Terms of Service

This agreement is between you (the “User” or “you”) and Deflamel Corp. (“Deflamel”, or “we”). We provide Users with access to our platform that enables Users to create and manage the End Products (as defined below). These services may be provided through personalized or generalized designs, interaction services or content (collectively, the “Services”) through https://deflamel.com or any of Deflamel’s associated Online Platform (the “Site”) or directly from Deflamel and its representatives. By inputting any details, initiating a design process, or using any other content within our Site you confirm your obligation to comply with our Terms of Service, Privacy Policy and any other guidelines posted on the Site. If you do not agree with all of the provisions of this Agreement, you cannot use the Services.

 
General

Deflamel provides an online platform that assists to create and manage various design assets. Users can use Deflamel’s service to create and customize their own design products, such as “book cover”, “magazine cover”, “album cover”, “illustration”, “banner”, “poster”, “wallpaper” and other similar concepts related to graphic design and proposed on this Site (collectively, the “End Products” or “ByProducts”).

In order to download and/or use your End Products outside of the Site, whether for commercial or personal use, you must pay the Fee stated on the Site. You may not use any of Deflamel’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.

Throughout the process of design, Deflamel may 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 once it is paid for. This final design will be shown and available for download in the User’s Account. Throughout the process Deflamel will also make use of certain images, colors, fonts and other design elements (collectively known as “Design Resources”) that may or may not be used to design the user’s End Product. You may not use any of these Design Resources individually.

You may use purchased End Products outside of the Site, whether for commercial or personal purposes. Prior to creating and using any End Product, Deflamel highly recommends you to 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. Deflamel may also use images provided by a third party content provider that obtains the images from other third party contributors. All use of these Images is AT YOUR OWN RISK. You shall abide by all copyright notices, trademark rules, and shall 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 images used during the Design Process might have been licensed from a third party provider. Under no circumstances will Deflamel 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 may exist in such resources.

Throughout the use of the Site by the User, Deflamel may request the User to input information or answer questions in order to create the End Products (the “Design Process”).

 

User responsibilities

You accept sole responsibility for all of your activities using our Site, including content you submit or share via Deflamel’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. Deflamel may determine in its sole discretion whether or not an Account is in violation of any of its policies. Violation of any of these policies may result in User information tracking with such information being stored to identify the offending user. Offending User may be permanently restricted from holding an account or using the Services. If Deflamel reasonably determines that your Account is being used for illegal or fraudulent activity, then your Account may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdictions.

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 Deflamel 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 imply or claim that you are affiliated with or endorsed by Deflamel without our express written permission.
  3. You will not access the Services or the Account by any means other than through the interfaces provided by Deflamel 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 Deflamel infrastructure.
  4. You agree that Deflamel shall 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.
  5. You will not create End Products using Deflamel that are: pornographic, sexually explicit, violent, reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
Fees and Taxes

Deflamel Services may be subject to payment of fees, one-time or subscription, as determined by Deflamel 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 Deflamel’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 Deflamel or our third party service providers, storing and updating your payment card information. You expressly agree (i) that we are authorized to charge you (A) the stated Fee, (B) any other Fees for Services you may purchase, and any applicable taxes in connection with your use of the Services to the payment card you provide and (ii) to reimburse us for all collection costs and interest for any overdue amounts.

You understand that additional services or End Products that may be introduced in the future may be subject to additional fees. You further acknowledge and approve that Deflamel reserves the right to change its Fees at any time, at its sole discretion, upon notice to you if such changes affect your existing subscription. If you received a discount for a subscription fee, or any other promotional offer for a subscription fee, Deflamel shall have the right to renew your subscription automatically and without further notice at the full applicable Fee.

 
Payments. Paying online with a bank card

Our site allows purchases online, and you can pay for our Service by using Visa or MasterCard bank cards.  You can find more information about additional authentication methods by contacting the bank, which issued the card to you.

 
Online payments safety

The information you enter (name, address, phone number, email, credit card number) is confidential and is never shared with anyone. Your credit card information is always sent encrypted and is not stored on our Web-server.

Bank guarantees the safety of all processed online payments. All operations done with the payment cards are done according to the requirements listed by VISA International, MasterCard, and other payments systems. Special technology is used to send the information to ensure security of online purchases, and the information is processed on a secure high-tech server of the processing company.

 

Refunding policy

One time End Product fees are non-refundable. If you has reason to believe that they were charged in error, they may provide a written notice to our Customer Support and request to cancel their Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of 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 this 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 Deflamel platform.

If you are dissatisfied with any our Service subject to a Subscription Fees, whether monthly or annual, you may 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. 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 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 we 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 any End Products associated with the Fee have 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 Deflamel Services actually received, as permitted by law.

 
Confidentiality

1. Definition

Internet website www.deflamel.com (further – “we”) is serious about protecting the information of its visitors and customers of www.deflamel.com (further – “you”, “site visitors”)(confidentiality). Personal information is any information which can be used to identify a user (such as name/surname, login, or company name) of a website, as well as information regarding the activity done on the website (for example, and order from a website customer with their contact information). Anonymous information is information which cannot be used to identify a specific user of the website (for example, the statistics on website visits).

2. Usage of information

We use personal information of a specific user solely to present them with the best quality of service and for statistical purposes. We do not give out or share personal information of users of the website with other users of the website. We will never make available personal information to others in free access, will never sell it, and will never give it to a third party. We publish and share reports based on anonymous information only. These reports will never have information, which can be used to identify a specific user. We also use anonymous information for internal analysis, to improve the quality of service and goods for URL.

3. Links

Website www.deflamel.com can have links to other websites, which are not associated with our company and which belong to a third party. We do not bear any responsibility for the quality of information, the truthfulness of information listed by third parties’ websites, and do not undertake any obligation to maintain the confidentiality of information submitted by you to such sites.

4. Liability limitation

We make every effort to comply with this privacy policy; however, we cannot guarantee the security of information in case of factors beyond our control, which may influence our operations that may result in disclosure of your data. Website www.deflamel.com and all information published on that website is listed as-is without any guarantees. We do not bear responsibility for any losses due to limited access to URL website, or by accessing the website and using the information published on the website.

5. Contacts

If you have any question regarding our policies, please contact us at hello@deflamel.com.

 
 

© 2019 Copyright, All Rights Reserved by Deflamel Corp.