Maze.design Terms of Service
Last updated: 16 May 2024
Table of Contents
- 1. General acknowledgments
- 2. Your account
- 3. Prototyping tools and participants
- 4. Permitted use of services
- 5. Payment and Accounts
- 6. Free trial
- 7. Intellectual property rights
- 8. Confidentiality and data protection
- 9. Limitation of liability
- 10. Term and termination
- 11. Contact
- 12. General terms
- 13. INTELLECTUAL PROPERTY POLICY
These terms and conditions (“Terms”) together with any related order forms or purchase orders (“Order Forms”) form a legal agreement between you (“you” or “Customer”) and MAZE.DESIGN INC. located at 800 Menlo Ave, Suite 220, Menlo Park, CA 94025 (“Maze.design”, “us”, “we” or “our”) relating to your use of the prototype analytic services provided via the website maze.co (“Website”), including all related content and services made available on that website (the “Services”).
BY USING THE SERVICES OR ELECTRONICALLY ACCEPTING THESE TERMS, YOU AGREE TO THESE TERMS ON BEHALF OF THE APPLICABLE COMPANY, ENTITY OR OTHER ORGANISATION THAT IS DESIGNATED AS THE CUSTOMER AT THE TIME OF REGISTRATION, AND YOU ACKNOWLEDGE AND AGREE THAT ALL REFERENCES TO “YOU” OR “CUSTOMER” IN THESE TERMS WILL BE DEEMED TO INCLUDE SUCH COMPANY, ENTITY OR ORGANIZATION. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PROCEED TO USE THE SERVICES.
YOU HEREBY REPRESENT AND WARRANT THAT YOU: (1) WISH TO USE THE SERVICES ON BEHALF OF, OR WITHIN YOUR CAPACITY AS, A REPRESENTATIVE, AGENT OR EMPLOYEE OF THE ENTITY THAT IS DESIGNATED AS THE CUSTOMER AT THE TIME OF REGISTRATION OR SUBMISSION OF THE APPLICABLE ORDER: AND (2) HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF THE CUSTOMER.
THE SERVICES ARE INTENDED FOR USE BY CUSTOMER IN A COMMERCIAL OR PROFESSIONAL CAPACITY, AND ARE NOT INTENDED FOR CONSUMERS OR IN A PERSONAL CAPACITY. YOU HEREBY REPRESENT AND WARRANT TO MAZE.DESIGN THAT YOU ARE ENTERING INTO THESE TERMS, AND INTENDING TO USE THE SERVICES, SOLELY IN A COMMERCIAL OR PROFESSIONAL CAPACITY.
Agreed terms
1. General acknowledgments
Updates: From time to time we may automatically update our Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. If you choose not to agree to any additional terms which apply to such update or new service, you may not be able to continue using the Services.
Changes to Terms: We reserve the right to revise these Terms from time to time in our sole discretion, for example to reflect changes in law or best practice, or to deal with additional features, services, subscriptions or applications which we introduce. Where the changes increase your obligations or limit your rights, we will give you notice in advance of such changes by sending you an email (if we have an email address on record) or by notifying you of a change when you next log-in as applicable. We may require you to provide consent to the updated Terms before further use of the Services is permitted. If you do not accept the notified changes, you must let us know immediately in writing by emailing us at the address set out in section 11 “Contact” of these Terms. In such case, you will not be permitted to continue to use the Services. If you have paid for a subscription account, we will refund you any unused Fees as at the date of effective termination within a reasonable period of time.
Websites and Applications You Link To: The Website may contain links to other independent third-party websites and applications ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their terms (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2. Your account
In order to create an account to use our Services, you must be 18 and be resident in a country from which the Services are accessible.
You must always provide accurate and up to date information. Please note that the email address you provide when you create your account will be used by us to contact you as required under these Terms. You must let us know as soon as possible if any such information becomes out of date.
You must not disclose any user name, password or other piece of information used as part of our security procedures. Such information is to be treated as confidential. If you suspect that anyone other than you know your user name or password, you must promptly notify us.
You are responsible for any use of the Services which occurs under your account, whether by you or another person.
