Terms of Service
These User Terms of Service (the “User Terms”) govern your access
and use of our online platform (the “Services”). Please read them carefully.
Even if you are signing onto an existing project, these User Terms apply to you.
These User Terms are a legally binding contract between you and us.
As part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy,
which is incorporated by reference into these User Terms. If you access or use the Services,
or continue accessing or using the Services after being notified of a change to the User Terms or the Acceptable Use Policy,
you confirm that you have read, understand and agree to be bound by the User Terms and the Acceptable Use Policy.
“We”, “our” and “us” currently refers to DesignTbl Technologies, Inc.
- You Must be Over the Age of 13
The Services are not intended for and should not be used by anyone under the age of thirteen.
You represent that you are over the age of 13 and are the intended recipient of
invitation to the Services. You may not access or use the Services for any purpose if either of the
representations in the preceding sentence is not true.
- While You Are Here, You Must Follow the Rules
To help ensure a safe usage environment, all Authorized Users must comply with our
Acceptable Use Policy and remain vigilant in reporting inappropriate behavior
or content to us.
- These User Terms remain effective until your account terminates
Please contact us if you at any time or for any reason wish to terminate your account,
including due to a disagreement with any updates to these User Terms or the Acceptable Use Policy.
Limitation of Liability
If we believe that there is a violation of the User Terms, the Acceptable Use Policy,
or any of our other policies, or we believe there is a credible risk of harm to us,
the Services, Users, or any third parties, we may directly step in and take what we determine to be appropriate action (including disabling your account).
IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER 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.
The sections titled “Limitation of Liability”, and “Survival”, and all of the provisions
under the general heading “General Provisions” will survive any termination or expiration
of the User Terms.
Except as otherwise set forth herein, all notices under the User Terms will be by email.
Notices to us should be sent to firstname.lastname@example.org. A notice will be deemed to have been duly given
the day after it is sent. Notices under the Contract will be delivered
solely to User in accordance with the terms of that agreement.
As our business evolves, we may change these User Terms or the Acceptable Use Policy.
If we make a material change to the User Terms or the Acceptable Use Policy, we will provide you with
reasonable notice prior to the change taking effect by emailing the email address associated with your
account. You can review the most current version of the User Terms
at any time by visiting this page.
Any material revisions to these User Terms 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 Services after the effective date of any changes, that use will constitute your
acceptance of the revised terms and conditions.
No failure or delay by either party in exercising any right under the User Terms,
including the Acceptable Use Policy, will constitute a waiver of that right.
No waiver under the User Terms will be effective unless made in writing and signed by an
authorized representative of the party being deemed to have granted the waiver.
The User Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted
under applicable law. If any provision of the User Terms 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 the User Terms will remain in effect.
You may not assign any of your rights or delegate your obligations under these User Terms,
including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior
written consent of us (not to be unreasonably withheld). We may assign these User Terms in their
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.
The Contract, and any disputes arising out of or related hereto, will be governed exclusively by the
internal laws of the State of Oregon, without regard to its conflicts of laws rules or the
United Nations Convention on the International Sale of Goods.
Venue; Waiver of Jury Trial; Fees
The state and federal courts located in Multnomah, Oregon will have
exclusive jurisdiction to adjudicate any dispute arising out of or relating to these User Terms,
including the Acceptable Use Policy, or their formation as a contract between us or their enforcement.
Each party hereby consents and submits to the exclusive jurisdiction of such courts.
Each party also hereby waives any right to jury trial in connection with any action or litigation
in any way arising out of or related to the User Terms. In any action or proceeding to enforce rights
under the User Terms, the prevailing party will be entitled to
recover its reasonable costs and attorney’s fees.
The User Terms, including any terms incorporated by reference into the User Terms,
constitute the entire agreement between you and us and supersede 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 these User Terms and any pages referenced in these User Terms,
the terms of these User Terms will first prevail; provided, however, that if there is a conflict
or inconsistency between the Contract and the User Terms, the terms of the Contract will first prevail,
followed by the provisions in these User Terms, and then followed by the pages referenced
Acceptable Use Policy
This Acceptable Use Policy sets out a list of acceptable and unacceptable conduct for our
Services. If we believe a violation of the policy is deliberate, repeated or presents a credible
risk of harm to other users, the Services or any third parties, we may suspend or terminate
your access. This policy may change as we grows and evolves, so please check back regularly for updates
and changes. Capitalized terms used below but not defined in this policy have the meaning set forth in the
User Terms of Service.
