  • we do not sell Your Content, and we do not disclose it to any third party for that party's own purposes;
  • we do not publish, display, or share Your Content.

We do use aggregated counts of how the Service is used — how many suggestions were requested and how many were accepted, per day, per type. They contain none of your text and do not identify you.

6.1 Content that is not yours

BlinkWrite reads conversations, and conversations involve other people. In a Slack thread, an email chain, or a shared document, the content on your screen may include text written by, or personal data about, people who have not agreed to these Terms and do not know BlinkWrite is running.

You are responsible for that. By using the Service you represent and warrant that:

  • you have all rights, consents, and authority necessary for BlinkWrite to process the content visible on your screen, including content written by or about third parties;
  • your use of the Service does not breach any confidentiality obligation, non-disclosure agreement, employment agreement, employer IT or acceptable-use policy, professional duty, or data protection law;
  • your use of the Service does not breach any law on recording, intercepting, or monitoring communications in your jurisdiction or in the jurisdiction of anyone you are communicating with — several US states and many other countries require the consent of everyone involved;
  • where you are subject to the GDPR, the UK GDPR, or a similar law and you process third-party personal data through the Service, you have a valid legal basis for doing so and have met your own transparency obligations.

If you use BlinkWrite at work, check your employer's policies first. Giving a third-party application permission to read your screen may be restricted or prohibited by your employer, and that is a question for you and your employer, not for us.

7. AI-generated suggestions

7.1 They can be wrong

BlinkWrite generates suggestions with AI models. AI output can be inaccurate, incomplete, out of date, biased, wrong for its context, or simply nonsense, while reading as confident and fluent. That is a known characteristic of the technology, not a defect we can eliminate.

You are responsible for reviewing every suggestion before you accept it, and you are solely responsible for anything you send. A suggestion accepted with a keystroke is your message, sent by you, in your name. We are not a party to your communications and we do not review, approve, or endorse what you send.

7.2 Not professional advice

Suggestions are not legal, medical, financial, tax, or other professional advice. Do not rely on them as such, and do not use the Service in place of a qualified professional. Do not use it where an inaccurate suggestion could cause injury, death, financial loss, or other serious harm.

7.3 Translation and multilingual output

BlinkWrite supports many languages, and detects the one you are writing in. Quality varies by language, register, and subject. Treat a suggestion in a language you do not read fluently with particular care — you are still responsible for what you send.

7.4 Ownership of suggestions

As between you and us, and to the extent we hold any rights in them, we assign to you all our right, title, and interest in the suggestions BlinkWrite generates for you. You may use them for any lawful purpose, except the one Section 4.1 rules out: developing, training, or improving a product or machine learning model that competes with the Service.

Two things follow from how these models work:

  • Suggestions may not be unique. Other users writing something similar in a similar context may receive similar or identical suggestions. We make no promise of exclusivity.
  • Suggestions may not be protectable. In some jurisdictions, material generated by an AI system without enough human authorship may not attract copyright. We make no representation about whether a particular suggestion is copyrightable, or about whether using it infringes anyone else's rights.

7.5 After you press send

We are not a party to your communications. Once you send a message we have no control over it and no liability for what its recipients do with it, how they read it, or what follows. That holds whether or not the message started as a BlinkWrite suggestion.

7.6 Compliance is yours

We do not guarantee that the Service, or anything it generates, complies with the laws, regulations, or professional and industry rules that apply to you. If your work is regulated — legal, medical, financial, or otherwise — you are responsible for confirming that using BlinkWrite is permitted, and for meeting any disclosure, record-keeping, or supervision duty you have.

