Limited Time:50+ New Wedding Templates Added
Legal terms and conditions governing your use of Prezella's template design platform
Last Updated: January 15, 2024
These Terms of Service constitute a legally binding agreement between you and Prezella Inc. By using our platform, you agree to be bound by these terms.
These Terms of Service, as amended from time to time, together with any other terms, agreements and policies referenced herein (which constitute an integral part hereof) (these "Terms") constitute a legally binding agreement between Prezella Inc., a company incorporated under the laws of Delaware, United States (the "Company") and the customer accepting these Terms (the "Customer"). The Terms govern the manner in which the Customer may use and access the Platform (as defined below) in a subscription model. The Customer's use of the Platform signifies the Customer's understanding and agreement to be bound to these Terms and to comply with the applicable law, rules and regulations. If Customer does not agree to these Terms, Customer may not register or use the Platform.
Prezella.com offers its users (i) professional design tools for the customization of wedding invitations, birthday cards, greeting cards, and event templates, which allow downloading, printing and sharing of such designs, and (ii) online design management tools (the "Platform"). The Company shall make the Platform available to Customer during the Subscription Term subject to the terms hereof.
Without derogating from Section 4.2 below, Customer may only use the Platform for the Customer's personal and commercial use, as permitted by and subject to these Terms (the "Purpose").
The right to install, use and access the Platform as set forth in Section 1.1 above, is granted solely to the Customer and is limited, non-transferable, non-exclusive, non-assignable and non-sub-licensable. The Platform may only be used by individuals who: (i) can form legally binding contracts under applicable law, (ii) are of the age of eighteen (18) and above, and (iii) are not prohibited by law to subscribe to and use the Platform.
The Company may change or update the Platform at any time, including the availability of any feature, content or database, and the Company may impose limitations or restrictions on certain features and services or on the access to the Platform (or any part thereof), without notice or liability. Furthermore, the Company may offer alternative or additional features to certain Customers, that may not be offered to others.
In order to use the Platform, the Customer shall register and create an account (the "Account"). The Company reserves the right to refuse a Customer's registration or to block Customer's access to the Platform, at the Company's discretion.
As part of the registration process, the Customer may be required to provide the Company with certain personal information (including, name, phone number, e-mail address, etc.) and to select a password. The Customer: (i) agrees to provide the Company with accurate, complete, and updated registration information; (ii) acknowledges that he/she is solely responsible for the activity that occurs on his/her Account; (iii) agrees to keep his/her Account credentials secured; and (iv) undertakes to notify the Company immediately of any breach of security or unauthorized use of his/her Account.
While using the Platform, certain data may be uploaded or transferred by the Customer to the Platform to be processed by the Platform on the Customer's behalf (the "Customer Content"). Customer Content may include data, information, files, documents, texts, designs, graphics, audio files or other sounds, photographs, images, videos, illustrations and other content, uploaded, transferred, posted or otherwise made available by the Customer to or by the use of the Platform. As between the Customer and the Company, all rights in the Customer Content shall remain with Customer.
Customer hereby grants the Company and its Sub-processors an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully paid, sub-licensable right and license to access, use, process, copy, download, store, distribute and display the Customer Content, solely for the purpose of maintaining and providing the Platform and as required to resolve technical and security problems or otherwise as permitted by these Terms or in writing by Customer.
Customer may not upload, transfer, display, post, send, incorporate, contribute or otherwise make available to the Platform any Customer Content that: (i) infringes any intellectual property rights; (ii) is defamatory, abusive, harassing, threatening, or otherwise offensive; (iii) is illegal or encourages illegal activity; (iv) contains viruses or malicious code; (v) creates a false identity or impersonates another person; or (vi) violates any applicable laws or regulations.
All right, title and interest in the Platform, including without limitation, any content, materials, software, templates, designs, graphics, text, media, artwork, names, logos, trademarks and service marks (excluding Customer Content), any and all related or underlying technology and any updates, new versions, modifications, improvements, developments or derivatives thereof, is the property of the Company and its licensors.
Customer may not, and may not permit or aid others to: (i) use the Platform for any purpose other than the Purpose; (ii) copy, modify, alter, translate, or reproduce the Platform; (iii) sell, resell, distribute, or sublicense the rights granted under these Terms to any third party; (iv) reverse engineer, de-compile, or disassemble the Platform; (v) bypass any security measures; or (vi) interfere with the proper working of the Platform.