comply with all User Terms of Service, including the terms of this Acceptable Use Policy;
- comply with all applicable laws and governmental regulations, including, but not limited to,
all intellectual property, data, privacy, and export control laws, and regulations promulgated
by any government agencies, including, but not limited to, the U.S. Securities and Exchange Commission,
and any rules of any national and other securities exchanges;
upload and disseminate only User Data to which User owns all required rights under law and
under contractual and fiduciary relationships (such as proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements) and do so only consistent
with applicable law;
use commercially reasonable efforts to prevent unauthorized access to or use of the Services;
keep passwords and all other login information confidential;
monitor and control all activity conducted through your account in connection with the Services;
promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your accounts or teams,
including any loss, theft, or unauthorized disclosure or use of a username, password, or account;
comply in all respects with all applicable terms of any third party applications;
permit any third party that is not an Authorized User to access or use a username or password for the Services;
share, transfer or otherwise provide access to an account designated for you to another person;
use the Services to store or transmit any User Data that may infringe upon or misappropriate
someone else's trademark, copyright, or other intellectual property, or that may be tortious or unlawful;
upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus,
Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information
stored within the Services or on the hardware of DesignTbl or any third party;
attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate,
or disrupt the features, functionality, integrity, or performance of the Services
(including any mechanism used to restrict or control the functionality of the Services),
any third party use of the Services, or any third party data contained therein
(except to the extent such restrictions are prohibited by applicable law);
attempt to gain unauthorized access to the Services or related systems or networks or to
defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection
or monitoring mechanisms of the Services;
access the Services in order to build a similar or competitive product or service or copy any ideas,
features, functions, or graphics of the Services;
use the Services in any manner that may harm minors or that interacts with or targets people under the age of thirteen;
impersonate any person or entity, including, but not limited to, an employee of ours, or Authorized User, or
falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the United States government as a
foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act
or other laws and regulations concerning national security, defense or terrorism;
access, search, or create accounts for the Services by any means other than our publicly
supported interfaces (for example, "scraping" or creating accounts in bulk);
send unsolicited communications, promotions or advertisements, or spam;
send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
sublicense, resell, time share or similarly exploit the Services;
use contact or other user information obtained from the Services (including email addresses) to contact Authorized Users outside of the Services without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for Authorized Users for use outside of the Services; or
authorize, permit, enable, induce or encourage any third party to do any of the above.
how we use it, and what choices you have.
Information we collect and receive
Account creation information. Users may provide information such as an email address,
and password to create an account.
Project and View setup information. When a User creates a project using the Services, we may collect an email address,
a project name, project photos, conversation name, and comments.
Billing and other information. For Users that purchase a paid version of the Services,
our corporate affiliates and our third party payment processors may collect and store
billing address and credit card information on our behalf or we may do this ourselves.
Services usage information. This is information about how you are accessing and using the Services,
which may include administrative and support communications with us and information about the projects,
views, conversation thread, features, content, and links you interact with, and what third party products you search for you.
Log data. When you use the Services our servers automatically record information, including information that your browser
sends whenever you visit a website or your mobile app sends when you are using it.
This log data may include your Internet Protocol address, the address of the web page you visited before
using the Services, your browser type and settings, the date and time of your use of the Services,
information about your browser configuration and plug-ins, language preferences, and cookie data.
Device information. We may collect information about the device you are using the Services on,
including what type of device it is, what operating system you are using, device settings, application IDs,
unique device identifiers, and crash data. Whether we collect some or all of this information often
depends on what type of device you are using and its settings.
Geo-location information. WiFi and IP addresses received from your browser or device may be used to
determine approximate location.
- Third party data. We may also receive information from affiliates in our corporate group,
our partners, or others that we use to make our own information better or more useful.
This might be aggregate level information, such as which IP addresses go with which zip codes,
or it might be more specific information, such as about how well an online marketing
or email campaign performed.
How we use your information
We use your information to provide and improve the Services.
To understand and improve our Services. We carry out research and analyze trends to better understand
how users are using the Services and improve them.
To communicate with you by: a)Responding to your requests. If you contact us with a problem or question,
we will use your information to respond.
b)Sending emails. We may send you Service and administrative emails and messages.
We may also contact you to inform you about changes in our Services, our Service offerings, and important
Service related notices, such as security and fraud notices. These emails are considered part
of the Services and you may not opt-out of them. In addition, we sometimes send emails about new product
features or other news. You can opt out of these at any time.
Billing and account management. We use account data to administer accounts and keep track of billing and payments.
Communicating with you and marketing. We often need to contact you for account management and similar reasons.
We may also use your contact information for our own marketing or advertising purposes.
This policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified
so it is no longer associated with an identifiable user or User of the Services.
Sharing and Disclosure
- User Data
We may share User Data in accordance with our agreement with the User, including:
With third party service providers and agents.
We may engage third party companies or individuals to process User Data.
With affiliates. We may engage affiliates in our corporate group to process User Data.
- Other information
We may share other information as follows:
With third party service providers and agents. We may engage third party companies or individuals,
such as third party payment processors, to process information on our behalf.
With affiliates. We may engage affiliates in our corporate group to process other information.
- Other types of disclosure
We may share or disclose User Data and other information as follows:
During changes to our business structure. If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization,
sale of some or all of DesignTbl's assets, financing, acquisition of all or a portion of our business,
a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).
To comply with laws. To comply with legal or regulatory requirements and to respond to lawful requests, court orders and legal process.
To enforce our rights, prevent fraud and for safety.
To protect and defend the rights, property, or safety of us or third parties,
including enforcing contracts or policies, or in connection with investigating and preventing fraud.
We may disclose or use aggregate or de-identified information for any purpose.
We take security seriously. We take various steps to protect information you provide to us from loss, misuse, and unauthorized access or disclosure.
These steps take into account the sensitivity of the information we collect, process and store,
and the current state of technology.
Our Services are not directed to children under 13. If you learn that a child under 13 has
provided us with personal information without consent, please contact us.
We may change this policy from time to time, and if we do we will post any changes on this page.
If you continue to use the Services after those changes are in effect, you agree to the revised policy.
Please also feel free to contact us if you have any questions about our User Terms of Service. You may contact us at email@example.com or at our mailing address below:
3018 NE 28th Av
Portland, OR 97212