These Terms of Use govern your (the “User”, or “you”) access to and use of the website, mobile applications and related services operated by Design With Friends Ltd., a company incorporated under the laws of the State of Israel, with its registered office at He-Kharish St 7, Emek Hefer Industrial Park, Israel 3877701 (the "Company", "we", "us" or "our").
In these Terms:
“Site” means www.designwithfriends.com, including any subdomains, webpages, landing pages, or other online platforms owned or operated by the Company;
“App” means the Design With Friends mobile application for iOS and for Android, in each case including any updates, upgrades and new versions of it that we make available;
“Platform” means the Site and the App, together and each of them separately;
“App Store” means the Apple App Store or Google Play, as applicable, and “App Store Provider” means Apple Inc. or Google LLC, as applicable;
“Content” means the visual design tools, images, 3D items, renderings, room and space layouts, furniture and décor assets, structural base options, user-generated designs, text, graphics, illustrations, animations, videos, logos, button icons, data compilations, links and other materials made available on or through the Platform, as well as the “look and feel” of the Platform and information concerning the Company and its services;
“Services” means the services, features and functionality offered by the Company through the Platform, including the design tools, the AI-powered features and any marketplace or community features; and
“Results” means the designs, visualizations, renderings and other outputs created through the use of the Services; and
“User Content” means, collectively, your User Materials, your Results, your Public Profile (as defined below), and any comments, ratings, likes, reactions and other content, materials or information that you submit, post, publish or otherwise make available on or through the Platform.
References in these Terms to “the Platform, Content and/or Services” are to each of them separately and to all of them together. These Terms apply equally to your use of the Site and your use of the App, except where a provision is expressly stated to apply only to one of them.
1. Acceptance of the Terms
Your access to and use of the Platform, Content and/or Services is expressly conditioned on your compliance with these Terms. By entering, connecting to, downloading, installing, accessing and/or using the Platform, Content and/or Services, you acknowledge that you have read and understood, and agree to be bound by, these Terms, including the terms of our Privacy Policy (collectively, the “Terms”).
The Platform is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization, as applicable) and to form a binding agreement under any applicable law. The Company does not knowingly collect personal information from, or permit the use of the Platform by, any individual under the age of eighteen (18). If we become aware that an individual under eighteen (18) has created an Account, we will terminate that Account and delete the associated personal information. If you are using the Services on behalf of an organization, you hereby represent that you possess the legal authority to enter into these Terms on your and your organization's behalf and to form a binding agreement under any applicable law, to use the Platform in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Platform shall oblige your organization.
IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT POSSESS THE LEGAL CAPACITY TO ENTER INTO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, DOWNLOAD, INSTALL, ACCESS OR USE THE PLATFORM IN ANY MANNER.
2. Modification to the Terms
You acknowledge and agree that the Company may revise these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Platform and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Platform or sent to you via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Update” date and by continuing to access or use the Platform, Content and/or Services on or after the Last Update date, you accept and agree to be bound by those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
3. Privacy Policy
We respect your privacy and are committed to protecting the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Platform. Our policy and practices and the type of information collected via the Platform are described in detail in our Privacy Policy, which is incorporated herein by reference. You agree that the Company may use personal information that you provide or make available to the Company in accordance with the Privacy Policy.
IF YOU INTEND TO ACCESS OR USE THE PLATFORM, YOU MUST FIRST READ AND AGREE TO OUR PRIVACY POLICY.
4. The Platform and the Services
The Platform offers an online interior design and space planning service that allows Users to design, customize and manage rooms and other spaces using a library of visual assets (including images of furniture and structural elements such as doors, flooring and similar design features). The Platform may also offer features that allow Users to upload User Materials (as defined below) and obtain visualizations and insights with respect thereto. In addition, Users may visualize a design and transform it into a more realistic image, rendering or video.
The Results created through use of the Services may be exported by Users. Please note that the Platform incorporates AI-powered features that allow Users to generate the Results, as further detailed in the “Use of AI Tools” section below.
Certain services and features may be available free of charge, while others may require payment, whether by real currency or through the use of in-platform credits, coins and/or gems, as presented on the Platform from time to time. Such credits, coins and/or gems may be granted or made available in certain cases as described on the Platform (including, for example, upon creating an Account, by completing challenges and/or by participating in games made available on the Platform).
The Platform may display the Results created by its Users, and access to another User's Results may be subject to payment, as displayed on the Platform from time to time.
The Platform also offers community features, including a public feed in which Results published by Users are displayed alongside the publishing User's display name and profile picture, and in which Users may like, rate and comment on one another's Results. Designs are composed using the items available in our editor.
WHEN YOU USE THE “MAKE IT REAL” FEATURE TO RENDER A DESIGN REALISTICALLY, THE RENDERED RESULT IS AUTOMATICALLY PUBLISHED TO THE PUBLIC FEED, TOGETHER WITH YOUR DISPLAY NAME AND PROFILE PICTURE. THERE IS NO SEPARATE PUBLISHING STEP. DESIGNS THAT YOU BUILD IN THE EDITOR BUT DO NOT RENDER ARE NOT PUBLISHED. IF YOU DO NOT WANT A RENDERED DESIGN TO BE PUBLIC, DELETE IT.
In addition, certain images, catalog items or design elements displayed on the Platform may link to third-party websites for the potential purchase of such items. In certain cases, when selecting an item, Users may be able to view additional information regarding the item, including, where applicable, a link to the relevant third-party website or product page. You acknowledge that the Company is not the seller of any such third-party item, that any purchase is made directly between you and the relevant third party under that third party's own terms, and that the Company may receive a commission, referral fee or other compensation in connection with purchases made through such links.