8. Acceptable use

Do not use the Service to create, send, or assist:

  • unlawful, fraudulent, deceptive, or misleading communications, including phishing, impersonation, or social engineering;
  • harassment, threats, hate speech, or content that promotes violence or self-harm;
  • sexual content involving minors, or any content that sexually exploits or endangers a child;
  • spam, unsolicited bulk messages, or messages sent in breach of the CAN-SPAM Act, the ePrivacy Directive, PECR, or any equivalent law;
  • material that infringes anyone's intellectual property, privacy, or publicity rights;
  • malware, or instructions for building weapons or carrying out attacks;
  • anything that breaks the law, or the terms of the platform you are writing in.

We may investigate suspected breaches and may suspend or terminate access under Section 17. We are not obliged to monitor use of the Service, and we generally do not.

9. Free trial

9.1 What you get

New users can start a 7-day free trial with full access to BlinkWrite Pro. One trial per person. We may change or withdraw the trial offer for new users at any time; that does not affect a trial already running.

9.2 The trial needs payment details and converts automatically

To start the trial you must give a valid payment method.

WHEN THE 7-DAY TRIAL ENDS, YOUR PAID SUBSCRIPTION BEGINS AUTOMATICALLY AND YOUR PAYMENT METHOD WILL BE CHARGED the price of the plan you chose. It then renews under Section 10.4 until you cancel.

Before you start the trial, checkout shows you — next to the button you press to agree — the length of the trial, the date it ends, the amount you will be charged, how often you will be charged after that, and how to cancel. You must affirmatively agree to those terms, and Stripe emails you a confirmation to keep.

9.3 Cancel before the trial ends and you pay nothing

You can cancel at any time during the trial and you will not be charged. Cancel from Plan & Billing in the app or on the website, as described in Section 10.4. You keep access for the rest of the trial.

The date your trial ends and the amount you will be charged are shown before you start it, confirmed in the email you get when you sign up, and visible at any time in Plan & Billing.

9.4 When the trial ends

BlinkWrite has no permanently free tier. If you cancel during the trial, BlinkWrite stops working when the trial period ends. If you cancel later, it stops working when the paid period you have already paid for expires. Your account and settings stay in place until you close the account.

9.5 One trial per person

The trial is for people who have not used BlinkWrite before. You may not create duplicate or fake accounts, or use different email addresses, payment methods, devices, or another person's identity, to take more than one trial. Deleting your account and signing up again does not earn you a second trial — see Section 17.4.

We may end or refuse a trial, and suspend or close accounts, where we reasonably believe this section has been breached. Where it is reasonable and lawful to do so, we will tell you why and give you a chance to respond first.

10. Subscriptions, prices, and billing

10.1 Plans

BlinkWrite Pro, what it includes, and what it costs are described on our pricing page. It is sold as a subscription, monthly or annual. The plan, price, billing period, and renewal date that apply to you are shown before you buy and confirmed in the email you get after.

10.2 Who you are buying from

BlinkWrite is provided to you by TalentHQ Labs, Inc. under these Terms. Your payment is made to Stripe, Inc. or to the Stripe entity identified at checkout (either one, "Stripe"), which acts as merchant of record and seller for the purchase. Stripe processes the payment, calculates and collects any VAT, GST, or sales tax due on it, issues your receipt, and handles your card details — in each case under its own terms and privacy policy. We never receive or store your card number.

Stripe runs checkout and payments under the name Link. Your receipt and invoice are issued under that name, and the charge appears on your card or bank statement as LINK.COM* rather than as BlinkWrite. It is the same company described above, and no one else is charging you.

By subscribing you authorize Stripe to charge your chosen payment method for the amounts and on the schedule shown at checkout. Everything else in these Terms — the licence, the Service, support, and the rights in Section 11 — is between you and us.

Billing starts when your subscription begins and you are given access to paid features, whether or not you have finished setting BlinkWrite up or have started using it.

You confirm that you are authorized to use the payment method you provide.

10.3 Taxes

Prices are shown exclusive of tax, wherever you live. The price on our pricing page and in the app is the price before tax. Any VAT, GST, HST, QST, sales tax, or similar tax is worked out from your billing location and added at checkout, so the total you are shown before you confirm — and the amount actually charged — is that price plus the tax.

