Terms of Service
These terms set forth the service terms and conditions of our relationship and for your purchased services on the Platform (the Platform, Site, Sites) and the services, features, content, applications, mobile device applications, plugins, or apps offered by us (collectively, the Services) to you (You, Your, User). In case you represent your employer or another entity, you hereby represent that (i) you have full legal authority to bind your employer or such entity (as applicable) to these Terms; and (ii) after reading and understanding these Terms, you agree to these Terms on behalf of your employer or the respective entity (as applicable), and these Terms shall bind your employer or such entity (as the case may be).
Our Platform
You understand and agree that:
We provide a cloud software solution called .STUDIO that facilitates organizations’ processes and workflows by allowing users to create specifications and schedules, collaborate on project timelines, and record and report on sales and project activities.
We do not verify any specifications or other information regarding such products.
We are not involved and are not a party to any transactions between you and vendors of products listed on the Platform, whether purchased or specified with the aid of the Platform, and/or via any third party website or store.
We do not enter into any contracts between any user and a vendor or any other third party, for any purchase or sale, nor do we actually become involved in the actual transfer of legal title in any items from one party to another.
We do not review, screen, or vet any users of our Platform or the content or information obtained from third parties (including, but not limited to, vendors) or provided by users or vendors through the Platform.
We cannot bear responsibility or liability for any materials or information (including without limitation, text, identities, images, content, copy, descriptions, and prices) on the Platform and/or the Services.
We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users and vendors.
Your use of the Platform and/or the Services is at your own risk.
Fees
All payment will be made in advance at the agreed terms in your Subscription details
You agree that payment for all applicable purchases and any taxes or additional charges including but not limited to bank charges that may be imposed by third parties are your sole responsibility.
You understand that your purchase is final and non-refundable.
You understand that your payment obligations are non-cancelable.
You understand that renewal rates are subject to change, but you will be notified of any change in your rate with the option to cancel in accordance with these terms.
You acknowledge that your purchase of the Services and/or Third Party Services hereunder are not contingent on the delivery by us of any future release of any functionality or feature, including without limitation, the continuance of: (i) a certain Service beyond its current subscription term; or (ii) Third Party Services, or dependent on any public comments we make, orally or in writing, regarding any future functionality or feature.
You agree to ensure that at all times all credit card and payment information supplied by you is accurate and correct and that you are fully authorized to use such credit card and payment information for purposes of paying for any Paid Services.
Subscription Upgrades
During the Subscription Term, you may upgrade your Subscription Plan by either: (i) adding Authorized Users; (ii) upgrading to a higher type of Subscription Plan; (iii) adding add-on features and functionalities; and/or (iv) upgrading to a longer Subscription Term (collectively, “Subscription Upgrades”). Some Subscription Upgrades or other changes may be considered as a new purchase, hence will restart the Subscription Term and some won’t, as indicated within the Service and/or the Services Agreement. Upon a Subscription Upgrade, you will be billed for the applicable increased amount of Subscription Fees, at our then-current rates (unless indicated otherwise in a Services Agreement form), either: (1) prorated for the remainder of the then-current Subscription Term, or (2) whenever the Subscription Term is being restarted due to the Subscription Upgrade, then the Subscription Fees already paid by Customer will be reduced from the new upgraded Subscription Fees, and the difference shall be due and payable by Customer upon the date on which the Subscription Upgrade was made.
Term and Termination
Your Subscription of the Platform will be for the duration (Subscription Period) specified above.
At the end of the subscription period, we will sign you up and bill you for an additional subscription period equal to your original term at then-current pricing.
Add ons or custom development may not be included in your new subscription term and may need to be purchased separately for any renewals at the prevailing rate as governed by the add-on or custom development purchase agreement entered into when ordering the service.
If you do not wish to renew your subscription you must send appropriate notice in writing upto 30 days before your term expires.
We may terminate your use of the Platform and/or the Services and prohibit you from accessing the Platform and/or the Services if there is a breach of contract.
