Instant Design Tool (Service) is provided by Instant Design Tool, Inc. (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.
3.3 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product, service, subscription or plan is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).
4.2 We reserve the right to alter all plans, service subscription and features without notice.
5.1 All services are billed monthly in advance.
5.2 If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.
5.3 Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.
5.4 Where a payment request is made by us and is declined (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid payment method is added to your account or accounts.
6.1 You may cancel your account or accounts at any time.
6.2 Cancellation should be done using the facility provided.
6.3 Cancellation by any other means, including (but not limited to) email, telephone call, fax, text or instant message is not valid.
6.4 Full or partial refunds will only be given where the product or service provided by us is found to be defective.
6.5 Refunds will not be given where we are unable to replicate the issue or the issue stems from the user or their equipment.
6.7 In the case of a defective service we reserve the right to offer an additional free period of service or issue a partial or full refund at our sole discretion.
6.8 Where a refund is offered and accepted by you it will be made within ten working days of receiving your acceptance of a refund.
7.1 Users can upgrade or downgrade their accounts and the services offered at any time.
7.2 Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.
7.3 No refunds will be offered for downgraded monthly accounts that have been downgraded before the monthly charge is due on the account. The new lower monthly charge will be automatically applied on the usual date of the monthly charge.
7.4 Where an account is upgraded the the increased charge will be applied immediately to the account for the additional amount. Your monthly payment will be due for that date each month onwards.
7.5 In the case 12-month accounts (when offered) a partial refund will be offered for all complete remaining months of the service where the user downgrades the account. No refund will be offered for days remaining in the month of the downgrade.
7.6 Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.
8.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
8.2 These Terms and Conditions apply to all trial or offer-period accounts.
9.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users
9.2 We reserve the right not to provide a full technical support service to free or trial account users.
10.1 As a user you agree not to do any of the following:
10.2 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
11.1 As a user you retain all ownership rights to content provided by you.
11.2 You warrant that any content provided by you does not belong to a third-party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third-party you agree to pay all royalties, fines and settlements owed to that-party, without seeking any contribution from us.
12.1 We do not condone or encourage in any way the using of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
12.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
12.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
Users can freely add content to the Service. We do not monitor or assume any responsibility for content used onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
14.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
14.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.
15.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the Service we should have offered to you in the first place – where appropriate and practical. Where this is not possible we will offer full or part-refunds subject to clause 17.3 below.
15.2 Refunds will not be offered where a third-party provider who supplies a service to you, rather than us causes the issue.
15.3 You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.
16.1 We are not responsible for the accuracy of any content on the Service (except where such Content is provided by us).
16.2 We are not responsible for any links to third-party websites from the Service and the inclusion of any link does not imply an endorsement of a third-party website or service by us.
17.1 We shall be not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.
17.2 Nothing in this Agreement shall exclude or limit liability for personal injury resulting from the negligence of either party or their servants, agents or employees.
17.3 In any event, our liability and that of our employees, officers and third-party partners shall be limited in any 12 month period to the total Service fees incurred by you in relation to the matter subject to the liability or to a payment of € 100, whichever is the greater sum.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third-party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with Dutch law and shall be subject to the exclusive jurisdiction of the Dutch Courts. Where applicable your statutory rights are unaffected.
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