1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Services or any portion thereof to any person, geographic area, or jurisdiction at any time and in our sole discretion.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Documents and data published by public institutions and other third parties ('Third-Party Materials') are not our Content. We do not claim ownership of them, and these Legal Terms do not restrict any use of Third-Party Materials that the law or their publishers permit.
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only, including your work for your own clients.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access, for your personal, non-commercial use or internal business purpose only, including your work for your own clients.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to:
support@hjartdalstudios.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are at least 18 years old and not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise, except as expressly permitted through our official API or authorized integrations; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. ACCOUNTS AND PRIVACY
To access certain features of the Services, you must register for an account. When registering, you are required to provide a valid email address. We use a passwordless authentication system ("magic links") to verify your identity; we do not collect or store passwords. You are responsible for maintaining the security of your email account and for all activity that occurs under your account. You acknowledge that because the Services use passwordless authentication, the security of your Account is dependent on the security of your email provider. You are solely responsible for all actions taken via your magic link login. You agree to notify us immediately at
support@hjartdalstudios.com if you become aware of any unauthorized access to your account. We reserve the right to terminate accounts that are inactive, in violation of these Legal Terms, or at our sole discretion.
Our Privacy Notice explains how we process personal information when you use the Services.
5. FEES AND PAYMENTS
Plans and pricing. Parts of the Services are free and do not require an account or a subscription. Paid subscription plans may be offered on a monthly or annual basis. Current prices are shown on our pricing page, and the price shown at checkout is the price you will be charged. You agree to provide current, complete, and accurate billing information, and to promptly update your account and payment details so we can complete your transactions.
Free trials. Some plans may start with a free trial. We collect a payment method when the trial starts. When the trial ends, your subscription converts to a paid subscription and you are charged automatically, unless you cancel before the trial ends. We will show the trial length and the price that applies afterwards before you start the trial.
Merchant of record. Subscriptions to the Services are sold through Link, a service operated by Stripe, which acts as the merchant of record for your purchase. Your purchase contract is with Link. Link's terms govern payment, billing, tax, and receipts. Link processes your payment, issues your receipt or invoice, and collects and remits any applicable sales tax, VAT, or GST. We provide the Services and remain responsible for them under these Legal Terms. Where these Legal Terms give you a right to cancel, withdraw, or receive a refund, you may use it through Link or by contacting us, and we will arrange it with Link. You can manage your subscription and request refunds through Link or by contacting us. We do not receive or store your full payment card information.
Automatic renewal. Subscriptions renew automatically at the end of each billing period. You will be charged the current price for that plan unless you cancel before the renewal date. By subscribing, you authorize Link to charge you on a recurring basis.
Changing your plan. You may upgrade or downgrade your subscription tier at any time. You can switch plans or billing intervals through the subscription management link on your account page. Any amount charged or credited for the change is shown before you confirm it.
Cancellation and account deletion.You may cancel your subscription at any time through the subscription management link on your account page, through Link at
link.com, or, if you are a consumer in Germany, by using the "Cancel contracts here" link at the bottom of our websites. Cancellation takes effect at the end of your current billing period, and you will keep full access to paid features until that date. Deleting your account, however, immediately cancels your active subscription and instantly revokes access to the Services.
Refunds. Refunds are handled by Link, the merchant of record. You can request one through Link support. Link may grant refunds under its own policies. Except where these Legal Terms provide for a refund, where Link grants one, or where applicable law requires one, subscription fees are non-refundable, and there are no refunds or partial credits for the unused remainder of a billing period if you cancel or delete your account early.
Right of withdrawal. If you are a consumer in the EU, you may withdraw within 14 days of entering into your subscription, without giving any reason. If your subscription starts with a free trial, the 14 days run from the start of the trial. To withdraw, use the "Withdraw from contract here" link at the bottom of our websites, or email us at
support@hjartdalstudios.com with a clear statement that you are withdrawing. You can also withdraw through Link. If you withdraw in time, your subscription will be canceled and you will receive a full refund of what you paid, no later than 14 days after we receive your withdrawal.
Failed payments. If a payment fails due to expiration or insufficient funds, our payment processor may retry it. Your subscription may enter a past-due state, and we may suspend or cancel access to paid features if we do not receive payment.
Price changes. We reserve the right to change our subscription prices. Any change will take effect at your next renewal. We will provide you with at least thirty (30) days' advance notice via email or a notice on the Services so that you can cancel before it applies. Allowing your subscription to renew after the price change takes effect constitutes acceptance of the new price.
Availability by region. We sell only to customers located in the United States or the European Union. If you attempt to subscribe from a country that is not supported, your checkout session will be declined. If you complete a purchase from a country we are unable to sell into, we will cancel and refund it.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. You may use the Services and the Content for your own personal purposes or internal business purposes, including your work for your own clients, but not to resell, sublicense, or redistribute the Content or to build or supply a competing product, except as these Legal Terms or a separate written agreement with us allow.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Frame the Services or present them as part of another site without our permission.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the Services, such as data mining, robots, or similar data gathering and extraction tools, except through an official API we provide and within its limits.
- Use the Services in a manner that exceeds reasonable request volumes or constitutes excessive use as determined by us in our sole discretion.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services or the Content to build, train, or supply a product or service that competes with the Services, including by training machine-learning models, or resell, sublicense, or redistribute the Content, except as these Legal Terms or a separate written agreement with us allow.
