Termos de Serviço

Last Updated: February 23rd, 2020.

Effective Date: March 27th, 2020.

1. Introduction

1.1. This website (“Website”) is owned and operated by Tailor Brands Ltd. and its affiliates (“Tailor“, “we“, “our“, or “us“).

1.2. Read carefully the following terms of service (“Terms“), together with our privacy policy and cookie policy, both serve as integral parts of the Terms, because they constitute a binding agreement between you, the individual or entity accessing or using the Website, and Tailor.

1.3. By accessing the Website or by using it in any other manner, you signify your acceptance of the Terms. If you do not agree to the Terms, you may not access or use the Website.

1.4. Note that if you wish to become our affiliate, you must read and accept the Tailor Brands Affiliate Program Agreement, which also serves as an integral part of the Terms, where applicable.

1.5. Our Website and Services are not directed to individuals under the age of 18. If you are under the age of 18, you do not have authorization or permission to use the Website or access our Services.

1.6. If you have questions or comments about the Terms, feel free to contact us at: [email protected].

2. Our Services

2.1. We provide an online platform that helps users to create a logo, website, domain, designs, social tools, and develop a unique brand identity. Accordingly, our users can use the Tailor’s services to design, create and customize their logo, website, domain, designs and other branded items, such as “branding packages”, “logos”, “website”, “domain”, “designs”, “brand guidelines”, “letterheads” and “business cards” (collectively, “Services“).

2.2. Our Services include –

2.2.1. Free-of-Charge Services and Free Trials

Subject to the Terms, we may offer you free-of-charge Services and free trials (“Free Services“). To get Free Services, you need to sign-in the Tailor’s system, by creating an account on Tailor or using your Google or Facebook username and password here.

2.2.2. One-Time-Payment Services

Subject to the Terms, we may offer you one-time-payment Services (“One-Time-Payment Services“). This category requires you to pay a one-time-payment in consideration of each One-Time-Payment Service.

2.2.3. Subscription Services

2.2.3.1. Membership Services. Subject to the Terms, we may offer you different types of Services on a subscription basis (“Membership Services“). This category requires you to choose and pay for the relevant subscription for you.

2.2.3.2. Tailor Ads & Download Credits. During your use of Tailor Ads, you will receive a pre-set number of credits that you can use to download Tailor Ads creative through the Service (“Download Credits”).

You will be entitled to use the Download Credits during your subscription plan period. Unused Download Credits will not roll-over to the following subscription period at the end of your subscription period.

Additionally, if you cancel your subscription, or if we cancel it per your request or due to a violation of the Terms, you will lose all remaining unused Download Credits. If you reach your download limit, you can upgrade your plan.

2.2.4. Domain Names

Subject to the Terms, including the Tailor Brands Domain Name Agreement which serves as an integral part of the Terms, you may purchase Internet domain names or renew existing domain names which we resell on your behalf as a reseller of GoDaddy, our domain name registrar.

2.3. In addition and subject to the Terms, we may offer you free content on the Website, including, without limitation, information about our productsbranding blog postslogo design ideastips about how to create your next logoinformation about usbrand guidelinesa support centera careers webpagea knowledge base index, and a site map.

2.4. Unless expressly stated otherwise by us in writing, all information and materials presented on the Website are Tailor’s sole property. For the sake of clarity, we reserve all rights not expressly granted in the Terms.

3. Payments, Service Providers and Updated Information

3.1. Fees

3.1.1. One-Time-Payment Services and Membership Services are subject to fees, as further described on our plans page prior checkout, which is subject to changes at our sole discretion (“Fees“).

3.1.2. There are relevant paid Services on the Website which will be referred to herein as “Your Products”. For the purpose of the Terms, Your Products include only paid Services that you have: (i) downloaded to your device (for example, logos); and, (ii) not requested a Refund or faced any chargeback, as defined below.

3.1.3. You agree to store and update your accurate personal information, including your payment card information, with respect to paid Services.

3.2. Taxes

3.2.1. In addition to the Fees, you are required to pay all related taxes and costs in relation to paid Services.

3.2.2. This may include, without limitation, state fees, value-added tax (VAT), and any applicable fees, costs, expenses and taxes in connection with paid Services.

