Features
- Designers
  - Terms of Use
    
    1.General
    Welcome to Symbolt.io, an online design studio services operated A Symbol LTD (“Symbolt” or “us”). Your use of our website, online services and features and underlaying software provided on or in connection with the services (the “Service”) is subjects to the Terms of Use hereunder. By using or accessing the Service (particularly but not limited to uploading and editing documents onto the Services), you agree to be bound by a legal agreement between you and Symbolt as defined by these Terms of Use and the following documents which form integral parts of the legal agreement (the “Terms of Use”):
    1. Any purchasing order, binding order, statement of work or similar purchasing document directly or indirectly referring to the terms of use of the Service,
    2. Payment terms, if applicable
    The Service is hosted and can be accessed at our web platform: https://www.symbolt.io/ (the “Website”). The Terms of Use applies to all visitors, users, end-customers, contributors and others accessing the Service, regardless whether you are a registered user or not and whether you subscribe to paid Subscription or not. We recommend reading these Terms of Use carefully to ensure that you fully understand them. In case of any questions or concerns relating to these Terms of Use, you can always reach us via leart@symbolt.io.
    2.Use of the Service
    Purpose of the Service. The Service is an online design studio platform enabling designers or any other users to create designs, graphics, projects or any other content (“Design Project”), invite third parties (typically colleagues, contributors, clients and end-customers) to edit, comment and collaborate together on Design Projects and conveniently display, store and share the completed Design Projects on the Website. Visitors to the Website. If you are visiting the Website without creating a user account, your access to the Service and content provided therein may be limited, suspended or denied. Eligibility. By using the Service, you confirm that you have the legal capacity and all necessary authorizations to form a binding contract with Symbolt and perform all of your obligations hereunder, in accordance with these Terms of Use and all applicable legal regulations. You represent that you are of legal age and under no legal disability or contractual restriction that would prevent you from entering into this agreement and use the Service. Acceptance of Terms of Use. You cannot use the Service unless you accept these Terms of Use. You can accept the Terms of Use by (i) clicking to accept or agree to the Terms of Use, where this option is available, particularly when setting up your Designer Account or End-Customer Account; or (ii) by payment of the subscription fee of the Service, or (iii) by using the Service. You acknowledge than any of these three options constitute an acceptance of the Terms of Use and conclusion of the Agreement.
    3.User account
    Designer Account. To gain full access to the Service, you are required to create a premium user account (“Designer Account), provide us with necessary information and, unless you are eligible for a trial run or other free versions of the Service, pay a subscription fee for use of the Service. You represent and warrant that the information you use to create the account is true, accurate and up to date. When your registration is processed and account created, you will be able to log in to your Designer Account with your email and chosen password. The Designer Account enables you to create different Design Projects, manage access rights to individual Design Projects, invite your end-customers to review, collaborate, edit, comment or otherwise engage with the Design Projects within the Service. You may also export the Design Project in approved formats; the list of approved formats may vary from time to time and is in full discretion of Symbolt. End-Customer Account. Designers can invite their clients, end-customers or third parties to review, collaborate, edit and comment on the Design Projects. To access the Service and/or the Design Projects, you (invitees) will be required to create an end-user account (“End-Customer Account. You represent and warrant that the information that you provide to us is true, accurate and up to date. When your registration is processed and account created, you will be able to log in to your End-Customer Account with your email and chosen password. Once your registration is processed, you will be able to see, comment or edit the particular Design Project in the scope and extent as allowed by the Designer.
    4.Provision of Service, exclusion of warranty
    Updates and changes. We aim to provide the best possible experience for our users and therefore, are constantly trying to improve and innovate the Service. You acknowledge and agree that the nature and properties of the Service, incl. the type and functionalities of your account, may be updated and otherwise changed from time to time without prior notice to you. At its own discretion, Symbolt may also temporarily or permanently stop providing the Service or any of its parts without prior notice to you. Suspension of Service or account. You acknowledge that Symbolt may at its full discretion decide to temporarily or permanently limit or completely suspend your access to your Designer Account or End-Customer Account, in particular, but without limitation to, if you violate any of the provisions of these Terms of Use, without any prior notice to you. If your account is suspended or permanently terminated due to breach of the Terms of Use, you will not be entitled to any refund. Exclusion of warranty. The Service is provided to you on an “as is” and “as available” basis. You are using the Service at your own responsibility. To the maximum extent permitted by the applicable law, the Symbolt and/or any of its affiliates do not provide any warranty of any kind, whether express or implied, including but not limited to, that the Service will be fit for a particular purpose or your needs and requirements, that the Service will be uninterrupted, timely, secure of free from error, that defects in the operation or functionality of any part of Service will be corrected. Without prejudice to the foregoing, Symbolt, its affiliates and licensors do not warrant that the content (incl. Design Projects) is accurate, reliable, correct or fit for any particular purpose or requirement. Symbolt shall not be liable and does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised, offered or accessible via the Website or the Service, and Symbolt will not be a party, partner or intermediary to any transaction between you and the third-provider of such product or service. Consumer protection. Nothing in these Terms of Use shall affect those statutory rights which you are always entitled to as a consumer under applicable law and that you cannot contractually agree to alter or waive.
