Terms of Use • UXmockup

Terms and Conditions

Last updated: October 16, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings definedunder the following conditions. The following definitions shall have the samemeaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic device, named UXmockup
Application Store means the digital distribution service operated and developed by Adobe Inc. (Creative Cloud Desktop Marketplace and Adobe Exchange) from which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Canada
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to HaptUX Inc., 4669 Grosvenor Av., Montreal PQ, H3W 2L9, Canada.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Goods refer to the items offered for sale on the Service.
In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application or the Website or both.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to UXmockup, accessible from https://www.uxmockup.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of andcompliance with these Terms and Conditions. These Terms and Conditions applyto all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms andConditions. If You disagree with any part of these Terms and Conditions thenYou may not access the Service.

You represent that you are over the age of 18. The Company does not permitthose under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paidSubscription. You will be billed in advance on a recurring and periodic basis(such as daily, weekly, monthly or annually), depending on the type ofSubscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew underthe exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settingspage or by contacting the Company. You will not receive a refund for the feesYou already paid for Your current Subscription period and You will be able toaccess the Service until the end of Your current Subscription period.

If the Subscription has been made through an In-app Purchase, You can cancelthe renewal of Your Subscription with the Application Store.

Billing

You shall provide the Company with accurate and complete billing informationincluding full name, address, state, zip code, telephone number, and a validpayment method information.

Should automatic billing fail to occur for any reason, the Company will issuean electronic invoice indicating that you must proceed manually, within acertain deadline date, with the full payment corresponding to the billingperiod as indicated on the invoice.

If the Subscription has been made through an In-app Purchase, all billing ishandled by the Application Store and is governed by the Application Store’sown terms and conditions.

Fee Changes

The Company, in its sole discretion and at any time, may modify theSubscription fees. Any Subscription fee change will become effective at theend of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change inSubscription fees to give You an opportunity to terminate Your Subscriptionbefore such change becomes effective.

Your continued use of the Service after the Subscription fee change comes intoeffect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

If the Subscription has been made through an In-app purchase, the ApplicationStore’s refund policy will apply. If You wish to request a refund, You may doso by contacting the Application Store directly.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Freetrial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free trial.

If You do enter Your billing information when signing up for a Free Trial, Youwill not be charged by the Company until the Free trial has expired. On thelast day of the Free Trial period, unless You cancelled Your Subscription, Youwill be automatically charged the applicable Subscription fees for the type ofSubscription You have selected.

At any time and without notice, the Company reserves the right to (i) modifythe terms and conditions of the Free Trial offer, or (ii) cancel such Freetrial offer.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products,services or Subscriptions.

More information about how you may be able to manage In-app Purchases usingyour Device may be set out in the Application Store’s own terms and conditionsor in your Device’s Help settings.

In-app Purchases can only be consumed within the Application. If you make aIn-app Purchase, that In-app Purchase cannot be cancelled after you haveinitiated its download. In-app Purchases cannot be redeemed for cash or otherconsideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once ithas been successfully downloaded, we will, after becoming aware of the faultor being notified to the fault by You, investigate the reason for the fault.We will act reasonably in deciding whether to provide You with a replacementIn-app Purchase or issue You with a patch to repair the fault. In no eventwill We charge You to replace or repair the In-app Purchase. In the unlikelyevent that we are unable to replace or repair the relevant In-app Purchase orare unable to do so within a reasonable period of time and without significantinconvenience to You, We will authorize the Application Store to refund You anamount up to the cost of the relevant In-app Purchase. Alternatively, if Youwish to request a refund, You may do so by contacting the Application Storedirectly.

You acknowledge and agree that all billing and transaction processes arehandled by the Application Store from where you downloaded the Application andare governed by that Application Store’s own terms and conditions.

If you have any payment related issues with In-app Purchases, then you need tocontact the Application Store directly.

Promotions

Any Promotions made available through the Service may be governed by rulesthat are separate from these Terms.

If You participate in any Promotions, please review the applicable rules aswell as our Privacy policy. If the rules for a Promotion conflict with theseTerms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that isaccurate, complete, and current at all times. Failure to do so constitutes abreach of the Terms, which may result in immediate termination of Your accounton Our Service.

You are responsible for safeguarding the password that You use to access theService and for any activities or actions under Your password, whether Yourpassword is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Usimmediately upon becoming aware of any breach of security or unauthorized useof Your account.

You may not use as a username the name of another person or entity or that isnot lawfully available for use, a name or trademark that is subject to anyrights of another person or entity other than You without appropriateauthorization, or a name that is otherwise offensive, vulgar or obscene.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy torespond to any claim that Content posted on the Service infringes a copyrightor other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believethat the copyrighted work has been copied in a way that constitutes copyrightinfringement that is taking place through the Service, You must submit Yournotice in writing to the attention of our copyright agent via email atdmca@uxmockup.com and include in Your notice a detailed description of thealleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees)for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act(DMCA) by providing our Copyright Agent with the following information inwriting (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at dmca@uxmockup.com. Uponreceipt of a notification, the Company will take whatever action, in its solediscretion, it deems appropriate, including removal of the challenged contentfrom the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You orother users), features and functionality are and will remain the exclusiveproperty of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both theCountry and foreign countries.

