Terms & Conditions
Acceptance of Terms
These Terms of Service (referred to as the “Agreement”) between DraftssTech Applications Private Limited (“we”, “us”, or “Draftss”) and you govern your access and use of our web platform available through www.draftss.com (referred to as the “Site”) and the subscription or other services we provide (referred to as the “Services”). By utilizing this Site and accessing our Services in any manner, you acknowledge that you have carefully read, comprehended, and consent to be bound by this Agreement.
We retain the right to update this Agreement periodically. By continuing to utilize this Site and the Services post-update, you accept the modifications in their entirety. All updates will become effective upon being posted. We highly recommend that you regularly check the “Terms of Service” link on the home page whenever you visit this Site to stay informed about any updates
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Privacy Policy
Our Privacy Policy, accessible at https://draftss.com/privacy (referred to as the “Privacy Policy”), outlines the procedures governing the usage of your personal information. Your ongoing use of this Site signifies your agreement to the terms outlined in the Privacy Policy, which is integrated herein by reference. Should you have any reservations regarding the utilization of your personal information in accordance with the Privacy Policy, we kindly request that you exit this Site promptly. Please be advised that access to this Site is limited to individuals who are at least 18 years of age.
The Services
Subject to your compliance with the terms of this Agreement, as well as your subscription for an applicable plan and our timely receipt of associated payment(s), we will render the Services available to you for the duration of your subscription term. We will exert commercially reasonable efforts to ensure the availability of the Services, subject to planned downtime and any unforeseen emergency maintenance. Please note that we reserve the right to modify, replace, or discontinue the Services at our discretion, without prior notice to you.
You may access and use the Services solely in accordance with the terms set forth in this Agreement. You agree to provide accurate and current information about yourself as prompted by any form on the Site (“Registration Data”), and to promptly update such information to ensure its accuracy. It is your responsibility to maintain the security of your password and account information, and to notify us immediately of any unauthorized use of your account. Each user of the Services must have a separate username and password, and you agree to provide a valid email address for each authorized user. Additionally, you agree to furnish any other information reasonably requested by us.
You are responsible for procuring and maintaining all necessary telecommunications, broadband, and computer equipment and services required to access and use the Services, and for all associated charges.
We reserve the right to terminate your account without prior notice or liability if, in our sole discretion, we determine that you have violated the terms of this Agreement, engaged in conduct inconsistent with our model, shared usernames or passwords, violated our core values, abused our services or team, or used our services for illegal purposes.
“Deliverables” refer to content developed and provided specifically for you based on your design requests, excluding Licensed Content, which is subject to certain license restrictions.
“Licensed Content” means stock or otherwise pre-existing content elements that we own or license from a third party, including artwork, stock photographs, audio, typeface, video, designs, and writings. While you are, and will be, the sole and exclusive owner of all right, title, and interest in and to the Deliverables, the Licensed Content incorporated in the Deliverables is subject to the license described in Section below. No rights are granted to you to any Licensed Content other than as expressly set forth herein.
Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal business purposes. You may not access or use the Services in order to monitor its availability, performance, or functionality for competitive purposes. You may not, and may not permit any third party to: (a) reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble or otherwise attempt to discover source code, object code or underlying structures, ideas or algorithms of the Services, (b) modify, translate or create derivative works based on the Services, (c) use the Services for any purpose other than its own internal purposes; or (d) use the Services other than in accordance with the Agreement and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).
You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit in any manner any feedback, suggestions or recommendations that you provide to us.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You may not use our service or products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction while using the Service. (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
Use of the Services
You may use the Service for as many projects as desired under your applicable subscription, provided your account is in good standing, meaning you have paid your subscription fee and complied with the overall Terms of Service.
Draftss accepts unlimited requests and revisions; however, the volume and speed of turnarounds are determined by several factors, including: (i) the working hours of the assigned design team, (ii) the number of subscriptions a client has, (iii) the type of subscription(s) a client has, (iv) the number of requests a client makes, and (v) the complexity of requests. As these factors can fluctuate, Draftss makes no guarantee of a specific amount of design outputs that can be delivered with a single subscription.