Checkout shows you the tax amount and the rate before you pay, and your receipt shows them again. The tax is calculated, collected, and remitted by Stripe as merchant of record (Section 10.2). You are responsible for any other tax arising from your use of the Service, other than tax on our income.

10.4 Automatic renewal — please read

Your subscription renews automatically. Unless you cancel before the end of the current billing period, it renews for a further period of the same length and your payment method is charged the then-current renewal price. This continues until you cancel.

If you started on a free trial, your first charge is the conversion described in Section 9.2, and renewals run from that date.

  • Monthly plans renew every month, on the same day of the month.
  • Annual plans renew every twelve months, on the anniversary of your purchase.

Reminders. For annual plans we will email you a reminder 15 days before each renewal, telling you the subscription is about to renew, the amount, the renewal date, and how to cancel.

How to cancel. You can cancel at any time, online and in a few clicks, from Plan & Billing in the BlinkWrite app or on our website — the same way you signed up. You do not need to call or email us, and we will not put a retention offer in your way. You can also cancel by emailing [email protected].

What cancelling does. It stops the next renewal. It does not end the current period: you keep access until the end of the period you have already paid for, and you are not charged again. Cancelling does not by itself trigger a refund — see Section 11.

10.5 Changing your plan

You can switch between monthly and annual at any time from Plan & Billing. An upgrade takes effect immediately and is charged pro-rata for the rest of the period. A downgrade — to a cheaper price or a shorter interval — takes effect at the end of the period you have already paid for, so you keep what you paid for until then. Checkout tells you which applies and what is due before you confirm.

10.6 Price changes

We may change our prices. A price change applies from your next renewal, never mid-period, and we will email you at least 30 days before it takes effect, with the new price and the date it applies. If you do not want to pay it, cancel before that date. Continuing after it takes effect means you accept the new price. Where local law requires your express consent to a price change, we will ask for it.

If you bought at a promotional or founder's rate that we have said is locked for as long as you stay continuously subscribed, we will honour that for as long as your subscription runs without interruption. If you cancel and later resubscribe, the then-current price applies.

10.7 Failed payments

If a payment fails, Stripe will retry it over the following days and email you. Pro features stop while payment is outstanding and come back as soon as it succeeds. If it is not resolved, the subscription is cancelled. You remain liable for amounts properly owed.

10.8 Offers and promotions

From time to time we may offer trials, discounts, promotional prices, founder's rates, bundles, and other offers. We decide who is eligible for an offer, and we may end or withdraw one at any time.

Ending an offer does not affect a free trial already running (Section 9.1), a discounted period you have already paid for, or a rate we have said is locked for as long as you stay continuously subscribed (Section 10.6).

11. Refunds and cancellation rights

11.1 The general rule

To the fullest extent permitted by applicable law, subscription fees are non-refundable and payment obligations are non-cancelable, and we do not refund or credit partly used subscription periods or unused capacity. Cancelling under Section 10.4 stops your next renewal and leaves you with access until the end of the period you have paid for; it does not by itself entitle you to money back.

This section is subject to your rights under applicable law, and to anything in these Terms that says otherwise.

11.2 Right of withdrawal — EEA and United Kingdom

If you are a consumer resident in the European Economic Area or the United Kingdom, you have a legal right to withdraw from your subscription within 14 days of entering into it, without giving a reason.

When the 14 days start. The period runs from the day the contract is concluded — the day you sign up. If you started on a free trial, it runs from the day the trial began, not from the day you were first charged. So a trial that begins on day 0 and converts on day 7 leaves you until day 14 to withdraw.

Renewals do not restart it. Renewing an existing subscription is not a new contract and does not begin a new withdrawal period. Your right to cancel a renewing subscription at any time under Section 10.4 is separate and is not time limited.