ALL RIGHTS IN AND TO THE PLATFORM, THE SERVICES AND/OR THE CONTENT ARE RESERVED TO THE COMPANY OR ITS LICENSORS.
TO THE EXTENT LEGALLY PERMISSIBLE, THE PLATFORM, THE SERVICES, THE RESULTS AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. SUBJECT TO, AND WITHOUT LIMITING, THE “LIMITATION OF LIABILITY” SECTION BELOW, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU, YOUR ORGANIZATION AND/OR TO ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM AND/OR THE SERVICES AND/OR THE CONTENT AVAILABLE THEREIN (INCLUDING THE RESULTS AND OUTPUT DATA). YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
ALL IMAGES, INFORMATION, PRODUCT SPECIFICATIONS AND DESCRIPTIONS, AND OTHER CONTENT MADE AVAILABLE ON THE PLATFORM ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATIONS OR WARRANTIES AND ARE NON-BINDING. THE COMPANY DOES NOT GUARANTEE THAT ANY PRODUCTS AND/OR SERVICES DISPLAYED OR DESCRIBED ON THE PLATFORM AND/OR THE RESULTS WILL MEET YOUR NEEDS OR REQUIREMENTS.
Note: You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Platform and/or the Services, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
5. The App – License, App Stores and Devices
This section applies to your use of the App. Where this section conflicts with any other provision of these Terms in relation to the App, this section prevails.
5.1 License to use the App
Subject to your compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to download and install the App on a mobile device that you own or control, and to run the App on that device solely for your own personal, non-commercial use. All rights not expressly granted to you are reserved by the Company and its licensors. The App is licensed to you, not sold.
You may not: (a) rent, lease, lend, sell, redistribute or sublicense the App; (b) copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of the App, except to the extent that such restriction is prohibited by applicable law; (c) modify, adapt, translate or create derivative works of the App; (d) remove, alter or obscure any proprietary notice in the App; (e) use the App on a device on which the operating system has been modified without authorization (including “jailbroken” or “rooted” devices); or (f) use the App in any way that circumvents the App Store's billing mechanism where that mechanism is required.
5.2 Your relationship with the App Store Providers
You acknowledge that these Terms are concluded between you and the Company only, and not with any App Store Provider. The Company, and not the App Store Provider, is solely responsible for the App and its content. Your use of the App must also comply with the applicable App Store terms of service and usage rules in force at the time, and if there is a conflict between those usage rules and these Terms in respect of your use of the App, the App Store usage rules will prevail to the extent of that conflict.
5.3 Additional terms for the App obtained from the Apple App Store
The following applies where you obtain the App from the Apple App Store, and is required by Apple Inc. (“Apple”):
(a) Acknowledgement. You and the Company acknowledge that these Terms are between you and the Company only, and not with Apple, and that Apple is not responsible for the App or its content.
(b) Scope of license. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
(c) Maintenance and support. The Company is solely responsible for providing any maintenance and support services in respect of the App, as specified in these Terms or as required under applicable law. You and the Company acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services in respect of the App.
(d) Warranty. The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
(e) Product claims. The Company, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
(f) Intellectual property rights. In the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
(g) Legal compliance. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Developer name and address. Questions, complaints or claims with respect to the App should be directed to: Design With Friends Ltd., He-Kharish St 7, Emek Hefer Industrial Park, Israel 3877701, support@designwithfriends.com.
(i) Third party terms. You must comply with any applicable third party terms of agreement when using the App.
(j) Third party beneficiary. You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, 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 a third party beneficiary thereof.
5.4 Additional terms for the App obtained from Google Play
The following applies where you obtain the App from Google Play. You acknowledge that Google LLC (“Google”) is not a party to these Terms and is not responsible for the App or its content. Your use of the App must comply with the Google Play Terms of Service then in force. Google has no obligation to provide maintenance or support for the App, and no liability in respect of it. Where the Google Play Terms of Service provide a refund entitlement, refunds for purchases made through Google Play are handled by Google in accordance with those terms.
5.5 Device permissions
The App requests access to certain device features. Access is granted through your device's operating system, is entirely optional, and may be withdrawn by you at any time in your device settings. If you decline or withdraw a permission, the App will continue to function but the related features may be unavailable.
(a) Camera and photo library. To let you photograph or select an image of an individual furniture item so that it can be turned into a 3D model for use in your designs. This feature is not yet available. We access only those images that you actively capture or select; we do not scan or index your photo library. Images you provide are handled as User Materials under these Terms and as described in the Privacy Policy, and are not published to the public feed or shown to other Users.
(b) Push notifications. To send you service messages such as challenge results, comments, activity in your Account and, where required by law, subscription renewal reminders. We will only send you marketing notifications where you have consented to receive them, and you may turn notifications off at any time in your device settings or in your Account settings, without affecting service messages that we are required to send you.
5.6 Updates, availability and end of support
We may from time to time issue updates to the App, and your device software or App Store settings may automatically download and install them. Some updates may be necessary for the App to continue to function. We may cease to support older versions of the App or older operating system versions, in which case some or all features may stop working on your device. We do not warrant that the App will be compatible with, or available for, every device or operating system version, or that it will be available in every territory.
6. Use of AI Tools
The Platform incorporates AI-powered features that allow Users to generate the Results. When you request a realistic rendering, the 3D design you have composed in our editor is sent to one of our third-party AI providers for processing, and the rendered image or video is returned to you; your free-text prompts and any photograph you may submit to another feature are not sent to those providers for this feature. We also expect to offer a feature that generates a 3D model from a photograph of a piece of furniture that you submit, in which case the photograph you submit will be sent to our third-party 3D modeling provider for that purpose. Our Privacy Policy identifies these providers and what is sent to each of them. Due to the inherent nature and limitations of artificial intelligence technology, we cannot guarantee that any AI-generated output will be accurate, complete, reliable, available, suitable for any particular purpose, or fully reflect real-world dimensions, appearance, colors, proportions, or other characteristics, and all such outputs may contain errors, omissions, distortions, or inaccuracies.
