Software Jewel Ltd (Suite B, 29 Harley Street, London, UK; registered in England and Wales, company number: 6871451) (referred to here as “Software Jewel”) provides its “Service” (as defined below) to you through its web site located at www.clutterpad.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site or any other Service or Site provided by Software Jewel, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
Software Jewel reserves the right to update and change the TOS from time to time without notice. New features and updates shall be subject to the TOS. Should you continue to use the Service after any such changes have been made shall constitute your consent to such modifications. You can review the most current version of the TOS at: http://www3.clutterpad.com/home/terms. Violation of any of the terms below will result in the termination of your Account.
The “Service” includes (a) the Site, (b) any site or service provided by Software Jewel (c) all software, data, text, images, sounds, video, and content made available through the Site or services.
1. You must be 13 years or older to use this Service.
2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
3. Your login may only be used by one person; a single login shared by multiple people is not permitted.
4. You are responsible for maintaining the privacy and security of your account and password. Software Jewel cannot and will not be liable for any loss or damage from your failure to protect your login information, including your password.
5. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others to projects under your account).
6. If you are using a free account you are not permitted to block advertisements.
7. One person or legal entity may not maintain more than one free account.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1. A valid credit or debit card is required for paying accounts. Free accounts are not required to provide a credit card number.
2. If you initially sign up for any paying account, and you don’t cancel that account within 1 calendar month, you will be billed every month starting 1 calendar month after your account was initially created. If you cancel prior to the processing of your first invoice after 1 calendar month, you will not be charged.
3. An upgrade from the Free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
4. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
5. All fees are exclusive of all taxes, levies, or duties imposed by governing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United Kingdom taxes.
6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
7. Downgrading your Service may cause the loss of content, features, or capacity of your Account. Software Jewel does not accept any liability for such loss.
Cancellation and Termination
1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the My Account link at the top of the screen in Clutterpad. The My Account screen provides a cancellation link.
2. All of your content may be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Software Jewel, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Software Jewel service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Software Jewel reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. Software Jewel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Clutterpad Site (www.clutterpad.com) or the Service itself.
3. Software Jewel shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
1. All content posted on the Service must comply with United Kingdom copyright law.
2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
3. Software Jewel does not pre-screen content, but Software Jewel and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
4. Software Jewel owns the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Software Jewel or its suppliers own.
5. Software Jewel and Clutterpad are trademarks of Software Jewel.
1. Your use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
2. Technical support is only provided to paying account holders and is only available via email.
3. You understand that Software Jewel uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You agree not to modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Software Jewel, Clutterpad, or any other Software Jewel service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Software Jewel.
6. Software Jewel may, but has no obligation to, remove content and accounts containing content that it determines in its sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this TOS.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Software Jewel customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email (“spam”).
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Software Jewel) of other Software Jewel customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
12. Software Jewel does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that Software Jewel shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Software Jewel has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
15. The failure of Software Jewel to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Software Jewel and govern your use of the Service, superseding any prior agreements between you and Software Jewel (including, but not limited to, any prior versions of the TOS).
16. Questions about the TOS should be sent to support at softwarejewel dot com. Any questions about your account should be sent to accounts at softwarejewel dot com.