Terms of Service Agreement
Last updated: December 9, 2018.
This agreement is between you (the “User” or “you”) and Tailor Brands, Ltd. (“Tailor”, “Tailor Brands”, or “we”). We provide Users with access to our platform that enables Users to create and manage the End Products (as defined below). For our Domain Name Agreement, click here.
These services can be provided through personalized or generalized designs, interaction services or content (collectively, the “Services”) through http://www.tailorbrands.com or any of Tailor’s associated Online Platform (the “Site”) or directly from Tailor and its representatives.
If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms of Service and any other provisions and/or terms and/or otherwise between Tailor Brands and you, the provisions and the terms of these Terms of Service will prevail. Please feel free to contact us with any questions regarding the content of this agreement.
1. Our Designs
a. Platform Purpose – Tailor Brands provides an online platform that assists to create and manage various design assets. Users can use Tailor’s service to create and customize their own logo and other branded items products, such as “branding packages”, “logos”, “brand guidelines”, “letterheads” and “business cards” (collectively, the “End Products” or “ByProducts”).
b. Paid Designs & Services – In order to gain access to certain tools and Services, such as, but not limited to, creating, downloading and/or using your End Products outside of the Site, whether for commercial or personal use, you must pay the Fee stated on the Site. You cannot use any of Tailor’s End Products outside of the Site, whether for commercial or personal use, without paying all applicable and respective Fees in advance. This includes both digital and physical use of the End Products. Please carefully review Section 4 below for additional information.
c. Unpaid Designs – Throughout the process of design, Tailor Brands can show the User different designs and/or design concepts, however the User has no right or license to use or copy any of the designs other than the final one you paid for. This final design will be shown and available for download in the User’s Account. Throughout the process Tailor Brands will also make use of certain symbols, colors, fonts and other design elements (collectively known as “Design Resources”) that can or cannot be used to design the user’s End Product. You cannot use any of these Design Resources individually.
e. Third Party Design Resources – You can use purchased End Products outside of the Site, whether for commercial or personal purposes. Prior to creating and using any End Product, Tailor Brands highly recommends you perform due diligence to determine that the use of the Design Resources is free of any adverse claims and is not subject to any third-party rights. Tailor Brands can also use symbols provided by The Noun Project, a third-party content provider that obtains the symbols from other third-party contributors. All use of these Symbols is AT YOUR OWN RISK. You will abide by all copyright notices, trademark rules, and will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Design Resources not owned by you: (i) without the express prior written consent of the respective owners or (ii) in any way that violates any third-party right. You acknowledge that some fonts and symbols used during the Design Process can be licensed from a third-party provider. Under no circumstances will Tailor Brands be liable in any way for any Design Resources, including, but not limited to, for any loss or damage of any kind incurred as a result of the use of any Materials or any part thereof. You agree that you must evaluate, and bear all risks associated with, the use of any Design Resources, including, without limitation, the existence of any third-party rights that can exist in such resources.
f. Use of Tailor Brands Branding and Design – All of Tailor Brands designs that appear throughout the Design Process, as well as trademarks and service marks, logos, slogans and taglines, are the property of Tailor Brands. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site which are the property of Tailor Brands (the “Materials”). Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this agreement.
2. Accessing your account
a. Account Access – During the Design Process, we will provide you with an access credentials to a personal account on the Site (the “Account”), thereby allowing you access to the designs using one computer at a time through the Site. By opening up an account you agree to receive communication from Tailor regarding your Account, including email messages about your experience with our service, and features you can use. You can opt out from this communication from your Account.
b. Account Information – You agree to fully and accurately provide the information requested by us when setting up your Account and to regularly update such information. Your failure to do so can result in the cancellation of your Account and loss of previously purchased End Products and/or future Services. You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure that all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this agreement.
c. Product Information – Throughout the Design Process you will be providing information to better create your End Product, and you are legally responsible for all information that is used to create your End Product. Tailor Brands is not responsible for the content you provide neither as to the End Product nor as to the Account. You are solely responsible for the accuracy and appropriateness of all data and content of your End Products, logos and brands; including name, taglines and details. Tailor Brands will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies. You further understand that Tailor Brands can decide not to maintain copies of files featuring these designs and can decline at any stage a request to change information.
d. Hosting – You hereby grant Tailor Brands a worldwide, royalty-free, non-exclusive license to host the designs created and warrant that you have all the rights necessary to grant us such license. You are responsible for any content and/or End Products that can be lost or unrecoverable through your use of the Services. You are encouraged to back up your End Products regularly and frequently.