3.3. Renewals

3.3.1. To ensure that you do not experience an interruption or loss of Membership Services, our Membership Services include an automatic renewal option by default (“Renewal”).

3.3.2. Unless otherwise notified to you, such Renewal will be at the same price (excluding discounts), subject to taxes in accordance with applicable laws.

3.3.3. Accordingly, we will automatically charge you the applicable Fees, using the billing information you have provided us, within up-to two weeks before such renewal period commences.

3.3.4. If we fail to collect the Fees, we will (a) contact you to immediately complete your payment obligation; or, (b) cancel or suspend your account, at our sole discretion.

3.3.5. You may turn-off the auto-renewal option by cancelling your renewal in your account setting page or sending us a written notice to [email protected].

3.4. Discounts and Design Vouchers

3.4.1. If you receive a discount or any other promotional offer from us or our affiliates, we will have the right to renew your subscription automatically and without a notice at the full applicable Fee.

3.4.2. In addition, from time to time, we may offer design vouchers for sale (“Design Vouchers“). The Design Vouchers allow a user to purchase some of our Services at a discount. Note that all Design Vouchers are non-refundable and have expiration dates.

3.5. Chargebacks

3.5.1. If you have questions or concerns about a payment, you need to contact our customer support at: [email protected].

3.5.2. If, at any given time, we record a decline, chargeback or other rejection of a charge of any Fee, your account, along with paid Services, may be blocked, canceled and/or disabled.

3.6. Currencies

3.6.1. Based on your demographic location, the Fees will be presented in one of the used currencies, including, without limitation, U.S. dollars, Canadian Dollars, Australian dollars, Euros or Pound Sterling. We may change our used currencies list at any given time.

3.6.2. Note that our pricing list may change based on different currencies, and not necessarily in line with the then-current currency exchange rates.

3.7. Refunds

3.7.1. Should you wish to cancel your account in order to receive a refund, you need to notify us in writing within 14 days following your relevant purchase (“Refund Period” and “Refund”, respectively).

3.7.2. If you reside in a jurisdiction that requires different Refund Period, you need to inform us, and we will accommodate such applicable legal requirements.

3.7.3. Note that a Refund amount may be different than the Fees, due to currency changes and service providers’ fees. For the sake of clarity, we will not be responsible for such differences.

3.7.4. After the Refund Period, the Fees will become non-refundable and non-cancellable.

3.7.5. Notwithstanding anything to the contrary contained in the Terms, we reserve our right to still charge you if we find that paid Services have been downloaded to your device.

3.7.6. Note that there are services that are non-refundable, such as One-Time-Payment Services or domain names (as stated in the Tailor Brands Domain Name Agreement).

3.7.7. At our sole discretion and as an act of goodwill, we may credit your account even if we believe that you do not have the right for a refund under the terms.

4. Termination

4.1 We can suspend or terminate your rights to use the Website or Services, at any time, at our sole discretion and without prior notice, if we believe that you have breached the Terms.

4.2 You understand and agree that any termination of your account may involve the deletion of your account along with all related information.

4.3 You may cancel your account at any given time through your account settings. Alternatively, you may cancel your account by contacting our customer support at: [email protected].

5. Right to Use Our Website and Services

5.1. Subject to the Terms, we grant you a worldwide, limited, non-exclusive, revocable, non-transferable right to use the Website and Services which are not Your Products.

5.2. For the sake of clarity, you may use the Website’s tools and features that we make available for their intended purpose only.

6. Links

6.1. The Website contains links to other websites and content provided by third parties. We do not operate or monitor these websites and content. You may find them, or the information and content posted therein, not compatible with your requirements, objectionable, annoying, improper, unlawful or immoral.

6.2. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality.

6.3. We assume no responsibility for such third-party websites or content, or their availability or any transactions made between you and such third-party websites.

6.4. Accordingly, we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any third-party websites or content.

7. Website’s Changes and Availability

7.1. In order to improve the Services, we may from time to time change the Website’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any prior notice.

7.2. Changes of this character by their very nature are likely to result in glitches or cause inconvenience. We will not be held responsible for any outcome of these changes, and failures resulting from them.