YOU ACKNOWLEDGE AND AGREE THAT ANY RESULT AND AI-GENERATED OUTPUT IS PROVIDED FOR GENERAL INFORMATIONAL AND ILLUSTRATIVE PURPOSES ONLY, SHOULD BE INDEPENDENTLY REVIEWED AND VERIFIED BY YOU AS HUMAN REVIEW AND OVERSIGHT SHOULD BE EMPLOYED WHEN USING THESE FEATURES, AND IS USED AND RELIED UPON SOLELY AT YOUR OWN DISCRETION AND RISK.
To operate, secure, support and improve the Services, and for research and development purposes, we may retain records of the designs and images submitted to, and the outputs returned by, the AI features. We may use designs and Results in de-identified form — stripped of your name, display name, Account identifier and any other information that identifies you — to develop, train, evaluate and improve our own models, technology and features, including our rendering technology and design-assistance features. We do not use your prompts, your uploaded photographs, or any information that identifies you to train our own or any third party's foundation models except where you have given us your prior consent, and where such consent is given you may withdraw it at any time through your Account settings or by contacting us at privacy@designwithfriends.com. Our retention periods and the legal bases on which we process this information are described in our Privacy Policy.
Data that we send to these third-party providers, as described above, may be processed by them in accordance with their own terms, policies and practices, subject to the contractual restrictions we impose on them. WE ASSUME NO RESPONSIBILITY FOR SUCH TERMS AND SUCH SERVICE PROVIDERS' COMPLIANCE THEREWITH AND HAVE NO CONTROL OVER THEIR USE AND EXPLOITATION OF THE DATA. Accordingly, you should not include in any design, or submit to any AI feature, any trade secrets, confidential information, proprietary information, sensitive information, or any other information the disclosure of which could cause harm to you or any third party.
Where required by applicable law, we will indicate that Results are generated with the assistance of artificial intelligence. We do this by disclosing the AI-assisted nature of the Results in these Terms and, where required and technically feasible, by including provenance information in the image file in a machine-readable format rather than as a visible mark on the image. You agree not to remove, alter, obscure or circumvent any such disclosure, watermark, label or metadata, and not to present any Result as a photograph of a real space or as anything other than an artificially generated or AI-assisted image.
In addition, certain AI-powered features may not be available in all jurisdictions and may be restricted or unavailable in certain countries or regions depending on the availability or limitations of the relevant third-party providers, and we shall not be liable for any inability to access or use such features due to such restrictions or unavailability.
7. Registration and User Account
In order to use certain features of the Services, you must register and create a User account ("Account"). A single Account gives you access to both the Site and the App, and your Results, User Materials and any credit balance are shared across them. Registration can be done by completing the registration process on the Platform, which requires you to provide certain personal information, as further detailed in the Privacy Policy. As part of the registration procedure, you will also be asked to acknowledge that you have read and agree to these Terms. Registration may also be done by using an existing social network account (e.g., Facebook, Google) or, in the App, through a platform sign-in service such as Sign in with Apple, as further detailed in our Privacy Policy. As part of registration you will be asked to choose a display name (also referred to as a nickname or handle) and a profile picture or avatar. Where you register using a third-party account, these fields may be pre-filled from that account, and you may change them before you continue. Your display name and profile picture are public, as described in the “Your Results, Public Profile and Community Features” section below.
You may not have more than one (1) active Account. Your Account is password protected. In order to protect the security of your personal information available on your Account, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
You are solely and fully responsible for maintaining the confidentiality of the password and Account and for all activities that occur under your Account. If we in good faith believe you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of the Company. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events, you must change your password immediately by (a) the settings of your Account or (b) sending us an email to info@designwithfriends.com. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms.
If you wish to either change your log-in details, or cancel and remove your Account, you can do so in your Account settings or by sending us an e-mail of your request to info@designwithfriends.com. Your Account will terminate within a reasonable time following your request, and from that date of termination you will no longer be able to access your Account. Deleting the App from your device does not by itself delete your Account or cancel any subscription.
CANCELLING OR TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US, THE RESULTS AND ANY OUTPUT DATA, AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
8. Company Property
All right, title, and interest in and to the Platform, Content, and Services, any derivative works thereof, any improvements, enhancements, updates and upgrades thereto and any intellectual property rights in or related to any of the foregoing are and will remain the exclusive property of the Company and its licensors (collectively, “Intellectual Property”). The Platform, Content, and Services are protected by copyright, trademark, design and other laws.
These Terms do not convey to you an interest in, or to, the Company's Intellectual Property but only a limited revocable right of use in accordance with these Terms. Nothing in these Terms constitutes a waiver of the Company's Intellectual Property under any law.
Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Platform, Content, or Services, including without limitation, any functionality, user interface or any element thereof, and any screens, buttons, menus etc. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Platform, Content, or Services on or in connection with any other service, for any purpose.
The Company's marks and logos and all other proprietary identifiers used by the Company in connection with the Platform, the Services and/or the Results (“Company's Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Platform and/or the Results belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company's Trademarks or the Third Party Marks is granted hereunder.
The Company has all right, title, and interest in and to any non-identifiable analysis and analytics of your usage of the Platform, Content and/or Services and any feedback you provided to the Company, which may be used for the further development of our Services and future offerings, without the obligation to provide any consideration to you.