    5.Prohibited use of the Service
    Prohibited use. You agree not to engage in any of the following prohibited actions: (i) copying, distributing, reproducing, sale, resale or trade of the Service for any purpose and in any medium, including automated means; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service or otherwise interfering with the proper functioning of the Service; (iv) using any technology, including reverse engineering, to re-create, imitate or copy the Service or any of its parts to achieve similar look and functions; (v) uploading invalid data, viruses or other software agents through the Service; (vi) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your entity; (vii) attempting to bypass the measures we may use to prevent or restrict access to the Service; (viii) using the Service and/or Free Content to support, incite or promote discrimination or violence. You agree that you are solely responsible for (and that Symbolt has no responsibility to you or to any third party for) any prohibited use and for the entailing consequences (including any loss or damage which Symbolt may suffer).
    6.License provided to you by Symbolt
    Symbolt proprietary rights. You acknowledge and agree that Symbolt (or its licensors) owns all legal rights, title and interest in and to the Service, underlying software and all materials included therein (except for the User Content, as defined below), including, but without limitation, images, text, graphics, illustrations, free content (e.g. templates) provided by Symbolt and any and all intellectual property rights related thereto (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Service may contain information which is considered and designated as confidential by Symbolt and that you shall not disclose such information without Symbolt’s prior written consent. User license to Service. Symbolt gives you a worldwide, royalty-free, non-assignable and non-exclusive right and licence to access and use the Service through the Website, on a subscription basis, for the term and in the scope designated by the Agreement. The licence granted in this section is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Symbolt, in the manner permitted by the Terms of Use. You may not use the Services for the benefit of any third parties; use of the Services by Designers for the benefit of end-users and vice versa is allowed. Free Content (Templates). If you subscribe for a Designer Account, Symbolt gives you (or brokers for you) a worldwide, royalty-free and non-exclusive for the duration of your subscription right and license to access and use, reproduce, display, distribute, combine with other works and create derivative works of the templates, illustrations and other materials which were created by Symbolt and/or its licensors and which are available to you in the Service to use in your Design Projects (the “Free Content”). In certain cases, the license to Free Content may be limited; in such case the limitation will be specified in the Service. If you incorporate any of the Free Content in your Design Project, you are entitled to transfer and sub-license the license under this section to a third party. Unless stated otherwise in the Terms of Use, you are not required to attribute authorship of the Free Content. You acknowledge that Symbolt’s copyright and other proprietary rights relating to the Free Content will continue exist and, except for the license provided in this section, Symbolt reserves all its rights in and to the Free Content. Prohibited use of intellectual property. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any Symbolt proprietary rights, including, but without limitation, Symbolt’s trade names, trademarks, service marks, logos, domain names and any other distinctive brand features, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, perform, publish, adapt, edit, combine with other works, create derivative works or otherwise interfere with Symbolt proprietary rights. For the avoidance of doubt, if any outputs from the Services generated by you through the use of the Service include Symbolt’s trade name, trademark, service mark, logo, domain name or other distinctive Symbolt’s brand features, their use in connection is permitted within the given purpose and you agree not to remove, obscure, or alter any proprietary rights marks or notices (including copyright and trademark notices) which may be affixed or contained within the Service and/or outputs from the Service.
    7.User content
    Type of User Content. If you subscribe to the Service, you will be able upload and further edit, store and share various content and information, such as your profile information, images, text, fonts, designs, illustrations, graphics and other materials in accordance with these Terms of Use (“User Content”). You may also use Free Content and combine it with User Content in your Design Projects, in line with the conditions of these Terms of Use. User Content also includes any edits or inputs from users having the End-User Accounts. User Content Limitations. You agree and represent that in your Design Projects, you will not upload User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) contains any information or content that you know is not correct and accurate; or (x) violates any third-party rights, including copyright and intellectual property rights. Each owner of the Design Project (i.e. holder of the Designer Account who created and/or started the particular Design Project) is solely liable for ensuring that the particular Design Project does not violate the terms of this Agreement. License