8. Website’s Operation

8.1. We will make commercially reasonable efforts to run the Website efficiently and accessible at all times, subject to our right to discontinue, temporarily or permanently, the operation of the Website, or any part thereof, or block, remove or delete any content from the Website at our sole discretion and without prior notice.

8.2. However, the Website’s operation is dependent upon various factors such as software, hardware, and communication networks. By their nature, these factors are not fault-free.

8.3. Accordingly, we do not warrant that the Website will operate in an uninterrupted or error-free manner, or that it will always be available, free from all harmful components, or that at all times it will completely safe, and secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to, hardware failures, software failures, and software communication failures, originating either in us or any other service provider. Such incidents and activities will not be considered a breach of the Terms.

9. Unacceptable Use

9.1. You may not access or use the Website or Services –

9.1.1. for or in connection with any activity that constitutes or encourages conduct that would –

9.1.1.1. constitute a criminal offense;

9.1.1.2. give rise to civil liability;

9.1.1.3. violate any applicable local, state, national, foreign law or industry standard, including, without limitation, any applicable laws and regulations governing intellectual property, privacy, defamation, fraud, mass email, spam, harassment, obscenity, hate-speech, export control, consumer protection, unfair competition and false advertising or any other deceptive practices; or,

9.1.1.4. provide us with content that may create materials that: (a) are pornographic, sexually explicit or violent; (b) reasonably likely to cause harm or could be reasonably considered as slanderous or libelous; (c) are defamatory of any person, obscene, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (d) infringe any copyright, design right, database right or trademark of any other person; (e) are likely to deceive any person, breach any legal duty owed to a third party, or promote any illegal activity.

9.1.2. to upload, post, email, transmit, record, provide a recording or otherwise make available any information and materials that infringe a third party’s right, especially privacy, publicity, and intellectual property rights; software viruses, trojan horses, worms and any other malicious application to computers and networks; and,

9.1.3 to develop or create a similar or competitive product or service to the Website.

9.2 In addition, you may not use the Website for any commercial or business purpose that is not expressly permitted by the Terms, including, but not limited to, providing the Website or Services to third parties by reselling, licensing, renting, leasing, transferring, lending, timesharing, assigning, mirroring, redistributing or displaying the Website, Services or any part thereof, without our prior written and explicit permission. Without limiting the aforesaid, you may not –

9.2.1. modify any material or content that we make available on the Website, except as expressly permitted under the Terms;

9.2.2. engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the Website;

9.2.3. interfere with, burden or disrupt the functionality of the Website;

9.2.4. circumvent, impair or manipulate the operation of the Website;

9.2.5. work around or circumvent any technical limitations in the Website or use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Website;

9.2.6. embed, frame or otherwise link directly to the Website, from any other webpage, application or other resources, without our prior written permission;

9.2.7. engage in any false, misleading or deceptive acts or practices involving the Website or your identity, agency or affiliation with any person or entity; and,

9.2.8. breach the security of the Website, or any network or server used by the Website.

9.3. To the maximum extent permitted by law, we may at any time, at our sole discretion and without prior notice, delete or modify any material from our Website and servers, in whole or in part.

10. Your Rights

10.1. We respect your rights. If you reside in a jurisdiction that provides you with additional or different consumer legal rights, which may not be waived under the Terms, then nothing in the Terms limits such legal rights.

10.2. Accordingly, if you believe that your rights are abused on our Website or Services, you may contact us at: [email protected]. We may ask you to provide us with additional information to process your complaint.

10.3. We will make commercially reasonable efforts to review your complaint and respond promptly. Note that we will not respond to anonymous complaints.

11. Your Account; Your Products

11.1. Subject to our Privacy Policy, if you create an account on our Website, you agree to –

11.1.1. receive communication from us, including via email messages, about paid Services and your account. This includes email messages from us about your experience with our service and features you can use, which you can opt-out at any given time;

11.1.2. fully and accurately provide the information requested by us when setting up your account and to promptly update such information, where needed;

11.1.3. cooperate with us, including by providing us with relevant information we may request to provide you with the Services; and,

11.1.4. grant us a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license, permission and consent to use the Services, including Your Products, your name and likeness, and any associated rights, including intellectual property rights, the right of publicity and the right to privacy, for our internal and marketing purposes, and that you have all the rights necessary to grant us such license.

