Terms of Service
Introduction:
Effective Date: January 1, 2024
Welcome to DrawAutomation!
These Terms of Service ("Terms") govern your use of the drawing automation plugins and software provided by DrawAutomation ("we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our services.
Please read these Terms carefully before using any of our drawing automation plugins or software. If you have any questions or concerns about these Terms, please contact us at info@drawautomation.com.
User Responsibilities:
1. Compliance with Terms of Service:
Users should read, understand, and comply with the terms and conditions outlined in the Terms of Service provided by the SaaS provider.
2. User Account Security:
Users are responsible for maintaining the security of their account credentials, including usernames and passwords. They should not share their login information with others and should promptly notify the SaaS provider of any unauthorized access or security breaches.
3. Authorized Use:
Users should only use the SaaS product for its intended and lawful purposes. Any unauthorized use, including attempts to gain unauthorized access or manipulate the system, is strictly prohibited.
4. Accurate Information:
Users are responsible for providing accurate and up-to-date information when creating and maintaining their accounts. This includes personal details, contact information, and any other required data.
5. Data Ownership and Privacy:
Users should understand the ownership of the data they input into the SaaS platform. They are responsible for ensuring compliance with data protection laws and privacy regulations when handling sensitive or personal information.
6. Compliance with Laws and Regulations:
Users must comply with all applicable laws and regulations related to their use of the SaaS product. This includes but is not limited to data protection laws, intellectual property laws, and export control regulations.
7. Prohibited Activities:
Users should refrain from engaging in any activities that may harm the SaaS provider's infrastructure, disrupt the service, or violate the rights of other users. Prohibited activities may include hacking, spamming, or any form of abusive behavior.
8. Feedback and Communication:
Users are encouraged to provide constructive feedback to the SaaS provider to improve the product. They should also adhere to any communication guidelines established by the provider for support or community forums.
9. Payment and Subscription Obligations:
If applicable, users are responsible for fulfilling payment obligations in a timely manner according to the terms of their subscription or payment plan.
10. Software Updates:
Users should stay informed about software updates and, if necessary, update their applications to the latest version to access new features, improvements, and security patches.
License and Usage:
Grant of License
Subject to the terms and conditions, DrawAutomation ("Licensor") grants you ("Licensee") a non-exclusive, non-transferable, revocable license to use the Software for personal or commercial use to automate your drawing process for during the term of this Agreement.
Usage Restrictions
To ensure a fair and secure environment, Licensee agrees to the following restrictions:
1. No Redistribution: Licensee shall not reproduce, distribute, or redistribute the Software, in whole or in part, to any third party without the express written consent of Licensor.
2. No Modification: Licensee shall not modify, adapt, or create derivative works based on the Software. Any customization or modification requires prior written approval from Licensor.
3. No Reverse Engineering: Licensee shall not reverse engineer, decompile, disassemble, or attempt to discover the source code of the Software.
4. No Unauthorized Access: Licensee shall not attempt to gain unauthorized access to the Software or its related systems.
5. No Unlawful Use: Licensee shall not use the Software for any unlawful purpose, and shall comply with all applicable laws and regulations.
6. No Sublicensing: Licensee shall not sublicense, lease, rent, or lend the Software to any third party.
7. No Transfer of License: Licensee shall not transfer, assign, or sublicense the license granted herein without the prior written consent of Licensor.
Ownership and Intellectual Property
Licensor retains all rights, title, and interest in and to the Software, including all intellectual property rights. This Agreement does not transfer any ownership rights to Licensee.
Payment Terms:
Pricing
1. Free Demo: We offer free demo versions of our software with limited functionality.
2. Free Trial Period: We offer special 1 month trial periods of our software, where users can experience the full version of our software for free.
3. Subscription Plans: We offer various subscription plans with different features and pricing. The details of each plan, including features, pricing, and any limitations, are available on our website.
Payment
1. Billing Cycles: Customers can choose between monthly or annual billing.
2. Payment Methods: Payments can be made using MasterCard or Visa. We use a third-party payment processor to ensure the security of your payment information.
3. Automatic Renewal: Subscriptions are set to automatically renew at the end of each billing cycle. You will be notified before the renewal date, and you can manage your subscription settings in your account.
Trial and Refund Policy
1. Free Trial: If you opt for a free trial, your account may be automatically converted to a paid subscription at the end of the trial period, unless you cancel before the trial expires.
2. Refund Policy: We may offer a refund within 30 days of the initial purchase, subject to our discretion and the terms of our refund policy.
Changes to Pricing
We reserve the right to modify our pricing, subscription plans, and billing cycles. Any changes will be communicated to you in advance, and you will have the option to accept the changes or cancel your subscription.
Taxes
All fees are exclusive of any applicable taxes. You are responsible for paying any taxes, duties, or other governmental charges associated with your subscription.
Termination:
Termination by User
1. Voluntary Termination: Users may terminate their account at any time by following the instructions on our platform or by contacting our support team.
Termination by DrawAutomation
1. Breach of Terms: We reserve the right to terminate your account if you breach any terms or conditions of this agreement. Such breaches may include, but are not limited to, violations of acceptable use, intellectual property infringement, or non-payment.
2. Violation of Laws: We may terminate your account if you engage in activities that violate any applicable laws or regulations.
2. Inactivity: We may terminate your account due to prolonged inactivity, as determined at our discretion.
Consequences of Termination
1. Loss of Access: Upon termination, you will lose access to our Software’s and any associated data, settings, or content within your account.