9. Results, Public Profile and Community Features
Ownership. While using the Services, you may generate Results. Results are generated using the Company's Content and the Company's tools, and the Company owns them. To the maximum extent permitted by applicable law, you hereby assign to the Company, and the Company accepts, all right, title and interest (including all intellectual property rights) that you may have in and to each Result, throughout the world and for the full term of those rights. Where such an assignment is not effective under applicable law, you instead grant the Company an exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, adapt, create derivative works from, publish, publicly display, distribute and otherwise exploit each Result for any purpose. Nothing in these Terms transfers to you any right, title or interest in or to the Content itself, which remains licensed to you only as part of, and for use within, a Result.
Your license to use Results. Subject to your compliance with these Terms, the Company grants you a worldwide, non-exclusive, royalty-free, revocable license to use, reproduce, display, distribute and create derivative works from the Results you create, for your own personal, non-commercial purposes. This expressly includes sharing them on social media, printing them, and showing them to family, friends, contractors, builders or suppliers in connection with designing, furnishing or renovating your own space.
Remixing other Users' designs. Where the Platform makes a Result published by another User available in editable form, the Company also grants you a non-exclusive, royalty-free, revocable license to use that Result as the starting point for a new design and to create derivative works from it, in each case solely on and through the Platform and for your own personal, non-commercial purposes. A design you create in that way is itself a Result and is owned by the Company on the same terms as any other Result. The Platform may display the design lineage of a remix, and you must not remove, alter or obscure any attribution the Platform applies. This license does not permit you to share, publish or distribute another User's Result, or a remix of it, outside the Platform.
This license does not permit you to: use the Results in the course of providing interior design or any other services to a third party, whether or not for a fee; sell, license or otherwise commercially exploit the Results, including as stock imagery, prints, merchandise or digital assets; use the Results to advertise or promote any business, product or service; or redistribute, resell or sublicense the Content on a stand-alone basis, or otherwise separate the Content from the Result in which it appears.
If you would like to use the Results for professional or commercial purposes, please contact us at terms@designwithfriends.com. We may make commercial terms available in the future, and any such use requires our prior written agreement.
Display of Results and your Public Profile. You agree that the Company may host, store, reproduce, adapt, publish, publicly display and distribute Results you have created, together with your Public Profile, for the purposes of operating, providing, securing, promoting and improving the Services, including making Results available to other Users and to the public through the feed, community, challenge, gallery and marketplace features of the Platform, whether in editable or non-editable form, displaying them together with your display name and profile picture, and, in de-identified form, developing, training, evaluating and improving the Company's models, technology and features. Where the Company makes a Result you created available to other Users for a fee, any revenue share payable to you will be as separately notified to you on the Platform; in the absence of such a notified revenue share, no fee is payable to you.
Deleting Results. You may delete a Result at any time. There is no separate unpublish control: deleting the Result is what removes it from the public feed. Deleting a Result removes it from your Account and from public display on the Platform, and we will delete it. Copies may persist in routine backups for a limited period consistent with our retention schedule. Where a Result has already been included, in de-identified form, in a training data set or in aggregated analytics, deleting the Result does not require us to reverse that use; de-identified information is no longer associated with you. Remixes already created by other Users are not affected. You may also delete individual comments and likes, and you may delete your Account.
Moral rights. To the maximum extent permitted by applicable law, you waive any moral rights you may have in the Results as against the Company and Users acting under a license granted by the Company. Where such rights cannot be waived under applicable law, you agree not to assert them in a manner that would prevent the Company or such Users from exercising the licenses granted under these Terms. Nothing in this paragraph requires you to waive any right that cannot lawfully be waived.
Your Public Profile. Your display name, your profile picture or avatar, the Results you have rendered, your likes, ratings and comments, and any badges or similar non-identifying information shown on your profile, together form your public profile (your “Public Profile”). You choose your display name and profile picture when you register and may change them at any time in your Account settings.
WHAT IS PUBLIC. YOUR DISPLAY NAME, PROFILE PICTURE, BADGES, RENDERED RESULTS, LIKES, RATINGS AND COMMENTS ARE PUBLIC. THEY CAN BE VIEWED BY ANYONE, INCLUDING PEOPLE WHO DO NOT HAVE AN ACCOUNT, AND MAY BE INDEXED BY SEARCH ENGINES. PLEASE CHOOSE A DISPLAY NAME AND PICTURE ACCORDINGLY, AND DO NOT INCLUDE INFORMATION IN A COMMENT OR ON YOUR PROFILE THAT YOU WOULD NOT WANT TO BE PUBLIC.
Content you make public may be copied. Once content is public, other people may view, copy, screenshot, download or re-post it. If you later delete content or your Account, we will remove it from the Platform, but we cannot recall copies that others have already made, and we cannot control how long search engines or other third parties retain cached copies.
Display names and profile pictures. You may not choose a display name or profile picture that impersonates another person or entity, that infringes anyone's rights, that is offensive, obscene or misleading, or that is used to advertise a third party. We may reclaim, reset or require you to change a display name or profile picture that breaches these Terms, and we may reserve display names for legal or brand-protection reasons.
Comments, likes and interactions. When you comment on, like or rate another User's Result, your comment or interaction is attributed to your Public Profile. You are responsible for what you post. In addition to the General Prohibitions below, you must not use the community features to harass, bully, threaten or abuse any person; to publish another person's private or identifying information; to post spam, repetitive or unsolicited commercial content; or to solicit other Users off the Platform for commercial purposes.
Blocking and reporting. You may block another User, in which case you will not see their content and they will not be able to interact with you or your content. Blocking does not remove that User's content from the Platform or hide it from other Users. You may report any Result, comment or Account to us, as described in the “Reporting Content and Complaints” section below.
Moderation. We may screen, filter, refuse, remove, restrict, limit the distribution of, or require you to change any User Content, and we may suspend or terminate an Account, where we consider in good faith that it breaches these Terms or applicable law, or is otherwise harmful to Users or to the Platform. We are not obliged to monitor User Content, and we do not endorse any User Content published on the Platform.
