Terms of Use.
This Agreement is Legally Binding
This Agreement is a legally binding contract between you and us. If you access or use the Service, or continue accessing or using the Service after being notified of a change to the Agreement, you confirm that you have read, understand and agree to be bound by the updated version of the Agreement.
Overview
We provide a variety of software applications in addition to the Service. These applications include PerfectIt Windows Edition and PerfectIt Cloud. Some users, companies and other organizations enter into separate agreements with us regarding their usage of our applications, and this Agreement refers to those companies and organizations as “Customers.” If you are an employee of a Customer or another individual using the Service or any of our other applications in connection with a Customer, this Agreement refers to you as a “Customer User.” You are also welcome to use the Service even if you are not affiliated with a Customer, however, and in that case this Agreement refers to you as an “Independent User.” This Agreement refers to you and all other Customer Users and Independent Users together as “Users.”
How the Service Works
The Service works in the ways described in this Agreement and in our standard user documentation published in the Service itself. You may submit your or your Customer’s document (“Document”) into the Service by typing or pasting it into the Service’s interface. This Agreement refers to the Document and any other material and data that you provide to us together as “Your Data.”
At any time, you can export your Document from the Service using the self-service export functionality. This may be either in an industry-standard format then-supported by the Service or as a proprietary PerfectIt style (a “PerfectIt Style Sheet”). You may download the PerfectIt Style Sheet to your devices and import it to your PerfectIt account if you use PerfectIt. If you use PerfectIt Cloud, you may also sync a PerfectIt Style Sheet with your PerfectIt Cloud account and store them in that account as well.
We analyze Documents that our Users submit to the Service for commonalities and trends. We use those insights to make recommendations to you, to other Users, to Customers and to others about the commonalities and trends that the Service helps us identify. For example, if we observe that the majority of Documents use a particular style convention (the Oxford comma, the em dash, or any other), we may recommend to you or others that you consider following the same convention. We may make these types of recommendations within the Service or within our other applications or elsewhere. In all cases, information that we share with others will be anonymized and aggregated or otherwise will not identify you.
Service Commitment
We generally make the Service accessible at all times. However, we sometimes make the Service unavailable for planned or unplanned maintenance or improvements. We will do our best to provide advance notice of periods of unavailability, but we cannot promise to do so in all cases.
Registration
To begin using the Service, you must have or create an account with us. If you are a Customer User, you will use your Customer-related account credentials to log in to the Service. Otherwise, you will register an account with us when you first use the Service.
You Must be Over the Legal Age
To the extent prohibited by applicable law, the Service is not intended for and may not be used by (a) anyone under the age of eighteen or (b) anyone under the applicable age of majority according to the privacy and data protection laws and regulations in your jurisdiction. By using the Service, you represent and promise us that you are over the legal age and are the intended recipient of Customer’s invitation to the Service. You may not access or use the Service for any purpose if either of the representations in the preceding sentence is not true. You must also be old enough to work in your jurisdiction.
Free Service
The Service is currently free to use. At some point in the future, we may charge a fee for the Service.
Intellectual Property
We hereby grant you a revocable, limited, royalty-free right and license to use the Service for the purposes described in this Agreement and our documentation. The right and license that we grant you in this Agreement is personal to you (you cannot transfer it to another person), but you may exercise that right and license with any device that you own or have the legal right to use with the Service.
You hereby grant us a permanent, irrevocable, worldwide, royalty-free right and license to receive, store and use Your Data in the ways this Agreement and our documentation describe.
Acceptable and Responsible Use of the Service
When you submit Your Data to us, please be aware that we will see Your Data and that we may share it with third-party services that we use to operate the Service. Before we view Your Data or share it with these third parties, we do not attempt to remove or redact from Your Data any personally identifying data (“personal data”), trade secrets, sensitive information or other material that it may contain. For example, if your Document includes the name of a Customer or of any product offered by that Customer, we will view it and may share it with the third-party services that we use to operate the Service.
