Signaturize Limited is a company registered in England under company number 11520841, with its registered office at 83-85 Baker Street, Marylebone, London, W1U 6AG, with VAT number 317288293 and trading address at Cranmore House, Suite D, 611 Lisburn Road, Belfast, BT9 7GT (the “Company“).
By accessing or using the Services in any way, including browsing the Website or downloading or using the App, you agree to these Terms. You should therefore read the Terms carefully before using the Services. If you do not agree to these Terms, please do not use our Services.
Please review the Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration (where permissible) unless you opt-out within the specified time frame.
THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER AN OPPORTUNITY TO WIN REAL MONEY OR REAL-WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON ENGAGING WITH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO USE THE APP, EVEN THOUGH THE SERVICE MAY OFFER THE OPPORTUNITY TO SUBSCRIBE FOR PRO ACCESS, PURCHASE CERTAIN VIRTUAL ITEMS, AND PURCHASE REAL-WORD PRODUCTS.
1.Understanding these Terms
1.1 When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms“). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.2 In these Terms, when we refer to “we“, “us” or “our“, we mean the Company; and when we refer to “you” or “your” we mean you, the person accessing or using our Services. Please note:
1.2.1 if you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession, you are acting as a consumer; or
1.2.2 if you are acting for purposes relating to your trade, business, craft or profession, then you are acting in the course of a business.
1.3 Certain Services made available by us are governed by additional terms and conditions, including:
1.3.1 to download the App, you must also review and agree to the additional app terms set out in appendix 1 to these Terms and any other terms and conditions imposed by the app store from which you have downloaded the App;
1.3.2 your use of our Subscription Service is governed by these Terms and, where you download our App from the Apple App Store (iOS) or Google Play Store (Android) (each an “App Store Provider”), you will also be subject to their terms and conditions, and the terms set out in Appendix 1 of these Terms;
- Our Services
2.1 Our Website and App are made available free of charge. We do not guarantee that any of our Services, or any content on our Services, will always be available, uninterrupted, secure or error-free. Access to our Services is permitted on a temporary basis only. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason the Website and/or App is unavailable at any time or for any period. We may update the Website and App and/or change the content on such services at any time.
2.2 You are responsible for making and paying for all arrangements necessary for you to have access to the Services. Please note that the App requires a smartphone or other mobile device, and you will require internet access to access any part of our Services. You are responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms and that they comply with them. You accept responsibility in accordance with these Terms for the use of the Services on or in relation to any device that you use to access our Services, whether or not it is owned by you.
2.3 Through Subscriptions to Services or other means within the Services you may gain access to additional entitlements.
2.3.1 Entitlements are rights that Signaturize licenses to you to access or use the online or off-line elements of the Services. Examples of Entitlements include access to digital or unlockable Content; additional or enhanced functionality; subscriptions; virtual goods; unlock keys or codes, serial codes or online authentication; in-app accomplishments; and virtual points, coins, or currencies.
2.3.2 A Signaturize Entitlement has no monetary value and has no value outside of our products and services. Entitlements cannot be sold, traded, transferred, or exchanged for cash. An Entitlement is not returnable, exchangeable, or refundable.
2.3.3. The quantity and type and duration of availability of Virtual Goods associated with certain Entitlements may vary from time to time.
2.3.4 Some Entitlements for Virtual Goods may only have valid for a limited a time period.
2.4 Our Services and the content on such services are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
2.5 You acknowledge and accept that any products made available or viewed on our Services may not accurately represent the shapes, dimensions or texture of the suggested physical products. It is your responsibility to check and validate any such products before you make any purchasing decisions. We make no representations about the reliability, availability, timeliness or accuracy of any content which is made available to you as part of our Services.
Please see clause 7 below for more information about our liability to you in respect of any products featured or linked to as part of our Services.
