Terms of Service
Last Updated: 3 Aug, 2020.
Welcome to the Plasmic website (www.plasmic.app) (the “Site”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our websites including plasmic.app and any other websites that we may later own or operate (“Site” or “Sites”); mobile applications (“App(s)”), application program interface(s) (“API(s)”) and our design tool services and other products and services we may later own or operate (collectively called the “Services”).
1. Agreement to these Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
2. Changes to the Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. If you continue to use the Services, you are indicating that you agree to the modified Terms. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
3. Who May Use the Services
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
In order to use certain features of the Services, you must create an account (“Account”) via the Site and become a registered user (“User”). As a User, you may use certain features of the Services as described in Section 4 and you may also create and develop Applications that can be made available via and used with the Services, as described in Section 5. You have to provide us with accurate and complete information and keep it up-to-date. You’ll notify us immediately of any unauthorized use of your Account and you’re responsible for all activities that occur under your Account, whether or not you know about them.
4. Using the Services
The Services offer a browser based tool for user interface design and development work, through which users can produce functional code components. Each design that you work on through the Services is called a “Design” or “Project”. If you are a User, Plasmic provides you (subject to your compliance with the Terms), access to its proprietary tools and design templates (collectively, the “Tools”) to help build your Design through the Services. You can create a Design on your own, or base a Design using the Tools made available by Plasmic through the Services. You may also search for and install certain Applications that are made available via the Services and which can be used in conjunction with the Services.
4.2 Sharing and Permissions
You acknowledge sole responsibility for and assume all risk arising from sharing your Projects or Designs with other individuals. You understand that anyone that has access to your Project or Design can copy and save their own version of the Project or Design and privately edit it.
If you create a Design and/or Project, you hereby grant Plasmic the rights and licenses necessary to make your Design and/or Project available to you, other Users and other visitors to the Services as described above. You hereby grant and agree to grant, or permit Plasmic to grant, other Users of the Services the right to copy, distribute, modify and create derivative works based upon your Project and the Project Content as permitted by the functionality of the Services.
Plasmic has developed and provides access to the APIs that may be used to access the Services or develop Applications in accordance with any instructions and documentation provided by Plasmic (“Documentation”). You may only use the APIs in accordance with the Documentation or as otherwise communicated to you by us. Subject to applicable law, you may not use the APIs to build a service or product that competes with Plasmic. Due to the nature of the Services, we will update the APIs from time to time.
5. Developing Applications for Use on the Services
5.1 Applications, General
As a User, you may develop certain types of applications, such as plugins, component libraries, and code components, that can be submitted to and made available via and published to the Services, for use by yourself or all other Users of the Services (the “Application(s)”). Plasmic provides access to APIs that you may use to develop the Applications, subject to the API terms set forth in Section 4.3 above and any other terms provided by Plasmic governing use of the API.
5.2 Submitting Applications.
You may submit an Application to be made available via the Services by uploading the Application through the User portal on the Services. At the time of submission, you may select who will have access to your Application when it is published. Applications may be used by (i) yourself only, for your own personal use; or (ii) all other Users of the Services, which access you can designate at the time of submission or otherwise via the functionality of the Services. At any time after publishing an Application to the Services, Plasmic reserves the right to remove the Application from the Services for any reason, at its sole discretion.
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7. Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, designs, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services (including without limitation, the Tools); and (ii) “User Content” means any Content that Users (including you) provide to be made available through the Services, including without limitation any Designs and Project Content created by a User (other than the Tools and any other Content that we provide to you) as well as modifications a User makes to another User’s Designs, digital typefonts or font files (“Fonts“), and Applications.
7.1 Ownership and Responsibility of User Content
As between you and Plasmic, you own your User Content - Plasmic does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Plasmic and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Plasmic or any other users on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7.2 Rights in User Content Granted by You
By making any User Content, including Fonts and Applications, available through our Services you hereby grant to Plasmic a limited, non-exclusive, worldwide, royalty-free, transferable license, with a right to sublicense, to access, view, use, copy, modify, publicly display, publicly perform and distribute your User Content to the extent reasonably needed to operate and provide the Services to you, and other Users as the functionality of the Services permits. For example, we can grant other Users the rights to use your Applications.
By uploading any Fonts to Plasmic, the Site or as part of using the Services, and by assenting to a confirmation query that we provide about your rights to use and redistribute Fonts, you are representing and warranting to Plasmic that (a) you own copyright or title in and to the Fonts, or that the owner of the Fonts has granted you a license to distribute copies of the Fonts to others and to sublicense others to use the Fonts; (b) you understand that compliance with the foregoing may require you or your organization to purchase an “extended rights” license or other redistribution license from the font owner for the benefit of your organization or other users, for a particular Font before uploading that Font to Plasmic, the Site or for the Services, and/or for MacOS fonts, inspect restrictions stated in the Font Book/Preview/Show Font Info panel; and (c) you acknowledge that you are solely responsible to determine whether you own or have licensed a scope of rights for Fonts that you upload that permit uploading, redistributing and use of those Fonts by others using the Services and that the failure to do so may expose you to liability to the owner of uploaded Fonts for infringement of any copyright that they own.
Terms of service for Microsoft system fonts generally prohibit any uploading or redistribution of MS system fonts, but note that some may be subject to “extended rights” licenses from Monotype. The required “internal use server license” from Monotype appears to require payment. See https://docs.microsoft.com/en-us/typography/fonts/font-faq, http://catalog.monotype.com/licensing-options.
