Terms of Service
Effective Date: 1 Oct. 2020
Digital Agua, Inc. d/b/a Figurosity is a company existing and organized under the laws of the state of
California, in the United States. Hereafter, Digital Agua shall be referred to as Figurosity, we, us, or any
similar expression. This website and its content (Content) are intended for use and access by
customers of figurosity.com and related sites (Site) whereby customers can create and post digital
designs that can be customized, downloaded, and incorporated into customer content (collectively, with all
other services accessible through the Site, the Services). Hereafter a customer may be
referred to as you, your, or user etc.
By creating an Account, you hereby indicate your complete and unconditional acceptance of all the terms and
conditions herein. This Agreement constitutes the complete agreement between you and Figurosity with regard
to your access, download, and/or use of Content except in the case where you have a version of these Terms
of Service signed by both parties, in which case the signed agreement will supersede these terms. Except for
any signed agreement between you and us, these Terms of Service supersedes and replaces any other terms that
was or will be presented at the time of access. If you do not agree to these Terms of Service, do not create
1. PURPOSE AND SCOPE
1.1 These Terms of Service apply to your use of the Site and/or the Services and Content available therein
and shall govern the contractual relations between you and us.
1.2 Furthermore, these Terms of Service apply to any update or supplement to the Site and/or the Services,
unless they come with separate terms, in which case those terms shall apply. If any open-source software is
included in the Site, the terms of an open-source license may override some of the terms of these Terms of
1.4 Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which
will be posted at the Site in connection with such features. All such additional terms, guidelines, and
rules are incorporated by reference into these Terms of Service.
1.5 YOU MAY ONLY USE THE SITE AND/OR SERVICES IF YOU HAVE THE AUTHORITY AND LEGAL CAPACITY TO ENTER INTO AN
AGREEMENT CONCLUDED BETWEEN YOU AND US UNDER THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF SERVICE, DO NOT ACCESS OR USE THE SITE AND/OR ANY OF THE SERVICES.
2. REGISTRATION AND SUBSCRIPTIONS
2.1 To be able to access and use the functions of the Site and the Services e.g., to create, upload, modify,
download or display Content etc., you will need to create and login to your Account.
2.2 Before the first use of the Services, you will be required to register and create an account (Account)
by supplying information some of the data requested may be voluntary or optional as prompted at the Site.
You must choose an email address at which we can contact you and link actions from other people to you.
2.3 You are responsible for keeping your password confidential. This means, that you should not give it to
anyone else, should not permit or enable third parties to gain access to it and that you shall take the
necessary steps to guarantee its confidentiality and security. If your password is lost or misused or if you
suspect that they have been lost or misused, you must notify us immediately via our email to
email@example.com. You will be responsible for any and all activities that occur under your
2.4 We may offer a number of subscription plans, including special promotional plans or subscriptions with
differing conditions and limitations. The terms of your subscription will be disclosed at the time you sign
up or in other communications to you. You can find specific details regarding your subscription within your
Account profile. We reserve the right to modify, terminate or otherwise amend our subscription plans at any
time, in our sole and absolute discretion.
2.5 Certain Services may require a paid subscription (the Paid Services). Depending on the offer
communicated to you, the Paid Services may be subject to one-time fee (One-time Fee) or subscription payment
for a subscription period (Paid Subscription). The One-time Fee and Paid Subscription collectively may be
referred to as the Fee). PAID SUBSCRIPTIONS WILL RENEW AUTOMATICALLY UNTIL YOU CANCEL THEM. PAID
SUBSCRIPTION PRICES MAY CHANGE AND WILL RENEW AT THE THEN-APPLICABLE SUBSCRIPTION COST. IN ORDER TO AVOID
BILLING FOR A RENEWED SUBSCRIPTION TERM, YOU MUST CANCEL PAID SERVICES OR DOWNGRADE THE PAID SUBSCRIPTION
BEFORE LAPSE OF THE APPLICABLE SUBSCRIPTION TERM. YOU MAY DOWNGRADE FROM A PAID SUBSCRIPTION TO OTHER PAID
SUBSCRIPTION OR TO A FREE SUBSCRIPTION AT ANY TIME AND SUCH DOWNGRADE SHALL TAKE EFFECT AT THE BEGINNING OF
THE NEXT SUBSCRIPTION PERIOD. PLEASE BE AWARE THAT AFTER DOWNGRADING YOU WILL LOSE THE RIGHT TO USE CERTAIN
SERVICES AVAILABLE ONLY UNDER THE RELEVANT PAID SERVICES AND THAT MAY AFFECT YOUR ABILITY TO USE YOUR
PROJECTS. In the case of a material change in the terms of the automatic renewal, we shall provide you with
notice of the material change and provide information regarding how to cancel in a manner that is capable of
being retained by you. No refund will be provided for canceling or downgrading a subscription during the
Paid Subscription term.