Service and Content Changes
We reserve the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or through the Platform by us in our sole discretion, without notice.
We may add, modify or discontinue any feature, functionality or any other tool, within the Platform and/or Services, at our own discretion and without further notice, however, if we make any material adverse change in the core functionality of the Service, then we will notify you by posting an announcement on the Platform and/or via the Services or by sending you an email.
If you do not accept updated versions of the Platform, we shall not bear any responsibility or liability for your decision.
Copyright Policy
We do not condone or authorize activities on or through the Services that infringe copyright or intellectual property rights. We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights.
Your Responsibility
You promise to comply with this Agreement and any laws or regulations applicable to you.
You promise not to use the Platform for any purpose that is prohibited by this Agreement.
You are responsible for all of your activity in connection with the Platform.
You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.
You agree to comply with our conduct policies when using the Platform
Your Conduct
You are solely responsible for your interactions with other users.
We shall not be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or members of the Sites or Services.
Legal Conditions
We are not responsible for any Third Party Sites, Third Party Content, Supported Platforms, or any other content posted on the Platform, whether posted or caused by users of the Platform, us, third parties or by any of the facilities associated with or used in the Platform.
We are not responsible for the conduct, whether online or offline, of any user of the Platform or any vendors included on the Platform.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
We are not responsible for any problems or technical malfunction of telephone network or lines, cellular data provider or network, computer systems, servers or providers, computer equipment, software, failure of email or traffic congestion on the Services or Platform, including injury or damage to users or to any other person’s computer, and/or mobile device.
Neither us nor any of our affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Platform, anyone’s use of items or services purchased via the Platform, any content posted on the Platform or transmitted to users, or any interactions between users of the Platform, whether online or offline.
In no event will we or our directors, employees or agents have any liability whatsoever for your use of any information, the services, or the site. we are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. no advice or information obtained by you from us through the site/service shall create any warranty, representation or guarantee not expressly stated in this agreement.
Furthermore, you are solely responsible for the information that you provide on the site and services, including but not limited to pictures, descriptions, specifications, videos, graphics, or any other information you provide. we shall not be liable for any transactions made between you and any third party, including any purchase you make of products included on the site or services, and you agree that any such transaction is expressly between you and the third party; you therefore release us and its officers, employees, affiliates, members, managers, and subsidiaries, from any and all claims, demands, and disputes.
Our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the fees, if any, paid by you to us for the services and use of the site minus costs of producing any deliverables.
You agree to indemnify us
You agree to indemnify, defend, and hold harmless us, our contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, members, managers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (a) your use of the Platform, (b) any User Content, Third Party Content, Third Party Sites and any other content, (c) any purchases from or interactions with vendors (d) your violation of this Agreement, or of any law or the rights of any third party, and (e) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
Territorial Restrictions
We reserve the right to limit the availability of our Platform or any portion of the Platform, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities or features of any content, product, service or other feature that we provide.
Arbitration
These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai.
Any dispute, claim or controversy arising out of or in connection with these Terms (including a dispute or claim relating to any non-contractual obligations) shall be first referred to the parties’ respective officers for resolution.
If any dispute remains unresolved 21 days after being referred to the officers, it shall be finally settled subject to the non-exclusive jurisdiction of the Small Claims Tribunal of the Courts of the Dubai International Financial Centre (“the DIFC Courts”), which Rules are deemed to be incorporated by reference into this clause.
Each party irrevocably submits to the jurisdiction of the DIFC Courts and waives any objection it may have to disputes arising out of, or in connection with this Agreement being heard in the DIFC Courts on the ground that it is an inconvenient forum (forum non conveniens).
Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction against any matters relating to IPRs.
Your general representation and warranty
You represent and warrant that You will use the Platform in accordance with the Terms of Service, Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and that You will use the Platform so as not to infringe or misappropriate the intellectual property rights of any third party.
Other Terms
You and 28 LIGHTBULBS agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
We may assign our rights under this Agreement without condition.
This Agreement will be binding upon, and will inure to, the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.