10. General Prohibitions
You may use the Platform, Content and/or Services for your own personal, non-commercial use only, and only in accordance with these Terms and, in respect of the Results, in accordance with the “Your license to use your Results” paragraph above. There are certain actions and practices that are strictly prohibited. Failure to comply with any of the provisions set forth below may result in the suspension or termination of your access to or use of the Platform, Content and/or Services, and may also expose you to civil and/or criminal liability. You agree not to:
(a) Post, publish, transmit or store any text, graphics, content or other material that: (i) is false, misleading or fraudulent; (ii) is defamatory; (iii) invades another's privacy or other rights; (iv) is obscene, pornographic, offensive or otherwise objectionable; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes, misappropriates or otherwise violates any third party rights, including any intellectual property, privacy or publicity rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
(b) Use the Platform, Content and/or Services for any illegal, fraudulent, harmful, unauthorized or improper purpose, or in any manner that violates these Terms, any rights of the Company or any third party, or any applicable law or regulation, or for any purpose for which the Platform, Content and/or Services are not intended;
(c) Access, tamper with, or use non-public areas of the Platform or the Company's computer systems, or attempt to gain unauthorized access to the Platform, Content, Services, any Account, or any related systems or networks;
(d) Attempt to probe, scan, or test the vulnerability of any system or network or breach, circumvent, bypass or otherwise defeat any security, authentication or access control measures, or any measures used to prevent or restrict access to or use of the Platform, Content and/or Services;
(e) Attempt to access, search, scrape, crawl, index, data-mine, copy, download, retrieve or otherwise extract data, content or other information from the Platform, Content, or Services, or harvest or otherwise collect personal information about Users, by any engine, software, tool, agent, device, script, robot, spider, crawler, scraper or other manual or automated mechanism, other than the software, features and/or search agents expressly provided by the Company or generally available third-party web browsers;
(f) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform, Content, or Services, including the App, except to the extent that such restriction is prohibited by applicable law;
(g) Sell, license, sublicense, lease, lend, transfer, assign, rent or otherwise commercially exploit the Platform, Content, or Services, use them to provide service bureau, time sharing, rental, application services provider or other services to third parties, or otherwise make their functionality available to third parties; copy, modify, duplicate, adapt, translate, create derivative works from, frame, mirror, republish, download, display, transmit, distribute, publicly perform, publicly display or otherwise use all or any portion of the Platform, Content, or Services in any form or media or by any means; remove, alter, obscure or disassociate any copyright, trademark or other proprietary rights notices; use any Content on or in connection with any other website, application, service or networked computer environment for any purpose without the Company's prior written consent; or create any database by systematically downloading, storing or otherwise extracting all or any portion of the Content;
(h) Interfere with, disrupt, damage or attempt to interfere with, disrupt or damage the operation of the Platform, Content, or Services, or the access of any user, host, server or network, including by transmitting or otherwise making available any virus, worm, Trojan horse, time bomb, web bug, spyware, malware or other computer code, file or program that is or may be harmful, disruptive or invasive, or by overloading, flooding, spamming, mail-bombing, or taking any action that imposes or may impose an unreasonable or disproportionately large load on the Platform or its supporting infrastructure; or
(i) Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your business, your website, your content or any statement you make.
(j) Harass, bully, threaten, stalk or abuse any other User; publish or threaten to publish another person's private or identifying information; encourage others to do any of the foregoing; create an Account to evade a block, suspension or termination; or use the community features to post spam, artificially inflate likes or ratings, or manipulate rankings or challenge results.
The Company will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security issues, to the fullest extent of the law, and may involve and cooperate with law enforcement authorities. You acknowledge that the Company has no obligation to monitor your access to or use of the Platform, Content, and Services, but has the right to do so for the purpose of operating the Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
11. Payment
11.1 General
Certain services and features may be available free of charge, while the use of certain Services and features is subject to payment, in accordance with the payment terms described on the Platform (the "Payment Terms"). Unless stated otherwise, prices are exclusive of applicable sales, use, VAT or similar taxes, which will be added where required by law. The billing method depends on where you make the purchase: purchases made on the Site are processed by our online payment processors, and purchases made within the App are processed by the applicable App Store Provider.
11.2 Purchases made on the Site
Your payments on the Site will be processed by third party online payment service providers ("Online Payment Processors") which are not affiliated with the Company, under their own terms of service and privacy policies. We may add or change the Online Payment Processors in our sole discretion. You acknowledge and agree that (i) it is your responsibility to read and comply with their aforementioned documents and (ii) you are fully assuming the risks of conducting any transactions via such Online Payment Processors. These Online Payment Processors are independent contractors and have no employment or agency relationship with the Company. The Company is not responsible in any way for the actions or performance (or lack thereof) of the Online Payment Processors.
For one-time purchases on the Site, you will be billed immediately upon completing the purchase. For subscriptions purchased on the Site, you will be billed immediately upon subscribing and thereafter at the start of each successive billing period for the duration of the subscription, unless otherwise specified.
AUTOMATIC RENEWAL. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY.
Before you subscribe on the Site we will present, clearly and conspicuously, the recurring nature of the subscription, the length of each billing period, the amount that will be charged on each renewal and how to cancel, and we will obtain your affirmative consent to those terms. Unless you cancel before the end of the then-current billing period, your subscription will renew automatically for a further period of the same length and the then-applicable fee will be charged to your payment method. We will send you a renewal reminder in advance of each renewal where required by applicable law. If the price of your subscription changes, we will give you notice in advance of the change taking effect and an opportunity to cancel before you are charged the new price.
