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TERMS OF USE

Effective date: 2 April 2019

Welcome to Draftium! Thank you for using our platform.

Below you may find Terms of Use applicable to anyone accessing this Website or any information stated therein.

Please read these Terms of Use carefully. By accessing and/or using the Website (draftium.com) (hereinafter referred to as "Draftium" or "Website") and the Services provided on the Website (hereinafter referred to as “Services”), you express your consent to be bound, without limitation or qualification by these Terms of Use. Those who sign up for Draftium on behalf of legal entities shall represent and warrant that they have the authority to accept these terms on their behalf. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. If you do not agree to any of these terms, please refuse from using the Website.

1. Using Draftium and Personal Information

1.1. Sign-up

To use the Services provided by Draftium, you will be asked to create a user account (hereinafter referred to as “Account”). By signing up for Draftium, you express your consent to provide us with accurate, complete and updated information for your Account. This information may be used for contacting you and for informing you of the latest updates and news related to Draftium.

Draftium belongs to JETIMPEX, INC, which is headquartered in the United States, Florida.

1.2. Personal Information

Please make sure that any personal information stored in your Account is safe from unauthorized use. Don’t provide third parties with information related to access to your Account, such as login and password. Should you notice or suspect any loss, theft or unauthorized use of your Account or password, please notify us immediately. You are responsible for any activity on your Account at Draftium.com. Thus, we are not liable for any acts or omissions by you in relation to your Account.

Draftium hereby reassures users of its Services that any personal information uploaded to the Account shall not be disclosed to third parties unless the disclosure is claimed by legal bodies as a result of law infringement.

1.3. Minors

Children under 13 years of age are not permitted to use Draftium. Children from 13 to 18 years old are not permitted to use the Website unless they have received permission from a parent or legal guardian.

2. Content

2.1. Users’ Intellectual Property

Subject to the Agreement between Draftium and You, you shall own all the content uploaded or created by you, including but not limited to any texts, photos, images, music, videos, etc. unless the content is the property of Third Parties or has been uploaded from any publicly available sources.

2.2. Third-Party Intellectual Property

You may use Third Party content, including but not limited to images, videos, fonts, audio, on your website only after getting official permission or license from the content owner.

Unless manifestly permitted by the author or content owner, copying, storage, reuse, redistribution, publication or any other form of abuse of copyrightable materials on User Website shall be prohibited.

If you fail to abide by the above regulations, Draftium reserves the right to suspend your User Website for further investigation.

2.3. Content Guidelines

The following types of content are prohibited for publishing on Draftium:
• Adult: pornography, use of pictures, videos and other forms of media files containing nudity in a sexual context and/or exposed genitalia;
• Copyrighted Content: any content protected under Intellectual Property laws that you do not own the rights to;
• Black-Hat SEO/Spam Content: any content the main purpose of which is to gain search engine rankings, likes or provide irrelevant advertisements;
• Illegal Content: any sort of content that may infringe upon current legislation of the United States or other countries;
• Phishing: any sort of content that may induce users to provide their personal data for inappropriate use that may be harmful to them or illegal;
• Scams: dubious schemes (e.g. financial pyramids) that promise getting-rich-quick;
• Harmful Content: any content that may be harmful to health of its users, for example, the one causing seizures;
• Illegal Products Promotion: content referring to promotion or advertising of products the sale of which is prohibited or restricted under current legislation, including weapons, drugs, counterfeit goods, stolen items, items that violate privacy rights or may be considered offensive.

Draftium reserves the right to suspend or terminate any Account involved in posting the above-mentioned types of content.

2.4. Draftium Intellectual Property

Draftium and its Services are protected by copyright, trademark and other proprietary rights of Draftium. Thus, any content provided by Draftium is protected by Intellectual property laws, unless it has been uploaded by Users or Third Parties.

Unless manifestly permitted by Draftium, third party authors, users, or intellectual property laws, copying, storage, reuse, redistribution, publication or any other form of abuse of copyrightable materials shall be prohibited without referring to initial source.

By complying with Draftium’s Terms of Use and by making timely payments of all applicable fees, you are granted a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Draftium Services and Licensed Content, to create and demonstrate your User Prototype and offer your User Products or Services therein, as permitted by Draftium Terms of Use. Nothing in the Draftium Terms may be interpreted as a waiver of Draftium’s Intellectual Property rights under any law.

2.5. Featuring Your Content

By using this Website, you agree that Draftium may use your completed User Prototypes or some portion thereof for Draftium promotional and marketing activities, e.g. by featuring them on our Website or in marketing campaigns.
If you do not want your User Prototypes to be used for these purposes, please contact us at moc.muitfard%40troppus. We’ll remove your Prototypes from any promotional or marketing activities run by Draftium.