3. Prototyping tools and participants
In order to use the Services you must have an account with one of the prototyping tools specified on the Website (“Prototyping Tools”). You must ensure you have the necessary licences to use the Prototyping Tools including uploading any content to the Services via the Prototyping Tools. Maze.design shall not be responsible for any losses suffered by you as a result of the use of such Prototyping Tools or for the acts or omissions of the providers of any Prototyping Tools or any other third party applications.
You can import any mobile, tablet or desktop prototype, or any website or survey (each a “Prototype”) via the Prototyping Tool for use with the Services. You must have all permissions and licences required to import the Prototype on the Website and to use the Prototype with the Services. A new project will be generated for each Prototype you import ("Project"). Each individual Project can either consist of (i) a ‘Maze’ allowing a Participant to test your Prototype in a live setting (each a “Test”), or (ii) an interview study consisting of an interview of a Participant following the testing of your Prototype (each a “Study”).
Maze.design may allow you to send emails and other messages to your participants as part of a Project using built-in communication tools. You acknowledge and agree that you are solely responsible for ensuring that each participant that you choose to message through the Services has consented to receiving such communications.
Maze.design has entered into contractual agreements with Third Party Sites regarding the provision of participants and has incorporated a functionality into the Maze Platform to allow you to request participants directly from such Third Party Sites. For the purpose of this section, “Third Party Sites” refers to third party providers of research services, which mainly consist of providing access to a wide pool of diverse and vetted participants/testers to collect human-powered data at scale. The Third Party Sites have in place their own contractual arrangements with various participants who have agreed to test the Prototype. Any arrangement for the supply of such participants provided by the Third Party Site will be between you and the relevant Third Party Site. Maze takes no responsibility for the supply of, or conduct of, any participants. If you intend to use this functionality to access participants via Third Party Sites, you will however need to comply with our “Terms of Service – Participant Panel” available here, and may be amended from time to time.
From a data protection perspective, please note that the relevant Third Party Site acts as a controller with regards to any personal data they may process about the participants. Maze and you have access to participant's aggregated and anonymised demographic information but not any personally identifiable information. Third Party Sites will assign an identification number for each individual, but neither Maze nor you will have access to any other information that could enable you to identify that individual.
4. Permitted use of services
Access to Service. In return for you agreeing to comply with these Terms, and the payment of any applicable Fees, Maze.design grants you a non-exclusive, non-transferrable, non-sublicensable right to permit its employees, agents, independent contractors ("Authorised Users") or authorised third party collaborators ("Collaborators") to access and use the Services for your own internal business purposes or for the business purpose of your customers and in accordance with any restrictions contained within the Order Form. You shall ensure that all Authorised Users and Collaborators use the Service strictly in accordance with these Terms and shall be responsible for any breach of these Terms by the Authorised Users and Collaborators. Each individual must have their own account and individuals may not share their login identity credentials with others.
Restrictions. Further, you agree that you will:
1. Not sell, rent, lease, sublicense, loan, provide, or otherwise make available, the Services except to Collaborators in any form to any person without our prior written consent;
2. Not copy, edit, translate, adapt, merge or make alterations to, or modifications of, the whole or any part of the Services (other than as permitted in these Terms to use the Services), or permit the Services or any part of it to be combined with, or become incorporated in, any other programs;
3. Not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services (or any underlying technology) or attempt to do any such things except to the extent that such actions are permitted by applicable law; and
4. Not use the Services in a manner or for any purpose that is not expressly permitted under these Terms or applicable law or which otherwise infringes the intellectual property rights in the Services.
You also must not:
1. Use the Services in any unlawful manner (including infringement of intellectual property rights), for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into any operating system;
2. Infringe our intellectual property rights or those of any third party in relation to your use of the Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);
3. Transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services;
4. Use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
5. Use the Services to send unsolicited marketing communications (including, without limitation, to participants); and
6. Collect or harvest any information or data from the Services or our systems (by automated means or otherwise) or attempt to decipher any transmissions to or from the servers running them.
You acknowledge and agree that a breach of any of these terms may result in immediate termination or suspension of your account.