How to withdraw. Tell us clearly — an email to [email protected] saying you are withdrawing is enough. You may use the model withdrawal form in Annex I(B) of Directive 2011/83/EU, or the equivalent form under the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, but you do not have to.

What we refund. We refund you within 14 days of receiving your notice, using the payment method you paid with.

What you pay for the part you used. When you start your trial or your subscription, you expressly ask us to begin providing the Service straight away, inside the withdrawal period, and you accept that if you then withdraw you owe an amount proportionate to what you received. That amount is measured against the full price of the subscription period, and we deduct it from your refund. Days covered by the free trial cost you nothing — withdraw during the trial and you pay nothing at all.

11.3 Consumers in Canada

If you are a consumer resident in Canada, provincial consumer protection law may give you a right to cancel this contract and be refunded. Nothing in these Terms limits those rights. If you think one applies to you, email [email protected].

11.4 Abuse

We may refuse a refund where we reasonably believe the request is fraudulent, or is part of a pattern of repeated purchase and refund. This does not apply to a statutory right under Section 11.2, Section 11.3, or Section 23, and we will not use it to defeat one.

12. Changes to the Service

We are actively developing BlinkWrite. We may add, change, or remove features, change which applications and languages are supported, change the limits of a plan, or change how the Service works.

Where a change materially reduces the core functionality of a paid plan you are on, we will give you reasonable notice, and you may cancel and receive a pro-rata refund of the unused part of your current period.

We may discontinue the Service entirely. If we do, we will give you at least 30 days' notice and refund the unused part of any prepaid period.

13. Beta and experimental features

We may offer features labelled beta, preview, early access, or experimental. They are provided as is, for evaluation, may be unstable or withdrawn without notice, and are outside any commitment we make elsewhere in these Terms about availability or performance. Use them at your own risk. If we tell you a beta feature is confidential, keep it confidential.

To the fullest extent permitted by law, and notwithstanding anything else in these Terms, we have no liability arising out of or in connection with beta features. This does not affect the liabilities in Section 19.3 that cannot be excluded, or your statutory rights under Section 23.

14. Third-party services and trademarks

BlinkWrite works inside applications and websites run by other companies. We are not affiliated with, endorsed by, or sponsored by Apple, Slack, Google, Notion, or any other company whose products we name. All product names, logos, and trademarks belong to their owners, and we name them only to describe where BlinkWrite works.

We do not control those applications and we are not responsible for them. They may change at any time in ways that break or degrade BlinkWrite's behaviour inside them, and we do not guarantee that BlinkWrite will keep working with any specific application, website, or version of macOS. Our published list of supported applications describes how things behave now, not a commitment.

Your use of third-party services is governed by their terms, not ours.

15. Intellectual property and feedback

The Service — the app, the website, our models, our prompts, and our name, logo, and branding — belongs to us and our licensors and is protected by copyright, trademark, and other laws. Except for the licence in Section 4, these Terms give you no rights in it. All rights not expressly granted are reserved.

If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose, with no obligation or payment to you. You are not required to send us feedback.

16. Privacy

Our Privacy Policy explains what personal data we collect, why, how long we keep it, who we share it with, and what rights you have. Please read it — it is the document that describes what happens to the content BlinkWrite reads from your screen. The Privacy & security documentation covers the same ground in more practical detail.

Questions about privacy: [email protected].

17. Term, suspension, and termination

17.1 By you

You may stop using the Service and delete the application at any time. To close your account, use the app or the web app, or email [email protected]. To stop being billed, cancel under Section 10.4.

17.2 By us, for cause

We may suspend or terminate your access, with immediate effect where necessary, if you materially breach these Terms, if we are required to by law, or if your use creates a security, legal, or operational risk to us or to other users. Where it is reasonable and lawful to do so, we will tell you why first and give you a chance to fix the problem.

17.3 By us, without cause

We may terminate your account for any other reason on 30 days' notice. If we do, we will refund the unused part of any prepaid subscription period.