Our trademarks and trade dress may not be used in connection with any productor service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide theCompany. If for any reason such assignment is ineffective, You agree to grantthe Company a non-exclusive, perpetual, irrevocable, royalty free, worldwideright and license to use, reproduce, disclose, sub-license, distribute, modifyand exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that arenot owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, thecontent, privacy policies, or practices of any third party web sites orservices. You further acknowledge and agree that the Company shall not beresponsible or liable, directly or indirectly, for any damage or loss causedor alleged to be caused by or in connection with the use of or reliance on anysuch content, goods or services available on or through any such web sites orservices.

We strongly advise You to read the terms and conditions and privacy policiesof any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice orliability, for any reason whatsoever, including without limitation if Youbreach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If Youwish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of theCompany and any of its suppliers under any provision of this Terms and Yourexclusive remedy for all of the foregoing shall be limited to the amountactually paid by You through the Service or 100 USD if You haven’t purchasedanything through the Service.

To the maximum extent permitted by applicable law, in no event shall theCompany or its suppliers be liable for any special, incidental, indirect, orconsequential damages whatsoever (including, but not limited to, damages forloss of profits, loss of data or other information, for business interruption,for personal injury, loss of privacy arising out of or in any way related tothe use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with anyprovision of this Terms), even if the Company or any supplier has been advisedof the possibility of such damages and even if the remedy fails of itsessential purpose.

Some states do not allow the exclusion of implied warranties or limitation ofliability for incidental or consequential damages, which means that some ofthe above limitations may not apply. In these states, each party’s liabilitywill be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faultsand defects without warranty of any kind. To the maximum extent permittedunder applicable law, the Company, on its own behalf and on behalf of itsAffiliates and its and their respective licensors and service providers,expressly disclaims all warranties, whether express, implied, statutory orotherwise, with respect to the Service, including all implied warranties ofmerchantability, fitness for a particular purpose, title and non-infringement,and warranties that may arise out of course of dealing, course of performance,usage or trade practice. Without limitation to the foregoing, the Companyprovides no warranty or undertaking, and makes no representation of any kindthat the Service will meet Your requirements, achieve any intended results, becompatible or work with any other software, applications, systems or services,operate without interruption, meet any performance or reliability standards orbe error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’sprovider makes any representation or warranty of any kind, express or implied:(i) as to the operation or availability of the Service, or the information,content, and materials or products included thereon; (ii) that the Servicewill be uninterrupted or error-free; (iii) as to the accuracy, reliability, orcurrency of any information or content provided through the Service; or (iv)that the Service, its servers, the content, or e-mails sent from or on behalfof the Company are free of viruses, scripts, trojan horses, worms, malware,timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warrantiesor limitations on applicable statutory rights of a consumer, so some or all ofthe above exclusions and limitations may not apply to You. But in such a casethe exclusions and limitations set forth in this section shall be applied tothe greatest extent enforceable under applicable law.

Third Party License

ShowdownJS
MIT License

Permission is hereby granted, free of charge, to any person obtaining a copyof this software and associated documentation files (the “Software”), to dealin the Software without restriction, including without limitation the rightsto use, copy, modify, merge, publish, distribute, sublicense, and/or sellcopies of the Software, and to permit persons to whom the Software isfurnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in allcopies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS ORIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THEAUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHERLIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THESOFTWARE.

XMLDOM JS
MIT License

The above copyright notice and this permission notice shall be included in allcopies or substantial portions of the Software.

JS-BASE64

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of {{{project}}} nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall governthis Terms and Your use of the Service. Your use of the Application may alsobe subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first tryto resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatoryprovisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “CommercialItem” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that issubject to the United States government embargo, or that has been designatedby the United States government as a “terrorist supporting” country, and (ii)You are not listed on any United States government list of prohibited orrestricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, suchprovision will be changed and interpreted to accomplish the objectives of suchprovision to the greatest extent possible under applicable law and theremaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to requireperformance of an obligation under this Terms shall not effect a party’sability to exercise such right or require such performance at any timethereafter nor shall be the waiver of a breach constitute a waiver of anysubsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made themavailable to You on our Service. You agree that the original English textshall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Termsat any time. If a revision is material We will make reasonable efforts toprovide at least 30 days’ notice prior to any new terms taking effect. Whatconstitutes a material change will be determined at Our sole discretion.By continuing to access or use Our Service after those revisions becomeeffective, You agree to be bound by the revised terms. If You do not agree tothe new terms, in whole or in part, please stop using the website and theService.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: support@uxmockup.com
By visiting this page on our website: https://www.uxmockup.com/contact-us