Terms and Conditions

MYDOMA TERMS OF SERVICE

Table of Contents

Welcome to Mydoma Studio, a project management site for interior designers which is owned and operated by Mydoma Inc. (“Mydoma”/ ”we”/”us”/”our”). This Terms of Service describes the terms and conditions (“Terms”/ “Agreement”) on which you may access the Mydoma website located at https://www.mydomastudio.com/ (the “Website”) together with a variety of services which include the ability for subscribing designers (“Designers”) to offer their digital products and services (“Digital Packages”) to consumers who have signed up to use  the Website (“Clients”).  Clients and Designers are collectively known as “Users” or “You” herein.  Collectively, access to and use of Mydoma services through the Website is referred to herein as the “Services”).   

THESE TERMS APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.   BY ACCESSING, BROWSING AND USING THIS WEBSITE AND/OR THE SERVICES, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

IF YOU ARE AN AGENT OR EMPLOYEE OF A DESIGNER YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER.

IF YOU SUBSCRIBE TO THE SERVICES FOR A FREE TRIAL, INPUT YOUR CREDIT CARD DETAILS AND CHOOSE A PAID PLAIN IN ADVANCE, THEN UNLESS YOU CANCEL PRIOR TO THE EXPIRY OF THE TRIAL PERIOD, THE TERMS WILL BE AUTOMATICALLY RENEWED ON A PAID SUBSCRIPTION BASIS AT MYDOMA’S THEN-CURRENT FEES. TO CANCEL THE TRIAL, YOU MUST  OPT OUT OF THE AUTO-RENEWAL/DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 9 BELOW. IF YOU SUBSCRIBE TO THE SERVICES UNDER A SUBSCRIPTION PLAN FOR A TERM, THEN THOSE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT MYDOMA’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL/DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 9 BELOW. 

THESE TERMS APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.   BY ACCESSING, BROWSING AND USING THIS WEBSITE AND/OR THE SERVICES, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

IF YOU ARE AN AGENT OR EMPLOYEE OF A DESIGNER YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER.

IF YOU SUBSCRIBE TO THE SERVICES FOR A FREE TRIAL, INPUT YOUR CREDIT CARD DETAILS AND CHOOSE A PAID PLAIN IN ADVANCE, THEN UNLESS YOU CANCEL PRIOR TO THE EXPIRY OF THE TRIAL PERIOD, THE TERMS WILL BE AUTOMATICALLY RENEWED ON A PAID SUBSCRIPTION BASIS AT MYDOMA’S THEN-CURRENT FEES. TO CANCEL THE TRIAL, YOU MUST  OPT OUT OF THE AUTO-RENEWAL/DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 9 BELOW. IF YOU SUBSCRIBE TO THE SERVICES UNDER A SUBSCRIPTION PLAN FOR A TERM, THEN THOSE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT MYDOMA’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL/DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 9 BELOW. 

1. Service Terms.

The Services are intended for use by interior designers and the core features of the Services allow subscribers to create and manage design projects. In addition to the general terms of use set in this Agreement, specific terms govern the offering of digital products and services by designers on the Website. Please see further Marketplace Terms. 

PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE DESIGNERS MANAGING PROJECTS AND PROVIDING SERVICES AND PRODUCTS TO CUSTOMERS DIRECTLY WITH EACH OTHER. MYDOMA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROJECT OR LISTED PRODUCT OR SERVICE OFFERED BY DESIGNERS ON THE WEBSITE OR THROUGH THE SERVICES NOR DOES MYDOMA MAKE ANY REPRESENTATIONS OR WARRANTIES IN RELATION TO THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROJECTS, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE. MYDOMA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PROJECTS, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE BY THIRD PARTIES, AND ANY CONTRACT FOR SERVICES OR PRODUCTS (INCLUDING DIGITAL PRODUCTS) WILL BE MADE OR ACCEPTED AT THE USER’S OWN RISK.

