Terms of Service

Last Updated: January 15, 2024

Welcome to LitArc! These Terms of Service ("Terms") govern your access to and use of LitArc's platform, tools, and services (the "Service"), operated by LitArc ("we," "our," or "us"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By creating an account or using LitArc, you confirm that you are at least 18 years old and agree to comply with these Terms. If you are accessing the platform on behalf of an organization, you represent that you have the authority to bind that organization.

2. User Roles

LitArc is designed for:

• Authors or Illustrators seeking literary representation
• Agents looking to manage and review authors' or illustrator's submissions

You are responsible for the accuracy and integrity of all content you submit, including manuscripts, bios, preferences, and communication.

3. License to Use the Service

LitArc grants you a limited, non-exclusive, non-transferable license to access and use the Service for your personal or professional use. All rights not expressly granted are reserved by LitArc.

4. Acceptable Use Policy

You agree not to:

• Use the Service for unlawful purposes
• Impersonate another person or entity
• Scrape, mine, reverse engineer, or otherwise misuse the platform
• Upload any content that is harmful, infringing, or misleading
• Engage with any user in a harmful, harassing, threatening, discriminatory, or otherwise abusive manner, including cyberbullying or targeted harassment in public or private interactions

5. Intellectual Property

All content and features on LitArc, including design, logos, software, and branding, are the property of LitArc and are protected by copyright and other intellectual property laws. You retain ownership of your submitted manuscripts and personal content.

6. Fiduciary Responsibilities and Ethical Standards for Agents

Agents on LitArc agree to conduct themselves with integrity, transparency, and professionalism in alignment with general market and broader AALA Canon of Ethics. Agents must:

• Prioritize the business and artistic interests of their clients
• Avoid conflicts of interest and disclose any potential concerns
• Maintain separate accounts for client funds and business operating expenses
• Provide timely payments and full accounting of royalties or advances received on a client's behalf, in accordance with industry standards
• Keep client financial and contractual matters confidential unless legally obligated or authorized to disclose
• Never charge reading fees or editorial fees to potential clients as a condition of representation. Editorial services must be distinctly separate, fully disclosed, and never tied to literary representation outcomes
• Avoid double representation in a single transaction (i.e., buyer and seller) and abstain from accepting packaging or producer fees without written client consent

Failure to comply with these standards may result in account termination and referral to appropriate industry bodies.

7. Termination

We reserve the right to suspend or terminate your account at our discretion, with or without notice, if we believe you have violated these Terms or engaged in harmful behavior. Upon termination, your access to the Service will cease, and we may delete your data in accordance with our Privacy Policy.

8. Disclaimers & Limitation of Liability

LitArc provides the Service "as is" and "as available." We make no warranties regarding the accuracy or reliability of the Service or its content. LitArc is not responsible for the outcome of agent-author relationships, submission results, or data loss. To the maximum extent permitted by law, our liability is limited to the amount you have paid to us, if any, in the past 12 months.

9. Payment Terms

Users on paid plans agree to the pricing, billing cycle, and renewal terms presented at the time of purchase. Subscription fees are non-refundable except where required by law.

10. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in JAMS, unless otherwise required by law.

11. Changes to Terms

We may update these Terms occasionally. We will notify users of significant changes via email or by posting a notice on our site. Your continued use of the Service constitutes acceptance of the revised Terms.

Contact Us

If you have any questions about these Terms, please contact us at legal@litarc.co.

Thank you for using LitArc!