3. GENERAL LICENSE AGREEMENT; USER CONTENT
3.1 Figurosity grants you and you hereby accept, subject to the limitations and restrictions set forth in
these Terms of Service, a personal, non-exclusive, non-transferable license to access and use the Content,
subject to the payment of applicable fees, in accordance with these Terms of Service. You are solely
responsible for any and all information and content that you create using, submit to use, or use with the
Site and/or Services e.g. your user profile, your projects, or your postings (Your Content).
3.2 Subject to strict compliance with these Terms of Service, you may use information and content created
and published by other users of the Site’ and/or the Services in particular public projects of the other
Site’ and/or Services’ users (Other Users Content), subject to the license restrictions set forth in Section
5 below (for the purpose of these Terms of Service, Your Content and the Other Users´ Content will
collectively be referred to as User Content).
3.3 Commercial vs Non-commercial license. In your Account or at the time of Content download, you will have
an option to choose whether the User Content created by you using the Site and/or the Services (and/or
uploaded into the Site) is for your private use and your public, non-commercial projects or will be made
commercially available. If you designate a project for non-commercial use, you may (i) access, use, copy and
modify the Content in the creation and presentation of renderings including for single use fine art
renderings, and (ii) incorporate images including images that simulate motion of three dimensional objects,
videos, and other materials derived by you from the Content in your other works for public display including
in mediums such as your personal social media accounts, blogs, website, or other internet-based sites or
accounts. If you designate a project for commercial use, for the applicable fee, you may publish, market,
distribute, transfer, sell or sublicense your image, animations, renderings or other works which incorporate
the Content, provided that you may not in any case publish, market, distribute, transfer, sell or sublicense
any image, rendering, animations, software application, video, data or any other product from which any
Content, or any part thereof, or any substantially similar version of the Content can be separately
exported, extracted or de-compiled into any re-distributable form or format. You also agree, upon receipt of
a written request from us, email to the Account shall suffice, to cease any and all distribution of User
Content created from the Content if we determine, in our sole discretion, that such User Content violated
these Terms of Service including the requirements for commercial use.
3.4 We accept no responsibility for any User Content created or uploaded by you or other Site’ or Services’
users, and you create and use such User Content at your own risk. Furthermore, we accept no responsibility
for design and/or content of external websites linked to/from the Site. In particular, we give no guarantee
that the Content showed in the Site is true, fulfills any particular purpose or can serve any particular
purpose. Furthermore, we accept no responsibility for any User Content and give no warranty that the User
Content is accurate, complete, useful for any purpose direct or implied, or non-infringing that may be
published at the Site. We do not examine whether User Content uploaded to the Site is appropriate or free of
viruses nor do we determine whether it is technically possible to examine it for viruses.
3.5 We reserve the right but do not have the obligation to review any User Content and its compliance with
these Terms of Service. We shall have the right to take in our discretion any measures to protect Figurosity
against any such violation, including but without any limitation to stop providing you with the Services,
deny you access to the Site and/or Services and/or to your Account and/or terminate your Account or Paid
3.6 You alone are responsible for your User Content. When using the Site and/or Services you must ensure
that any of Your Content does not violate the User Policy. While we appreciate if you give us recognition
and attribution, you may not state or imply that Your Content is in any way provided, sponsored, or endorsed
by Figurosity. IT IS YOUR RESPONSIBILITY TO BACK UP ANY OF YOUR CONTENT AND TO CARRY OUT OTHER SECURITY
MEASURES TO PREVENT ANY ACCIDENTAL LOSS OR DAMAGE TO YOUR CONTENT AND TO GUARANTEE RECONSTRUCTION OF ANY OF
YOUR USER CONTENT IN CASE OF DATA LOSS.