2. Personal Information.

2.1 Your Personal Information.

In order to access certain Services, You may be required to create an account and/or provide personal information (such as your name, identification, contact details, billing information, etc.) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any such personal information requested by and provided to Mydoma will be accurate, correct and up-to-date. We agree to treat with care the information you entrust to us, in accordance with our Privacy Policy, and you agree to the use of your data in accordance with Mydoma’s Privacy Policy. Mydoma reserves the right to refuse service, terminate accounts, remove or edit content, or cancel purchases in its sole discretion if it believes that any inappropriate behaviour is exhibited by any user.

2.2 Your Customers’ Personal Information.

As part of the Services, we will host and store Designer’s data including the personal information of your customers.  We will access and use such personal information for the purpose of providing the Services, all in accordance with our Privacy Policy.

(a) Designer as Controller.  Designers agree that if you, or any personal data submitted by you to the Service, is subject to the General Data Protection Regulation (“GDPR”), or related laws including related laws of European Union member states: (i) you are the data controller of such “personal data” (as defined under the GDPR) and Mydoma is a data processor of such personal data; and (ii) you further represent that you have undertaken all requirements to comply with all privacy and data protection laws including but not limited to GDPR.  Such requirements may include but are not limited to maintaining adequate records and registration requirements with supervising or other regulatory authorities.

(b) Legitimate purpose/consent.  You agree and represent to Mydoma that all personal data you collect, provide, or otherwise use in any way in relation to the Service is necessary for your legitimate business interests and is not overridden by fundamental rights of the subject individual, and otherwise that you have all rights and obtained all necessary consents to collect, provide, manage, all personal information which you provide to Mydoma for any purpose.  You further represent and warrant that you will not collect, provide or otherwise use in any way in relation to the Services any special category of personal data as described in GDPR.

3. Marketplace Terms: Designers.

3.1 Merchant Offerings.

Designers may create Merchant Offerings for digital products or services to offer directly to other users of the Website (“Merchant Offerings”). To create a Merchant Offering, you are responsible for creating, pricing, uploading and managing digital content as per the Mydoma website. Merchant Offerings will be made publicly available via the Website. Other users will be able to purchase Merchant Offerings based upon the information provided in your Merchant Offering. You understand and agree the information provided in a Merchant Offering must be accurate and you must honour the pricing indicated for the Merchant Offering.

3.2 Responsibilities.

You acknowledge and agree that you are solely responsible for any and all Merchant Offerings and content you post through the Services and on the Website. Accordingly, you represent and warrant that any Merchant Offering you post and the permitted use of the same by a Client will not breach any third party intellectual property rights or be in breach of any agreements you have entered into with any third parties and that your Merchant Offerings will be in compliance with applicable laws. Mydoma reserves the right, at any time and without prior notice, to remove or disable access to any Merchant Offering for any reason, including Merchant Offerings that Mydoma, in its sole discretion, considers to be objectionable for any reason or in violation of these Terms.

It is the responsibility of Designers offering Merchant Offerings through the Website to obtain and maintain appropriate insurance to cover any potential liability to customers in respect of Merchant Offerings.

3.3 Orders.

Designer will be responsible for order fulfillment directly with Users as well as providing information reasonably requested by Mydoma in relation to Merchant Offering and your content. You shall provide all post-transaction customer support including accepting returns and answering inquiries from Users. In the event of a dispute or complaint raised by a User with an order or Merchant Offering, it is your responsibility to resolve the dispute in a commercially reasonable manner with that User.

4. Marketplace Terms: Clients

4.1 Purchases.

If you choose to purchase Merchant Offerings through the Website, you acknowledge and agree that the Merchant Offerings are created and delivered by the applicable Merchant and Mydoma has no responsibility or liability for the same. For greater certainty, Mydoma does not endorse any services offered by members or any Merchant Offerings.

4.2 Responsibilities.

 You are required by these Terms to provide accurate information, and although Mydoma may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or any user’s purported identity, background or design credentials. Mydoma is not responsible for any damage or harm resulting from your interactions with other users.