3. Privacy

Draftium may require you to submit certain personal information that will be collected and used exclusively for the purposes of our Website. By using this Website, you agree to the use and collection of personal information, including processing and storage of such information in other countries and transfer between them by Draftium and its affiliates. Read Draftium Privacy Policy to find out more about how we collect, store and use your personal information and what measures we take to protect your privacy.

4. Service Fees

4.1. Purchases and Payments

All Users may have limited access to Draftium functionality for free. This does not envision any hidden payments or obligations.
Users can buy Pro templates from the collection of 200+ niche-specific prototypes. Users may also subscribe to the Pro version of Draftium, which will give access to the unlimited use of any Pro templates available at draftium.com.
The current price of certain Pro templates and the subscription is available on Draftium Website. 
Fees for Draftium Services are firm and do not contain any hidden fees. If your bank account or account in the payment system of your choice has been debited with the amount higher than the fee listed on the Website, the difference might be the result of transaction fees or other fees required by your bank or payment system. You hereby agree that Draftium isn’t in any way responsible or liable for additional fees arising from the use of bank or payment systems services. Thus, in case of any deficiencies in the payment amount, please contact your bank or payment system.
Once your payment is confirmed, Draftium will send you a payment confirmation stating the amount due as well as all the details of your purchase. A formal invoice from Draftium may be issued only on demand. If you want to receive it, please email us at moc.muitfard%40troppus.
Apart from that, you may be sent any kind of payment confirmation by your bank or payment system. All the prices for Paid Services are listed in U.S. Dollars unless stated otherwise.
If auto-renewal payment for your subscription plan fails, ensure that all of these requirements are met. Your card has sufficient funds to cover the payment.Your credit card hasn't expired.Your credit limit is sufficient for processing the payment.The payment details that you entered at checkout match your actual card information.
If all the requirements are satisfied, but payment attempts don’t stop, contact your bank or payment system to figure out the reason for the payment failure. 
If you don’t solve this issue within 10 days after the invoice due date, we’ll be obliged to cancel your subscription and suspend your site. Please authorize the needed payment yourself or contact us at moc.muitfard%40troppus for more details.

4.2. Taxes

All fees listed at Draftium don’t include any applicable federal, national, local or other taxes. All applicable taxes will be added to the fees for requested Services and will be indicated in an invoice you are to receive upon confirmation of payment for a certain Paid Service.

4.3. Draftium Subscription Auto-Renewals

To provide you with uninterrupted and flawless experience with Draftium Pro Account, we use automatic renewals of subscription for our Services. Thus, you will be charged the applicable Fee for our Services for a renewal period equal to the original subscription period for such Services through the same payment method you have used in making the original payment.
For example, if your original subscription period is one month, each renewal period will be equal to one month. If you don’t cancel the subscription for Draftium Services, Draftium will automatically renew the subscription when the period of a previous subscription ends and charge all the applicable Fees.

4.4. Refund Policy

If you are not satisfied with the quality of Draftium paid services or for any other reasons you may claim your money back within fourteen (14) days following the day of purchase without any limitations or restrictions.
If you want to ask for a refund, please contact our setup experts at moc.muitfard%40troppus.
This provision does not apply to the following cases: (a) if you’ve failed to comply with our Content Guidelines, referred to in paragraph 2.1 above, or have been accused of breaking any laws with your content; (b) if you have purchased Third Party Services subject solely to Third-Party Terms and Conditions, which waive Draftium of any obligations or liabilities; (c) if you have asked for the refund after publishing a prototype based on a Pro template.

4.5. Fees Change

Draftium fees may be changed at any time. In case of any Fee changes, you will be notified thereof in advance. New fees will be applicable only to future payments. If you don’t agree to a Fee Change, you may cancel the subscription for a Paid Service at any time before the next payment date.

4.6. Chargebacks

If at any time upon purchasing a Paid Service you contact your bank or credit card company asking to decline, chargeback or otherwise reverse the payment due to Draftium, this will be considered a breach of your obligations, resulting in disabling or terminating your Account. Any data stored in such Account may be removed permanently.
If a chargeback has been performed by mistake, please contact our setup experts at moc.muitfard%40troppus.

4.7. Fees for Third Party Services

Third Party Services purchased on Draftium are subject to third-party refund and cancellation policies. The applicable policies can be accessed during the purchase process through the link to the terms and conditions of the purchase. We recommend you read them prior to completing the purchase, as we don’t guarantee refunds for Third Party Services.

5. Permanent and Temporary Subscription Plans

5.1. Permanent Subscription Plans

Our permanent plans are annual Pro and Free subscription plans. We reserve the right to change the price of these plans. For permanent plans, we provide special seasonal discounts that we deliver on our official communication channels.