3. User responsibilities
a. Legality of Activity – You accept your sole responsibility for all of your activities using our Site, including content you submit or share via Tailor’s Design Process. You will not use our Services for any illegal purpose. You are responsible for ensuring you do not violate the laws of your jurisdiction, including but not limited to copyright, IP, trademark, design patent and related laws. Tailor Brands can determine in its sole discretion whether or not an Account is in violation of any of its policies. Violation of any of these policies can result in User information tracking with such information being stored to identify the offending user. Offending User can be permanently restricted from holding an account or using the Services. If Tailor Brands reasonably determines that your Account is being used for illegal or fraudulent activity, then your Account can be immediately terminated. We can also report you to law enforcement officials in the appropriate jurisdictions.
b. General – In addition, you agree to all of the following:
1. You hereby confirm that you are at least 18 years of age and will not use Tailor Brands Service or End Products for any unlawful purposes or to conduct any unlawful acts, including fraud, embezzlement, money laundering or to impersonate another person.
2. You will not access the Services through automated fashions or use the Services if you are located in a country embargoed by the U.S. or are on the U.S. Treasury Department’s list of Specially Designated Nationals.
3. You will not imply or claim that you are affiliated with or endorsed by Tailor Brands without our express written permission.
4. You will not access the Services or the Account by any means other than through the interfaces provided by Tailor Brands and you will not attempt to or actually override or sabotage our security. In addition you will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Tailor Brands infrastructure.
5. You agree that Tailor Brands will not be responsible for any loss or damage of any sort, directly or indirectly, incurred as a result of using or clicking any third-party links appearing on our Site.
6.You are not allowed to create End Products using Tailor Brands that are: pornographic, sexually explicit, violent, reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
7. Exhibiting any person depicted in the images provided as part of Tailor Ads End Products (a “Character”) in any way that a reasonable viewer may find offensive, including but not limited to, showing such Character: a) promoting or advertising tobacco products; b) in connection with “adult content”, pornography, adult entertainment services or venues, dating services and or escort services and the like; c) as if he/she are suffering from, or medicating for, a physical or mental illness or condition; e) endorsing or as endorsing a political candidate, party, elected official, or opinion; e) engaging in criminal or immoral activities;
4. Fees and Taxes
a. General – Certain Tailor Brands Services can be subject to payment of fees, one-time or subscription, as determined by Tailor in its sole discretion and notified in relation to such Services (“Fee(s)” or “Paid Tool(s)”). If you wish to use these Paid Tools or use any of Tailor’s End Products outside of the Site, whether for commercial or personal use, you are required to pay all applicable and respective Fees in advance. If you purchase any Services or End Products that we offer for a Fee, you agree to Tailor Brands or our third-party service providers, storing and updating your payment card information. You expressly agree that we are authorized to charge you (i) the stated Fee, (ii) any other Fees for Services you can purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts.
b. Fee Changes – You understand that additional services or End Products that can be introduced in the future can be subject to additional fees. You further acknowledge and approve that Tailor reserves the right to change its Fees at any time, at its sole discretion, upon notice to you if such change affect an existing subscription you own. If you received a discount for a subscription fee, or any other promotional offer for a subscription fee, Tailor will have the right to renew your subscription automatically and without notice at the full applicable Fee.
c. One Time Fee & Refunds – One-time End Product fees are non-refundable. If a User has reason to believe that User was charged on error, User can provide a written notice to our Customer Support and request to cancel User Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of seven (7) days from the Fee payment date, and only if the End Products associated with the Fee have not been downloaded or used outside of the Site, whether for commercial or personal use (“One Time Fee Refund Period”). We will not cancel Fees after that time or after an End Product has been downloaded or used outside of the Tailor Site. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, violations to our Terms of Service and improper usage of the Tailor Brands platform.