to Symbolt. You retain ownership, copyright and any other intellectual property rights you already hold in the User Content which you upload, post or display on or through the Service. In case you use Service features that allow you to upload, post or display the Content on or through the Service, you give Symbolt a worldwide, royalty-free, perpetual and non-exclusive license to use, reproduce, adapt, modify, combine with other works, create derivative works and publish User Content (i) on your behalf and in line with your instructions for the purpose of publishing or sharing User Content, as available in the Service, (ii) for the purpose of optimizing and improving the Service, our technology and our products and services, including use of artificial intelligence and similar algorithms to analyzes the User Content for analytical purposes and for product and market research. For the avoidance of doubt, the User Content and the relating terms shall never include the Free Content.
    8.Payment terms – Designer Account
    Subscription. Certain aspects or parts of the Service are provided free of charge. Unless stipulated otherwise, the Designer Account and full access to the Service is subject to a subscription-based fee. If you decide to subscribe to the Designer Account for the chosen subscription term, you agree to the pricing and payment terms listed in the Service or relating documents which are listed in the header of these Terms of Use. You acknowledge that we may update the pricing and payment terms from time to time. Symbolt may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. No refunds. You may cancel your Designer Account at any time; however, you will not be entitled to any refunds for cancellation. In the event that Symbolt suspends or terminates your Designer Account or this Agreement, you acknowledge and agree that you shall receive no refund or exchange for any unused time on the Subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Taxes. You represent and warrant that all information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service is accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
    9.Privacy
    We care about the privacy of all our users and visitors. The nature and extent of processing, the type of personal data processed, the purposes and legal basis on which we process personal data, as well as the organisational and technical measures that we implemented to ensure the security of processing, are described in detail in our Privacy Policy https://symbolt.io/privacypolicy/ which applies to the processing of personal data within or in connection with our provision of Service to you and sets out our commitment to protecting personal data and privacy of individuals.
    10.Limitation of liability
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, SYMBOLT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES), DAMAGES FOR LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, GOODWILL, UNAUTHORIZED ACCESS, BUGS, ERRORS OR VIRUSES, OR DATA LOSS, DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE AGREEMENT, THE SERVICE, FREE CONTENT, USER CONTENT OR THE FAILURE TO PERFORM OUR OBLIGATIONS. IN NO EVENT SHALL SYMBOLT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE SUBSCRIPTION FEE THAT YOU PAID TO SYMBOLT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SYMBOLT ACCEPTS NO LIABILITY IN RELATION TO YOUR USE OF ANY SERVICES PROVIDED FREE OF CHARGE. Notwithstanding anything to the contrary contained herein, Symbolt shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Free Content, or other content, any additions or combinations of User Content or Free Content with other content, or the context in which the User Content, Free Content, or other content is used by you. Nothing in the Agreement shall exclude or limit Symbolt’s liability for losses which may not be lawfully excluded or limited by applicable law.
    11.Indemnity
    You agree to defend, indemnify and hold harmless Symbolt and its agents, officers, directors, licensors, affiliates and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including, without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party rights, including, without limitation any right of privacy, publicity, copyright or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, Free Content, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your username, password, or other appropriate security code.
    12.Governing law & jurisdiction
    Governing law. Your use of the Service, the Terms of Use, and your relationship with Symbolt under the Agreement, shall be governed by England law. Jurisdiction. You and Symbolt agree to submit to the jurisdiction of the courts of England to resolve any legal matters arising from the Terms of Use.
    13.Miscellaneous
    No assignment. Except as otherwise explicitly provided in this Agreement, this Agreement, your rights and obligations and any licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Symbolt without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Symbolt’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Survival. If the Agreement is terminated for whatever reason, all of the legal rights, obligations and liabilities that you and Symbolt have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) and/or which are expressed to continue indefinitely, shall be unaffected by termination. Language. The Terms of Use and the Agreement are provided in English language. If you are provided with a translation of the English language version, you acknowledge and agree that the translation is provided only for your convenience and that your relationship with Symbolt will be governed by the Terms of Use and Agreement in English. In case of any discrepancy or contradiction between the language versions, the English version shall take precedence. Validity of provisions. Except as otherwise expressly set forth in the Agreement, in the event that any provision of this Agreement shall be held by a court or other competent authority to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. Updates. Symbolt may, in its sole discretion, modify or update these Terms of Use and the Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
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Terms of Use