5. Marketplace Pricing and Payments.

5.1 Merchant Offering Costs.

Designer is responsible for advertising the total amount to charge end users for a Merchant Offering, which should include the retail price of the item and all relevant taxes.

5.2 Redeem Process.

When a Client purchases a Merchant Offering, the end user must be charged and pay for the applicable Merchant Offering through the Mydoma payment processor. Mydoma will retain the applicable transaction fee and the balance of the payment will be remitted to you, the Designer.

5.3 Taxes.

If you offer any chargeable products or services through the Website, you understand and agree that you are solely responsible for determining (a) your applicable tax reporting requirements, and (b) the taxes that should be included, and for including taxes to be collected or obligations relating to applicable taxes in Merchant Offerings. You are also solely responsible for remitting to the relevant authority any taxes included or received by you. Mydoma cannot and does not offer tax-related advice.

5.4 Returns/Refunds.

In the event that a Designer has to reimburse or refund a user for the purchase of a Merchant Offering, Mydoma shall be entitled to retain the transaction fee and the designer will have to reimburse the user for the full value of the purchase.

5.5 Payment Processing Errors.

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

6. User Content.

You are solely responsible for all content provided, uploaded or otherwise made available through the Website or Services, including the accuracy, quality, integrity and legality of such content, the means by which you acquire, use and transfer the content, the means by which you upload the content onto the Website, and making and keeping backup copies of content. You represent and warrant that (a) the use, public display, public performance, reproduction, distribution, or modification of content does not and will not violate or infringe the proprietary rights of any third party including, but not limited to, copyrights, trade secrets, trademarks, patents, moral rights, rights of publicity, or privacy, and (b) you will not upload, record, publish, post, link to or otherwise use, transmit or distribute content that: (i) advocates, promotes, incites, instructs assists or otherwise encourages violence or any illegal activities; (ii) is materially false, misleading, or inaccurate; (iii) promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, hateful, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (iv) constitutes fraud, misrepresentation or unlawful business practices; or (v) otherwise violates any law, statute, ordinance, or regulation, including without limitation the laws and regulations governing data protection or privacy. For greater certainty, Mydoma has the right, but not the obligation, to monitor content and to remove any content from the Website including any Merchant Offering which breaches the terms of this Agreement and to report any violation as Mydoma considers appropriate to the applicable authorities.

7. General Use of the Services.

7.1 Accounts.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. For your protection and the protection of Mydoma’s other customers and users of the Services, You agree not to share your registration information (including password, user name, screen name, etc.) with anyone for the purpose of facilitating their access and unauthorized use of the Services. You alone are responsible for all transactions, messages posted, statements made, or acts or omissions that occur within any Services through the use of your registration information. If You become aware of any unauthorized use of your password or of your account, You agree to immediately notify Mydoma via email (support@mydomastudio.com). Mydoma is not responsible for any losses arising out of the unauthorized use of your password or account.

7.2 Software restrictions.

As a condition of being granted access to the Website and our Services YOU AGREE NOT TO:

  1. Misuse our Services by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful and would affect the enjoyment or use of the Website, software and/or Services.

  2. Save, capture, download, upload, print or otherwise keep information and/or content available on the site, other than what is already expressly allowed by these Terms.

  3. Share registration information (including, but not limited to: password, user name, screen names, etc.), permit or provide third party access to your account or Mydoma Services.

  4. Copy, modify, redistribute, republish, alter, license, transfer or adapt any of the information, text, graphics, source code, or other content available on the Website.

  5. Licence, lease, assign, remove or in any way try to modify any intellectual property or other proprietary content from Mydoma or available on through Mydoma’s Services.

  6. Attempt to gain unauthorized access to the Website, the server on which Website is stored or any server, computer or database connected to the Website for any purposes.

