Terms of service — UXPin

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• B2b only Report an error

  “THE SERVICE RENDERED BY UXPIN ON THE SITE IS DEVELOPED AND OFFERED SOLELY ON BUSINESS TO BUSINESS BASIS.”

• User seats Report an error

  “Subscriber must create User Seats for each further user of the Account so that each of the team members could use the Account’s functionalities in their own name. The number of User Seats may be limited subject to the chosen Subscription Plan”

• Free trial Report an error

  “UXPin allows potential Subscribers to apply to try the Service free of charge for seven (7) days, subject to any extension Subscriber may qualify for, as determined by UXPin (a “Free Trial”).”

• Billing schedule Report an error

  “All charges associated with Subscriber’s access to and use of the Service (“Payment”) are due according to a monthly or yearly pre-payment schedule that automatically charges Subscriber.”

• Currency Report an error

  “All fees are payable in U.S. Dollars.”

• Taxes Report an error

  “Unless otherwise stated, UXPin’s charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes”

• Invoices Report an error

  “The Subscriber agrees that all invoices issued by UXPin in relation to the Service and Subscription Plan, shall be issued solely in an electronic form (PDF) and sent to the email address indicated by the Subscriber.”

• Channels Report an error

  “UXPin shall provide during the Term reasonable technical support to Subscriber regarding the use of the Service during UXPin’s normal business hours (which currently are and 9am – 5pm Pacific Standard Time and 8am - 5pm Central European Time, but may be changed from time to time) via e-mail sent to hello@uxpin.com.”

• Complaint SLA Report an error

  “Such complaints shall be dealt with by UXPin during normal business hours (which currently are and 9am – 5pm Pacific Standard Time and 8am - 5pm Central European Time, but may be changed from time to time) via e-mail sent to the Subscriber, no later than within five (5) days from delivery of such complaint.”

• Ownership Report an error

  “As between the parties, Subscriber shall own all right, title and interest in and to Subscriber Data.”

• Backup retention Report an error

  “Such autobackups may be retained for up to twelve (12) months from the date of their creation, after which they may be permanently deleted without notice.”

• Deletion after termination Report an error

  “Subscriber Data might be removed permanently 30 days after subscription termination or cancellation. Subscriber Data can be removed immediately per Subscriber request.”

• AI features Report an error

  “Certain Service capabilities are powered by third-party artificial intelligence (AI) providers. Use of AI features is governed by our”

• Third party integrations Report an error

  “The Service may include features or functionality that interoperate with online services operated by third parties (such services, “Third Party Services”), pursuant to agreements between UXPin and the operators of such Third Party Services (such agreements, “Third Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third Party APIs”)”

• Planned downtime Report an error

  “UXPin will use commercially reasonable efforts to schedule Planned Downtime for nights, weekends and other off-peak hours (Pacific Standard Time Zone).”

• Governing law Report an error

  “These Terms shall be governed by, and construed in accordance with, the laws of the State of California, without reference to conflicts of laws principles.”

• Jurisdiction Report an error

  “The parties agree that the state and federal courts in Santa Clara County, California will have exclusive jurisdiction and venue under these Terms”

• Liability cap Report an error

  “IN NO EVENT WILL UXPIN’S AGGREGATE LIABILITY AND DAMAGES IN CONNECTION WITH THESE TERMS EXCEED THE AGGREGATE PAYMENTS MADE BY SUBSCRIBER TO UXPIN HEREUNDER DURING THE TWELVE MONTHS PRECEDING THE DATE OF THE CLAIM.”

• Cancellation notice Report an error

  “Either Subscriber or UXPin may elect to terminate Subscriber’s Account and subscription to the Service as of the end of Subscriber’s then current Subscription Term by providing notice, in accordance with these Terms, on or prior to the date two (2) days preceding the end of such Term.”

• Auto renewal Report an error

  “SUBSCRIBER’S SUBSCRIPTION PLAN WILL AUTOMATICALLY CONTINUE AND SUBSCRIBER AUTHORIZES UXPIN (WITHOUT NOTICE, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES”

• Termination charges Report an error

  “Subscriber must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term.”

• Export controls Report an error

  “The Service, and other components or software of the Service, which UXPin may provide or make available to Subscriber, may be subject to U.S. export control and economic sanctions laws.”

• Usage scope Report an error

  “solely: (i) for Subscriber’s own use for purposes of creating a user experience design or wireframe, saving and downloading the design or wireframe and sharing it with third parties via hyperlinks”

• Restrictions Report an error

  “use the Service to develop a competitive service or product offering”

• License to uxpin Report an error

  “Subscriber hereby grants UXPin a non-exclusive, worldwide license to use, reproduce, modify, create derivative works of, display, perform and transmit the Subscriber Data in connection with UXPin’s operation of the Service”

• Consumers Report an error

  “UXPIN PROVIDES THE SERVICE ONLY FOR BUSINESS OR PROFESSIONAL PARTNERS AND REFRAINS FROM PROVIDING THE SERVICE TO THE CONSUMERS”

• Effective date Report an error

  “Effective Date: May 24, 2018”

• Entity assignment by signup date Report an error

  “Subscribers who subscribed after November 25, 2016 are being served by UXPin Inc., and all Subscribers who subscribed before that date are served by UXPin Sp. o.o.”

• Terms document access Report an error

  “FULL TEXT OF THESE TERMS IS AVAILABLE AT THE SITE AND EACH SUBSCRIBER IS FULLY ENTITLED TO DOWNLOAD, STORE AND RECORD THESE TERMS.”

• Terms amendments Report an error

  “An amendment of these Terms shall be binding upon the parties so long as it is in writing and executed by both parties or is presented by UXPin electronically through the Service and accepted in “click-to-agree” form by Subscriber.”

• Ip ownership Report an error

  “As between the parties, UXPin owns all right, title and interest (including all Intellectual Property Rights) in and to the Service (including without limitation all underlying source code, algorithms and models)”

• Feedback assignment Report an error

  “Subscriber agrees to assign and hereby does assign all right, title and interest in and to such Feedback to UXPin and acknowledges that UXPin may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties”

• Account usage data Report an error

  “As between the parties, UXPin shall own all right, title and interest in and to all data collected by UXPin in connection with the operation of the Service and Subscriber’s use thereof (“Usage Data”).”

• Inapp messaging Report an error

  “UXPin may communicate with Subscriber using the e-mail provided by Subscriber during Registration or using the messaging options within the Service (in-app messaging).”

• Suspension triggers Report an error

  “UXPin reserves the right to temporarily suspend Subscriber’s access to and use of the Service: (i) during planned downtime for upgrades and maintenance to the Service, of which UXPin will use commercially reasonable efforts to notify Subscriber in advance via e-mail or through the Service (“Planned Downtime”); (ii) if UXPin suspects or detects any Malicious Software”

• Account sharing prohibited Report an error

  “more than one person attempts to access a Subscriber’s Account using the same Login Credentials”

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