Support. Maze.design shall provide commercially reasonable technical and product support to its users. Support shall only be available in the English language. Any support provided does not include any training services. Maze.design shall have no obligation to provide support in connection with any error that arises from: (i) use of the Services in a manner other than described in these Terms; (ii) failure by you to implement reasonable recommendations in respect of the Services; (iii) API integration issues or internet service provider failures. Provision of support as described in this section 4 is your sole remedy with respect to the support of the Services and Maze.design shall have no other liability or obligation to you with respect to any errors.
5. Payment and Accounts
Fees: You hereby agree to pay applicable fees for your use of the Services, which fees will be calculated by reference to the information available at https://maze.co/pricing (the “Fees”). You acknowledge that any applicable Fees are based on Services ordered and are due irrespective of whether or not you utilise the Services. You further acknowledge that the ‘Free’,‘Professional’ & ‘Team’ tiers of subscription are subject to a number of restrictions and/or caps (e.g. on the number of Studies, active Projects, number of Collaborators, etc.), and that any use of the Services beyond such restrictions and/or caps will attract overage charges which will be invoiced to you on a monthly or annual basis depending on your subscription term. Any unused Services and/or credits will be lost and will not roll over. Payment obligations are non-cancellable and Fees paid are non-refundable, except as otherwise expressly indicated in these Terms. All payments shall be made in the currency in which they are invoiced. You acknowledge and agree that invoices for any Fees incurred as a result of your use of the Services may be submitted by either Maze.design or one of its affiliates, in Maze.design’s sole discretion.
Taxes: The Fees and any additional sums payable hereunder are exclusive of any and all relevant taxes, including sales tax which shall be paid by you at the rate and in the manner for the time being prescribed by law. If Maze.design has a legal obligation to pay or collect tax for which Customer is responsible, Maze.design will calculate the tax based upon the billing information it has about Customer and charge Customer that amount (which, if Customer’s billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless Customer timely provides Maze.design with a valid tax exemption certificate acceptable to the appropriate taxing authority.
Late Payment: Maze.design reserves the right to: (i) charge you interest in respect of the late payment of any sums due (before as well as after judgement) at the rate of 4% (or such other rate as may be specified in the Order Form) per annum above the base rate from time to time of Barclays Bank plc, accruing from the due date thereof until payment; or (ii) suspend the performance of the Services until full payment has been received by Maze.design.
Accounts: In order to access the Services, you will need to create an account via the Website. From time to time, you may be given the option to purchase a subscription account which will allow you to access and use additional features or services on the Website. You can learn more about subscription accounts, including the price and period of the subscription, by visiting the Website; however, not all content or services may be available to you and we will notify you either at the time of sign up or from time to time to explain what is available to you. For Customers on a Professional plan the payment to Maze.design for a subscription account will automatically renew at the end of the relevant subscription period, unless you cancel your subscription account by either contacting us at the email address set out in section 11 "Contact" of these Terms or following the prompts in your account settings at least 48 hours before the end of the then-current subscription period. For Customers on an Organization plan, notification of cancellation of your subscription is required to be provided in writing at least 30 days prior to the end of the then-current subscription period by contacting us at the email address, help@maze.design; otherwise, the subscription account will automatically renew at the end of the relevant subscription period. Fees paid for a subscription account are non-refundable.
Automatic Renewal: Professional plan, Team Plan and Organization Plan subscriptions will automatically renew at the end of the disclosed period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new subscription period, unless cancelled. Please note that the applicable subscription Fees for any renewal subscription period may be changed by Maze.design as described under the header “Changes to Subscription Account Fee” below. For Customers on a Professional plan the payment to Maze.design for a subscription account will automatically renew at the end of the relevant subscription period, unless you cancel your subscription account by either contacting us at the email address set out in section 11 “Contact” of these Terms or following the prompts in your account settings at least 48 hours before the end of the then-current subscription period. For Customers on a Team or Organization plan, notification of cancellation of your subscription is required to be provided in writing at least 30 days prior to the end of the then-current subscription period by contacting us at the email address, help@maze.design; otherwise, the subscription account will automatically renew at the end of the relevant subscription period. Fees paid for a subscription account are non-refundable, except as otherwise expressly indicated in these Terms. By choosing an automatically renewing subscription plan, Customer acknowledges that such Services have a recurring payment feature and Customer accepts responsibility for all recurring Fees prior to cancellation.