How to cancel a Site subscription. You may cancel at any time, without charge and without having to contact us, using the self-service cancellation function in your Account settings. Cancellation takes effect at the end of the then-current billing period, and you will retain access to the paid features until that date. You may also cancel by e-mailing us at info@designwithfriends.com, but you are not required to do so.
Refunds for Site purchases. Except as set out in this section or as required by applicable law, fees are non-refundable and there are no refunds or credits for partially used billing periods. If you believe you have been charged in error, contact us at info@designwithfriends.com within thirty (30) days of the charge and we will investigate and, where the charge was made in error, refund it.
We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method. We may choose not to accept any orders in our sole discretion.
11.3 In-app purchases and subscriptions
Purchases made within the App, including credits, coins, gems and subscriptions, are in-app purchases processed by the applicable App Store Provider using the payment method associated with your App Store account. The Company does not receive or store your payment card details for these purchases. Your purchase is subject to the App Store Provider's terms of service in addition to these Terms.
Where you purchase an auto-renewing subscription through the Apple App Store: payment will be charged to your Apple ID account at confirmation of purchase; the subscription automatically renews unless it is cancelled at least twenty-four (24) hours before the end of the current period; your account will be charged for renewal within twenty-four (24) hours prior to the end of the current period, at the price of the then-current subscription tier; you can manage and cancel your subscription by going to your App Store account settings after purchase; and where a free trial is offered, any unused portion of that free trial period will be forfeited when you purchase a subscription to that publication, where applicable.
Where you purchase an auto-renewing subscription through Google Play, the subscription renews automatically until cancelled, and you can manage or cancel it in the subscriptions section of your Google Play account.
TO CANCEL A SUBSCRIPTION PURCHASED THROUGH AN APP STORE, YOU MUST CANCEL IT THROUGH THAT APP STORE. DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTION, AND WE ARE NOT ABLE TO CANCEL IT FOR YOU.
Refunds for in-app purchases. Refunds for purchases made through an App Store are governed by that App Store Provider's refund policy and are handled by the App Store Provider, not by the Company. We are generally unable to issue refunds for in-app purchases directly. If you believe you are entitled to a refund, please contact the applicable App Store Provider. Nothing in this paragraph limits any statutory right you may have against the Company as a consumer under applicable law.
11.4 Consumers in the European Union and the United Kingdom
If you are a consumer resident in the EU or the UK, you have a right to withdraw from a purchase of digital content or services within fourteen (14) days without giving a reason. However, by purchasing and requesting immediate access to digital content or the Services, you expressly request that we begin performance during the withdrawal period and acknowledge that you thereby lose your right of withdrawal in respect of digital content once supply has begun, and that in respect of services you will be charged a proportionate amount for the services provided up to the point you withdraw. To exercise the right of withdrawal in relation to a purchase made on the Site, contact us at info@designwithfriends.com; in relation to an in-app purchase, contact the applicable App Store Provider.
11.5 Credits, coins and gems
Payment may be made either in real currency or, where available, through the use of in-platform credits, coins and/or gems. Such credits, coins and/or gems may be granted, purchased, or otherwise made available in circumstances described on the Platform, including upon creating an Account, completing challenges, or participating in games. A single balance is shared across the Site and the App, regardless of where it was acquired.
PLEASE NOTE THAT CREDITS, COINS AND/OR GEMS HAVE NO CASH VALUE AND CANNOT BE REDEEMED OR CONVERTED INTO REAL MONEY.
Credits, coins and gems are a limited, personal, non-transferable, revocable license to use a feature of the Platform; they are not property, they may not be sold, gifted or transferred, and they are non-refundable except where a refund is required by applicable law or by the applicable App Store Provider's policy. We will give you reasonable prior notice before we expire, reduce or discontinue any credits, coins or gems that you have purchased for real currency. Any unused credits, coins or gems are forfeited on termination of your Account by you or by us for cause, except to the extent that forfeiture is prohibited by applicable law.
11.6 Third-party products
The Company may display a library or catalog of products, including products offered for sale by third-party stores or merchants. The Company is not the seller of such products and cannot and does not make any representations or warranties regarding their quality, safety, legality, availability or suitability. All images, information, product specifications and descriptions concerning such products are provided for general informational purposes only, without any representations or warranties and are non-binding.
IF YOU FAIL TO PAY YOUR SUBSCRIPTION FEES ON TIME, OR IF YOUR PAYMENT INFORMATION IS ENTERED IN ERROR OR DOES NOT GO THROUGH FOR PROCESSING AND YOU DO NOT UPDATE PAYMENT INFORMATION UPON OUR REQUEST, YOUR ENTIRE SUBSCRIPTION MAY BE SUSPENDED OR CANCELLED.
12. Links and Advertising
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by the Company and does not portray the Company in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to the Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
The Platform may contain links to third-party websites, services, or resources that are not owned or controlled by the Company and are provided solely as a convenience to you. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability, accuracy, validity, reliability, legality, or completeness of any such websites, services, or resources; (ii) any content, advertising, products, services, information, materials, or other content on or available from them; or (iii) the privacy practices, data security measures, or other practices of such third parties. Links do not imply any endorsement, affiliation, sponsorship, or approval by the Company. Your access to, use of, or reliance on any such websites, services, resources, content, or materials, and any dealings you may have with such third parties, are solely at your own risk and expense. The Company reserves the right to remove any link at any time. We encourage you to review the applicable terms of use and privacy policies of any such third party before using its websites or services or providing any information to it.
Advertising in the App. The App may display advertising supplied by third-party advertising networks and their demand partners. Those advertisements are not selected, endorsed, reviewed or verified by the Company, and their appearance does not imply any relationship between the Company and the advertiser. Any dealings you have with an advertiser, including any purchase, are solely between you and that advertiser, and the Company is not responsible or liable for them. If you have not consented to personalized advertising, or you opt out, you will still see advertising, but it will not be personalized to you. Our Privacy Policy explains what information advertising partners receive and how to change your choices.
