SIGNATURIZE – ACCOUNT TERMS

Signaturize is made available by Signaturize Limited, a company registered in England with company number 11520841 whose registered office is at The Refinery, 13 Radnor Walk, Chelsea, London, United Kingdom, SW3 4BP (referred to as “we” “us” and “our” in these Terms). Our main trading address is Cranmore House, Suite D, 611 Lisburn Rd, Belfast, BT9 7GT. Our VAT number is 317288293. We operate the website https://www.signaturize.com/ (the “Website“) and the Signaturize Mobile App (the “App“).

These account terms (these “Terms“) set out how you can register an account (the “Account“) and use the services provided by Signaturize available to account holders either via the App and the Website. These Terms govern your use of your Account and the Services (as defined below). Please read these Terms carefully before registering for an Account.

The Account is intended for use by consumers only i.e. for individuals acting for purposes that are wholly or mainly outside of their trade, business, craft or profession. By registering for an Account and accepting these Terms, you represent to us that you are acting as a consumer and not for purposes relating to your trade, business, craft or profession. References to “you” or “your” mean you, the person registering for an Account.

These Terms are only available in the English language and we will not file the contract that forms between you and us.

  1. DEFINITIONS AND INTERPRETATION
    1. The following definitions apply to these Terms:

Account” has the meaning set out above;

App” has the meaning set out above;

Applicable Law” means in respect of either Party, all laws, statutes, regulations, directions, guidelines and codes of conduct of any governmental or other regulatory body of competent jurisdiction, and any orders of any court or other tribunal of competent jurisdiction which are applicable to the performance by that Party of its obligations or enjoyment of its rights under these Terms;

EULA” has the meaning given to it in clause 2.3.2;

Intellectual Property Rights” means any and all present and future, patents, inventions, know-how, trade secrets and other confidential information, trademarks, service marks, logos, emblems, badges, mascots, insignia, identifying music and sounds, get-up, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, the sui generis rights of extraction relating to databases, design rights and other intellectual property rights of whatever nature, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;

Party” means each of you and us;

Project Design” means the electronic version of a Project;

Project” the design of a living space using virtual reality via the App or the Website;

Services” means the services made available by us via the App and the Website;

Signaturize IPRs” has the meaning given to it in clause 4.1;

Terms” has the meaning set out above;

Website” has the meaning set out above; and

Website Terms of Use” has the meaning given to it in clause 2.3.1.

  1. account registration
    1. You can register for an Account either via the Website or the App. To register an Account, you will need to provide us with certain information (such as your name and e-mail address), create a password and follow the instructions.
    2. Your application to register an Account is an offer by you to take an account with us. After you place your order, you will receive an e-mail from us acknowledging your order and confirming whether we have accepted your offer. If we accept your offer, a contract will be formed on these Terms between you and us in respect of your Account.
    3. Please note that:
      1. your use of the Website will also be governed by our website terms of use (available here) (the “Website Terms of Use“);
      2. your use of the App will also be governed by our end user licence agreement (available here) (the “EULA“);
      3. the Website uses cookies, the use of which are governed by our cookies policy (available here); and
      4. we only use your personal information in accordance with our privacy policy (available here).
  2. THE SERVICES
    1. We shall make the services set out in this clause 3 available to you once you have registered for an Account. The services may change from time to time, and any material changes to the nature of the services available shall be changed in accordance with the process set out in clause 6 below.
    2. You may use your Account to:
      1. view, copy, and manipulate inspirational Project Designs provided by us;
      2. create, view, copy, and manipulate your own Project Designs;
      3. share Project Designs, and collaborate on them, with other account holders; and
      4. view listings for real world products that are similar to some of the elements in your Project Design.
  3. intellectual property rights

Signaturize IPRs

    1. Save as set out in clause 4.6, the Parties agree that any and all Intellectual Property Rights and related goodwill:
      1. arising anywhere and anyhow which vest in, derive from or are connected to the Services (including any and all related software, source code and technology);
      2. in the “Signaturize” name and marks; and
      3. arising anywhere and anyhow which vest in, derive from or are connected to the visualisation assets provided by us in the service (including but not limited to 3D models, images, and textures), and any other digital depictions of physical objects or spaces using the App or Website or otherwise provided in the provision of the Services,

(together, the “Signaturize IPRs“) shall in each case be owned exclusively by us.

    1. We hereby grant you a limited, revocable, non-transferable, non-exclusive licence to use the Signaturize IPRs solely in connection with your use of the Services during the period of your Account in accordance with these Terms.

Project IPRs

    1. The Parties agree that any and all Intellectual Property Rights and related goodwill arising anywhere and anyhow which vest in, derive from or are connected to the Project Designs (the “Project IPRs“) shall in each case by owned exclusively by us.
    2. The Parties agree that we may share Project IPR for marketing purposes and/or with other members of the Signaturize Community.
    3. The Parties agree that any ideas, suggestions, or concepts provided to Signaturize for product improvement or enhancement are provided to Signaturize on a worldwide, perpetual, royalty-free basis. Signaturize may choose to implement or not implement any suggestion and, such suggestions, while greatly appreciated, become the property of Signaturize, and trigger no obligation to compensate you.

Materials you upload

    1. You shall retain ownership of any Intellectual Property Rights vesting in any materials you upload using the Services (the “Uploaded Material“). You hereby grant us an irrevocable, transferable, perpetual licence to use the Intellectual Property Rights in the Uploaded Materials for the purposes of providing the Services.