Collaborators and Projects. The maximum number of: (i) active Projects; and (ii) additional Collaborators authorised to access and use the Service, shall not exceed the permitted allowance as detailed on the Website in respect of the relevant account you have registered for (or as detailed in the Order Form in respect of enterprise accounts). You shall permit Maze.design to audit your use of Service upon reasonable prior notice to ensure you are not exceeding your permitted allowance. If an audit reveals that you have underpaid any fees to Maze.design, then without prejudice to Maze.design's other rights, you shall pay to Maze.design such underpayment within 7 business days of the date of the relevant audit.
Changes to Subscription Account Fee: We reserve the right to change the fee and payment plans from time to time. The process set out in Section 1 under the heading "Changes to Terms", including notice in advance and cancellation by you if you do not agree to the change, will similarly apply here. Unless we notify you otherwise, changes for paid subscriptions will take effect at the start of the next subscription period and your continued use of the Services after the effective date of the price change will be deemed acceptance. If you do not agree with the price changes you will have the right to unsubscribe by notifying us in writing prior to the price change taking effect.
Enterprise Account: Unless expressly stated otherwise in the Order Form, Maze.design will issue the total Fees for the Services annually in advance on the effective date of the Order Form and each anniversary thereafter during the license term and you shall pay each invoice within 30 days of receipt.
6. Free trial
From time to time, we may offer trials of paid subscription accounts for a specified period without payment or at a reduced rate. Some trials may require your payment details to commence the trial. We reserve the right, in our absolute discretion, to determine your eligibility for a trial, and, subject to applicable laws, to withdraw or to modify a trial at any time without prior notice and with no liability. At the end of a trial we may automatically start to charge you for the applicable paid subscription immediately following the end of the trial. By providing your payment details, you agree to this charge using said payment details. If you do not want to be charged you must cancel the subscription or terminate your account before the end of the trial. Paid subscriptions cannot be terminated before the expiry of the relevant period for which you have subscribed for. We shall not issue any refunds for any Fees which you have already paid.
7. Intellectual property rights
Maze.design agrees that all of your intellectual property rights in the Prototypes (including all content provided therein) and all other materials, content or information provided by you or your Authorised Users or Collaborators to Maze.design (collectively, “Customer Content”) shall belong to you. You shall have sole responsibility for the intellectual property ownership of and/or right to use all Prototypes and other Customer Content and the consequences arising from your failure to meet such responsibilities.
To the extent necessary, you hereby grant to Maze.design a non-exclusive, non-transferrable, royalty free, worldwide licence to use your intellectual property rights in the Prototypes (including all content provided therein) solely to the extent necessary for the purpose of providing the Services.
Although Maze.design has no obligation to monitor use of the Services, Maze.design may do so and may prohibit any use it believes may be (or is alleged to be) in violation of these Terms, applicable laws, or Maze.design’s Intellectual Property Policy attached to these Terms. Customer acknowledges that Maze.design has no obligation to pre-screen Prototypes or Customer Content, although Maze.design reserves the right in its sole discretion to pre-screen, refuse or remove any Prototype or Customer Content from the Services, including if Maze.design believes it violates these Terms or is otherwise objectionable, and that Maze.design reserves the right to terminate accounts as set forth in Maze.design’s Intellectual Property Policy.
You shall indemnify and hold Maze.design and each of its, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) to the extent arising out of or in connection with a claim alleging that use of the Prototypes (or any content contained therein) or any information (including personal data) submitted by you for use with the Services infringes a copyright, patent, or a trademark of, or has caused harm to the rights of a third party (including data privacy rights), provided in any such case that Maze.design: (i) promptly gives notice of the claim to you; (ii) gives you sole control of the defence and settlement of the claim (provided that you may not settle such claim unless such settlement unconditionally releases Maze.design of all liability and does not adversely affect Maze.design’s business or the Services); (iii) provides to you all available information and reasonable assistance; and (iv) has not compromised or settled such a third party claim.
All intellectual property rights in the Services and any underlying technology (including to any and all enhancements, modifications, extensions and derivative works thereof) anywhere in the world belong to us or our licensors. The rights in the Services are licensed (not sold or gifted) to you, and you have no rights in, or to, the Services other than the right to use each of them in accordance with these Terms. The Maze.design name, the Maze.design logo, and the product names associated with the Services are trademarks of Maze.design, and no right or license is granted to use them.