Human error happens, whether on our end or yours. Therefore, it is essential to carefully review each output you receive from Draftss to ensure they meet your intended use. If any errors or inaccuracies are detected, it is your responsibility to request revisions within the scope of the Draftss service. Although we strive to minimize errors in the final Deliverables, we cannot guarantee 100% error-free outcomes due to the inherent nature of creative design. Upon receipt of a file, you agree to review and proof all content for any errors or omissions and promptly notify us of any required changes or corrections within seven (7) days. We will expedite edits to rectify any mistakes notified within this timeframe. However, we are not obligated to address errors reported after this period, though we may endeavor to collaborate with you to effect necessary corrections.
This is particularly important for print projects. Thoroughly review your design files before submitting a print order, and we recommend performing a test print to ensure all design elements, including components like QR codes, are displayed with the required clarity. If errors or inaccuracies are found, it is your responsibility to request revisions within the scope of the Draftss service.
You retain ownership and/or control of all information, data, or materials provided to us for use in the Services (“Customer Content”). By submitting Customer Content, you represent that you own or have the necessary rights, licenses, and authorizations to distribute it. You grant us a worldwide, royalty-free, non-exclusive license to access and utilize Customer Content for the provision of the Services.
You are, and will remain, the sole and exclusive owner of all rights, titles, and interests in and to the design outputs you receive from Draftss, including all intellectual property rights therein. This provision is subject to your compliance with this Agreement, your full payment of applicable amounts due, and other terms of service.
If you wish to sell any of the design outputs you receive from Draftss through its Service, you must inform your design team when making your design request. If you or your company will not be the end-user of a design output and intend to resell it, you must notify your Draftss design team to ensure all elements of the design output have the appropriate licenses and/or are created as custom elements for your commercial use (i.e., resale).
We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of services or service pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.
You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the Deliverables, including all intellectual property rights therein. We agree that with respect to any Deliverables that may qualify as “work made for hire” as defined in 17 U.S.C. §101, such Deliverables are deemed a “work made for hire” for you. To the extent that any Deliverables do not constitute a “work made for hire,” we irrevocably assign you all right, title, and interest throughout the world in and to the Deliverables, including all intellectual property rights therein. Notwithstanding the foregoing, the terms of this Section are subject to your compliance with this Agreement, your full payment of applicable amounts due and the terms of Section below. You grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, host, run, copy, reproduce, process, adapt, translate, publish, transmit, display and distribute any Deliverables that we develop in connection with the Services solely to provide the Services to you and manage your account. We may also use the Deliverables and other information regarding you and your use of the Services for internal purposes to improve and enhance our Services and in an aggregated form to illustrate the scope of our Services for marketing and advertising purposes.
We do not condone the use of our Services for discriminatory purposes based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. Any such usage may result in permanent or temporary suspension of access to the Services, at our sole discretion, without notice or liability.
The Services may offer the option to utilize AI generated content as part of Deliverables. By agreeing to such usage, you agree to comply with Third Party’s terms of use regarding AI generated content, separate from and in addition to Draftss’s Terms of Service. We bear limited control over AI generated content and make no warranty or representation regarding its accuracy, completeness, reliability, ownership, or non-infringement. Utilization of AI generated content is at your own risk.
Use of Licensed Content
Upon compliance with this Agreement and full payment of applicable fees, we grant you a revocable, non-exclusive, non-transferable, royalty-free, worldwide license to use the Licensed Content for personal or professional purposes as incorporated into a Deliverable. The Licensed Content is licensed for a single use only within the specific Deliverable. You are permitted to broadcast, display, distribute, or reproduce the Deliverable containing the Licensed Content as part of that Deliverable. Should you intend to use the Licensed Content for another project, end product, or different purpose, a separate license must be obtained. Stand-alone usage of the Licensed Content is strictly prohibited. You agree not to engage in activities such as stockpiling, selling, leasing, sublicensing, distributing, copying, reproducing, republishing, reverse engineering, downloading, data mining, or modifying any Licensed Content provided by us, except as expressly permitted.
In cases where we license the Licensed Content from third parties, such as Adobe Stock or Envato or Freepik, you are required to adhere to the relevant third-party license terms. These terms are distinct from and supplementary to Draftss’s Terms of Service. Without our explicit consent, you are prohibited from actions such as selling, reselling, renting, leasing, sublicensing, assigning, granting a security interest in, or otherwise transferring any rights to use Licensed Content independently from the Deliverable, altering, adapting, translating, converting, modifying, or creating derivative works of any Licensed Content, falsely representing yourself as the original creator of Licensed Content, using Licensed Content in unlawful or inappropriate manners, allowing others to download, extract, or redistribute Licensed Content as a standalone file, or using Licensed Content in contexts that may be considered unflattering or unduly controversial.
Ownership of the Licensed Content remains with our licensors and us, regardless of whether it is downloaded through our stock services or incorporated into your Deliverable. We reserve the right to terminate, revoke, or withdraw all licenses granted herein upon your failure to comply with any provisions of this Agreement. In the event of termination, you forfeit all rights to utilize the Licensed Content, including any that may have been incorporated into your Deliverable.
Fees
The use of our Services requires the payment of recurring fees. Prior to our obligation to provide any Services, you must pay the specified fees and applicable taxes in full, based on the amounts and billing frequency outlined during your registration. You may update these details prospectively as needed. All fees are due upon receipt of the invoice. The absence of an invoice from Draftss does not absolve you of your responsibility to pay the fees as specified at registration. By registering for the Services, you authorize us to charge your selected payment method (e.g., credit card) for the fees and applicable taxes starting from your registration date and in accordance with your chosen billing frequency (e.g., monthly, quarterly, annually). We reserve the right to suspend or terminate your account if you fail to make timely payments. All fees under this Agreement are non-cancelable and non-refundable.
We reserve the right to modify our fees with a 5-day advance notice. Your continued use of the Services constitutes acceptance of such changes. We are not obligated to notify you of temporary promotions or fee reductions.
You may cancel your subscription at any time through our application or by contacting your project manager. If you cancel before the next renewal cycle, you may continue to use your account and access your design files until the end of your current paid billing term. Upon the expiration of your subscription, access to our Services and all associated design files will be terminated. We do not offer refunds or credits for partial months of service, downgrades, or unused time.
Refunds
It is the sole responsibility of subscribers to cancel their Draftss subscription before their billing date if they are not satisfied with the service, have not used the service, or do not intend to use the service. Refunds will only be considered under extenuating circumstances, at the discretion of Draftss, and will not be granted due to client inactivity or failure to cancel the subscription prior to the billing date.
Once a subscription payment has been processed, the service will continue to be delivered until the end of the subscription period unless a refund request is submitted and approved.
All refund requests are reviewed, approved, and processed at the sole discretion of Draftss and are subject to a 6.5% administrative fee (6.5% of the refund value). This fee covers the non-refundable charges applied by the secure payment processing platform.
If a refund request is approved for a month-to-month subscription, the refund will be issued for either a pro-rated monthly payment or one full monthly payment, at the discretion of Draftss, and will be processed to the original payment method within 3-7 business days. Refund requests for month-to-month subscriptions will not be approved for more than one pro-rated monthly payment or one full monthly payment.
If a refund request is approved for a quarterly, bi-annual, or annual subscription, the refund amount will be equivalent to the cost of the remaining subscription term, less the cost of the subscription used to date. The cost of the subscription used to date will be calculated based on the full price of the monthly subscription, and any promotions or promotional pricing applied to the quarterly, bi-annual, or annual subscription will no longer be valid. Approved refunds, at the discretion of Draftss, will be issued to the original payment method within 3-7 business days.
Confidential Information
For the purposes of this Agreement, “Confidential Information” refers to non-public or proprietary information, including, but not limited to, information regarding current or future business activities, products and services, research, images, development, design details and specifications, and marketing plans.
During the course of our relationship, you may disclose your Confidential Information to us. We agree to keep such information confidential and not disclose it to any third party, except as approved or directed in writing by you. We will use your Confidential Information solely for the purpose of providing the Services. Access to your Confidential Information will be restricted to those employees, officers, directors, contractors, representatives, and agents who are directly involved in providing Services to you. We will be responsible for any breach of this provision by our employees, officers, directors, contractors, representatives, and agents.
Notwithstanding any provisions of this Agreement, the term “Confidential Information” does not include information that: (a) was publicly available at the time of disclosure or has entered the public domain without breach of this Agreement; (b) was rightfully in the possession of a party at the time of disclosure; (c) is independently developed by a party without breach of this Agreement; or (d) becomes known to a party from a third party source without restriction and without breach of this Agreement.
The confidentiality obligations under this Agreement shall survive for three (3) years following the termination of this Agreement.
Portfolio License & Publicity
You hereby grant Draftss a limited, nonexclusive, non-sublicensable, royalty-free worldwide license, referred to as the “Portfolio License,” to use, publish, and display any deliverables developed in connection with the Draftss Service. This license is granted for the purpose of marketing and advertising for Draftss, as well as for demonstrating how the Draftss Service works on the Draftss client dashboard.