Other restrictions

    1. Except for the rights and licence granted in these Terms, we reserve all other rights and grant no other rights or licences, implied or otherwise. We are entitled to use all Intellectual Property Rights owned by us for any purpose whatsoever.
    2. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit the Signaturize IPRs or the Product IPRs without our express written permission.
    3. You are expressly prohibited from any use of data mining, robots or similar data gathering and extraction tools in your use of the App, the Service and the Website.
  1. your obligations
    1. You agree that you:
      1. shall not use the Services to develop or provide, directly or indirectly, any product or service that competes with our business;
      2. shall not use the Services in any way which might infringe any third party rights, including third party Intellectual Property Rights;
      3. shall not use the Services in any way that is contrary to Applicable Law;
      4. shall not modify, decompile or reverse engineer any software supplied as part of, or in connection with, the Services;
      5. are not permitted to use the Services by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Services for use within a third party website or application;
      6. shall co-operate with us in all matters relating to the Services;
      7. shall provide us with such information and materials as we may reasonably require in order to provide the Services and ensure that such information is complete and accurate in all material respects;
      8. shall not abuse the Service, Website and/or App or use any of them for any unlawful or unauthorised purpose (which includes transmitting any computer viruses, or using them in a manner which is discriminatory, offensive, abusive, malicious, defamatory or otherwise violates or infringes the rights of anyone else);
      9. shall not use the Service, Website and/or App for commercial purposes;
      10. shall not use the Service in any way that is contrary to Signaturize’s public image, goodwill, or reputation;
      11. shall not express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
      12. shall not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
      13. shall not test or develop any third-party integrations with the Service without our express written permission;
      14. shall not “frame” or “mirror” any part of the Service without our prior written consent;
      15. shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
      16. shall not execute any form of network monitoring or run a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between or with the Service servers or any data not intended for you;
      17. shall not gain, or attempt to gain, unauthorised access to the Service, the server on which the Service operates, or any server, computer or database connected to the Service;
      18. acknowledge that any elements of Design Projects may not accurately represent the dimensions or texture of the suggested physical products; and
      19. acknowledge that any dimensions or colours viewed and understood as a part of the service should be treated as only approximate and should be cross-checked and validated by you before any decisions are made that may result in a cost being incurred to you or a third party or as a result of your actions.
    2. You represent that:
      1. you own, or have a licence to use, all rights (including Intellectual Property Rights) in all Uploaded Materials;
      2. you shall comply with Applicable Law in relation to the exercise of your rights, and fulfilment of your obligations, under these Terms.
    3. We shall endeavour to provide constant, uninterrupted access to the Services. However, please note that:
      1. we may suspend, withdraw, discontinue or change parts of the Services without notice provided that it does not affect the overall provision of the Services to you;
      2. the Services may not be uninterrupted, timely, secure or error-free; and
      3. from time to time we may need to close the App, the Website and/or the Services and suspend the Services to carry out upgrade and/or maintenance.

User Generated Content

    1. If it is the case that you supply/upload any content to the App – whether it be pictures, text, sound recordings or whatever – the content you supply (“User Generated Content“) must comply with the following rules:
      1. it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
      2. it must not harass or bully another person;
      3. it must be true and honest so far as you know;
      4. it must not be defamatory of anyone;
      5. it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
      6. it must not contain someone else’s personal details or confidential information relating to other people; and
      7. it must not promote or condone terrorism, violence or illegal behaviour.
    2. We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
    3. In addition, we may from time to time provide interactive services on the App that shall enable you to upload User Generated Content, including, without limitation:
      1. comment facilities;
      2. chat rooms; and/or
      3. bulletin boards,

(together “Interactive Services“).

    1. Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
    2. The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
  1. OUR Right to vary these Terms
    1. We may amend or add to these Terms as they apply to your Account from time to time, provided that:
      1. we shall provide you with at least seven days’ notice in advance of such revision; and
      2. if you are dissatisfied with such revision, you may cancel your Account in accordance with the process set out in clause 7.1 below.
  2. TERMINATIOn

Your rights to terminate

    1. You may cancel your Account by notifying us in accordance with clause 11. Your Account will then be cancelled by us.

Suspension and termination by us

    1. We may terminate your Account at any time with immediate effect without compensating you by giving written notice to you if you:
      1. breach any term of these Terms, the Website Terms of Use and/or the EULA and fail to remedy such breach (if remediable) within seven days of notice by us to you, and we shall suspend access to the Services until the earlier of: (a) such breach being remedied to our reasonable satisfaction; and (b) termination of these Terms by us; or
      2. we reasonably believe that your use of the Services is infringing or is likely to infringe any third party rights or you are in any other way committing fraudulent activity in the use of the Services; or
      3. you verbally, physically, in written form or otherwise abuse (including threats of abuse or retribution) of any Signaturize customer, employee, member, or officer.
    2. We may also suspend or terminate your Account at any time with immediate effect if we cannot provide the Services to you due to technical or operational reasons outside of our control.
    3. We may cancel your Account at any time by giving you at least seven days’ notice in writing.
  1. OUR LIABILITY
    1. Nothing in these Terms excludes or limits our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation; and
      3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
    2. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the App.
    3. Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
    4. You agree not to use the Services for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    5. Save as set out in clause 8.1 above, our maximum liability to you under these Terms is limited to £100.
  2. Other important information
    1. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
    2. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    3. If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
  3. Governing law and jurisdiction
    1. These Terms are governed by English law. This means that your access to, and use of, the Services, and any dispute or claim arising out of or in connection therewith will be governed by English law.
    2. You may bring any dispute which may arise under these Terms to – at your discretion – either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court – competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State, or otherwise the competent court of England.
    3. As a consumer, if you are resident in the European Union and we direct the Services to the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 10.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
  4. Contacting us

Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:

Address: The Refinery

13 Radnor Walk

Chelsea

London

United Kingdom

SW3 4BP

Email address: support@signaturize.com

Telephone number: +44 (0) 20 3051 2775

Thank you.

Terms last updated 29th May 2020