13. User Materials
The Platform may allow you to submit certain materials in connection with using the Services and creating the Results — in particular, a photograph of an individual furniture item so that it can be turned into a 3D model for use in your designs ("User Materials"). That feature is not yet available. User Materials are used only to provide the relevant feature to you: they are not published to the public feed and are not shown to other Users. The User Materials shall remain at all times, and to the extent permitted by law, the sole and exclusive property of the User. You represent and warrant that you are the rightful owner of the User Materials or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Materials (including with respect to any images sourced from third-party websites or other sources). The provisions of this section apply equally to all other User Content that you submit, including comments, ratings and the display name and profile picture forming part of your Public Profile, and references in this section to User Materials should be read accordingly.
When you upload any User Materials to the Platform, you grant the Company a non-exclusive, royalty-free, worldwide, sublicensable (solely to the Company's hosting, storage, security and AI service providers for the purposes set out below) license, to use, reproduce, distribute, transmit, create derivative works of, display, copy and perform the User Materials in order to provide you with the Results, to perform the Company's obligations under these Terms, to meet the Company's legal requirements and as otherwise permitted under these Terms and applicable law. This license terminates when you delete the relevant User Materials or your Account, save that the Company may (a) retain copies in routine backups for a limited period consistent with its retention schedule, (b) retain and use User Materials to the extent required to comply with a legal obligation or to establish, exercise or defend legal claims, and (c) continue to use aggregated, anonymized or de-identified information derived from the User Materials. Nothing in this license permits the Company to sell your User Materials or to use them to train foundation models except as described in the “Use of AI Tools” section above.
You shall have sole responsibility for the accuracy, quality and legality of the User Materials and the means by which you acquired them. You represent and warrant that the User Materials have been collected, processed and transferred to the Company in accordance with applicable laws.
You warrant that: (a) you are duly entitled to grant the license granted above; (b) the User Materials shall not knowingly contain any type of computer virus or any other component that may disrupt, modify, delete, harm or otherwise impede the operation of the Platform and/or the Company's computer systems; (c) you will not upload any User Materials containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for us to use or possess; (d) the User Materials do not and will not infringe, misappropriate or violate any intellectual property rights or any other rights of any third party (including any privacy rights or copyrights); and (e) you must not upload, submit, or use any content that includes personal data or personal information of any person unless expressly permitted by the Platform and in compliance with applicable law.
Third party data. If any User Materials contain personal data or images of any person other than you, you represent and warrant that you have provided that person with all required notices and obtained all consents or other lawful bases necessary for the Company to process that data in connection with the Services, including any transfer of that data to the Company's third-party AI and hosting service providers. You will indemnify the Company in respect of any claim arising from your failure to do so.
You hereby agree that the User Materials are uploaded at your sole discretion, the Company does not verify or monitor such User Materials and as such, you acknowledge that the User Materials may affect the Results, contain errors and may be inaccurate and/or incomplete. You understand and agree that you are solely responsible for your User Materials and the consequences of uploading them, and the Company assumes no responsibility or liability for such use and reliance.
The Company may create limits on the use of the Platform including limitation on size and storage space available for Users to upload User Materials. The Platform is not intended to be used as a storage or backup service, and you must retain backups of all User Materials. The Company explicitly reserves the right, at its sole discretion, to scan and remove, without giving any prior notice, any User Materials which infringe these Terms or applicable law.
You acknowledge and agree that you may be exposed to content submitted by other Users that may be offensive, inaccurate, misleading, unlawful, or otherwise objectionable, and that you use our Services at your own risk and discretion. You agree to indemnify, defend, and hold harmless us and our affiliates, partners, licensors, and service providers from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your submission or use of any User Materials on or through our Services.
The Company may use in any manner anonymous information which it derives from the use of the Platform and/or the Services and the User Materials (i.e., non-identifiable information, aggregated or analytics information), in order to provide and improve the Company's products and services and for any legitimate business purpose, provided that such User Materials do not include any of your confidential information. The Company is and shall remain the sole and exclusive owner of the analytics information.
PLEASE NOTE: THE PLATFORM IS NOT INTENDED FOR STORAGE, BACKUP AND/OR MANAGEMENT OF USER DATA, AND ANY DATA THAT YOU UPLOAD IS UPLOADED AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU MAINTAIN BACKUP COPIES OF ALL USER DATA THAT YOU UPLOAD. WE DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OF SUCH DATA.
14. Copyright Notice
The Company respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Company: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material; (iv) information so that the Company can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Designated agent. Notices under this section must be sent to the Company's designated copyright agent, who is registered with the United States Copyright Office: Copyright Manager, Design With Friends Ltd., He-Kharish St 7, Emek Hefer Industrial Park, Israel 3877701, telephone +1 856-644-1619, copyright@designwithfriends.com. Notices sent to any other address may not be effective.
Counter-notification. If your material was removed or disabled and you believe it was removed in error or as a result of misidentification, you may send our designated agent a counter-notification containing: (i) your physical or electronic signature; (ii) identification of the material that has been removed and the location at which it appeared before removal; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (iv) your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal court in the district in which you reside (or, if outside the United States, the District of Delaware) and that you will accept service of process from the person who provided the original notification.
Repeat infringers. It is the Company's policy, in appropriate circumstances and at its sole discretion, to disable and/or terminate the Accounts of Users who are repeat infringers of the intellectual property rights of others.