  7. Attack the Website, software including via a denial-of-service attack or a distributed denial-of service attack.

  8. Use the Website to entreat upon, modify, use unauthorized, exploit or infringe a third party’s intellectual property, personality, publicity or confidentiality rights.

  9. Exploit the Website, software and/or Services in any other unauthorized way whatsoever (including, but not limited to, by trespass or burdening network capacity).

  10. Misrepresent yourself (i.e., identity or personal information, etc.) when accessing or using the Website.

  11. Post obscene, harassing, defamatory, violent, pornographic, threatening, objectionable or illegal material on the Website; the assessment of which is at the sole discretion of the Mydoma.

  12. Advertise or in any other way solicit funds, products or services on the Website, other than what is already expressly allowed by these Terms.

You agree that you are solely responsible for any breach of its obligations under the Terms and for all consequences (including any loss or damage which Mydoma may suffer) of any such breach; and Mydoma has no responsibility to you or to any third party for any consequences arising from any such breach by you (or any other user). We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or the Website.

7.3 Termination.

Mydoma has the sole and absolute discretion to cancel user accounts and terminate access to the Website, software and/or Services, without any advance notice if inappropriate behaviour is deemed to have occurred.

8. Liability Terms.

8.1 DISCLAIMERS.

THE SERVICES, CONTENT, INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE BY MYDOMA ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (A) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (B) THE FUNCTIONS CONTAINED ON THIS WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (C) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT FOR ANY EXPRESS WARRANTIES GIVEN IN RELATION TO GOODS SOLD ON THE WEBSITE, WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY MYDOMA MERCHANT THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. NO THIRD PARTY IS ENTITLED TO MAKE ANY MODIFICATIONS EXTENSIONS OR ADDITIONS TO WARRANTIES PROVIDED BY MYDOMA. ANY WARRANTIES FOR DIGITAL PRODUCTS AND/OR SERVICES OFFERED BY MYDOMA MERCHANTS ARE AS DESCRIBED IN THE MARKETPLACE TERMS AND SUCH WARRANTIES ARE OFFERED BY THE APPLICABLE DESIGNER, NOT MYDOMA.

8.2 LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL MYDOMA BE LIABLE FOR ANY DAMAGES INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR SERVICES OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, EVEN IF MYDOMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYDOMA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) AMOUNTS YOU’VE PAID MYDOMA IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8.3 INDEMNIFICATION.

YOU AGREE TO INDEMNIFY AND HOLD MYDOMA AND ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

8.4 Release.

Because Mydoma does not control third party payment processing companies or merchants, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and organizers and creators or hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, now and in the future, arising out of or in any way connected with your use of the Website.

8.5 Enforcement.

If any part of these Terms is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Any failure by us to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by us of any provision of these Terms shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this Website, Services or your use of this Website or Services must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

9. Services Fees; Renewal and Refund Policies; Trials

9.1 Pricing.

Membership of the Mydoma Services is granted to Users on a subscription basis. Monthly or yearly membership fees for the use of the service are subject to the usage plan selected by you as advertised publicly on the pricing page at: https://www.mydomastudio.com/pricing.  

9.2 Free Trials.

Free trial plans may be provided to give a user temporary use of the software to trial the Services. Users may be required to provide credit card information (but will not be charged) during a trial. During this period, limitations may be placed on features and/or storage space requirements. Mydoma reserves the rights to change the features and storage requirements associated with free trial accounts at any time for any reason. Mydoma may offer a referral program for free trial users to receive free projects. Trial accounts and referral projects may also be terminated at the decision of Mydoma if Mydoma believes the account is not acting in the best interest of Mydoma. If you receive a free trial of the Services and subsequently enter into a paid subscription plan, you will not have the right to terminate the subscription during the first month of the subscription.

9.3 Free Trial to Paid Subscription.

 If you sign up for a paid account and provide your credit card details when  you sign up for a trial, if you don’t cancel that account before the end of any provided free trial period, you will be billed starting on the first day following the trial period.  If you cancel prior to the processing of your first invoice (i.e. up to and including the last day of your free trial), your access to the Services will terminate, and your credit card will not be charged. 