Maze.design shall indemnify you against any claim that the normal use of the Services infringes copyright, patent or trademark rights of any third party provided that: (i) Maze.design is given immediate and complete control of such claim; (ii) you do not prejudice Maze.design’s defence of such claim; (iii) you at Maze.design expense give Maze.design all reasonable assistance with such claim; (iv) such claim does not arise from your intentional tortious act or negligence; (v) such claim is not based upon the use of the Services in an application or environment for which the Services was not designed or contemplated; (vi) such claim does not arise as a result of modifications and/or improvements of the Services introduced or made by you; and/or (vii) such claim does not arise from the use or combination of the Services or any part thereof with software, hardware, data or processes not provided by Maze.design, if our Services or use thereof would not infringe without such combination.
Maze.design shall at its option have the right to change all or any part of the Services in order to avoid any infringement and this section states the entire liability of Maze.design to you in respect of the infringement of any intellectual property rights of any third party.
You hereby grant to Maze.design a worldwide, irrevocable, perpetual, sublicensable, royalty-free, fully paid right and licence to use and exploit without restriction all feedback and suggestions provided by you or any Authorised Users or Collaborators to Maze.design (collectively, “Feedback”), including, without limitation, any information about operating results, known or suspected bugs, errors or compatibility problems, suggested modifications, and user-desired features, regarding the Services or any portion thereof.
8. Confidentiality and data protection
Maze.design agree that the Prototypes constitute confidential information belonging to you and you agree that the Services (and any information provided by Maze.design to you) constitutes confidential information belonging to Maze.design and the receiving party agrees to treat as confidential information the business and marketing plans, technology and technical information, product plans and designs, and business processes of the disclosing party. However, confidential information shall not include any information that is: (i) in the public domain (through no unauthorised disclosure by the receiving party); (ii) already known by the receiving party; or (iii) is disclosed to the receiving party by a third party who, to the receiving party’s knowledge, is authorised to do so.
The receiving party agrees that it may only use the confidential information which it receives from the disclosing party for the purpose of performing its obligations or exercising its rights under these Terms (a “Permitted Purpose”), and that it may only disclose such confidential information to its officers, employees, contractors and agents to the extent they need to know and use it for such Permitted Purpose. The receiving party shall ensure that such officers, employees, contractors and agents are bound by equivalent obligations in respect of the confidential information to those set out hereunder and shall use its best efforts to ensure that they abide by such obligations.
If the receiving party is compelled by law to disclose any of the disclosing party’s confidential information, to the extent permitted by law, the receiving party will promptly notify the disclosing party. If disclosure is ultimately required, the receiving party will furnish only that portion of the confidential information that is legally required.
The receiving party agrees that the disclosing party shall be entitled to seek an injunction or any appropriate decree of specific performance for any actual or threatened violations by the receiving party without the necessity of disclosing party showing actual damages or that monetary damages would not afford an adequate remedy.
Maze.design will collect, store and use your personal information in accordance with our Privacy Policy.
You acknowledge and agrees that you are responsible for and will comply with all requirements regarding the collection, use, processing, storage, protection, disclosure, transfer and destruction of personal data comprised within the Prototypes or which is submitted by you as part of use of the Services (including the personal information of participants that you choose to add to any Project). Where you submit any personal data relating to a third party (including your participants) as part of the Services, you must have the permission and/or a lawful basis to share that information with Maze.design in connection with the Services. To the extent that Maze.design accesses or holds personal data comprised in the Prototypes or which is submitted by you for use with the Services, the terms of the Maze.design data processing addendum, which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms.
This section shall survive termination howsoever arising.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, WE MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES (EXPRESSED OR IMPLIED) OR CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF RESULTS, OR ARISING FROM COURSE OF DEALING, USAGE, TRADE OR RELIANCE.
Aggregate Liability and Exclusions of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAZE.DESIGN BE LIABLE FOR: ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, TREBLE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAZE.DESIGN’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE USE OF ANY SERVICES, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO MAZE.DESIGN IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE RELEVANT CLAIM. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.