17.4 What happens on termination

Your licence under Section 4 ends and you must stop using the Service. Any unused part of a free trial ends with it. Deleting your account erases your personal data as described in the Privacy Policy and cancels any active subscription.

Closing your account is permanent. It is a hard delete, not a hidden flag. You cannot reactivate it or recover your settings or history, and you would have to start again with a new account — which would not come with another free trial, because the record that the trial was used survives deletion by design (the Privacy Policy explains what that record is and why it cannot be turned back into your email address). If you are unsure, email us before you close it.

Sections 6, 7, 11, 15, 18, 19, 20, 21, 22, 23, 24, and 26 survive termination, as does any refund obligation that had already accrued when the account closed.

18. Disclaimers

To the fullest extent permitted by law, and subject to Section 23, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from a course of dealing or usage of trade.

Without limiting that, we do not warrant that:

  • the Service will be uninterrupted, timely, secure, or error-free;
  • any suggestion will be accurate, appropriate, non-infringing, original, or suitable for its context;
  • the on-device masking described in Section 5.4 will detect or mask all personal or sensitive information;
  • the Service will work with any particular application, website, language, or version of macOS, or will keep doing so;
  • defects will be corrected.

We do not offer a service level commitment for consumer plans.

Some jurisdictions do not allow the exclusion of implied warranties, so some or all of this section may not apply to you. Nothing here limits your statutory rights as a consumer — see Section 23.

19. Limitation of liability

To the fullest extent permitted by law, and subject to Section 19.3:

19.1 Excluded losses

Neither we nor our officers, directors, employees, or suppliers will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, data, or anticipated savings, arising out of or relating to the Service or these Terms, even if we have been advised that those losses were possible, and whatever the legal theory.

That includes any loss arising from: a suggestion you accepted and sent; content sent to us that the masking in Section 5.4 did not mask; your use of the Service in breach of a confidentiality obligation, an employer policy, or the law; or a third-party application changing so that BlinkWrite no longer works with it.

19.2 Cap

Our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amount you paid us in the twelve months immediately before the event giving rise to the claim, or (b) US$100.

19.3 What is never excluded

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for anything else that cannot be excluded or limited under applicable law. If you are a consumer in the EEA, the UK, or Switzerland, Section 23 applies and takes precedence over this section where they conflict.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you.

19.4 Basis of the bargain

You acknowledge that the disclaimers in Section 18 and the limits in this Section 19 are a reasonable allocation of risk and a fundamental basis of the bargain between us, and that we could not offer the Service at the prices we charge without them.

20. Indemnity

This section does not apply to consumers in the EEA, the UK, or Switzerland, and applies elsewhere only to the extent the law permits.

You agree to defend, indemnify, and hold harmless TalentHQ Labs, Inc. and its officers, directors, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of or relating to:

  • your use of the Service in breach of these Terms or of the law;
  • your breach of the representations in Section 6.1, including any claim by a third party whose content or personal data was processed through the Service;
  • any communication you sent using a suggestion from the Service;
  • your breach of a confidentiality obligation, employment agreement, or employer policy.

We will notify you of any claim we seek indemnity for, and you may not settle it in a way that imposes any obligation or admission on us without our written consent.

21. Dispute resolution and arbitration — United States

This section applies only if you reside in the United States. It does not apply to consumers resident in the EEA, the United Kingdom, or Switzerland — see Section 22.2.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO ARBITRATE DISPUTES INDIVIDUALLY, AND LIMITS THE WAY YOU CAN SEEK RELIEF FROM US. YOU HAVE A RIGHT TO OPT OUT — SEE SECTION 21.8.

21.1 Informal resolution first

Before starting an arbitration, you agree to try to resolve the dispute informally. Send a written notice to [email protected] describing the dispute, what you want, and your account email. We will do the same for any dispute we have with you. Both of us agree to negotiate in good faith for 60 days from the date the notice is received. Either of us may start arbitration only after those 60 days. This period tolls any applicable limitation period.

