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.
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.
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.
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.
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).
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 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.
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.
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.
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.
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.
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.