Terms of Service
Agreement
These Terms of Service ("Terms") are entered into between you and ERSA, LLC ("Company"), a Florida limited liability company, which operates the FictionMark book-quality certification platform ("FictionMark" or the "Service").
By accessing or using FictionMark, you agree to be bound by these Terms. If you do not agree, do not use the Service.
Nature of the Service
FictionMark is an automated manuscript analysis service operated by ERSA, LLC. The Service provides analysis of submitted manuscripts for informational and evaluative purposes only.
FictionMark is not an editor, publisher, literary agent, or reviewer. The Service does not provide legal, professional, or publishing advice and does not guarantee certification or any particular outcome.
All certification decisions are based on criteria in effect at the time of analysis.
Certification
Certification indicates that a manuscript meets FictionMark's minimum standards under a specific criteria version.
Certification is binary (Certified or Not Certified) and is not an endorsement of quality, taste, ideology, or commercial value. Certification may be superseded if criteria change and a re-analysis is performed.
Only certified works may display the FictionMark badge, subject to usage guidelines provided by ERSA, LLC.
Intellectual Property
Authors retain full ownership of all submitted manuscripts. Submission grants ERSA, LLC a limited, temporary right to analyze the text for evaluation purposes only. No ownership rights are transferred to ERSA, LLC or any third party.
FictionMark does not retain manuscripts or track revisions. Each submission is treated as a separate evaluation.
The FictionMark name, logo, and certification badge are trademarks of ERSA, LLC. Unauthorized use is prohibited.
Payment Terms
Payment for manuscript analysis is processed through third-party payment processors on behalf of ERSA, LLC. All fees are non-refundable unless otherwise stated. ERSA, LLC reserves the right to modify pricing at any time.
Limitation of Liability
The Service is provided "as is" without warranties of any kind. To the maximum extent permitted by law, ERSA, LLC disclaims all liability for publishing outcomes, commercial performance, reader reception, or editorial decisions made by authors or third parties based on certification results.
In no event shall ERSA, LLC be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
Termination
ERSA, LLC reserves the right to suspend or terminate access for misuse of the Service or violation of these Terms without prior notice.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any disputes arising from these Terms or use of the Service shall be resolved in the courts of Florida, and you consent to the exclusive jurisdiction of such courts.
Optional Communications
FictionMark may contact registered authors by email regarding optional products or services directly related to their certification, such as verification tools or branded materials that reference the FictionMark badge.
These communications are optional and not required to obtain or maintain certification. Authors may opt out of such communications at any time using the unsubscribe mechanism provided in the message or by updating their account preferences.
FictionMark does not sell or rent author email addresses to third parties.
Changes to Terms
ERSA, LLC may update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the revised Terms.
Contact
For questions about these Terms, contact ERSA, LLC at FictionMark@proton.me.