No Liability for Events Outside our Control: If our provision of the Services, including any update, is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
Availability of Services: Whilst Maze.design shall provide all Services with reasonable skill and care, we do not warrant that the Services will always be available, uninterrupted or error-free, but only to the extent permitted by law.
What we will always be responsible for: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence or for fraud or fraudulent misrepresentation.
Suitability of the Services: The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Services meet your requirements. You agree that you are solely responsible for the results obtained from the use of the Services and for conclusions drawn from such use.
Please Back-Up Content and Data Used with the Services: We recommend that you back up any content and data which you use in connection with the Services to protect yourself in case of problems with the Services. You are responsible for the input and maintenance of the Prototypes (and all content contained therein) and for maintaining effective back-up procedures as may be necessary to replace any Prototypes in the event of loss or damage regardless of cause.
10. Term and termination
Unless expressly stated otherwise in an Order Form, we may terminate these Terms and suspend your access to the Services immediately by written notice to you, including if you break these Terms in a serious way (as determined by us in our discretion) or we suspect that may be the case, or if you suffer an insolvency event or if we consider it necessary to protect the integrity or security of the systems used by us at any time. If what you have done can be put right, we will give you a reasonable opportunity to do so.
On termination for any reason:
1. All rights granted to you under these Terms shall cease and you must immediately cease use of the Services; and
2. We may deactivate your accounts.
You may terminate your account at any time by writing to us at the email address provided in section 11 “Contact”. Any amounts you have already paid to us for paid subscriptions shall be non-refundable, and if you terminate part way through a subscription period you will be liable to pay the full amount for that relevant subscription period.
11. Contact
If you wish to contact us, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mail at help@maze.design. If we have to contact you or give you notice in writing, we will do so using the email address that you have provided to us.
12. General terms
Marketing: Customer acknowledges and agrees that Maze.design may, and hereby authorises Maze.design to, include Customer’s name and/or logo in case studies, in marketing content, on Maze.design’s website, in business proposals and/or in other marketing materials, subject always to any branding guidelines provided by Customer to Maze.design in writing from time to time. To that end, Customer hereby grants to Maze.design during the term of any Order Form a revocable, limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license to use Customer’s name and/or logo (and any intellectual property rights therein) on Maze.design marketing materials. Should Customer wish to revoke Maze.design’s right to use its name and/or logo at any time, Customer shall email privacy@maze.design and Maze.design will process such requests without undue delay.
Transferring rights: We may assign or transfer our rights and obligations under these Terms to a third party, but this will not affect your rights under these Terms. You may only assign or transfer your rights or obligations under these Terms to another person if we agree in writing.
Failure or delay in enforcing rights: If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you, nor will it prevent or restrict the further exercise of that or any other rights. If we do waive a default by you, we will only do so in writing.
No rights for third parties: The Terms are not intended to grant rights to anyone except you and Maze.design.
Export Controls: Customer agrees that Customer will not, and will ensure that its Authorised Users and Collaborators will not, directly or indirectly, export or re-export, or knowingly permit the export or re-export of, the Services or any technical information about the Services to any country for which such export or re-export is restricted by any applicable regulation or statute. Customer hereby represents and warrants that: (a) Customer is not located in a country that is subject to financial, economic or trade sanctions or embargoes, or otherwise designated on any list of prohibited or restricted parties or territories, including any such lists maintained by the United Nations, the UK Government, the US Government, the European Union or any of its member states; and (b) Customer is not listed on any list of prohibited or restricted parties. The Services and its documentation are deemed to be ‘commercial computer software’ and ‘commercial computer software documentation’, respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable.
Severability: Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in these Terms.
Applicable Law and Place of Legal Proceedings: These Terms are governed by and construed in accordance with the laws of the State of California, USA, without reference to its conflicts of law principles. All claims relating to or arising out of these Terms, regardless of legal theory, shall be subject to the exclusive jurisdiction of the courts of San Francisco, California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
13. INTELLECTUAL PROPERTY POLICY
It is Maze.design’s policy to terminate account privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to Maze.design by the respective intellectual property owner or their legal agent.
Without limiting the foregoing, if you believe that the content of any material uploaded or posted onto the Services infringes your intellectual property rights, please provide our designated intellectual property agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (ii) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (iii) a description of the location on the Services of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf.