TERMS OF SERVICE

Last updated: December 14, 2023

Welcome to DartSide ! These Terms of Use apply to your use of DartSide Services. By using the Service, you agree that these terms will become a legally binding agreement between you and DartSide.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to DartSide.
When we say “Services”, we mean DartSide - Pattern Drafting (the ”App”, “Application”), https://dartside.app (the “website”), as well as any other related products and services, whether delivered within a web browser, desktop application, mobile application, or another format.
When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services.

We may update these Terms of Service (”Terms”) in the future. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

If you have any questions, you can contact us at [email protected].

1. Eligibility

You are responsible for maintaining the security of your account and keep your password confidential. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will not use the Services for any unauthorized purpose. You are responsible for all activity that occurs under your account, including content posted by and activity of any users in your account. Please read and agree to our Use restrictions.
You will not use the Services for any illegal purpose. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Children under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located) may not access or use the Service.
You represent and warrant that you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and you are not listed on any US government list of prohibited or restricted parties

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services solely for your personal, non-commercial use or internal business purpose. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

2. Apple Device and Application Terms

You can obtain our App only through the Apple App Store (an “App Distributor”). These terms of service are concluded between you and DartSide, and not with Apple. Apple is not responsible for the Application or the Content. Before to use our service, please read and agree to Apple’s standard EULA: License https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

You agree the following terms apply when you use the App :

The license granted to you for our App is a limited, non-exclusive, non-transferable license for your private, personal, non-commercial use.
You will only use the Application in connection with an Apple device that you own or control and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
We are responsible for providing any maintenance and support services. You acknowledge that the App Distributor Apple has no obligation whatsoever to furnish any maintenance and support services.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Distributor Apple. Apple, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App
You acknowledge and agree that DartSide, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application
You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
Both you and DartSide acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use
Both you and DartSide acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

3. Payment, Refunds and Plan Changes

The app provides free and paid services (”In-app purchase”). You can access the app for free and you can upgrade to a paid service. Before to purchase anything in the App, please read and agree to the Apple’s respective Terms and Conditions: https://www.apple.com/legal/internet-services/itunes/us/terms.html

Purchase: We use Paid Subscriptions through in-App Purchases to access the Paid Services via the App. You can purchase a monthly subscription . Go to DartSide > Settings > Upgrade to DartSide Premium. Confirm your purchase with your Apple ID. We are not a party to any In-App Purchase, including auto-renewable subscriptions.

Taxes: You are responsible for payment of all taxes, levies, or duties imposed by taxing authorities. Sales tax will be added to the price of purchases as deemed required by Apple. We are not a party to any In-App Purchase, including auto-renewable subscriptions.

Auto-Renewal for Subscription Services: Any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate, unless you opt out of auto-renewal.

Billing: You acknowledge and agree that all billing and transaction processes are handled by the App Store and are governed by Apple Media Services’ terms and conditions/EULA. If you have any payment related issues with In-App Purchases, then you need to contact Apple directly.

Refund Policy: All sales of products and services are final and non-refundable. Once you have purchased a product or service, you are not allowed to return it for a refund or exchange except in limited circumstances or when required by law.

4. Cancellation and Termination

Cancellation: You are solely responsible for properly canceling your account. To change or resign your Subscription Services at any time. Go to your Settings > Apple ID > Subscriptions. If you cancel a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires.

However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. You can continue to use our App for free without the paid services.

If you have a problem or suggestion, or need help canceling, you can contact us at [email protected].

Termination: You can delete your account at any time. Go to DartSide > Settings > Delete account. PLEASE CANCEL YOUR SUBSCRIPTION BEFORE DELETING YOUR DARTSIDE ACCOUNT. WE ARE NOT RESPONSIBLE IF YOU CONTINUE TO PAY FOR YOUR SUBSCRIPTION EVEN AFTER YOUR ACCOUNT HAS BEEN DELETED.

All of your content will be inaccessible from the Services immediately upon account termination. Within 30 days, all content will be permanently deleted from active systems and logs. All content will be permanently deleted from our backups upon request. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is canceled, please save your data before deleting your account definitively.

WE HAVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF OUR SERVICES FOR ANY REASON AT ANY TIME. EVEN IF THE MOST OF THE TIME WE REALLY DON’T NEED TO APPLY THIS CLAUSE, IT CAN HAPPEN THAT SOMEONE DOES SOMETHING NEFARIOUS. THERE ARE SOME THINGS WE STAUNCHLY STAND AGAINST AND THIS CLAUSE IS HOW WE EXERCISE THAT STANCE.

5. Uptime and modifications

Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis for business or personal use. We do not offer service-level agreements for most of our Services.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We have no obligation to update any information on our Services.

We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services (including without limitation, the availability of any feature, database, or content) with or without notice.
We may choose to change the prices of subscription for existing customers with or without notice. If we do, we will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

6. Copyright

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

DartSide owns all rights, titles, and interests in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or other code or visual design elements without express written permission from the Company.
You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please contact us at [email protected] to use logos and press media. We reserve the right to rescind any permissions if you violate these Terms.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.

User Content You represent and warrant that you own all rights, title, and interest in and to your User Content. You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.

We reserve the right at any time to limit the acces to your datas in these cases :

In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are not respecting our Use restrictions
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.

7. Security

We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted. To report a security incident or threat, please contact us at [email protected].

8. Privacy

When you use our Services, you entrust us with your data. We take that trust to heart. You agree that DartSide may process your data as described in our Privacy Policy : https://dartside.app/fr/p/confidentialite/

You agree to comply with all applicable laws relating to data privacy including but not limited to collection, processing, use, retention, disclosure and transfer of personal data in connection with your use of the service.

9. Governing law and dispute resolution

These Terms of Service shall be governed by and construed in accordance with the laws of France. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the regional courts of Gironde, France.

Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30)days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Bordeaux, France. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of France.

Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

10. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

11. Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

13. Contact us

If you have a question about any of these Terms, please contact us at [email protected].

DartSide
39 rue du Président Carnot
33500 LIBOURNE
FRANCE

[email protected].