1.General

Welcome to Symbolt.io, an online design studio services operated A Symbol LTD (“Symbolt” or “us”). Your use of our website, online services and features and underlaying software provided on or in connection with the services (the “Service”) is subjects to the Terms of Use hereunder. By using or accessing the Service (particularly but not limited to uploading and editing documents onto the Services), you agree to be bound by a legal agreement between you and Symbolt as defined by these Terms of Use and the following documents which form integral parts of the legal agreement (the “Terms of Use”):

Any purchasing order, binding order, statement of work or similar purchasing document directly or indirectly referring to the terms of use of the Service,
Payment terms, if applicable

The Service is hosted and can be accessed at our web platform: https://www.symbolt.io/ (the “Website”). The Terms of Use applies to all visitors, users, end-customers, contributors and others accessing the Service, regardless whether you are a registered user or not and whether you subscribe to paid Subscription or not.

We recommend reading these Terms of Use carefully to ensure that you fully understand them.

In case of any questions or concerns relating to these Terms of Use, you can always reach us via leart@symbolt.io.

2.Use of the Service

Purpose of the Service. The Service is an online design studio platform enabling designers or any other users to create designs, graphics, projects or any other content (“Design Project”), invite third parties (typically colleagues, contributors, clients and end-customers) to edit, comment and collaborate together on Design Projects and conveniently display, store and share the completed Design Projects on the Website.

Visitors to the Website. If you are visiting the Website without creating a user account, your access to the Service and content provided therein may be limited, suspended or denied.

Eligibility. By using the Service, you confirm that you have the legal capacity and all necessary authorizations to form a binding contract with Symbolt and perform all of your obligations hereunder, in accordance with these Terms of Use and all applicable legal regulations. You represent that you are of legal age and under no legal disability or contractual restriction that would prevent you from entering into this agreement and use the Service.

Acceptance of Terms of Use. You cannot use the Service unless you accept these Terms of Use. You can accept the Terms of Use by (i) clicking to accept or agree to the Terms of Use, where this option is available, particularly when setting up your Designer Account or End-Customer Account; or (ii) by payment of the subscription fee of the Service, or (iii) by using the Service. You acknowledge than any of these three options constitute an acceptance of the Terms of Use and conclusion of the Agreement.

3.User account

Designer Account. To gain full access to the Service, you are required to create a premium user account (“Designer Account), provide us with necessary information and, unless you are eligible for a trial run or other free versions of the Service, pay a subscription fee for use of the Service. You represent and warrant that the information you use to create the account is true, accurate and up to date. When your registration is processed and account created, you will be able to log in to your Designer Account with your email and chosen password. The Designer Account enables you to create different Design Projects, manage access rights to individual Design Projects, invite your end-customers to review, collaborate, edit, comment or otherwise engage with the Design Projects within the Service. You may also export the Design Project in approved formats; the list of approved formats may vary from time to time and is in full discretion of Symbolt.

End-Customer Account. Designers can invite their clients, end-customers or third parties to review, collaborate, edit and comment on the Design Projects. To access the Service and/or the Design Projects, you (invitees) will be required to create an end-user account (“End-Customer Account. You represent and warrant that the information that you provide to us is true, accurate and up to date. When your registration is processed and account created, you will be able to log in to your End-Customer Account with your email and chosen password. Once your registration is processed, you will be able to see, comment or edit the particular Design Project in the scope and extent as allowed by the Designer.

4.Provision of Service, exclusion of warranty

Updates and changes. We aim to provide the best possible experience for our users and therefore, are constantly trying to improve and innovate the Service. You acknowledge and agree that the nature and properties of the Service, incl. the type and functionalities of your account, may be updated and otherwise changed from time to time without prior notice to you. At its own discretion, Symbolt may also temporarily or permanently stop providing the Service or any of its parts without prior notice to you.

Suspension of Service or account. You acknowledge that Symbolt may at its full discretion decide to temporarily or permanently limit or completely suspend your access to your Designer Account or End-Customer Account, in particular, but without limitation to, if you violate any of the provisions of these Terms of Use, without any prior notice to you. If your account is suspended or permanently terminated due to breach of the Terms of Use, you will not be entitled to any refund.

Exclusion of warranty. The Service is provided to you on an “as is” and “as available” basis. You are using the Service at your own responsibility. To the maximum extent permitted by the applicable law, the Symbolt and/or any of its affiliates do not provide any warranty of any kind, whether express or implied, including but not limited to, that the Service will be fit for a particular purpose or your needs and requirements, that the Service will be uninterrupted, timely, secure of free from error, that defects in the operation or functionality of any part of Service will be corrected. Without prejudice to the foregoing, Symbolt, its affiliates and licensors do not warrant that the content (incl. Design Projects) is accurate, reliable, correct or fit for any particular purpose or requirement. Symbolt shall not be liable and does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised, offered or accessible via the Website or the Service, and Symbolt will not be a party, partner or intermediary to any transaction between you and the third-provider of such product or service.

Consumer protection. Nothing in these Terms of Use shall affect those statutory rights which you are always entitled to as a consumer under applicable law and that you cannot contractually agree to alter or waive.

5.Prohibited use of the Service

Prohibited use. You agree not to engage in any of the following prohibited actions: (i) copying, distributing, reproducing, sale, resale or trade of the Service for any purpose and in any medium, including automated means; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service or otherwise interfering with the proper functioning of the Service; (iv) using any technology, including reverse engineering, to re-create, imitate or copy the Service or any of its parts to achieve similar look and functions; (v) uploading invalid data, viruses or other software agents through the Service; (vi) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your entity; (vii) attempting to bypass the measures we may use to prevent or restrict access to the Service; (viii) using the Service and/or Free Content to support, incite or promote discrimination or violence. You agree that you are solely responsible for (and that Symbolt has no responsibility to you or to any third party for) any prohibited use and for the entailing consequences (including any loss or damage which Symbolt may suffer).