2. Outstanding Payments: Termination does not relieve you of your obligation to pay any outstanding fees or charges.
3. Data Deletion: We may delete your data from our systems upon termination, and we are not obligated to provide a copy of your data post-termination.
4. Intellectual Property Rights: Termination does not affect our rights in any content you have submitted to our platform. All intellectual property rights granted by you to us during the use of our Software’s will survive termination.
Changes and Updates
We reserve the right to modify, suspend, or discontinue our Software’s, or any part of it, at any time without notice. We may also terminate or suspend your access to the Software’s for any reason, including breach of these terms.
Intellectual Property:
Ownership of Intellectual Property
1. Ownership by DrawAutomation: All rights, title, and interest in and to the Software’s we offer, including but not limited to the software, technology, design, and content, are and will remain the exclusive property of DrawAutomation.
2. Copyright and Trademarks: All of our Software’s and their contents are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use, reproduction, or distribution of our Software’s or their components is strictly prohibited.
3. Third-Party Intellectual Property: DrawAutomation respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed upon, please contact us at info@drawautomation.com.
User-Generated Content
1. License to DrawAutomation: By using our Software’s, you grant DrawAutomation a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform the user-generated content you submit to the platform. This license is solely for the purpose of operating, promoting, and improving the Software’s.
2. Responsibility for User-Generated Content: You are solely responsible for the user-generated content you submit to our platform. You represent and warrant that you have all necessary rights to grant the license above and that your content does not violate any third-party rights or applicable laws.
3. No Endorsement: DrawAutomation does not endorse any user-generated content or any opinion, recommendation, or advice expressed therein. We disclaim all liability for any user-generated content.
Feedback and Suggestions
We appreciate your feedback and suggestions to improve our Software’s. Please note that any feedback or suggestions you provide are voluntary, and DrawAutomation may use them without any obligation to compensate you.
Limitation of Liability:
Limitation of Liability
1. No Consequential Damages: In no event shall DrawAutomation or its affiliates be liable for any consequential, indirect, special, or incidental damages, including but not limited to loss of profits, data, or business interruption, arising out of or in connection with the use or inability to use our Software’s.
2. No Liability for Third-Party Actions: DrawAutomation disclaims any liability for the actions, content, or conduct of third parties using our Software’s. We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or services.
3. Maximum Liability: The total liability of DrawAutomation and its affiliates for any claim arising out of or in connection with the use of our Software’s shall not exceed the amount paid by you, if any, for accessing our services during the twelve months preceding the event giving rise to the claim.
Disclaimers of Warranties
1. As-Is Basis: Our Software’s are provided "as is" and "as available" without any representations or warranties of any kind, whether express or implied. DrawAutomation makes no warranties regarding the accuracy, completeness, or reliability of our Software’s.
2. No Warranty of Fitness for a Particular Purpose: DrawAutomation does not warrant that our Software’s platform will meet your specific requirements or that it will be error-free, uninterrupted, secure, or free of viruses or other harmful components.
3. User Responsibility: Users are solely responsible for the selection and use of our Software’s and their compatibility with their systems and data.
Indemnification
You agree to indemnify and hold DrawAutomation and its affiliates harmless from any claims, losses, damages, liabilities, costs, and expenses arising out of your use of our Software’s or your violation of these terms.
Dispute Resolution:
Informal Resolution
1. Good Faith Negotiations: In the event of any dispute or disagreement between you and DrawAutomation, both parties agree to engage in good faith negotiations to resolve the matter amicably.
2. Notice of Dispute: If a dispute arises, you agree to first provide written notice to DrawAutomation at info@drawautomation.com. The notice should include a detailed description of the dispute and your proposed resolution.
Formal Resolution
1. Mediation: Our Software’s are provided "as is" and "as available" without any representations or warranties of any kind, whether express or implied. DrawAutomation makes no warranties regarding the accuracy, completeness, or reliability of our Software’s.
2. Arbitration: If mediation is unsuccessful, any remaining dispute or controversy shall be settled by binding arbitration in accordance with the Arbitration Rules of the Ljubljana Arbitration Centre. The arbitration shall be conducted in Dimičeva ulica 13, 1000 Ljubljana, Ljubljana, Slovenia and conducted in the English language.
Governing Law:
Governing Law
1. Applicable Law: This Agreement and any disputes arising under or in connection with it shall be governed by and construed in accordance with the laws of Slovenia.
2. Jurisdiction: Any legal actions or proceedings arising out of or relating to this Agreement may be brought in the courts of Slovenia, and you consent to the exclusive jurisdiction of such courts.
Exceptions
1. Small Claims: Notwithstanding the foregoing, either party may bring an individual action in a small claims court, if applicable.
2. Injunctive Relief: Nothing in this dispute resolution clause shall prevent either party from seeking injunctive relief in a court of competent jurisdiction.
International Users
If you access or use our Software’s from outside Slovenia, you are responsible for compliance with local laws. DrawAutomation makes no representation that the content on our platform is appropriate or available for use in other locations, and access from territories where the content is illegal is prohibited.
Changes to Terms:
We reserve the right to update, change, or replace any part of these Terms at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of our services following the posting of any changes constitutes acceptance of those changes.
Thank you for choosing DrawAutomation! We hope you enjoy using our drawing automation plugins and software.
DrawAutomation info@drawautomation.com