- Account registration
3.1 Access to our Services on multiple devices will require you to register an account with us (an “Account”) either via the App. To register an Account, you must be at least 18 years old, however if law requires that you must be older for us to lawfully provide the Services to you without parental consent, then you must be the age specified under such law. You will need to provide us with certain information to register an Account (such as your name and e-mail address), create a password and then follow the instructions to activate the Account. You are responsible for maintaining the confidentiality of your Account details and password.
3.2 In order to maintain a quality of service for all users, we reserve the right to archive design projects for any Account that has 25 or more projects shared or saved to the Account.
3.3 If you are a consumer, you may only use our Website and/or App for your own domestic, private and non-commercial use. Any commercial use of our Services must be authorised by us in writing (which may be in the form of a “Business” Subscription).
4.1 In order to access enhanced features of our App or to use our Services for authorised commercial purposes, you must take out a subscription via the App (“Subscription”). A description of features associated with our Subscriptions is available via the Services.
4.2 You may only submit an order for a Subscription (“Order”) using the method set out in the App. Please check the Order carefully before confirming it. You are responsible for ensuring that your Order is complete and accurate.
4.3 After you place your Order, you will receive an email from the relevant App Store Provider confirming your Order at which point a Subscription Service contract will be formed and you shall be subject to the App Store Provider’s terms and conditions in addition to these Terms, as set out in Appendix 1. Please note that if you purchase a subscription through an App Store Provider, the sale is final, and we will not be able to provide a refund. Your purchase will be subject to the relevant App Store Provider’s applicable payment and refund policy.
4.4 The weekly or monthly charge for your Subscription (the “Charges”) shall be as set out in the Order. The Charges shall include the price of your subscription plus any applicable VAT. You agree to pay the Charges to us pursuant to your relevant App Store Provider’s terms and conditions.
4.5 We have the right to make changes to the Charges from time to time, subject to the relevant App Store Provider’s terms and conditions. Changes to the Charges will apply on the renewal of your Subscription provided that the changes have been communicated to you. If you do not agree with the changes to our Charges then you may choose not to renew your Subscription by following the instructions set out in clause 8.2 below.
- Acceptable use
5.1 You agree:
5.1.1 not to use any part of the Services in any way that breaches these Terms or any applicable local, national or international law or regulation;
5.1.2 not to copy, or otherwise reproduce or re-sell any part of the Services unless expressly permitted to do so in these Terms;
5.1.3 not to do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Services or any equipment, network or software used in operating any part of the Services;
5.1.4 not to use any part of the Services to develop or provide, directly or indirectly, any product or service that competes with our business;
5.1.5 not to use any part of the Services in any way which might infringe our Intellectual Property Rights or the rights of any third party, including third party IPRs (as such terms are defined in clause 6 below);
5.1.6 not to use any part of the Service for an unlawful or unauthorised purpose (which includes without limitation to transmit any material that is defamatory, offensive, abusive, malicious, or otherwise violates or infringes the rights of anyone else);
5.1.7 not to verbally, physically, in written form or otherwise abuse (including threats of abuse or retribution) any of our users, customers, employees, members, or officers;
5.1.8 not to use any part of the Service in any way that is contrary to our public image, goodwill or reputation;
5.1.9 not to use any part of the Services by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Services for use within a third-party website or application;
5.1.10 not to collect or harvest any information or data from any part of the Service or our systems or attempt to decipher any transmission to or from the servers running our Services;
5.1.11 not to modify, disassemble, decompile, reverse-engineer any software supplied as part of, or in connection with, the Services or create derivative works based on the whole or any part of the Services or its contents, or attempt to do any such thing;
5.1.12 not to: (a) test or develop any third-party integrations with the Service; (b) “frame” or “mirror” any part of the Service; nor (c) provide or otherwise make available any part of the Services (including object and source code) in any form to any person, in each case without our express prior written consent;
5.1.13 to comply with all technology control or export laws and regulations that apply to the technology used or supported by our Services;
5.1.14 to co-operate with us in all matters relating to the Services; and
5.1.15 shall provide us with such information and materials as we may reasonably require in order to provide the Services and ensure that such information is complete and accurate in all material respects.