7. USER FEEDBACK
The Services do not permit users to post, submit, or publish content. However, you may from time to time provide us with suggestions, feedback, or other communications regarding the Services ("Feedback"). You agree that we may freely use, disclose, reproduce, and exploit any Feedback you provide without restriction, compensation, or obligation to you, and you hereby assign to us all rights in such Feedback.
8. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any portion of the Services available to you; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
9. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If you are a consumer in the EU, we will give you reasonable advance notice before terminating your paid subscription, unless we terminate for serious reasons such as your breach of these Legal Terms, fraud, or legal requirements. If we terminate your paid subscription for any reason other than your breach of these Legal Terms, we will refund any fees you have prepaid for the unused part of your billing period.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice, for example, to improve the Services, to adapt to changes in technology, law, or data sources, or for security reasons. However, we have no obligation to update any information on our Services. If you are a consumer in the EU and a change materially and negatively affects your access to or use of a paid subscription, we will tell you in advance, and you may cancel within 30 days of the change and receive a refund of prepaid fees for the remaining period. Except as stated in this section and in Section 9, we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Except for our obligations to paying subscribers during their subscription and under applicable law, nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
11. GOVERNING LAW
In these Legal Terms, a "Dispute" means any dispute, controversy, or claim between you and us arising out of or relating to these Legal Terms or the Services, including any question about their existence, validity, or termination. An "EU Consumer" means an individual who resides in the European Union who uses the Services for purposes outside their trade, business, craft, or profession.
These Legal Terms shall be governed by the laws of the State of Texas. Subject to Section 12, the state and federal courts located in Texas have exclusive jurisdiction over any Dispute, and you consent to the personal jurisdiction of those courts.
If you are an EU Consumer: the choice of Texas law does not deprive you of the protection of the mandatory laws of your country of residence, and the exclusive jurisdiction of the Texas courts set out above does not apply to you.
12. DISPUTE RESOLUTION
The Binding Arbitration and Restrictions parts of this Section 12 do not apply to EU Consumers. Their Disputes that are not resolved informally are decided under Section 11.
Informal Negotiations
To expedite resolution and control the cost of any Dispute brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration or court proceedings. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration administered by the American Arbitration Association ("AAA"). If you are an individual using the Services for personal purposes, the arbitration will be governed by the AAA's Consumer Arbitration Rules; otherwise, it will be governed by the AAA's Commercial Arbitration Rules. The applicable rules are incorporated herein by reference. The number of arbitrators shall be one (1). The seat and legal place of arbitration shall be Texas. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of the State of Texas. You may reject this arbitration agreement by emailing support@hjartdalstudios.com within 30 days of first accepting these Legal Terms.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) claims by either Party for temporary or preliminary injunctive relief; and (c) any individual claim within the jurisdiction of a small claims court. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
13. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
14. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME SERVICES PUBLISH CONTENT GENERATED WITH ARTIFICIAL INTELLIGENCE, SUCH AS SUMMARIES, ANALYSES, AND CLASSIFICATIONS OF DOCUMENTS, AND SOME PUBLISH STATISTICAL ESTIMATES, SUCH AS RATINGS, PREDICTIONS, AND SIMULATIONS. THIS CONTENT IS PRODUCED AUTOMATICALLY AND MAY CONTAIN ERRORS, OMISSIONS, OR INACCURACIES. IT IS PROVIDED FOR INFORMATION ONLY. IT IS NOT LEGAL, REGULATORY, PROFESSIONAL, FINANCIAL, INVESTMENT, BETTING, OR GAMBLING ADVICE, AND IT IS NOT AN INDUCEMENT TO PLACE A BET. CHECK IMPORTANT INFORMATION AGAINST THE ORIGINAL SOURCES BEFORE RELYING ON IT. IF YOU USE THE SERVICES IN YOUR WORK FOR CLIENTS, YOU ARE SOLELY RESPONSIBLE FOR REVIEWING ALL OUTPUT AND FOR ANY ADVICE OR WORK YOU PROVIDE TO THEM. DATA FROM PUBLIC INSTITUTIONS AND OTHER THIRD PARTIES IS USED AS PUBLISHED AND MAY CONTAIN ERRORS OR DELAYS. WE ARE NOT AFFILIATED WITH, ENDORSED BY, OR SPONSORED BY THE INSTITUTIONS OR ORGANIZATIONS WHOSE DOCUMENTS OR DATA APPEAR IN THE SERVICES, AND THEIR NAMES AND MARKS ARE USED ONLY TO IDENTIFY THEM.
15. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES YOU PAID FOR YOUR SUBSCRIPTION TO THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), IF NO SUCH PAYMENTS HAVE BEEN MADE. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Nothing in these Legal Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be excluded or limited under applicable law. Nothing in these Legal Terms affects the statutory rights of consumers, including rights regarding the conformity of digital services.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, members, managers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services in violation of these Legal Terms or applicable law; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; and (5) if you use the Services for business purposes, any claim by your clients arising from the advice or work you provide to them. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
17. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Do not enter sensitive information or other people’s personal information into the Services. If you use the Services for business purposes, including professional work for clients, you must not enter personal data relating to your clients or other third parties. We process the text you enter as an independent controller, as described in our Privacy Notice, and not as your processor.
We use third-party service providers to operate, host, and deliver the Services. These providers may have access to your data solely to perform services on our behalf and are contractually obligated to protect it.
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
19. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign these Legal Terms to an affiliate or in connection with a merger, acquisition, or sale of all or part of our business. We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, infrastructure outages, third-party service failures, cyberattacks, or internet disruptions. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
20. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
support@hjartdalstudios.com.
