Terms & Conditions
Welcome
Thank you for using Design Machines! By accessing or using our software and services, you agree to these terms. Please read them carefully. If you do not agree, do not use our services.
1. Agreement Overview
This Agreement governs your use of Design Machines' software and services. Additional documents such as the Data Processing Agreement(DPA) , Acceptable Use Policy, and your order (Order) are part of this Agreement.
2. Key Definitions
- Software: Design Machines’ tools and platforms, including any associated documentation or updates.
- Services: Additional offerings such as implementation, support, and customization.
- Your Content: Any data or materials you upload to our platform.
- Order: The agreement specifying the software or services you’ve purchased.
3. Using Our Software and Services
- Access: We grant you a non-exclusive, non-transferable, time limited license to use our software and services as described in your Order.
- Restrictions: You must not reverse-engineer, resell, or misuse our software and services.
- Third-Party Tools: If you integrate third-party tools with our services, you are responsible for ensuring they comply with relevant laws and agreements.
4. Your Responsibilities
- Ensure that your use of our services complies with all applicable laws.
- Protect your login credentials and notify us immediately if there is unauthorized access.
- Back up your content; we are not responsible for data loss unless explicitly agreed.
5. Data Privacy
We comply with applicable data protection laws. If we process personal data on your behalf, our Data Processing Agreement(DPA) applies. For more details, see our Privacy Policy.
6. Payment Terms
- You agree to pay all fees as outlined in your Order.
- Payments are due within 30 days of the invoice date unless otherwise specified.
- Taxes, duties, or levies are your responsibility.
7. Updates and Changes
We may update our software and services to improve functionality or comply with legal requirements. If a major change affects your use, we’ll notify you and may provide a refund if you choose to cancel.
8. Limited Warranty and Liability
- Our software and services are provided "as is." We do not guarantee they will be error-free or meet all your needs.
- We are not liable for indirect, incidental, or consequential damages.
- Our total liability is limited to the fees you’ve paid in the past 12 months.
9. Intellectual Property
- We own all rights to our software and services.
- You retain ownership of your content.
- Feedback provided by you may be used by us to improve our offerings without compensation.
10. Termination
- You may terminate your agreement by canceling your subscription.
- We may terminate your access if you breach these terms or violate applicable laws.
11. Confidentiality
Both parties agree to keep confidential information secure and use it only as permitted under this agreement.
12. Export and Compliance
You agree to comply with all export control and sanctions laws.
13. Governing Law and Disputes
This Agreement is governed by the laws of the State of Illinois. Any disputes will be resolved through arbitration in Chicago, Illinois, under the rules of the American Arbitration Association (AAA).
14. Notices
We may send notices to your registered email or post them on your account. Ensure your contact details are up to date.
15. Entire Agreement
This Agreement, including related documents like your Order, Acceptable Use Policy and the DPA , constitutes the full agreement between us.