User Generated Content
5.2 If it is the case that you supply/upload any content to the Website and/App or any other part of our Services – whether it be pictures, text, sound recordings or whatever – the content you supply (“User Generated Content”) must comply with the following rules:
5.2.1 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
5.2.2 it must not harass or bully another person;
5.2.3 it must be true and honest so far as you know;
5.2.4 it must not be defamatory of anyone;
5.2.5 it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
5.2.6 it must not contain someone else’s personal details or confidential information relating to other people; and
5.2.7 it must not promote or condone terrorism, violence or illegal behaviour.
5.3 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
5.3.1 In addition, we may from time to time provide interactive services on the Website and/or App that shall enable you to upload User Generated Content, including, without limitation:< 18.104.22.168 comment facilities; 22.214.171.124 chat rooms; and/or 126.96.36.199 bulletin boards, (together “Interactive Services“).
5.3.2 Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
5.3.3 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
5.4 We do not guarantee that our Services will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Services and we recommend that you use your own virus protection software.
5.5 You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which the Website and/or App is stored or any server, computer or database connected to the Website and/or App or any other part of our Services. You must not attack the Website and/or App or any other part of our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
- Intellectual property
6.1 In these Terms, the term “Intellectual Property Rights” means any and all present and future, patents, inventions, know-how, trade secrets and other confidential information, trademarks, service marks, logos, emblems, badges, mascots, insignia, identifying music and sounds, get-up, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, the sui generis rights of extraction relating to databases, design rights and other intellectual property rights of whatever nature, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world and “IPRs” shall have the same meaning.
6.2 Save as set out in clause 6.6 below, you agree that any and all Intellectual Property Rights and related goodwill:
6.2.1 arising anywhere and anyhow which vest in, derive from or are connected to the Services (including any and all related software, source code and technology);
6.2.2 in the “Signaturize” name and marks; and
6.2.3 arising anywhere and anyhow which vest in, derive from or are connected to the visualisation assets provided by us in the service (including but not limited to 3D models, images, and textures), and any other digital depictions of physical objects or spaces using the App or Website or otherwise provided in the provision of the Services,
(together, the “Signaturize IPRs“) shall in each case be owned exclusively by us.
6.3 We hereby grant you a limited, revocable, non-transferable, non-exclusive licence to use the Signaturize IPRs solely in connection with your use of the Services during the period of your Account in accordance with these Terms.
6.3.1 You agree that any and all Intellectual Property Rights and related goodwill arising anywhere and anyhow which vest in, derive from or are connected to any electronic designs of living spaces created using the Services (the “Project IPRs”) shall in each case by owned exclusively by us.
6.3.2 You agree that we may share Project IPR for marketing purposes and/or with other users uses of our Services.
6.3.3 You agree that any ideas, suggestions, or concepts provided by you to us for product improvement or enhancement are provided on a worldwide, perpetual, royalty-free basis. We may choose to implement or not implement any suggestion and, such suggestions will become our property, and trigger no obligation to compensate you.
Materials you upload
6.3.4 You shall retain ownership of any Intellectual Property Rights vesting in any materials you upload using the Services (the “Uploaded Material”). You hereby grant us an irrevocable, transferable, perpetual licence to use the Intellectual Property Rights in the Uploaded Materials for the purposes of providing the Services.
You warrant and represent that:
6.3.5 you own, or have a licence to use, all rights (including Intellectual Property Rights) in all Uploaded Materials; and
6.3.6 you shall comply with all applicable laws in relation to the exercise of your rights, and fulfilment of your obligations under these Terms.
6.3.7 We are not liable for, and take no responsibility for, any Uploaded Content made available as part of our Services.
6.3.8 Except for the rights and licence granted in these Terms, we reserve all other rights and grant no other rights or licences, implied or otherwise. We are entitled to use all Intellectual Property Rights owned by us for any purpose whatsoever.
6.3.9 Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit the Signaturize IPRs or the Project IPRs without our express prior written consent.