Upon purchase or subscription to premium templates, Customer receives a non-exclusive, non-transferable license to use the templates for personal and commercial purposes, subject to the specific licensing terms associated with each template category.
Customer acknowledges and agrees that the use of the Platform by the Customer is governed by the Company's Privacy Policy available at: https://prezella.com/privacy ("Privacy Policy"). The Privacy Policy shall constitute an integral part of these Terms.
The Company may collect, monitor and use Anonymous Information, inter alia to provide, develop, maintain, improve, demonstrate and market the Platform. "Anonymous Information" means information about use of the Platform which does not enable identification of an individual, such as aggregated data, metadata and analytic information.
The Platform is provided on a subscription basis subject to Customer registering and opening an Account (the "Subscription"). The Subscription includes certain services and products offered to the Customer for no consideration (the "Free Subscription"), and advanced services and products that the Customer may either: (i) purchase on a one-time basis in consideration for a one-time payment (the "One-time Purchase" and the "One-time Fee"), or (ii) subscribe for collectively, by upgrading the Free Subscription to a premium version in consideration for a monthly or annual subscription fee (the "Premium Subscription" and the "Subscription Fee").
In order to ensure that Customer will not experience any interruption or loss of services, the Premium Subscription shall automatically renew by default for a renewal period equal in time to the original Subscription Term at the then applicable Subscription Fee, unless canceled by either the Company or the Customer prior to its expiration.
All Fees are non-cancelable and non-refundable, unless required otherwise by mandatory law. Delinquent payments may bear interest at a rate equal to the lower of: (i) 1.5% per month, or (ii) the highest rate permitted by law. Unless expressly indicated otherwise, all Fees are stated in US dollars.
Company may terminate or suspend Customer's Subscription immediately, without prior notice or liability, if Customer breaches any of the provisions contained in these Terms, or if the Company believes that Customer is using the Platform in a manner that may impose a security risk or create liability.
Customer may terminate its Subscription to the Platform by cancelling the Subscription, whereby termination will take effect at the end of the then-current Subscription Term and shall not derogate from Customer's obligation to pay Fees for the Subscription Term, if applicable.
Upon termination or expiration of these Terms, Customer's Subscription and all rights granted to Customer hereunder shall terminate, and Customer shall cease to have access to the Platform and any Customer Content. Customer is solely responsible to export all available Customer Content prior to such termination.
IMPORTANT WARRANTY DISCLAIMER
CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ACCESS TO AND USE OF THE PLATFORM, AS WELL AS ANY RELATED SERVICES PROVIDED BY THE COMPANY, ARE AT CUSTOMER'S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND RESULTS IS SOLELY WITH CUSTOMER.
EXCEPT AS EXPLICITLY SET FORTH HEREIN, THE PLATFORM IS SUPPLIED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE.
LIABILITY LIMITATIONS
NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY: (I) SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES; (II) LOSS OF OR DAMAGE TO CUSTOMER'S SYSTEMS, DEVICES, DATA, INFORMATION, GOODWILL, PROFITS, OR SAVINGS; (III) THE FAILURE OF INDUSTRY STANDARD SECURITY MEASURES; AND/OR (IV) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
TO THE EXTENT PERMITTED BY LAW, COMPANY'S AGGREGATE AND TOTAL LIABILITY FOR ALL DIRECT CLAIMS, DAMAGES AND LOSSES IS LIMITED TO THE FEES PAID TO THE COMPANY FOR USE OF THE PLATFORM IN THE SIX MONTHS PRECEDING THE CAUSE OF THE CLAIM.
Certain print-shops may sometimes ask for a confirmation letter, in order to make sure that Customer is not infringing on the rights of others. A confirmation for materials downloaded from the Platform can be found at: https://www.prezella.com/print-release.
The Company reserves the right to change these Terms at any time by posting a new version at: https://www.prezella.com/terms. In the event of a material change, the Company shall notify the Customer by posting a notice in the Platform or by sending the Customer an email.
These Terms and its performance shall be governed by the laws of the State of Delaware, United States, without regard to conflict of laws' provisions. The parties hereto submit to the exclusive jurisdiction of the courts of Delaware.
These Terms constitute the entire agreement between Customer and the Company with respect to Customer's use of the Platform, and supersede all prior or contemporaneous understandings regarding such subject matter.
If you have any questions about these Terms of Service, please don't hesitate to contact our legal team.