3.7 WE RESERVE THE RIGHT TO DELETE ANY USER CONTENT THAT IS OR POTENTIALLY MAY BE HELD IN VIOLATION WITH THE
USER POLICY OR ANY APPLICABLE LAW IN ANY TERRITORY WHERE THE SITE AND/OR SERVICES ARE USED OR POTENTIALLY
MAY BE USED.
3.8 WE RESERVE THE RIGHT TO DELETE ANY PRIVATE PROJECTS CREATED AND/OR UPLOADED INTO THE SITE, IF YOU HAD
NOT USED OR PAID FOR ANY OF THE SERVICES IN THE PREVIOUS 12 MONTHS.
4. PAYMENTS AND BILLING
4.1 You must have a valid payment instrument, such as a credit card or other permitted payment method in
order to purchase our Paid Services. By submitting your payment method you confirm that you are entitled to
use the payment method for the purpose of paying the Fee(s) when due. The subscription fees will be billed
by us automatically to your payment method on the calendar day corresponding to the day you ordered or
subscribed to the Paid Services. Every future payment will be due at the beginning of the new subscription
term of the Paid Subscription.
4.2 You agree, that we will charge you the Paid Services and you acknowledge that the Fee may be billed in
conditions of the Paid Services. Paid Services subject to a One-time Fee will be provided by us for an
indefinite period of time, but we may terminate such Paid Service without any restrictions after lapse of 12
months from the order date and after that you will not be entitled to receive back a refund of the One-time
Fee or proportion thereof. We will duly notify you of any changes concerning the terms on which the Paid
Services are provided through e-mail or by posting the information in your Account or on the Site.
4.3 All fees are in U.S. dollars and you may be charged a foreign transaction fee or other charges by the
issuer of your payment method for certain payments. For further details on foreign transaction fees please
check with your payment method service provider.
4.4 PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR A PARTIALLY USED
SUBSCRIPTION PERIOD. HOWEVER, FOLLOWING THE CANCELLATION OF ANY PAID SUBSCRIPTION, YOU WILL CONTINUE TO HAVE
ACCESS TO PAID SERVICES UNTIL THE END OF YOUR CURRENT SUBSCRIPTION PERIOD. AT ANY TIME, AND FOR ANY REASON,
WE MAY PROVIDE A REFUND, DISCOUNT, OR OTHER CONSIDERATION TO ANY OR ALL OF OUR USERS (CREDITS). THE AMOUNT
AND FORM OF SUCH CREDITS, AND THE DECISION TO PROVIDE THEM, ARE IN OUR SOLE AND ABSOLUTE DISCRETION. THE
PROVISION OF CREDITS IN ONE INSTANCE DOES NOT ENTITLE YOU TO CREDITS IN THE FUTURE FOR SIMILAR INSTANCES,
NOR DOES IT OBLIGATE US TO PROVIDE CREDITS IN THE FUTURE, UNDER ANY CIRCUMSTANCES.
4.5 You must keep your payment method information associated with your Account up to date. If your default
payment method is declined for any reason and you have not updated or changed your payment method
information in your Account, you will be responsible for any unpaid Fees or other payments and you authorize
us to continue billing the payment method, as it may be updated.
4.6 If you are delayed with your payment obligations including immediately after the first default, we: (i)
will be entitled to block your access to the Account and/or the Services or any of them and we shall be
under no obligation to provide any or all of the Services while the payment(s) concerned remain unpaid; and
(ii) reserve the right to charge interest at the rate of 10% per year, or the maximum permitted under
4.7 You may not offset the Fee against any receivable you may have against us for any reasons.
5. USER POLICY
5.1 Rules for using the Site and/or the Services (User Policy), You may not:
(i) access our Site and/or use the Services in order to build a competitive product or service;
(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form
of the Site;
(iii) use any robot, spider, screen scraper or other automatic device, or manual process to monitor or copy
the Site and/or Services;
(iv) unless allowed as a part of Paid Services, using the Site and/or the Services to provide User Content
to third parties or commercially exploit such User Content;
(v) solicit login or any other information or data about other users or access an Account belonging to
another user without their consent;
(vi) log into or access the Site using a disposable email address or use a VPN or Tor browser for a trial
(vii) attempt to obtain, or assisting third parties in obtaining, access to the Site and/or the Services,
other than as provided under these Terms of Service; or
(viii) use the Site and/or the Services to send unauthorized advertisement, spam, chain letters, pyramid
schemes or any other promotional materials or messages, whether commercial or not.