6.3.10 You are expressly prohibited from any use of data mining, robots or similar data gathering and extraction tools in your use of our Services.
6.4 No part of the Website or App, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent (unless you are expressly authorised to do so as part of our Subscription Service).
6.5 Any communications or materials you send to us through the Website and/or App by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your Order for our Subscription Service). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us.
7.1 Nothing in these Terms excludes or limits our liability for:
7.1.1 death or personal injury caused by our negligence;
7.1.2 fraud or fraudulent misrepresentation; and
7.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
7.2 The Website and the App and other parts of our Services may from time to time contain links to third party websites where you can purchase products. We may receive a small commission from our affiliated partners if you purchase any products using such links. You are responsible for deciding whether to access a third party website and your use of such third party websites will be governed by the terms of that third party website. We assume no responsibility for the content of websites linked to from our Services (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them or your purchase of any products from such third party sites.
7.3 The Website may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the content included on the Website.
If you are acting in the course of a business
7.4 If you are acting for purposes relating to your trade, business, craft or profession, then subject to clause 7.1:
7.4.1 in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise; and
7.4.2 our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.
7.5 You shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of these Terms.
If you are a consumer
7.6 If you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession then, save as set out in clause 7.1, the following sub-clauses shall apply.
7.6.1 Our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.
7.6.2 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
7.6.3 We only supply the Website to you for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Suspension and termination
Your rights to terminate
8.1 If you have a free Account with us, you may cancel your Account by contacting us using the details in clause 12 below. You may also choose to log out from your Account and delete our App from your device.
8.2 If you purchased a Subscription through the Apple App Store, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting ‘Manage App Subscriptions’ in your iTunes Account settings and selecting the subscription you wish to modify. If you purchased a Subscription through Google Play you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
8.3 You acknowledge that Signaturize is not required to provide a refund for any other reason, and that you will not receive money or other compensation for unused virtual items when an Account is closed, whether such closure was voluntary or involuntary, or whether you made a payment through applications stores or another platform.
Our rights to suspend/terminate
8.4 If you breach any of these Terms, we may immediately do any or all of the following (without limitation):
8.4.1 issue a warning to you;
8.4.2 temporarily or permanently withdraw your right to use any or all parts of our Services (including terminating your Subscription without refunding or compensating you);
8.4.3 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
8.4.4 take further legal action against you;
8.4.5 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so; and/or
8.4.6 suspend or terminate your Account.
8.5 We may suspend, terminate or cancel your Account at any time:
8.5.1 with immediate effect if we cannot provide the Services to you due to technical or operational reasons outside of our control; and/or
8.5.2 by giving you at least seven days’ notice in writing.
8.6 If we withdraw your right to use the Services, then:
8.6.1 all rights granted to you under these Terms shall cease;
8.6.2 you must immediately cease all activities authorised by these Terms; and
8.6.3 you must immediately delete or remove the App from any of your devices.
- Changes to these Terms
9.1 We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use our Services.
9.2 From time to time updates to the App may be issued through the relevant app store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms. The device requirements will be notified to you on the relevant app store from which you downloaded the App.
- Other important information
10.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
10.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.Governing law and jurisdiction
If you are acting in the course of a business
11.1 If you are acting in course of a business, then the following sub-clauses shall apply.
188.8.131.52 If your Country of Residence is the United States, these Terms, your use of the Service and our entire relationship, will be interpreted in accordance with and governed by the laws of England without regard to conflicts or choice-of-law principles. The agreement to arbitrate contained in this Section, its scope and its enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles.
184.108.40.206 If your Country of Residence is not the United States, these Terms shall be governed by English law.
220.127.116.11 If your Country of Residence is the United States, we and you agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought. Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Signaturize further agree that the arbitration will be held in Los Angeles, California, or, at your election, will be
conducted telephonically or via other remote electronic means. The AAA rules will govern payment of all arbitration fees.
18.104.22.168 If your Country of Residence is not in the United States, we and you agree that any dispute (contractual or non-contractual) arising out of or in connection with these Terms including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause 11.1.