Unless you provide us with written notice specifying any reasonable restrictions or requirements, you agree that we may identify you as a customer and use your name(s) and logo(s) in the following contexts: (a) our digital, online, and printed marketing materials, including our websites; and (b) external-facing presentations, including those to individual clients and prospects.
Term and Termination
This Agreement will automatically expire and terminate upon the expiration or termination of your account or subscription to a Service. However, all provisions of this Agreement that by their nature should survive termination will continue to remain in effect, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
We reserve the right to terminate this Agreement at any time upon notice if you default or breach any term of this Agreement. Upon the expiration or termination of your account or subscription to a Service, all rights under this Agreement relating to such Service will immediately terminate. You will lose all access to the applicable Service, including your account, Customer Content, and any other files. If we terminate the Agreement due to your breach, any licenses to Licensed Content will also terminate.
Communications
If you send specific submissions at our request (such as contest entries) or submit creative ideas, suggestions, proposals, plans, or other materials without a request from us, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments you forward to us in any medium. We are under no obligation to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, you agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, impersonate someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Disclaimer of Warranties
The Site and the Services (including but not limited to Deliverables, Licensed Content, and AI generated content) are provided on an “as is” and “as available” basis. We make no representations or Warranties regarding Our Services, and to the extent Permitted by Law, We Disclaim All Warranties, whether express or implied, including but not limited to Warranties of Merchantability, Fitness for a Particular Purpose, Non-infringement of Intellectual Property, and other Violations of Rights, whether arising by Law, Course of Dealing, Course of Performance, Usage, Trade, or otherwise.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Liability Waiver
We shall not be liable for any Lost Profits, Revenues, Data, Financial Losses, or Indirect, Special, Consequential, Exemplary, or Punitive Damages arising out of or in Connection with your use or inability to use this Site. To the extent permitted by Law, our Total Liability for any claims under these Terms, including for any Implied or Express Warranties, shall not exceed Fifty Dollars ($50.00), regardless of the Cause of Action, whether in Tort, Contract, or otherwise. This Paragraph does not affect any Liability that cannot be excluded or limited under Applicable Law.
In no event shall Draftss, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to Defend, Indemnify, and hold us Harmless from and against any Claims, Liabilities, Damages, Losses, and Expenses, including reasonable Attorney’s Fees and Costs, arising out of or in any way connected to your Customer Content or use of the Services, any Deliverables, Licensed Content, or AI generated Content, including but not Limited to Violations of any Third-Party License Terms. You shall cooperate with us as reasonably required in the Defense of any Claim. We reserve the Right to assume the Exclusive Defense and Control of any matter subject to indemnification by you, and you agree not to settle any such claim without our Prior Written Consent.
Prohibited Uses
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content for the following purposes: (a) any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Non-solicitation of Employees
Third-Party Links
Certain content, products, and services available through our service may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party websites. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Digital Millennium Copyright Act
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site infringe your copyright, you may request the removal of those materials by submitting a written notification to our designated agent.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include the following information:
(1) Your physical or electronic signature;
(2) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this site, a representative list of such works;
(3) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
(4) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
(5) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
(6) A statement that the information in the written notice is accurate; and
(7) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Non-Waiver
The failure of either party to exercise any right provided under this Agreement shall not be deemed a waiver of any future rights. A waiver by either party of any term or condition of this Agreement, or any breach thereof, in any single instance, will not constitute a waiver of such term or condition or any subsequent breach.
Force Majeure
If we are unable to fulfill any obligation under this Agreement due to circumstances beyond our reasonable control, including but not limited to pandemics, government shutdowns, lightning, floods, exceptionally severe weather, fires, explosions, wars, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services, or other third-party services, and hostile network attacks (each a “Force Majeure Event”), we will not be liable for such failure to perform. We will resume performance promptly upon the removal of the Force Majeure Event.
Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such a determination will not affect the validity and enforceability of the remaining provisions.
Entire Agreement
If you have executed a separate agreement with us regarding your access to and use of this Site or our Services, the terms and conditions of that agreement will prevail in the event of any conflict with this Agreement. In all other cases, this Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior communications and proposals.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
In the future, we may also offer new services and/or features through the website, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.
Changes To Terms Of Services
You can access the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