5.2 When using the Site and/or the Services you must obey all relevant laws and other legal provisions. In
particular, you may not enter and/or disseminate unlawful User Content that infringes intellectual property
and any other third party rights.
5.3 You are not allowed to attack the operational capacity of the Site by any means, such as: sending mass
emails (spam); carrying out hacking attempts or brute-force attacks; using or sending spy software,
facilitate any viruses, trojan horses, worms or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
5.4 You are not allowed to act in a manner, including creating User Content, that is defamatory, libelous,
threatening or harassing, abusive, invasive of another's privacy, vulgar, pornographic, sexually explicit,
obscene, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual,
promotes illegal activities or contributes to the creation of weapons, illegal materials or is otherwise
objectionable towards us or other users in our sole and absolute discretion.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 You hereby acknowledge and agree that Digital Agua, Inc. and/or its licensors are the sole proprietors
of all the intellectual property rights including copyrights, database rights, patents, trademarks, and
trade secrets pertained or related to the Site and/or the Services, including Content available therein. The
use of the Site and/or the Services will not imply any transfer to you or any third party of any rights,
title or interest in or to such intellectual property rights. Figurosity reserves all rights not granted
under these Terms of Service.
6.2 You acknowledge that the Site contains or may contain information, software, photographs, illustrations,
audio files, video files, animations, flash files, data files, code snippets and other material which is
protected by copyright, trademark or other proprietary rights of Figurosity and its affiliates, legal
successors and assigns or other third parties including other users. You may not modify, publish, transmit,
transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or
in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in these
Terms of Service and any other agreement entered into at the time such Content was accessed or
6.3 You hereby grant Figurosity an irrevocable, nonexclusive, perpetual, royalty-free, worldwide and beyond
license to use User Content including feedback for all known purposes without any restrictions during the
whole period of protection of the intellectual property rights, solely FOR THE PURPOSES OF OPERATING THE
SITE AND/OR THE SERVICES and including hosting User Content in the Site and/or the Services. The license
hereunder includes inter alia the right to reproduce, distribute, publicly display and perform, prepare
derivative works of, and incorporate User Content into other works. The license is granted as a royalty free
license and you will not be entitled to charge any fee or claim any other payment in respect of such
license. Figurosity shall be allowed to sublicense or assign as the case may be the license to any of its
affiliates, subcontractors and business partners or other legal successors and assigns. Figurosity is not
required to use the license. You hereby represent and warrant that you have all the necessary rights
required for granting the license under this Section.
6.4 Figurosity and any other product or service name or slogan contained in the Site are trademarks of
Digital Agua, Inc. and its suppliers or licensors. You may use Figurosity to tag your work on social media
or other public forums based on the Content. You may not use metatags or any other "hidden text" utilizing
"Figurosity" or any other name, trademark or product or service name of Figurosity without our prior written
permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button
icons and scripts, is the service mark, trademark and/or trade dress of Figurosity and may not be copied,
imitated or used, in whole or in part, without our prior written permission. All other trademarks,
registered trademarks, product names and company names or logos mentioned in the Site are the property of
their respective owners. Reference to any products, services, processes or other information, by trade name,
trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof by us.
6.5 The Digital Millennium Copyright Act and Copyright Complaints. We respect the intellectual property of
others, and we ask you to do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, or that your intellectual property rights have been otherwise violated,
you should notify us of your infringement claim in accordance with the following procedure and in accordance
with 17 U.S.C. § 512(c)(3), the requirements of a proper notification:
(i) Send a description of the copyrighted work or other intellectual property that you claim has been
infringed. A description of where the material that you claim is infringing is located on the Site, with
enough detail that we may find it on the Site.
(ii) Include a statement by you that you have a good faith belief that the disputed use is not authorized by
the copyright or intellectual property owner, its agent, or the law.