You understand and agree that you share your User Content (whether your own Designs or your modifications and improvements to another user’s Designs) through the Services at your own risk. Plasmic is not responsible for any ownership or licensing arrangements between you and anyone else that has access to your Designs and/or other User Content on account of your public posting of your Designs and/or User Content. In sharing your Designs and User Content through public posting, it’s your responsibility to spell out the rights that the general public, as applicable, have in connection with their access to and use of your Designs and User Content. Any disputes regarding ownership or licensing of a Design or modifications thereto that have been shared via Public Posting are between you and those parties that have access to such Design or modifications on account of your public posting. We are not responsible for resolving any intellectual property or ownership disputes between you and anyone else that has access to your Designs and/or other User Content an account of your public posting, so you should exercise good judgment when deciding whether or not to participate in the public posting of any of your Designs and/or other User Content.
You acknowledge sole responsibility for and assume all risk arising from developing, submitting, and publishing Applications to the Services, regardless of whether the Application are made available to only yourself or all other Users of the Services.
7.3 Rights in Content Granted by Plasmic
If you are not a registered User, subject to your compliance with these Terms, Plasmic grants you a limited, non-exclusive, non-transferable license to view any Content to which you are permitted access solely for your personal and non-commercial purposes.
If you are a registered User, subject to your compliance with these Terms, Plasmic grants you a limited, non-exclusive, worldwide, non-transferable, non-sublicensable license to access and view the Content (including any User Content as applicable) solely in connection with your permitted use of the Services.
7.4 Data Maintenance and Backup Procedures
In the event of any loss or corruption of any data associated with the Services, Plasmic will use commercially reasonable efforts to restore the lost or corrupted data from the latest backup of such data maintained by Plasmic. EXCEPT FOR THE FOREGOING, PLASMIC WILL NOT BE RESPONSIBLE FOR ANY LOSS, DESTRUCTION, ALTERATION, UNAUTHORIZED DISCLOSURE OR CORRUPTION OF ANY SUCH DATA.
7.5 Deleting Content
You can remove certain User Content through the Services. However, some of your User Content (including, without limitation, posts or comments that have been made on the Project Content associated with public Projects) may not be removed and copies of your User Content may continue to exist on the Services in archive or backup form. However, we may remove or delete your User Content within a reasonable period of time after the termination or cancellation of your Account in accordance with Section 14 (Termination). We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) by emailing us at firstname.lastname@example.org. As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all right, title and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all “moral rights” you may have in the Feedback.
10. General Prohibitions
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, Plasmic’s name, any Plasmic trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Plasmic’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Plasmic’s computer systems, or the technical delivery systems of Plasmic’s providers;
- Attempt to probe, scan or test the vulnerability of any Plasmic system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Plasmic or any of Plasmic’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Plasmic or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Plasmic trademark, logo URL or product name without Plasmic’s express written consent;
- Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or the functionality of the Services;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer or in any way attempt to derive the source code of any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content or User Content to be objectionable, in violation of these Terms or the law. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. Copyright Policy
Plasmic respects copyright law and expects its users to do the same. It is Plasmic’s policy to terminate in appropriate circumstances Users who repeatedly infringe the rights of copyright holders.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
11.1. DMCA Notice and 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 in writing (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 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 firstname.lastname@example.org
12. Links to and Integration with Third Party Websites or Resources
The Services may contain links to third-party websites or resources and may offer integration with such third-party websites or services (For example, we may offer integration with certain Google services). We provide these links and integration functions only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of or integration with any third-party websites or resources.
You agree that Plasmic may identify you or your company and use your company’s logo and trademarks (collectively, the “Marks”) on the Site and in marketing materials to identify you or your company as a user of the Services, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of Plasmic or the Services. If you do not want to allow us the right to use your Marks or identify you or your company you may opt out such marketing requests by emailing us at email@example.com.
15. Warranty Disclaimers
AS BETWEEN YOU AND PLASMIC, THE SERVICES, CONTENT, AND APPLICATIONS MADE AVAILABLE ON THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. If you install and use an Application that is made available on the Services, we make no warranty that the Application will perform its intended function or deliver any expected results, and you acknowledge that you assume all risk arising from use of the Applications.
You will indemnify and hold harmless Plasmic and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms.
17. Limitation of Liability
NEITHER PLASMIC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, TOOLS, OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, TOOLS, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLASMIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL PLASMIC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ANY DISPUTE IN RELATION TO INTELLECTUAL PROPERTY RIGHTS IN A DESIGN OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO PLASMIC FOR USE OF THE SERVICES OR CONTENT, OR IF YOU HAVE NOT HAD ANY SUCH PAYMENT OBLIGATIONS, ONE HUNDRED UNITED STATES DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLASMIC AND YOU.
18. Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
20. Dispute Resolution for Companies
If you are accessing and using the Services on behalf of a company or other legal entity, any claim, cause of action or dispute between the company or other legal entity and Plasmic arising out of or relating to these Terms or the Services and Content will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in Santa Clara County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
21. General Terms
These Terms constitute the entire and exclusive understanding and agreement between Plasmic and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Plasmic and you regarding the Services and Content. If for any reason an arbitrator or court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Plasmic’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Plasmic may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Plasmic under these Terms, including those regarding modifications to these Terms, will be given by Plasmic: (i) via e-mail; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Plasmic’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
22. Accessing Apps
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms are concluded between you and Plasmic, and not with the App Provider, and Plasmic (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Plasmic.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (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 or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Plasmic will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
- You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must also comply with all applicable third party terms of service when using the App.
23. Contact Information
If you have any questions about these Terms or the Services please contact Plasmic at: firstname.lastname@example.org.