sketchboard's Terms Of Service

Your relationship with Sketchboard

Your use of Sketchboard's products, software, service and web sites (referred to collectively as the "Services" in this document. Your use of Sketchboard's products, software, service and web sites (referred to collectively as the "Services" in this document is subject to the terms of a legal agreement between you and Sketchboard. Sketchboard's principal place of business is at Espoo, Finland. This document explains how the agreement is made up, and sets out some of the terms of that agreement. If you have any questions concerning Sketchboard Services, please contact us via email at info@sketchboard.io.

Accepting the Terms

In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by actually using the Services. In this case, you understand and agree that Sketchboard will treat your use of the Services as acceptance of the Terms from that point onwards.

Use of the Services by you

• You must be 16 years or older to use Sketchboard Services.
• You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
• You must provide a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
• You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Sketchboard, unless you have been specifically allowed to do so in a separate agreement with Sketchboard.
• You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Sketchboard, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Sketchboard has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Sketchboard may suffer) of any such breach.

Sketchboard Free Plans

Sketchboard allows you to use Sketchboard free of charge, a limited version of the Sketchboard Services (Free Plan). Sketchboard usage under the Free Plan can be used anonymously, but can be at any time require an account. Free boards may not be kept in the services after 30 days and those can be removed from the service by Sketchboard own descretion. Sketchboard may at any time stop providing free services at its own discretion.

Boards created under Free Plans are publicly available and are called Public Boards, anybody can view or edit Public Boards. You can convert Public boards to Private boards if you purchase a Sketchboard Subscription Plan.

Anonymous Free Usage

You can test Sketchboard without sign up. Anyone can edit boards that are not owned. The first who access anonymous public board with signed up account can take the board ownership. Note, anonymous free usage is not currently available in the service.

Signed Up Free Plan

All boards are publicly available as read only, but are editable only by team members. You can have up to 3 realtime collaborators at the same time. Team will be automatically transferred to Free plan either when trial or paid subscription is expired. Your paid boards will not become public on expiration.

Sketchboard Subscription Plans

Sketchboard offers you the option of subscribing to a monthly or yearly Subscription Plan, the Service is billed in advance on billing frequency basis. Subscription plans require an Sketchboard account and boards that are created during the subscription period are considered as Business boards. Business boards are not subject to limitations placed on Free Plan. Business Boards are not publicly available and need to be explicitly shared with others, means provided by Sketchboard Service.

VAT is collected inside EU unless you provide your company valid VAT ID. Your country is identified based on your credit card country. In Finland VAT is always collected.

Sketchboard subscription plans support versioned boards. Board versions are saved to Amazon S3. Images related to versions are stored on S3. Files have Amazon S3 promized 99.999999999% durability. Board versions share the same quota that is given for account images, see image support.

Sketchboard subscription plan supports uploading images. Images are stored on image library and on boards. Physically images are stored on Amazon S3 that have 99.999999999% durability.

Each plan have common and different capabilities. Plans are defined on pricing page and are subject to change from time to time. Available storage space is defined in the plan that user has purchased. Space is shared between images and board versions.

NOTE! Due to expenses coming for storing images and versions. There will be cleanup for the images, board versions and published boards. After a subscription has expired, you have 90 days to reactivate your account until images, versions and published boards are removed from the account forever without possibility to recover those. Images will be shown as empty on boards that are using removed images.

You may purchase Sketcboard Subscription Plan through Sketchboard Service. Sketchboard uses [Stripe](https://stripe.com) to manage payments and store credit card information. Sketchboard does not keep credit card information or billing address information on its service.

When you subscribe to Sketchboard, you give Sketchboard permission to initiate a series of payments on your behalf based on the plan and interval you have chosen.

Sketchboard subscription is recurring, subscription auto-renews and charges your credit card on a monthly or yearly basis. When you upgrade your plan, Sketchboard might charge for the changes immediately.

The recurring fee amount is based on your plan selection, it might be fixed or variable based on the plan. The recurring fee amount changes when a plan is changed.

Updating Plan

You can upgrade or downgrade your plan during a billing cycle. Sketchboard uses Stripe prorated costs on plan switch. Current plan unused remaining time is credited and new plan remaining time is added to the invoice, read more.

Canceling Your Subscription Plan

Your Sketchboard Subscription Plan will continue in effect unless you cancel subscription or we terminate your account. You must cancel your Subscription Plan before it renews to avoid billing of the next period fee.

Sketchboard Subscription Plans are prepaid and are non-refundable. Sketchboard does not provide refunds. You may cancel your Sketchboard Subscription Plan at anytime. Cancellation will be effective at the end of the subscription period and you will not be charged again. If you wish to cancel your Sketchboard Subscription Plan you may do so via Sketchboard Service.

In case your subscription payment fails, Sketchboard tries to bill you 3 to 5 times for the subscription period before your subscription is automatically canceled.

Should you elect to cancel Sketchboard Subscription Plan, your plan will be converted to Free Plan at the end of the subscription period. After the Sketchboard subscription period ends you can still login to Sketchboard Service and view boards as read only up to the limit provided by the free plan. Private boards can also be downloaded, but not modified.

You may continue to use Sketchboard Service as Free Plan and renew your Sketchboard Subscription at any time.

Modifications to the Service and Prices

Sketchboard is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Sketchboard provides may change from time to time without prior notice to you.

1. Sketchboard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change at any time. New Pricing info can be posted to the Sketchboard Site (https://sketchboard.io) or the Service itself. New pricing will be effective in the beginning of a new Subscription period.
3. Sketchboard shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Sketch Gallery

Sketch Gallery (name might be changed later) is part of Sketchboard Services.

• Sketchboard public boards are automatically shown publicly on Sketch Gallery. All updates and changes to the board will be shown as well.
• Publicly shown boards might get moderated, as stated in _Content in the Services_ section. In case in appropriate content is shown user account might be disabled as determined by Sketchboard in its sole discretion.
• Sketch Gallery content might in addition get ordered and filtered based on user actions.
• Private boards are not shown by default on Sketch Gallery, but can be manually published to Sketch Gallery. You understand that published snapshot boards can be seen by the whole world.
• This Terms of Service applies to Sketch Gallery as well.

Your passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Sketchboard for all activities that occur under your account.

If you become aware of any unauthorized use of your password or of your account, you agree to notify Sketchboard by email immediately to support@sketchboard.io>

Privacy and your personal information

When you register with Service account, we ask you to provide personal information, e-mail address and the password for the account. We use this personal information to communicate with you, to inform and take contact with you. The information may also be used in order to investigate, prevent or take action regarding unauthorized use of the services. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

Content in the Services

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

Sketchboard reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. You agree that you are solely responsible for (and that Sketchboard has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Sketchboard may suffer) by doing so. You agree not to use the Services:

• for any unlawful purposes;
• to defame, libel, riducile, mock, threaten, harass, intimate or abuse anyone;
• to upload, post, or otherwise transmit any content that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
• to upload, post, or otherwise transmit any content that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Sketchboard;
• to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct; or submitting any personally identifiable information about individual;
• to upload, post, or otherwise transmit any content which is likely to cause harm to Sketchboard or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Services which may cause any defect, error, malfunction or corruption to the Service;

Proprietary rights

You acknowledge and agree that Sketchboard (or Sketchboard’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Sketchboard acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Sketchboard, you agree that you are responsible for protecting and enforcing those rights and that Sketchboard has no obligation to do so on your behalf.

License from Sketchboard

Sketchboard gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Sketchboard as part of the Services as provided to you by Sketchboard (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Sketchboard, in the manner permitted by the Terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Sketchboard, in writing.

Unless Sketchboard has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

Content license from you

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying public content you give Sketchboard a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, provide search, publish, publicly perform, publicly display and distribute any public board Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Sketchboard to display, distribute and promote the Services.

You understand that Sketchboard, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media (c) your Content might be kept on a 3rd party hosting service where Sketchboard doesn't have any physical access. You agree that this license shall permit Sketchboard to take these actions. You confirm and warrant to Sketchboard that you have all the rights, power and authority necessary to grant the above license.

Contributions to Sketchboard Services

We appreciate our customers' interest in improving our services; however, please note our policy on external idea submission: By submitting ideas, suggestions, documents, and/or proposals ("contributions") to Sketchboard, you acknowledge and agree that:

1. your contributions do not contain confidential or proprietary information;
2. Sketchboard is not under any obligation of confidentiality, express or implied, with respect to the contributions;
3. Sketchboard shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way, in any media worldwide;
4. Sketchboard may have something similar to the contributions already under consideration or in development;
5. your contributions automatically become the property of Sketchboard without any obligation of Sketchboard to you; and
6. you are not entitled to any compensation or reimbursement of any kind from Sketchboard under any circumstances.

Ending your relationship with Sketchboard

The Terms will continue to apply until terminated by either you or Sketchboard as set out below. If you want to terminate your legal agreement with Sketchboard, you may do so by notifying Sketchboard at any time. Your notice should be sent, in writing, to Sketchboard’s address which is set out at the beginning of these Terms. Sketchboard may at any time, terminate its legal agreement with you if: you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or Sketchboard is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or the partner or service bought by Sketchboard with whom Sketchboard offered the Services to you has terminated its relationship with Sketchboard or ceased to offer the Services to you; or Sketchboard is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or the provision of the Services to you by Sketchboard is, in Sketchboard’s opinion, no longer commercially viable. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Sketchboard have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions shall continue to apply to such rights, obligations and liabilities indefinitely.

Exclusion of Warranties

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sketchboard, give you no warranty with respect to them. In particular, Sketchboard, do not represent or warrant to you that: your use of the Services will meet your requirements, your use of the Services will be uninterrupted, timely, secure or free from error, any information obtained by you as a result of your use of the Services will be accurate or reliable, and that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.

Limitation of Liability

Subject to overall provision, Sketchboard shall not be liable to you for any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; any loss or damage which may be incurred by you.

Advertisements

You acknowledge and agree that Sketchboard may send you advertisement related to Sketchboard Services by email. You may choose to opt-out/unsubscribe from receiving advertisement at any time from your account settings.

Changes to the Terms

Sketchboard may make changes to the Terms from time to time. When these changes are made, Sketchboard will make a new version of the Terms available at [https://sketchboard.io/tos](https://sketchboard.io/tos). You understand and agree that if you use the Services after the date on which the Terms have changed, Sketchboard will treat your use as acceptance of the updated terms.

General legal terms

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. You agree that Sketchboard may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

The Terms, and your relationship with Sketchboard under the Terms, shall be governed by Finnish law. You and Sketchboard agree to submit to the exclusive jurisdiction of the courts of Finland to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Sketchboard shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.