This End User Licence Agreement (EULA) is effective from 1 December 2017.
Electric Putty Limited (We) of 45 Church Road, Hove, East Sussex, United Kingdom BN3 2BE license you to use:
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The ways in which you may use the Service and Documentation, and how any personal data is collected and used, may in addition be governed by the Service Subscriber’s rules and policies, which you should ensure you are familiar with and consent to. We take no responsibility or liability for your use or inability to use the Service under these additional rules and policies.
If you want to learn more about the Service or have any problems using them please take a look at our support resources in the Help and Support section in your BrandStencil account. Any Service support queries must be addressed via your Service Subscriber.
If you think the Service is faulty or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org.
In return for your agreeing to comply with these terms you may:
You must be 18 or over to accept these terms.
We are giving you personally the right to use the Service as set out above. Whilst you may have sharing rights as an Authorised User of the Service Subscriber you may not otherwise transfer your permission to access the Servi ce to anyone else, whether for money, for anything else or for free.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give at least 30 days’ notice of any change to the Service Subscriber and inform you of the implementation of these changes when you next use the Service.
If you do not accept the notified changes you will not be permitted to continue to use the Service.
From time to time we may automatically update and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
By using the Service, you agree to us collecting and using technical information about the devices you use the Service on and related software, hardware and peripherals to improve our products and to provide the Service to you.
You also consent to the Service Subscriber having access to your user log of Service activities, uploads and outputs.
The Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy or use any products or services offered by them.
You agree that you will:
Your use of the Service must comply with our Acceptable Use Policy https://brandstencil.com/acceptable-use-policy which among other things states that you must:
All intellectual property rights in the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Documentation or the Services other than the right to use them in accordance with these terms.
The Service Subscriber may permit you to use, under licence, intellectual property it owns or licenses (such as images, text or fonts) from a third party (including from us) as an Authorised User of the Services and in any materials (Output Material) produced using the Services.
You agree not infringe our intellectual property, the intellectual property of the Service Subscriber or any other third party, and by using the Services or creating any Output Material and you agree to indemnify us fully against any third party intellectual property claims arising as a result of your use of the Service, uploading or production of any materials as a result of your use.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
You may use the Service solely for personal and private use. If you use the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. A Service Subscriber with a current valid Subscription Plan may have additional rights.
The Service is provided to you for use solely as an Authorised User of the Services Subscriber. Although we make reasonable efforts to update the information provided by the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We recommend that you separately back up any content and data (Client Content) uploaded to or used in connection with the Service, to protect yourself in case of problems with the Service.
While we follow a standard back up procedure for the Service we are not obliged to back-up any Client Content.
We shall not be responsible for any loss, destruction, alteration or disclosure of Client Content caused by any third party, including the Service Subscriber.
Brandstencil has not been developed to meet your individual requirements and is to be used by you on an as is basis.
If our provision of the Service or support for the Service is delayed by an event outside our control then we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
We may end your rights to use the Service at any time by contacting you or the Service Subscriber if, in our opinion, you have broken these terms in a serious way.
If we end your rights to use the Service:
We may transfer our rights and obligations under these terms to another organisation.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are exclusively governed by English law and the jurisdiction of the Courts of England and Wales.
This Security Policy describes the BrandStencil security procedures and processes. If you have any questions please contact us.