22.214.171.124.1 The number of arbitrators shall be three.
126.96.36.199.2 The seat, or legal place, or arbitration shall be London.
188.8.131.52.3 The language to be used in the arbitral proceedings shall be English.
11.1.3 Nothing in this clause 11.1 shall restrict either Party’s right to seek equitable relief anywhere in the world for breach of that party’s Intellectual Property Rights.
11.1.4 Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Signaturize will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
11.1.5 Arbitration Shall Proceed Individually. Regardless of your Country of Residence or the rules of a given arbitration forum, you and Signaturize agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Signaturize may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing (and as an illustrative but not exhaustive example), a claim to resolve any Dispute against Signaturize will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
If you are a consumer
11.2 If you are acting as a consumer then the following sub-clauses shall apply.
184.108.40.206 If your Country of Residence is the United States, these Terms, your use of the Service and our entire relationship, will be interpreted in accordance with and governed by the laws of England and Wales without regard to conflicts or choice-of-law principles.
220.127.116.11 If your Country of Residence is not the United States, these Terms are governed by the laws of England and Wales. This means that your access to and use of any of the Services, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by the laws of England and Wales.
11.2.2 You may bring any dispute which may arise under these Terms to – at your discretion – either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court – competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State, or otherwise the competent court of England.
11.2.3 If you are resident in the European Union and we direct this Website to the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 11.2.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
11.3 Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR SIGNATURIZE SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE, ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF THIS SUBSECTION 11.3 IS FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SUBSECTION 11.3 MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY’S ELECTION.
11.4 You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree Signaturize cannot be held liable if laws applicable to you restrict or prohibit your participation. Signaturize makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with Signaturize have authority to make any such representations or warranties. Signaturize reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.
You can contact us by clicking here or by using the following details:
Address: 83-85 Baker St, Marylebone, London W1U 6AG
Email address: email@example.com
Telephone number: +44 (0) 20 3051 2775
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any reoccurrence in the future.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Signaturize, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Signaturize Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to: (a) your access to or use of our Services; (b) your User Generated Content or Interactive Services; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You will promptly notify the indemnified Signaturize Parties of any Claim, cooperate with the indemnified Signaturize Parties in defending the Claim and pay all fees, costs and expenses associated with defending the Claim (including, but not limited to, attorneys’ fees). The indemnified Signaturize Parties will have right to retain sole control of the defense or settlement of any Claim (at your expense). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Signaturize or the other Signaturize Parties.
(a) We do not control, endorse or take responsibility for any User Generated Content or Third-Party Content available on or linked to by our Services.
(b) Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Signaturize does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Signaturize attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
To the fullest extent permitted by applicable law, you release Signaturize Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542, which states that: “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You also expressly waive any rights you may have under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Terms last updated September 2023
Additional App Terms
The following terms and conditions shall apply to your use of the App in addition to those set out in these Terms.
When you download our App from the Apple App store, your use of Apple’s services through which you can buy, get, license, rent or subscribe to content, apps and other in-app services are governed by Apple’s terms available here.
When you download our App from the Google Play Store, your use of Google’s services through which you can buy, get, license, subscribe to and cancel content, apps and other in-app services are governed by Google’s terms available here.
For the purpose of this Appendix 1, “Appstore Provider” means either Google or Apple or any other provider of an app store through which you have downloaded the App.
- You acknowledge and agree that these Terms have been concluded between you and us, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the App and its content.
- You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the App. Should you have any problems in using the App, please contact us as set out in clause 12 above.
- In the event that the App does not conform with any product warranty provided for by these Terms, the Appstore Provider may provide you with a refund of the price that you paid to purchase the App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the App.
- You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the App, including (without limitation): product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
- In the event that a third party claims that the App infringes its intellectual property rights, we (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.
- You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to any terms relating to your use of the App. Upon your acceptance of these Terms, Apple will have the right to enforce any terms applicable to your use of the App against you as a third party beneficiary.