If either of us asks for one during those 60 days, we will both take part in an individual settlement conference by telephone or video. You may take part with or without a lawyer.

21.2 Agreement to arbitrate

If we cannot resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including its formation, interpretation, breach, or termination, and including claims that arose before you accepted these Terms — will be resolved by binding individual arbitration, and not in court.

This agreement to arbitrate is governed by the Federal Arbitration Act.

21.3 What is excluded

This section does not apply to:

  • claims brought in small claims court, as long as the claim stays there and stays individual;
  • claims for injunctive or equitable relief relating to intellectual property, misuse of the Service, or unauthorized access;
  • any claim that the law says cannot be arbitrated, or any right to bring a claim before a government agency.

21.4 How arbitration works

Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by these Terms. The rules are at adr.org.

  • The arbitration will be conducted by a single arbitrator.
  • We will pay all AAA filing, administrative, and arbitrator fees above what you would pay to file the same claim in a court of competent jurisdiction, unless the arbitrator finds your claim frivolous.
  • If your claim is for US$25,000 or less, you may choose whether the arbitration is conducted on documents only, by telephone or video, or in person. If in person, it takes place in the county where you live, or another place we agree.
  • The arbitrator may award the same individual relief a court could, and must issue a reasoned written decision. The award is final and binding, and judgment may be entered on it in any court of competent jurisdiction.

21.5 Class action waiver

YOU AND WE EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS PROCEEDING.

If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request — and only that one — will be severed from the arbitration and heard in the courts named in Section 22.1. The rest of this Section 21 continues to apply to every other claim.

21.6 Coordinated filings

If, within any 90-day period, 25 or more similar arbitration demands are filed against us by or with the assistance of the same law firm or coordinated group, the demands will be administered in sequential batches of no more than 50, each batch resolved by a single arbitrator, unless we and the claimants' counsel agree otherwise. Limitation periods are tolled for demands awaiting a batch. This is meant to make coordinated claims workable and cost-effective for everyone, not to delay them.

21.7 Who decides what

The arbitrator decides all questions about the interpretation, applicability, enforceability, and scope of this Section 21, except that a court — not an arbitrator — decides any question about the enforceability of the class action waiver in Section 21.5.

21.8 Your right to opt out

You may opt out of this Section 21. Send an email to [email protected] with the subject line "Arbitration Opt-Out", stating your name, the email address on your account, and that you are opting out of the arbitration agreement.

We must receive it within 30 days of the date you first accepted these Terms.

Opting out costs you nothing. It does not affect your account, your subscription, your price, or anything else. If you opt out, disputes between us will be resolved in the courts named in Section 22.1, and Section 21.5 will not apply to you.

21.9 If we change this section

We will tell you at least 30 days before any material change to this Section 21 takes effect. You may reject the change by emailing [email protected] within those 30 days, in which case the most recent version you accepted continues to apply to disputes between us. Rejecting a change does not affect your account or your subscription.

21.10 Survival

This section survives termination of these Terms and closure of your account.

22. Governing law and where disputes are heard

22.1 General

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute not subject to arbitration under Section 21, you and we submit to the exclusive jurisdiction of the state and federal courts in San Francisco County, California.

22.2 Consumers in the EEA, the UK, and Switzerland

If you are a consumer resident in the EEA, the UK, or Switzerland, Sections 21 and 22.1 do not take anything away from you. Specifically:

  • Section 21 (arbitration and class action waiver) does not apply to you.
  • The choice of California law does not remove the protection of the mandatory consumer laws of the country where you live. Where those laws give you more protection than these Terms, those laws apply.
  • You may bring proceedings against us in the courts of the country where you live, and we will bring any proceedings against you in those courts.
  • You may also be entitled to use an alternative dispute resolution body in your country. Your national consumer authority can tell you which one applies to you.