9.4 Automatic Renewal.

Your subscription will continue indefinitely until terminated in accordance with these Terms.  After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Mydoma’s then-current price for such subscription.  You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date.

9.5 Cancellation.

In order to cancel your free trial or subscription, you need must make a request to Mydoma in writing (i.e. by emailing support@mydomastudio.com) and Mydoma will send you a cancellation request form to complete and return to Mydoma. Your cancellation will not be effective until you submit the cancellation form to Mydoma.

9.6 Billing, Taxes and Fee Changes.

The Services are billed in advance on a monthly or annual basis and are non-refundable. If you sign up for an annual paid account, we will bill you for the entire year on the date that you sign up for this account. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you cancel the Services before the end of your current paid up month, your account will remain open until the end of the then-current billing cycle, after which the cancellation will take effect and you will not be charged for the next month or be able to access your account. Prices of all Services, including but not limited to monthly subscription plan fees to the Services, are subject to change upon 30 days’ notice from us. Such notice may be provided by email or by an update to the pricing page on the Website.

9.7 Credit Card Information.

In order to use the Services under a paid subscription you must provide your credit card information. This information will be stored in accordance with the Mydoma Privacy Policy. Mydoma may terminate the membership and these Terms if is it unable to renew the membership due to outdated or inaccurate credit information or registration information. Right of access is effective only upon receipt of payment of the membership fees.

9.8 Payment Processing.

Mydoma provides you with the option to use a payment processing tool through a third party integration. You are responsible for paying the associated credit card processing fees outlined on the Website. You are also subject to an additional convenience fee by Mydoma for integrating the payment processing tool. Credit card processing fees are non-refundable.

10. Links to Other Websites

10.1 Third-Party Links and APIs.

The Mydoma Website contains a number of links to other websites and online resources that are not owned or controlled by Mydoma. Some of the functionality of the Services Mydoma interoperates with, and are highly dependent upon, application programming interfaces (APIs) Mydoma has no control over, and therefore cannot and will not assume responsibility for the content or general practices of any of these Third Party websites, products and or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on Mydoma website.

If at any point such third-party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third party services without entitling you to a refund, credit or other compensation. Your only recourse shall be to stop using Mydoma and the Services provided by Mydoma. In addition, the User authorizes Mydoma to do so, Mydoma may grant third parties access to some or all (depending on the permission the User gives) of the User’s private data, content and information through our own API for use in connection with their services.

10.2 Disclaimer.

User acknowledges that such sites and services are completely independent of Mydoma and Mydoma has control over them, Mydoma accepts no liability in respect of the Users use, ability or inability to use them or any of the content of such sites. User acknowledge that any use of the products and services offered by such third party services providers (e.g. for the purposes of payment processing) will be at the sole risk of the User. User acknowledges that use of such third party service providers and their websites and services is, except where prohibited or modified by applicable law, subject to the terms, conditions and policies established by the third party service providers. User expressly holds the Mydoma harmless and hereby releases Mydoma from any liability whatsoever whether arising out of contract, tort or otherwise for and from any claims arising out of your use of, or inability to use, the products and services of third party service providers whether or not such use is ancillary to the User’s use of Mydoma. Mydoma provides third-party links and content for the sole purposes of information. Use of the contents does not constitute an endorsement or a recommendation of the content or of the third party.

11. Intellectual Property

11.1 Copyright.

All content and software on the Website and Services, is the exclusive property of Mydoma, its content suppliers or other third parties and is protected by Canadian and International copyright laws. Except as is expressly permitted by these Terms, any use of the Website, software and/or Services content, including reproduction (whether by copying, caching, framing or similar means), modification, distribution, transmission, republication, display or performance, or replication, without the prior written permission of Mydoma is strictly prohibited.

