Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by Infernal Moose Publishing, LLC ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services.

You must be at least 18 years old to use our services. By using our services, you represent and warrant that you are at least 18 years old.

2. Description of Services

We provide software-as-a-service (SaaS) solutions for the publishing industry, including but not limited to:

• Royalty calculation software
• Manuscript analysis tools
• Editorial tools
• Marketing tools
• Publishing platform services

Our services are accessible through our web platform and may include mobile applications in the future.

3. User Accounts and Registration

To use certain features of our services, you must create an account by providing accurate and complete information, including your name and email address. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Subscription Plans and Pricing

We offer various pricing models:

• Usage-based subscriptions: Pricing based on your usage of specific tools (e.g., royalty calculations)
• Platform subscriptions: Fixed recurring fees for access to platform features
• One-time purchases: Single payments for specific services (e.g., manuscript analysis)

Some services include free usage thresholds (such as the first 10 books being free on our royalty tool). Pricing and free usage limits are subject to change with reasonable notice.

5. Payment Terms

• Subscription fees are billed in advance on a recurring basis
• One-time purchase fees are due at the time of service
• All fees are non-refundable except as expressly provided in these Terms
• We reserve the right to change our pricing with 30 days' notice to existing subscribers

6. Cancellation and Refunds

• You may cancel your subscription at any time through your account settings
• Cancellation will take effect at the end of your current billing period
• Refunds are considered on a case-by-case basis and are at our sole discretion
• No refunds will be provided for partial months of service

7. User Content and Data

Your Content

You retain ownership of all content you upload, including manuscripts, sales data, images, and other materials ("User Content"). By uploading User Content, you grant us a limited, non-exclusive license to use, store, and process your content solely to provide our services.

Data Collection

We collect and store:

• Account information (name, email address)
• User Content you upload
• Sensitive information you choose to provide (such as SSNs or payment information for royalty purposes)

You are responsible for ensuring you have the right to upload any User Content and that such content complies with applicable laws.

8. Royalty Calculations

Calculation Methodology

Our royalty calculation service processes sales data from various distribution platforms (including but not limited to Amazon KDP, Draft2Digital, IngramSpark, Google Play, Shopify, and other distributors) to calculate royalties owed to authors and contributors based on your specified royalty split agreements.

Data Sources and Processing

• You are responsible for uploading accurate and complete sales reports from your distributors
• We parse and process this data according to industry-standard methodologies
• We apply your defined royalty split percentages and contributor agreements
• Calculations include considerations for returns, pricing tiers, and distributor-specific terms

Accuracy and Limitations

While we strive for accuracy in all calculations:

• Calculations are provided as estimates and tools to assist with royalty management
• You remain ultimately responsible for verifying all calculations and ensuring accurate tax reporting
• We are not liable for errors arising from incomplete, inaccurate, or improperly formatted input data
• Calculation methodologies may be updated to reflect industry changes or improvements
• You should consult with tax and legal professionals regarding your specific obligations

Right to Dispute and Corrections

If you believe there is an error in our calculations:

• You may contact our support team at help@familiar.pub with specific details
• We will investigate reported discrepancies within 10 business days
• If an error is confirmed, we will provide corrected calculations promptly
• You retain the right to use alternative calculation methods or tools at your discretion

Tax Compliance

We collect tax identification information (SSN/EIN) solely for the purpose of assisting you with royalty distribution and payment tracking. You acknowledge that:

• We are not tax advisors and do not provide tax advice
• You are responsible for all tax reporting and compliance related to royalty payments
• You should consult qualified tax professionals for guidance on your specific situation

9. Prohibited Uses

You agree not to use our services to:

• Engage in any illegal activities
• Send spam or unsolicited communications
• Upload malicious software or viruses
• Violate the intellectual property rights of others
• Impersonate any person or entity
• Interfere with or disrupt our services
• Access our services through automated means without permission

10. Intellectual Property

The services, including all software, text, graphics, logos, and other content (excluding User Content), are owned by Infernal Moose Publishing, LLC and are protected by copyright, trademark, and other intellectual property laws.

11. Privacy and Data Security

We take data security seriously and implement reasonable measures to protect your information. However, no system is completely secure, and we cannot guarantee the absolute security of your data.

For detailed information about how we collect, use, and protect your data, please review our Privacy Policy.

12. Service Availability

We strive to maintain high availability of our services but do not guarantee uninterrupted access. Our services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

13. Limitation of Liability

14. Disclaimer of Warranties

15. Indemnification

You agree to indemnify and hold harmless Infernal Moose Publishing, LLC from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of our services or violation of these Terms.

16. Termination

We may terminate or suspend your account and access to our services at any time, with or without notice, if you violate these Terms or for any other reason at our discretion.

Upon termination, your right to use our services will cease immediately, but these Terms will remain in effect as to any prior use.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles. Any disputes arising under these Terms will be resolved in the state or federal courts located in Colorado.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through our services. Your continued use of our services after such notice constitutes acceptance of the modified Terms.

19. Entire Agreement

These Terms constitute the entire agreement between you and Infernal Moose Publishing, LLC regarding our services and supersede any prior agreements.

20. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

21. Contact Information