22.3 Consumers elsewhere

If you are a consumer resident outside the United States, the EEA, the UK, and Switzerland, and the mandatory law of the country you live in gives you rights these Terms would otherwise remove, those rights still apply.

23. Your statutory rights as a consumer

Nothing in these Terms affects your rights under mandatory consumer protection law, and where these Terms conflict with those rights, those rights win.

If you are a consumer in the EEA or the UK, you have a statutory right to a service that conforms to what was agreed — that matches its description, is fit for its ordinary purpose, and comes with the updates you were told about. If it does not conform, you may be entitled to have it brought into conformity, to a price reduction, or to end the contract and be refunded, under Directive (EU) 2019/770, the Consumer Rights Act 2015, or the equivalent law where you live. You do not have to pay anything to exercise those rights, and nothing in Sections 11, 18, or 19 limits them.

24. Export controls and sanctions

The Service is subject to United States export control and sanctions law. You represent that you are not located in, ordinarily resident in, or a national of any country subject to comprehensive US sanctions, and that you are not on any US government list of prohibited or restricted parties. You agree not to use or export the Service in breach of those laws.

You also agree not to expose to the Service any data controlled under the US International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations, or any classified information. BlinkWrite reads what is on your screen, so this is a practical instruction as much as a legal one: do not run it while such material is displayed.

25. Changes to these terms

We may update these Terms. Each version is published with a version identifier, an effective date, and a note of what changed. Every past version stays available at its own address, so you can always read exactly what you agreed to — see previous versions. We keep a record of which version you accepted and when.

For material changes — anything that meaningfully reduces your rights or increases your obligations — we will give you at least 30 days' notice by email to the address on your account before the new version takes effect, and we will ask you to accept it. The new version is published at its own address during that notice period, so you can read it before it applies. If you do not agree, cancel your subscription and stop using the Service before the effective date, and we will refund the unused part of your current prepaid period.

Editorial changes — typos, formatting, clearer wording that changes nobody's rights — are published as a new version without asking for a new acceptance.

Continuing to use the Service after an editorial version takes effect means you accept it. A material version is asked for explicitly, and the Service stays switched off until you accept it. Changes do not apply retroactively to a dispute that arose before they took effect.

We will not change these Terms in a way that reduces the statutory rights in Sections 11.2, 11.3, and 23.

26. General

Entire agreement. These Terms and the Privacy Policy, together with any additional terms referred to in Section 4.4 (terms accompanying an update) and Section 13 (beta features), are the entire agreement between you and us about the Service, and replace any earlier agreement or understanding about it.

Severability. If any provision is found unenforceable, it will be modified to the minimum extent needed to make it enforceable, or severed, and the rest of these Terms continue in effect. Section 21.5 has its own rule — see Section 21.5.

No waiver. If we do not enforce a provision, that is not a waiver of it, and does not stop us enforcing it later.

Assignment. You may not assign or transfer these Terms, or any right under them, without our written consent. We may assign them to an affiliate, or in connection with a merger, acquisition, or sale of all or substantially all of our assets, on notice to you. If we do, your rights under these Terms are unaffected, and you may cancel under Section 10.4 if you would rather not continue.

Force majeure. Neither of us is liable for a failure or delay caused by something outside our reasonable control, for as long as it lasts.

Notices. We give you notice by email to the address on your account, or in the app. You give us notice by email to [email protected], except where a section of these Terms names a different route. A notice is treated as received on the day it is sent, unless we are told the delivery failed.

No third-party rights. These Terms are between you and us. Nobody else may enforce them, except that Section 19 and Section 20 may be enforced by the people and companies they name.

Interpretation. Headings are for convenience only. "Including" means "including without limitation".

Language. These Terms are written in English. If we provide a translation, the English version governs where they differ, unless the law where you live says otherwise.

27. Contact

Write to [email protected].