d. Subscription Fee & Refunds – If you are dissatisfied with any Tailor Brands Service subject to a Subscription Fees, whether monthly or annual, you can cancel your subscription and provide our Support team with a written request for a refund within seven (7) days of having paid the initial Fee (“Subscription Refund Period”) as long as no design files created using the Service have been downloaded or used outside the platform prior. If you are a customer residing in a jurisdiction that requires a different Refund Period, we will be happy to accommodate these requirements in accordance with applicable laws. If Tailor’s customer support team receives the refund notice during the Subscription Refund Period, you will be refunded with the amount you paid for the Service and Tailor will cancel these Services accordingly. After the Subscription Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that an End Products associated with the Fee has already been downloaded or used outside of the Site, whether for commercial or personal use, and/or that the notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and used, we reserve our right to charge the User who provided such notice for any Tailor Services actually received, as permitted by law. Please note that fees related to domain names services are non-refundable, as further indicated in the Tailor Brand Domain Name Agreement, available here.
e. Tailor Ads & Download Credits – During your use of Tailor Ads you will receive a set number of Download Credits per period based on your subscription plan. Unused Download Credits will not roll-over to the following period at the end of a subscription period. If you cancel your subscription, or if we cancel it for you at your request or for violation of these Terms, you will lose all Download credits you amassed in your account. If you reach your download limit, you can upgrade to a larger plan.
f. Taxes and Currencies – All Fees on the Tailor Platform will be deemed to be in U.S. Dollars, except when and as specifically stated otherwise in writing by Tailor. You have full and sole responsibility for all taxes and fees of any nature associated with our fees and services, including any sales tax related to the purchase or sale of Service and/or the End Products. When buying Services and/or End Products, it is your responsibility to decide whether or not sales taxes apply to a sale and to collect, report and remit the correct amounts to the appropriate authority. Tailor Brands will not be liable for any taxes or other fees to be paid in accordance with or related to the Service and/or End Products. Any tools provided in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with the Services, including any sales tax related to the purchase or sale of Service and/or the End Products. Tailor Brands can be required to collect Value Added Tax of the European Union (“EU VAT”) from non-taxable EU customers, therefore, EU VAT will be charged to these customers on top of our Fees if applicable.
g. Subscription Renewals – In order to make sure that you will not experience interruption or trouble in Tailor’s subscription services due to cancellation lapse of any subscription period, Tailor will try to automatically renew all applicable Subscription Service before it is expired for a renewal period that is equal in time to the original subscription period and/or the updated renewal period we have had on file for you, for such Service, annual or monthly, and automatically charge and collect you the applicable Fees using the payment method you have on file with Tailor (“Renewal Period”). In order to insure no interruptions or loss of services, Tailor reserves the right (but will not be obligated) to collect and charge for the upcoming renewal period up to one (1) week prior to such Renewal Period commences. In the event that Tailor fails to collect the Fees owed by the User, we can, in our sole and absolute discretion (but will not be obligated to), try and recollect at a later time, or/and block or cancel your User Account, with no further notice. Without derogating any of the foregoing, The User will be solely responsible to ensure a successful renewal of the Tailor Services they use. Accordingly, the User will hold the sole for any discontinuation of any Tailor Services previously purchased by them, including due to a cancellation and/or failure to collect the applicable Fees, or due to any Tailor Services not being under our automatic subscription renewals feature. The User acknowledges and agrees that they will not have any claims and/or demands against Tailor with relation to a discontinuation of any Tailor Services or Third Party Services associated with Tailor, for whatever reason.
h. Chargebacks – If the User decides to contact User bank or credit company, or reject the charge of the payable Fees (“Chargeback”), the action will be considered a breach of the User fee payment obligations, and their use of the Tailor Services can be automatically suspended and/or terminated. In such case, Tailor reserves the right to block the User Account without any option to repurchase or re-use it, and any end files and/or data contained in such User Account, including any unfinalized or finalized Designs. Access to the User account will not be regranted until the User pays any applicable owed Fees in full. If the User has any questions or concerns regarding a fee payment collection or attempt made by Tailor, we encourage you to first contact Tailor’s Customer Support team before filing a Chargeback. Tailor reserves its right to dispute any Chargeback received, and provide the relevant credit company, financial institution or bank with any information proving that the User is responsible for the Chargeback and did authorize the transaction to Tailor.