11.2 For the sake of clarity, you are solely responsible for the accuracy, appropriateness and lawfulness of all information and content of Services which are related to you or your activities.

12. Correction of Errors

12.1. We make commercially reasonable efforts to ensure the reliability and availability of the Website. However, errors, mistakes, and malfunctions may occur from time to time.

12.2. Please help us to maintain a high level of service by contacting us at: [email protected] about any potential errors, mistakes, and malfunctions.

13. Intellectual Property

13.1 Your Products

13.1.1. Unless expressly stated otherwise by us in writing, and subject to the Terms, you will own Your Products.

13.1.2. Our Services generate Your Products automatically, according to your specifications and requests. Accordingly, we hereby grant you all rights and title in and to Your Products, provided, however, that you will (i) ensure that your use of Your Products do not violate any law or regulation, including, without limitation, any third party’s intellectual property rights; (ii) immediately inform us about any claim or demand related to sub-section (i) above; (iii) you have conducted a thorough review and research to ensure that your use of Your Products do not and will not violate any third party’s intellectual property rights; (iv) fully cooperate with us on any claim or demand related to Your Products that we or our affiliates received, at your expense; (v) comply with the Terms.

13.1.3. IF YOU HAVE BREACHED THE TERMS, INCLUDING, WITHOUT LIMITATION, SUB-SECTIONS (I)-(V) ABOVE, YOU MUST IMMEDIATELY CEASE ALL USE OF YOUR PRODUCTS BY YOU OR ANYONE ON YOUR BEHALF.

13.1.4. Note that Your Products, subject to the Terms, are yours to use freely for any commercial and non-commercial use, even after your subscription is expired. If you wish to apply for a trademark registration of Your Products, you will need to do so at your expense and in separate from our Services.

13.1.5. To the maximum extent permitted by law, we will NOT provide you with any advice concerning your rights, including, without limitation, intellectual property rights. If we are required to assist you to comply with applicable law, then unless required otherwise by applicable laws, you agree to bear our related costs and expenses, including, without limitation, legal expenses and attorney fees.

13.1.6. You acknowledge that some fonts and symbols used as part of the Services or Your Products can be licensed from a third-party provider. We assume no responsibility for any claim or demand concerning any third party’s rights, as further described below.

13.2 Our Website

13.2.1. Unless expressly stated otherwise by us in writing, all information and materials available on the Website or Services which are not Your Products, including, without limitation, samples of our logos and other branded items, are Tailor’s sole property or licensed to Tailor by third parties.

13.2.2. We do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses concerning the Website, and we reserve all rights not expressly granted in the Terms.

13.2.3. For the sake of clarity, and without limiting the above said, the Website’s trademarks (whether registered or not) and copyrights, Tailor’s name and logo, and the Website’s domain name are our sole property. You may not use them, or any confusingly similar mark or text, without our prior express written consent.

13.3 Your Content

13.3.1. We do not claim ownership over your content.

13.3.2. However, when you upload any type of content to the Website, you represent and warrant that you do not violate any third party’s rights.

13.3.3. We will use content that you share with us through the Contact Us or Customer Support webpages for the following purposes: (i) addressing your request; (ii) improving our Website and Services; or, (iii) legal defense, where applicable.

14. DISCLAIMER OF WARRANTY

14.1. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, SERVICES AND YOUR PRODUCTS ARE PROVIDED FOR USE “AS IS”, WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR BEING UP TO DATE.

14.2. ANY USE OF THE WEBSITE, SERVICES AND YOUR PRODUCTS ARE AT YOUR SOLE RISK.

14.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES CONCERNING THE WEBSITE, SERVICES AND YOUR PRODUCTS, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE WEBSITE, SERVICES, YOUR PRODUCTS OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

14.4. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE WEBSITE, SERVICES AND YOUR PRODUCTS WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THE TERMS, WILL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER.