11.2 Trademarks.

“MYDOMA” and all other trademarks designated on the Site, Software and/or Services by the use of *, ®, ℠, or ™ are trademarks of Mydoma and all other products, brands, company names and logos and trademarks displayed on the Website, and/or Services or used in connection with the products and/or services displayed or referred to on the Website, and/or Services are the trademarks of Mydoma and/or its suppliers or third party licensors. Any use of any of such names, logos or marks that appear on the Website, and/or Services without the express written consent of Mydoma and/or the applicable third party, as applicable, is strictly prohibited.

11.3 Users Work.

Design work created by the user remains the property of that user and/or designer. Mydoma agrees not to reproduce, duplicate, copy, modify, sell, lease, rent, trade, distribute or resell the user’s work or services for any purpose, or create any derivative works based on the user’s work or services in any manner without that user’s permission.

11.4 Reservation of Rights.

Except for the rights and licenses granted in this Agreement (and except for user content and Merchant Offerings), Mydoma owns and shall retain all right, title and interest (including without limitation all patent rights, copyrights, trademark rights, trade secret rights and all other intellectual property rights therein) in and to the Website, and any other materials provided or made available by Mydoma. Mydoma grants Designer no further licenses of any kind hereunder, whether by implication, estoppel or otherwise. You acknowledge that only Mydoma shall have the right to maintain, enhance or otherwise modify the Website.

11.5 Suggestions.

Mydoma shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual, unrestricted license to use and/or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Website or the services provided through the Website.

12. Data Fair Usage Policy

Given the rate at which most of our customers consume data, you are unlikely to exceed the data usage levels specified in this policy. Our data fair usage is three (3) gigabytes per design studio, unless otherwise specified in your plan at the time of purchase. To help manage your data usage, we will email you prior to you hitting the storage cap on your account. Should you require more storage, additional fees may be billed for the extra storage requirements.

13. Governing Law

This Agreement is governed in accordance with the laws of province of Ontario, Canada. Where possible, disputes shall be resolved through binding arbitration in Ottawa, Ontario and shall be conducted as agreed upon or permitted by the Arbitrator. Costs of Arbitration shall be born equally by both parties, but each party would be responsible for their own expenses and attorney’s fees related thereto. All disputes between you and Mydoma, if not resolved through binding Arbitration shall be finally resolved in accordance with the laws of the province of Ontario

14. Changes

Mydoma may alter, suspend, or discontinue this Website or Services sold at any time and for any reason or no reason, without notice. The Website or Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. In addition, Mydoma may periodically modify the Terms of this agreement. Any changes are considered to be effective immediately. Notice may or may not be given to you via email, a posting on the Website or through other means. The date on which these Terms were last updated is set out at the bottom of this document. It is your responsibility to check the Website periodically for changes. Continued use of the Website will be deemed irrefutable acceptance and agreement to any modifications. You should visit this page periodically to review these Terms. If you do not agree to the modified Terms of this Agreement, Mydoma does not provide you with continued authority to access the Website, software and/or Services.

15. Independent Contractors.

Nothing in this Agreement will be construed as creating a relationship of employer and employee, principal and agent, partnership or joint venture between the Parties. Each Party will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other party except as may be expressly provided herein. This Agreement will be binding and have effect upon the Parties and their respective successors and permitted assigns. Nothing herein, express or implied, is intended to confer upon any person, other than the Parties and their respective successors and permitted assigns, any rights, remedies, obligations or liabilities under this Agreement.

16. Miscellaneous

16.1 Assignment.

Neither party may assign or transfer its interest in this Agreement without the written consent of the other party (such consent not to be unreasonably withheld). Notwithstanding the foregoing, Mydoma may assign this Agreement in its entirety, without consent of the other party, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets. This Agreement shall inure to the benefit of and be binding upon the respective successors and permitted assigns of the parties hereto.

16.2 No waiver.

If any part of this agreement is held to be invalid or otherwise unenforceable, the provision shall no longer form part of this agreement. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege. It is not intended that any agency or partnership relationship be created by this agreement.

16.3 English.

It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.