In light of these considerations, you agree not to:
• Use the Service for any activities that are illegal in any jurisdiction worldwide;
• Use the Service in any way that violates a legal obligation that you have to a Customer or to any other third party, or in any way that any other agreement between you and us prohibits;
• Use the Service to upload content that is defamatory, obscene, pornographic, vulgar or offensive;
• Use the Service to upload content that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
• Use the Service to harm or infringe the rights of us or any other company or person; or to introduce malicious software, viruses or other harmful materials to our systems;
• Attempt to reverse engineer, decompile, disassemble, emulate or access the source code for the Service or any component of it; or
• Permit any other party to access the Service except as these Terms permit.
DISCLAIMER OF WARRANTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICE, WHICH WE PROVIDE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, PROVIDED THAT THE DISCLAIMER IN THIS SENTENCE IS VALID ONLY TO THE EXTENT APPLICABLE LAW PERMITS.
LIMITATION OF LIABILITY
IN NO EVENT WILL YOU HAVE ANY LIABILITY TO US OR VICE VERSA FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THIS AGREEMENT IS TWO HUNDRED U.S. DOLLARS (USD $200) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
INDEMNIFICATION
YOU HEREBY IRREVOCABLY AGREE TO INDEMNIFY AND HOLD US HARMLESS (AS WELL AS EACH OF OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS) FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM A THIRD-PARTY CLAIM TO THE EXTENT THAT SUCH THIRD-PARTY CLAIM IS BASED ON YOUR USE OF ANY CONTENT OR MATERIALS THAT WE PROVIDE IN CONNECTION WITH THE SERVICE, YOUR BREACH OF THESE TERMS OF USE, OR YOUR NEGLIGENCE OR OTHER ACT OR OMISSION IN CONNECTION WITH USE OF THE SERVICE.
Survival
The sections titled “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification” and “Survival,” and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of this Agreement.
General Provisions
13.1. Email. Except as otherwise set forth herein, all notices under this Agreement will be sent by email, although we may instead choose to provide notice to you through the Service (e.g., a notification in your Service interface). Notices to us should be sent to [email protected], except for legal notices, which must be sent to [email protected]. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Service.
13.2. Privacy Policy. Please review our Privacy Policy at https://housestylecreator.com/privacy-policy for more information on how the Service receives and uses data relating to you.
13.3. Modifications. We may change this Agreement at any time. If we make a material change to this Agreement, we will give you reasonable notice before the change takes effect with respect to you, either by emailing the email address associated with your account, by posting a banner or announcement in the Service interface or by other means. Any material revisions to this Agreement will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Service after the effective date of any changes, that use will constitute your acceptance of the revised Agreement.
13.4. Waiver. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. No waiver under this Agreement will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
13.5. Severability. This Agreement will be enforced to the fullest extent permitted under applicable law. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect.
13.6. Assignment. You may not assign any of your rights or delegate your obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent (not to be unreasonably withheld). We may assign this Agreement in its entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
13.7. Governing Law; Venue; Fees. This Agreement and any disputes arising out of or related hereto, will be (a) governed exclusively by the state law of Delaware and the federal law of the United States, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods, and (b) resolved exclusively in the state or federal courts having jurisdiction in the State of Delaware (except to the extent that our Privacy Policy provides for jurisdiction in any other court worldwide), or if no such jurisdiction applies, then any other court in the United Kingdom having jurisdiction.
Each party hereby consents and submits to the exclusive jurisdiction of the courts described above. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
Entire Agreement
This Agreement, including any terms incorporated by reference into this Agreement, is the entire agreement between you and us and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in this Agreement and any other documents referenced in this Agreement, the conflicting provision of this Agreement will first prevail.
Contacting Us
Please contact us if you have any questions about this Agreement. You may contact us at:
Email: [email protected]
Address: 86-90 Paul Street, London, United Kingdom EC2A 4NE
https://support.housestylecreator.com