i. Design Vouchers- From time to time, and at its own discretion, Tailor Brands can offer Design Vouchers for sale (“Design Vouchers”). Such Vouchers allow the Customer to purchase End Products or Services for a discounted price (“Design Vouchers Redemption”). Such Design Vouchers can also include an expiration date that would allow the Customer to utilize them after the date they were initially purchased (“Design Vouchers Expiration Date”). Design Vouchers will not be redeemable after the Design Vouchers Expiration Date and Tailor Brands will not offer a Refund for any Unused Design Vouchers after the Design Vouchers Expiration Date. All Vouchers fees are non-refundable. If a User has reason to believe that User was charged on error, User can provide a written notice to our Customer Support and request to cancel User Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of seven (7) days from the Fee payment date, and only if the End Products associated with the Fee have not been downloaded or used outside of the Site, whether for commercial or personal use (“One Time Fee Refund Period”). We will not cancel Fees after that time or after an End Product has been downloaded or used outside of the Tailor Site. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, violations to our Terms of Service and improper usage of the Tailor Brands platform. When utilizing a Design Vouchers after the date it was initially Purchased, the Customer acknowledges that the contents and names of End Products, Bundles, and Services can change over time and therefore not match the ones originally offered. In such instances the Customer is encouraged to contact Tailor Brands. Tailor Brands, at its discretion in accordance with its TOS, will supply the Customer with an End Product or Service of similar retail value or offer a refund.
j. Account Credit- From time to time, and at its own discretion, Tailor Brands can offer Account Credit to reward or compensate Users for actions such as referring other Users to the Site and the Service (“Account Credit”). Such Account Credit can only be used to reduce the prices of Services on the Site and cannot be counted towards any transactions outside the Site (“Account Credit Redemption”). Earned Account Credit from making such referral will expire after twelve (12) consecutive inactive months. An inactive month is a month without an invoice billing event. Account Credit will not be redeemable after the Expiration Date. At no case will Tailor Brands offer any Refund or Compensation for any Unused Account Credit. When utilizing Account Credit, the Customer acknowledges that the contents and names of End Products, Bundles, and Services can change over time and therefore not match the ones originally offered on the Site.
5. Termination Policy
a. Cancellation by Tailor – These Terms of Service will remain in full force and effect at any time while you use Tailor’s Platform or our Services or End Products. We can suspend or terminate your rights to use our Services (including the Account and End Products) at any time at our sole and absolute discretion, including, without limitation, for any use of the Site or Services in violation of this agreement. You understand that any termination of your Account can involve deletion of your Account, all information related thereof, and the End Products associated therewith from our live databases.
b. Cancellation by User – You can decide to stop and request to cancel your Subscription Services at any point in time. The effective date and time for this cancellation will commence the moment you have issued the cancellation request. The effective date for cancellation of Subscription Fee will be at the next Renewal Period. Such subscription will be canceled only upon the expiration of the respective period for which you have already made payment for. Please know that as Tailor’s cancellation process can take some time, in order to avoid your next respective charge, your cancellation request should be made at least ten (10) business days before to the expiration of the then-current Subscription period.
6. You are not allowed to create End Products using Tailor Brands that are: pornographic, sexually explicit, violent, reasonably likely to cause harm, that could be reasonably considered as slanderous or libelous, is defamatory of any person, obscene, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringes any copyright, design right, database right or trade mark of any other person, is likely to deceive any person, breaches any legal duty owed to a third party, promotes any illegal activity.
7. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
OUR SITE, DESIGN RESOURCES, END PRODUCTS, SERVICES AND MATERIALS, AND/OR ANY OTHER CONTENT OR PRODUCT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF TAILOR BRANDS SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TAILOR BRANDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. TAILOR BRANDS MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE ACCURACY OF CONTENT OR DESIGNS. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES AND SITE WILL NOT, IN ANY EVENT, DIRECTLY OR INDIRECTLY BE HELD AGAINST TAILOR BRANDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. TAILOR BRANDS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN. WE WILL NOT BE HELD ACCOUNTABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, AS WELL AS ANY BUGS, VIRUSES, TROJAN HORSES THAT CAN BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TAILOR BRANDS PLATFORM. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TAILOR BRANDS IS NOT LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. TAILOR BRANDS WILL NOT BE IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TAILOR WILL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. TAILOR BRANDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY USING OUR BRANDS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE DO NOT MAKE ANY REPRESENTATIONS THAT THE OUR WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE TAILOR BRANDS SITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW. NEITHER TAILOR BRANDS NOR ITS THIRD-PARTY CONTENT PROVIDER ARE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF TAILOR BRANDS (INCLUDING THE USE OF THE BRANDING PRODUCTS AND LOGOS). YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND OUR DESIGNS.
8. Customer Support
For any questions regarding these Terms of Service, feel free to contact our customer service.