(iii) A statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
We will process and investigate notices of alleged infringement and will take appropriate actions under the
Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws with respect to any
alleged or actual infringement. A notification of claimed copyright infringement should be emailed to
firstname.lastname@example.org. Subject line: “DMCA Takedown Request”. Also, please note that if you knowingly
misrepresent that any activity or material on our Site and/or Services is infringing, you may be liable to
Figurosity for certain costs and damages.
You agree to defend, indemnify and hold Figurosity (and its officers, directors, employees, agents, service
providers, and legal successors and assigns) harmless against and undertake to repay Figurosity any damages
and costs resulting from any third party claim, action or demand and all liabilities and settlements related
thereto, including, but without limitation, to legal and accounting fees, resulting from, or alleged to
result from (i) your use of the Site and/or the Services, (ii) Your Content, (iii) your violation of these
Terms of Service, or (iv) your violation of applicable laws or regulations.
8.1 THE SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Except for any consumer rights under your local laws that cannot be contractually avoided, we hereby, to the
extent permitted, exclude the implied warranties of merchantability, fitness for a particular purpose and
8.3 You should be aware that the Site and/or Services may contain bugs, viruses, harmful codes and we shall
bear no liability for any of them. We will have no obligation to provide you with any support or maintenance
in connection with the Site or Services.
8.4 To the fullest extent permissible by applicable law, we hereby disclaim any and all responsibility,
risk, liability and damages arising out of death or personal injury resulting from use of the Site and/or
the Services. We shall bear no liability for any damage to your equipment e.g. computer, phones, tablets, or
other devices arising from your use of the Site or the Services.
8.5 You hereby acknowledge that legally we will not be engaged and we will not have any obligation to become
engaged in any interaction among users of the Site and/or the Services e.g. in situation when a user uses
Your Content and you agree to fully exclude us from any claims, liabilities and/or other responsibilities
you many have in respect of such interaction.
9. LIMITATION AND LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND/OR SERVICES INCLUDING WITHOUT
LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL FIGUROSITY OR ANY OF ITS DIRECTORS,
OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS, OR LEGAL SUCESSORS OR ASSIGNS BE LIABLE FOR ANY
INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING DAMAGES FOR LOSS OF
PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY
CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF SERVICE,
INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE AND/OR
SERVICES OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT INCLUDING NEGLIGENCE,
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW FOR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE FOR THE USE OR
EXPLOITATION OF ANY OR ALL PART OF THE SITE AND/OR SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO
FIFTY ($50.00) US DOLLARS.
10. TERM AND TERMINATION
10.1 Subject to this Section 10, these Terms of Service will remain in full force and effect while you use
the Site and/or the Services.
10.2 In case of a free subscription, we may terminate or suspend your rights to use the Site and/or the
Services including your Account, or parts thereof, at any time for any reason in our sole discretion.
10.3 If you breach these Terms of Service or applicable law, we may terminate your access to the Site and/or
the Services immediately at any time.
10.4 In case of a Paid Subscription, and without limiting the effect of Section 6.3 above, we may as of the
end of your current paid period terminate or suspend your rights to use the Site and/or the Services
including your Account or any parts thereof at our sole discretion. Upon termination for reasons according
to this Section, we will allow you, for the period of 14 days of the date of termination, to access your
inactive Account only for purposes of downloading Your Content. Upon lapse of this period, we have the
right, but not the obligation, to permanently delete Your Content; and we and our affiliates also have the
right but not the obligation to maintain Your Content. Figurosity will not have any liability whatsoever to
you for any terminated use of the Site or Services, including for termination of your Account or deletion of
10.5 You understand and agree that even after use of the Site or Services is terminated, the following
provisions of these Terms of Service will remain in effect: Sections 1.3, 3.3, 6-9, 10.5, 12, and 13.
11. INSTRUCTION ON REVOCATION
IF YOU HAVE PURCHASED ANY OF THE PAID SERVICES AND YOU ARE A CONSUMER WITH YOUR NORMAL PLACE OF ABODE OR
RESIDENCE IN THE EUROPEAN UNION.
11.2 You have a legal right to revoke use of the Paid Services in accordance with the following
(i) You have the right to withdraw from the Paid Services within 14 days without giving any reason. The
withdrawal period will expire after 14 days from the day of the Paid Service order date.