6.License provided to you by Symbolt

Symbolt proprietary rights. You acknowledge and agree that Symbolt (or its licensors) owns all legal rights, title and interest in and to the Service, underlying software and all materials included therein (except for the User Content, as defined below), including, but without limitation, images, text, graphics, illustrations, free content (e.g. templates) provided by Symbolt and any and all intellectual property rights related thereto (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Service may contain information which is considered and designated as confidential by Symbolt and that you shall not disclose such information without Symbolt’s prior written consent.

User license to Service. Symbolt gives you a worldwide, royalty-free, non-assignable and non-exclusive right and licence to access and use the Service through the Website, on a subscription basis, for the term and in the scope designated by the Agreement. The licence granted in this section is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Symbolt, in the manner permitted by the Terms of Use. You may not use the Services for the benefit of any third parties; use of the Services by Designers for the benefit of end-users and vice versa is allowed.

Free Content (Templates). If you subscribe for a Designer Account, Symbolt gives you (or brokers for you) a worldwide, royalty-free and non-exclusive for the duration of your subscription right and license to access and use, reproduce, display, distribute, combine with other works and create derivative works of the templates, illustrations and other materials which were created by Symbolt and/or its licensors and which are available to you in the Service to use in your Design Projects (the “Free Content”). In certain cases, the license to Free Content may be limited; in such case the limitation will be specified in the Service. If you incorporate any of the Free Content in your Design Project, you are entitled to transfer and sub-license the license under this section to a third party. Unless stated otherwise in the Terms of Use, you are not required to attribute authorship of the Free Content. You acknowledge that Symbolt’s copyright and other proprietary rights relating to the Free Content will continue exist and, except for the license provided in this section, Symbolt reserves all its rights in and to the Free Content.

Prohibited use of intellectual property. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any Symbolt proprietary rights, including, but without limitation, Symbolt’s trade names, trademarks, service marks, logos, domain names and any other distinctive brand features, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, perform, publish, adapt, edit, combine with other works, create derivative works or otherwise interfere with Symbolt proprietary rights. For the avoidance of doubt, if any outputs from the Services generated by you through the use of the Service include Symbolt’s trade name, trademark, service mark, logo, domain name or other distinctive Symbolt’s brand features, their use in connection is permitted within the given purpose and you agree not to remove, obscure, or alter any proprietary rights marks or notices (including copyright and trademark notices) which may be affixed or contained within the Service and/or outputs from the Service.

7.User content

Type of User Content. If you subscribe to the Service, you will be able upload and further edit, store and share various content and information, such as your profile information, images, text, fonts, designs, illustrations, graphics and other materials in accordance with these Terms of Use (“User Content”). You may also use Free Content and combine it with User Content in your Design Projects, in line with the conditions of these Terms of Use. User Content also includes any edits or inputs from users having the End-User Accounts.

User Content Limitations. You agree and represent that in your Design Projects, you will not upload User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) contains any information or content that you know is not correct and accurate; or (x) violates any third-party rights, including copyright and intellectual property rights. Each owner of the Design Project (i.e. holder of the Designer Account who created and/or started the particular Design Project) is solely liable for ensuring that the particular Design Project does not violate the terms of this Agreement.

License to Symbolt. You retain ownership, copyright and any other intellectual property rights you already hold in the User Content which you upload, post or display on or through the Service. In case you use Service features that allow you to upload, post or display the Content on or through the Service, you give Symbolt a worldwide, royalty-free, perpetual and non-exclusive license to use, reproduce, adapt, modify, combine with other works, create derivative works and publish User Content (i) on your behalf and in line with your instructions for the purpose of publishing or sharing User Content, as available in the Service, (ii) for the purpose of optimizing and improving the Service, our technology and our products and services, including use of artificial intelligence and similar algorithms to analyzes the User Content for analytical purposes and for product and market research. For the avoidance of doubt, the User Content and the relating terms shall never include the Free Content.