15. LIMITATION OF LIABILITY

15.1. WE, AND OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS, OR ANYONE ACTING ON OUR BEHALF, WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON CONCERNING THE WEBSITE’S, SERVICES’ OR YOUR PRODUCTS’ PROPERTIES, ABILITIES, LIMITATIONS, FITNESS TO YOUR NEEDS, OR CONCERNING ANY CONTENT AVAILABLE ON OR UNAVAILABLE THROUGH THE WEBSITE, SERVICES OR YOUR PRODUCTS.

15.2. WE, AND OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON OUR BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES, AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OR MATERIAL ORIGINATING FROM THIRD PARTIES, OR ANY COMMUNICATION WITH US OR WITH OTHER USERS IN CONNECTION WITH THE WEBSITE – WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.

16. INDEMNIFICATION

16.1. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON OUR BEHALF FROM AND AGAINST ANY CLAIMS, DEMANDS, DAMAGES, LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT), PAYMENTS OR EXPENSES, INCLUDING LEGAL EXPENSES AND ATTORNEY FEES, THAT WE INCUR IN CONNECTION WITH YOUR BREACH OF THE TERMS OR ANY UNLAWFUL OR TORTUOUS ACTION OR INACTION BY YOU OR ANYONE ON YOUR BEHALF CONCERNING THE WEBSITE, SERVICES OR YOUR PRODUCTS.

17. Changes and Additions

17.1. We may change the Terms to meet technical, operational and legal requirements. We will post a notice about changes made to the Terms on the Website or via email (the “Notice“).

17.2. Unless required otherwise to comply with applicable laws, rules, regulations, and agreements, all minor changes (which have minor, if any, consequences) will take effect 7 days after we post or send the Notice, and substantial changes will be effective 30 days after post or send the Notice.

17.3. Note that we may modify, enhance or improve the Website and Services, and may accordingly offer additional tools and features. Such additional tools and features may be governed by additional or different terms, as provided by us, where applicable.

18. Governing Law and Jurisdiction

18.1. If the value of the relief sought is 10,000 US dollars or less, the parties will make good faith efforts to resolve the dispute between them amicably. If such direct talks fail to resolve the dispute, each party may initiate an alternative dispute resolution (“ADR”) process with an established ADR service provider. The parties will agree on the identity of the ADR service provider and the dispute will be conducted in English, by written submissions through e-mail correspondence or other electronic communications, or through telephone conversations, without the need for personal appearance. Any judgment on the award rendered by the ADR provider may be entered in any court of competent jurisdiction.

18.2. If the value of the relief sought is more than 10,000 US dollars, the Terms and any claim, cause of action or dispute arising out of or related thereto, will be governed solely by the laws of the State of Israel, regardless of your country of origin or where you access the Website, and without giving effect to any conflicts of law principles, which would result in the application of the laws of a jurisdiction other than the State of Israel. The competent courts in Tel Aviv, Israel will have sole and exclusive jurisdiction concerning the Terms and any claim, cause of action or dispute arising out of or related thereto. You hereby agree to the exclusive jurisdiction of the above-mentioned courts, agree to accept service of process by any means permitted by the applicable law and waive any jurisdictional, conflict of law or venue defenses otherwise available to you.

19. Entire Agreement

19.1. The Terms, which also include our Privacy PolicyCookie PolicyTailor Brands Domain Names Agreement, and Tailor Brands Affiliate Program Agreement, constitute the entire agreement between you and Tailor.

19.2. The Terms supersede any agreements, negotiations, and understandings, whether written or oral, and no waiver, concession, extension, representation, alteration, addition or derogation from the Terms will be effective unless expressly stated otherwise by us in writing.

20. Assignment 

20.1. We may assign or transfer our rights or obligations under the Terms to any third party, provided, however, that your rights under the Terms are not compromised by such assignment or transfer.

20.2. You may NOT assign or transfer your rights or obligations under the Terms without our prior written consent. Any attempted or actual assignment or transfer by you will be null and void, unless expressly stated otherwise by us in writing.

21. Interpretation

21.1. The paragraph headings herein are intended solely for the purpose of orientation and reading convenience and will not be used for interpretation purposes.

22. Severability

22.1. If any provision of the Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of the Terms will remain in full force and effect, to the maximum extent.