5.2. Temporary Subscription Plans

Temporary subscription plans are all the other plans created artificially to promote Draftium services. These plans can be limited in time, available only for our partners, or presented on particular platforms.  Appsumo deal holders or other lifetime deal customers have discounts only on permanent subscription plans. Special seasonal discounts that can be used to purchase permanent subscription plans don’t apply to temporary plans.

6. Cancellation Policy

6.1. Cancellation by User

You may delete your Account or cancel Draftium Services at any time by contacting our setup experts at moc.muitfard%40troppus. We will process your cancellation request and will terminate the Account within one (1) working day.
To avoid the next auto-renewal payment, we recommend disabling your Account at least 24 hours before the expiry of the current subscription period.

6.2. Cancellation by Draftium

Draftium has the right to suspend or terminate any Account or deny access to any of Draftium Services at any time due to the User’s failure to comply with our Content Guidelines, referred to in paragraph 2.1 above or when requested by the court or legal bodies in case of law infringement by the User.
The Account may be renewed if the problem having caused the suspension or termination has been resolved or if the prohibited content has been removed from the Account.
Also, we reserve the right to suspend your account and delete it after 10 days of the suspension date if you don’t have a Pro account and haven’t used Draftium for more than 6 months. In that case, you’ll get alarm messages and have 10 days to prevent your account from being locked. To do so, just sign in to Draftium to let us know that you’re interested in our service.

7. Third Party Services

Draftium may provide you with a number of Third Party Services, such as domain registrars, website building tools, applications, design services, and other services.
In terms of Third Party Services, Draftium acts solely as an intermediary and is not responsible or liable for Services provided by Third Parties. Thus, Draftium will not in any way be involved in transaction, communication or any other interaction with Third Parties.
Draftium may recommend using certain Third Party Services for better user experience and for extension of Draftium Services. You hereby agree to use Third Party Services exclusively at your own risk. Any Services rendered in such a manner shall be subject to such legal terms as stipulated by Third-Party Terms and Conditions. We recommend reading them carefully before engaging in any activity with Third Parties.

8. Limitation of Liability

Under no circumstances shall Draftium, its officers, directors, shareholders, employees, affiliates and/or agents be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages, resulting from (a) any aspect of your use of the Website, whether the damages result from use or misuse of the Website, from failure to use the Website, or the interruption, suspension, modification, alteration, or termination of the Website, (b) use of any Services or products obtained through or advertised in connection with the Website or any external links on the Website, (c) use of any information or advice obtained through or advertised in connection with the Website or any external links on the Website, (d) errors, mistakes, or inaccuracies of or in any content, (e) events beyond the reasonable control of Draftium. These limitations shall apply to the fullest extent permitted by law.

9. Law and Jurisdiction

To the maximum extent permitted by law, this agreement is governed by the Laws of the United States of America and state laws of Florida, and you hereby consent to the federal or state Courts of Florida, US being the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the Draftium Website and/or Services.
In case of any disputes arising from the use of Draftium and/or its Services, we will take any measures to resolve the dispute in an amicable manner. You hereby agree to try to resolve a dispute by first contacting us via .moc.muitfard%40lagel We'll try to resolve the dispute informally by contacting you via email, phone or another means of communication. Failing to resolve the dispute within thirty days of the receipt of your first notification outlining the problem, the case may be referred to the federal or state courts of Florida, US.

10. Changes and Updates

Draftium may occasionally change and update these Terms of Use, and undertakes to post the most current version on the site. If a change or update limits your rights or options in any way, we’ll notify you thereof as soon as possible. The notice will stipulate a period after which the new terms will come into force but not earlier before new Terms of Use are published on the Website. Neither changes nor updates will ever apply retroactively. By continuing to access or use the Website and/or any Services rendered by Draftium after any changes or updates become operative, you agree to be bound by new Terms of Use. Should you disagree with our changes or updates, please cease to use the Website and its Services.

11. Notices

We may send you relevant notices using one of the following methods: (a) via the Draftium Services, including by a banner or pop-up, push notification within the Draftium Website, Account or elsewhere; (b) by e-mail, sent to the e-mail address you provided us; and/or (c) by phone numbers provided in your Account; (d) by letters sent to physical addresses that you provided in your Account; (e) using any other ways of communication available in your Account.
Draftium’s notice to you will be considered as received and operative within twenty-four (24) hours after it was sent or published by any of the above-mentioned ways unless the notice indicates otherwise.

12. Legal Address

For correspondence and other purposes, please find below our legal address:JETIMPEX, INC.525 NE 14 Avenue,Fort Lauderdale,FL 33301United States

13. Support

Should you have any further questions regarding the use of Draftium or its Services, contact our setup experts at moc.muitfard%40troppus or call us: +18449325486 or +18559325486. We would be glad to clear things up for you!

14. Translation

These Terms of Use were originally written in English (US). We may at some point translate these Terms of Use into other languages. If a translated version will somehow conflict with the English version, the latter shall prevail.

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