8.Payment terms – Designer Account

Subscription. Certain aspects or parts of the Service are provided free of charge. Unless stipulated otherwise, the Designer Account and full access to the Service is subject to a subscription-based fee. If you decide to subscribe to the Designer Account for the chosen subscription term, you agree to the pricing and payment terms listed in the Service or relating documents which are listed in the header of these Terms of Use. You acknowledge that we may update the pricing and payment terms from time to time. Symbolt may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

No refunds. You may cancel your Designer Account at any time; however, you will not be entitled to any refunds for cancellation. In the event that Symbolt suspends or terminates your Designer Account or this Agreement, you acknowledge and agree that you shall receive no refund or exchange for any unused time on the Subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

Taxes. You represent and warrant that all information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service is accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.

9.Privacy

We care about the privacy of all our users and visitors. The nature and extent of processing, the type of personal data processed, the purposes and legal basis on which we process personal data, as well as the organisational and technical measures that we implemented to ensure the security of processing, are described in detail in our Privacy Policy https://symbolt.io/privacypolicy/ which applies to the processing of personal data within or in connection with our provision of Service to you and sets out our commitment to protecting personal data and privacy of individuals.

10.Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, SYMBOLT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES), DAMAGES FOR LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, GOODWILL, UNAUTHORIZED ACCESS, BUGS, ERRORS OR VIRUSES, OR DATA LOSS, DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE AGREEMENT, THE SERVICE, FREE CONTENT, USER CONTENT OR THE FAILURE TO PERFORM OUR OBLIGATIONS.

IN NO EVENT SHALL SYMBOLT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE SUBSCRIPTION FEE THAT YOU PAID TO SYMBOLT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SYMBOLT ACCEPTS NO LIABILITY IN RELATION TO YOUR USE OF ANY SERVICES PROVIDED FREE OF CHARGE.

Notwithstanding anything to the contrary contained herein, Symbolt shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Free Content, or other content, any additions or combinations of User Content or Free Content with other content, or the context in which the User Content, Free Content, or other content is used by you.

Nothing in the Agreement shall exclude or limit Symbolt’s liability for losses which may not be lawfully excluded or limited by applicable law.

11.Indemnity

You agree to defend, indemnify and hold harmless Symbolt and its agents, officers, directors, licensors, affiliates and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including, without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party rights, including, without limitation any right of privacy, publicity, copyright or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, Free Content, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your username, password, or other appropriate security code.

12.Governing law & jurisdiction

Governing law. Your use of the Service, the Terms of Use, and your relationship with Symbolt under the Agreement, shall be governed by England law.

Jurisdiction. You and Symbolt agree to submit to the jurisdiction of the courts of England to resolve any legal matters arising from the Terms of Use.

13.Miscellaneous

No assignment. Except as otherwise explicitly provided in this Agreement, this Agreement, your rights and obligations and any licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Symbolt without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

No waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Symbolt’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Survival. If the Agreement is terminated for whatever reason, all of the legal rights, obligations and liabilities that you and Symbolt have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) and/or which are expressed to continue indefinitely, shall be unaffected by termination.

Language. The Terms of Use and the Agreement are provided in English language. If you are provided with a translation of the English language version, you acknowledge and agree that the translation is provided only for your convenience and that your relationship with Symbolt will be governed by the Terms of Use and Agreement in English. In case of any discrepancy or contradiction between the language versions, the English version shall take precedence.

Validity of provisions. Except as otherwise expressly set forth in the Agreement, in the event that any provision of this Agreement shall be held by a court or other competent authority to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect.

Updates. Symbolt may, in its sole discretion, modify or update these Terms of Use and the Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.