(ii) To exercise the right of withdrawal, you must inform us through our e-mail listed above of your
decision to withdraw from any of the Paid Services by an unequivocal statement (e.g. email in the following
form: “Figurosity., e-mail: email@example.com. I/We hereby give notice that I/We (*) hereby withdraw
from the Paid Services order on [date] receipt number [insert].”
(iii) To meet the withdrawal deadline, it is sufficient if you send your communication concerning your
exercise of the right of withdrawal before the withdrawal period has expired.
11.3 If you withdraw from any Paid Service during the 14 day withdrawal period, we shall reimburse all Fees
received from you, including the costs of delivery, without undue delay and in any event not later than 14
days from the day on which we are informed of your decision to withdraw from this agreement. We will carry
out such reimbursement using the same means of payment as you used for the initial transaction, unless you
have expressly agreed otherwise; in any event, you will not incur any fees as a result of such
11.4 Important: You hereby expressly acknowledge that you lose your right of withdrawal in respect of: (i)
the purchase of the Paid Services once the performance has begun and (ii) the Paid Services provided by us
if the performance has begun with your express consent or the contract has been fully performed by us as in
the case of an One-time fee.
12. GOVERNING LAW
These Terms of Service shall be governed by the law of the state of California in the United States. You
hereby irrevocably agree that the courts of the state of California have exclusive jurisdiction to settle
any dispute or claim that arises out of or in connection with these Terms of Service or in connection with
the Site and Services. Notwithstanding anything to the contrary, Figurosity may seek injunctive relief in
any court having jurisdiction to protect its intellectual property or confidential or proprietary
13.1 By using the Site and/or the Services, you consent to receiving certain electronic communications from
us relating to your subscription. These communications may involve sending emails to your last email address
that you provided to us, or posting communications within the Site and/or the Services; will include notices
about your Account e.g. change in password or payment method, confirmation emails and other transactional
information; and are part of your relationship with us. You agree that any notices, agreements, disclosures
or other communications that we send to you electronically will satisfy any legal communication
requirements, including that such communications be in writing. You should maintain copies of electronic
communications by printing a paper copy or saving an electronic copy. Unless you opt out, you also consent
to receiving certain other communications from us, such as notifications from your Account, notifications of
new features, promotional announcements and customer surveys via e-mail. If you want to unsubscribe i.e.,
opt out from certain non-transactional email communications, you will have the opportunity to do so.
13.2 Any future release, update, or other addition to functionality of the Sites and/or the Services shall
be subject to the terms of these Terms of Service. All copyright and other proprietary notices on any Site
and/or the Services content must be retained on all copies thereof.
13.3 We may occasionally change, revise or amend these Terms of Service. In case of any substantial changes
we shall notify you by e-mail to the last e-mail address provided to us by you, if any and/or by prominently
posting a notice of the change on our Site or your Account. The change, revised or amended wording of these
Terms of Service shall become effective immediately following our dispatch of an e-mail notice to you if
applicable or following the notice about such change at our Site. In case we are not able to deliver the
e-mail notification as described in this Section to the e-mail address you have provided to us, for example
because the e-mail address is not valid, our dispatch of the e-mail containing such notice shall nonetheless
constitute an effective notice of the change of these Terms of Service. Your continued use of the Site and
Services following such notice shall indicate your acknowledgement of such changes, revisions and/or
amendments and also your agreement to be bound by the new Terms of Service. The changes will be immediately
effective for new users of our Site and Services.
13.4 These Terms of Service constitutes the entire agreement between you and us regarding the use of the
Site and/or the Services. Our failure or delay to exercise any right or provision of these Terms of Service
or any law shall not constitute a waiver of any other right or provision, nor shall it prevent or restrict
the further exercise of that or any other right or provision. No single or partial exercise of such right or
provision shall prevent or restrict the further exercise of that or any other right or provision. If any
provision or part-provision of these Terms of Service is or becomes invalid, illegal or unenforceable, it
shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the
validity, legality or enforceability of the remaining provisions shall not in any way be affected or
13.5 You may not assign any right, claim and/or receivable resulting from and/or related to use of the Site
and/or the Services.