15. Reporting Content and Complaints
If you consider that any Result, User Materials or other content available on the Platform is unlawful or breaches these Terms, you may notify us at report@designwithfriends.com, or using the reporting function on the Platform where available. Your notice should identify the content, its location on the Platform, the reason you consider it unlawful or in breach, and your contact details. Every Result, comment and Account carries an in-product reporting control, and you can block another User from your own or their Public Profile. We also apply automated and manual filtering to User Content in order to detect and remove objectionable material, and we aim to review and act on reports of objectionable content promptly, within a reasonable time appropriate to the seriousness of the report, prioritizing reports of content that may cause harm.
We will review notices without undue delay and in a diligent, non-arbitrary and objective manner, and will inform you of our decision and of the reasons for it. Where we remove, disable, restrict or demonetize content, or suspend or terminate an Account, we will notify the affected User of our decision and the reasons for it, unless we are legally prohibited from doing so. Any affected User may contest that decision by writing to appeals@designwithfriends.com within six (6) months, and we will review the decision under human supervision.
For the purposes of Regulation (EU) 2022/2065 (the Digital Services Act), our single point of contact for users and for authorities of the Member States, the Commission and the European Board for Digital Services is legal@designwithfriends.com, and communications may be submitted in English.
16. Termination
If your subscription is on a recurring basis, you may cancel it at any time as described in the “Payment” section above — through your Account settings for a subscription purchased on the Site, or through the applicable App Store for a subscription purchased in the App — and your subscription will terminate at the end of the then-current billing period.
If you violate any of these Terms, your permission to use the Platform, Content, and Services will automatically terminate. The Company reserves the right to revoke your access at any time, with or without cause, and to cease providing or to change the Platform, Content, or Services at any time and without notice.
Where we suspend or terminate your access other than for cause, or discontinue a paid feature you have paid for, we will refund the unused portion of any fees you have paid in advance for the remainder of the then-current billing period; where the purchase was made through an App Store, we will direct you to, or coordinate with, the applicable App Store Provider. Following termination you will be given a reasonable opportunity, of not less than thirty (30) days, to export your Results and User Materials, except where we are prevented from providing that opportunity by law or where your Account was terminated for a serious breach of these Terms. When your Account is deleted, your Public Profile, the Results you created and your comments are removed from public view and deleted, as described in the “Deleting Results” paragraph in section 9.
17. Use of the Platform at Your Own Risk
Your access to and use of the Platform, Content, and Services is at your own risk. The Company will have no responsibility for any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of the Platform, Content, or Services (including the Results and output data).
18. The Platform is Available “AS IS”
EXCEPT AS EXPRESSLY STATED HEREIN, THE PLATFORM, CONTENT, PRODUCTS, RESULTS AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY MAKES NO WARRANTY THAT THE PLATFORM, CONTENT, THE RESULTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY RESULTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE PLATFORM, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH IT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
19. Indemnity
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS AND AGENTS, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, OR USE OF, MISUSE OF, INABILITY TO USE AND/OR ACTIVITIES IN CONNECTION WITH, THE PLATFORM, CONTENT, OR SERVICES (INCLUDING THE RESULTS AND OUTPUT DATA), OR YOUR VIOLATION OF THESE TERMS. IT IS HEREBY CLARIFIED THAT THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM, CONTENT, OR SERVICES (INCLUDING THE RESULTS AND OUTPUT DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE PLATFORM, CONTENT OR SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO THE COMPANY DURING THE 12 MONTH PERIOD PRECEDING THE EVENT(S) THAT GAVE RISE TO SUCH LIABILITY AND (B) ONE HUNDRED US DOLLARS (US$100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
Nothing in these Terms excludes or limits the liability of the Company for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot be excluded or limited under applicable law. If you are a consumer, nothing in these Terms affects any mandatory statutory rights you have under the law of your country of residence that cannot be varied or waived by contract, and the exclusions and limitations in these Terms apply to you only to the extent permitted by that law.
21. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and the Company agree that the state and federal courts located in the State of Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Platform, and you consent to the personal jurisdiction of, and venue in, those courts. If you are a consumer resident in the European Union or the United Kingdom, nothing in this section deprives you of the protection of the mandatory consumer-protection provisions of the law of your country of residence, and you may bring proceedings in the courts of that country.
22. General
Severability. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver. The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Assignment. You may not assign or transfer these Terms, or any rights or obligations under them, without the Company's prior written consent, and any purported assignment in breach of this section is void. The Company may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, on notice to you.
Force Majeure. The Company will not be liable for any delay in or failure of performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, epidemic or pandemic, strikes, failures of telecommunications or internet infrastructure, power failures, or acts or omissions of third-party service providers.
Notices. We may give you notice by e-mail to the address associated with your Account, by posting a notice on the Platform, or through the Services (including by push notification). Notices to the Company must be sent to legal@designwithfriends.com and are deemed given on receipt. It is your responsibility to keep your e-mail address current.
Survival. The sections headed “Company Property”, “Results”, “User Materials”, “Indemnity”, “Limitation of Liability”, “Controlling Law and Jurisdiction” and this “General” section, together with any license granted by you that is expressed to survive, will survive termination or expiry of these Terms.
Third party beneficiaries. Except as expressly provided in the “Additional terms for the App obtained from the Apple App Store” section above (under which Apple and its subsidiaries are third party beneficiaries), and save that the Company's officers, directors, employees, stockholders, agents and licensors may enforce the disclaimers, indemnities and limitations of liability expressed to be for their benefit, these Terms do not confer any rights on any person other than you and the Company.
Entire agreement. These Terms are the entire and exclusive agreement between the Company and you regarding the Platform, Content, and Services (including the Results and output data), and supersede and replace any prior agreements between the Company and you with respect thereto.
23. Have any Questions?
If you have any questions about these Terms, please contact the Company at: terms@designwithfriends.com.