Terms and Conditions
Figrfast Systems Pvt. Ltd.
1. Purpose:
These Terms of Use ("Terms") govern your use of the Figrfast Systems Pvt. Ltd. website, services, and applications (collectively, the "Services"). By using the Services, you agree to these Terms.
The Services are operated by Figrfast Systems Pvt. Ltd., a company registered in India. You can contact us through the designated contact details provided on our website.
3. Restricted Actions:
You are prohibited from re-distributing designs produced by this website for commercial profit (monetization). Furthermore, the use of our applications and services to compete or interfere with Figrfast Systems business operations is disallowed. For instance, you may not:
- Share or earn profit from any compilation of designs generated through Figrfast Systems Pvt. Ltd.'s services.
- Utilize designs produced by Figrfast Systems Pvt. Ltd. to compete with any application or service offered by Figrfast Systems Pvt. Ltd.
4. Terms of Services:
Our Services operate on a monthly or yearly subscription model (henceforth referred to as the "Subscription"). The Subscription is automatically renewed for successive periods equivalent to the initial period, unless terminated by Figrfast Systems Pvt. Ltd. or the User, at least one day before the conclusion of the current Subscription period.
Users can unsubscribe in the following manner:
- 'PRO' subscribers can administer their subscription directly from their Gumroad account. Details of the account will be mailed to them upon subscription.
- Any initiated Subscription Period is wholly payable.
Figrfast Systems Pvt. Ltd. reserves the right to terminate any User's Subscription at any time and provide a prorated refund for the remaining period if necessary. In cases of explicit and malicious violation of license, no refund will be provided.
5. Utilizing the Application and Services:
5.1. Legal Capacity
The Application and Services can be accessed by:
- Any individual with full legal capacity to be bound by these general terms of use. Those without full legal capacity may only access the Application and Services with the approval of their legal guardian or representative.
- Any legal entity acting through an individual who possesses the legal authority to contract on behalf of that legal entity.
5.2. The Application and Services must be used directly by an individual to prevent automated access, such as through bots or scrapers.
6. Registration on the Application:
To access certain features of our Services, you may be required to register and provide certain information about yourself. You agree to provide accurate and complete information and keep this information updated.
7. Acceptance of the General Terms:
By registering and using our Services, you indicate your acceptance of these Terms. If you do not agree to these Terms, you should not register or use our Services.
8. Services Overview
Users may opt for Premium Services by subscribing to one of the available packages presented by Figrfast Systems Pvt. Ltd., as detailed in Section 4 ("Terms of Services").
8.1. 'Freemium' Services
Users can take advantage of 'Freemium' Services, wherein they get to use our services under limited conditions (e.g. non-priority access, limited number of imports, etc.). As these conditions may change over time, users can refer to the detailed tariff schedule on the website for more information.
8.2. 'Premium' Services
Users may opt for 'Premium' Services, offering unrestricted access to our Services, limited to a certain number of users in accordance with the chosen subscription plan.
8.3. Additional Services
Figrfast Systems Pvt. Ltd. reserves the right to propose any other Service that it considers beneficial, using the format, features, and technical tools that it deems most suitable for delivering these Services.
9. Financial Considerations
9.1. Freemium Services
Freemium Services are provided to the User free of cost.
9.2. Premium Services Fee Structure
The pricing for 'Premium' Services or related Subscriptions is available on our Application. Unless specified otherwise, these prices are indicated in U.S. Dollars and are exclusive of taxes.
Figrfast Systems Pvt. Ltd. reserves the right to offer promotional deals or discounts at its sole discretion and under its own terms.
9.3. Pricing Adjustments
Figrfast Systems Pvt. Ltd. holds the right to revise the prices mentioned in Section 8.2 ('Premium' Services Fee Structure) at any time and at its sole discretion. Users will be informed about these changes through any written means (including email) at least a month before the revised fees come into effect. The revised fees apply upon renewal of the Subscription.
9.4. Invoicing
Upon accessing the Application, Users are sent invoices once every Subscription Period through any available means.
9.5. Payment Procedure
Subscription fees are automatically debited from the User's credit card. For PRO subscriptions, payment is processed via Gumroad, which retains the User's credit card or other payment method details for this purpose.
Subscription fees are due and charged on the subscription day, and then on each renewal date. The User guarantees Figrfast Systems Pvt. Ltd. they have the necessary permissions to use the selected payment method and agrees to make arrangements for automatic payment of Subscription fees.
9.6. Offset
Users explicitly agree that all monetary obligations between the User and Figrfast Systems Pvt. Ltd., that are not disputed regarding their enforceability and amount, will automatically offset each other.
9.7. Payment Delays
Users are informed and expressly agree that any late payment will automatically result in immediate termination of their subscription.
10. Proof
Users expressly recognize and agree that:
Data collected by the Application and Figrfast Systems Pvt. Ltd.'s IT systems provide proof of transactions performed under these general terms; such data is the primary evidence admitted between parties, particularly for the calculation of amounts due to Figrfast Systems Pvt. Ltd.. Users can access this data in their Personal Space.
11. User Responsibilities
The User commits to:
- Uphold all laws and rules, respect third-party rights and public order in their utilization of the Services.
- Understand the Services' capabilities and limitations, including technical ones, and take sole responsibility for their use of the Services.
- Be solely accountable for their relations with other Users and for the information they share under the Services. The User should exercise caution and judgement in these interactions.
- Use the Services strictly for personal use, and refrain from transferring any part of their rights or obligations under these Terms to any third party.
- Provide Figrfast Systems Pvt. Ltd. with all required details and actively collaborate for smooth execution of these Terms.
- Take responsibility for any content (text, graphics, audio, etc.) or components shared within the Services, ensuring all rights and permissions are obtained for distribution.
- Ensure the shared contents and components are lawful, non-offensive, do not infringe upon any rights, and do not expose Figrfast Systems Pvt. Ltd. to any legal liability.
- Refrain from distributing contents that are explicit, offensive, defamatory, violent, or illegal in nature; counterfeit; damaging to a third party's image; false, misleading, or promoting illegal activities; harmful to third-party IT systems; or in any way, infringing upon third-party rights.
- Accept that the Services require an internet connection, the quality and cost of which are the User's responsibility.
- Acknowledge that using the Application may entail specific obligations, especially pertaining to taxation and social regulations.
- Take full responsibility for any administrative, tax, and/or social obligations arising from their use of the Services, ensuring that Figrfast Systems Pvt. Ltd. is not liable in this regard.
12. User's Warranty, Covenants and Indemnity
12.1. By consenting to these Terms and availing the Services, you hereby represent and warrant that:
- You have the legal capacity and authority to consent avail the Services and consent to these Terms;
- The information furnished by you to Figrfast Systems Pvt. Ltd. for availing the Services does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, or (d) contain computer viruses, worms or other harmful files;
- You shall not access or use the Services to engage in any illegal, fraudulent, or other illicit activity; and
- Upon request by Figrfast Systems Pvt. Ltd., you shall promptly furnish Figrfast Systems Pvt. Ltd. with any documentation or other form of substantiation necessary to verify your compliance with these Terms.
12.2. To the full extent permitted under applicable laws, you agree to defend, indemnify and hold harmless Figrfast Systems Pvt. Ltd, its officers, directors, employees, partners, agents and experts from and against all liabilities, demands, claims, damages, complaints, losses, costs, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your (i) your breach of these Terms; (ii) breach of applicable law or (iii) gross negligence or willful misconduct.
13. Prohibited Conduct
13.1 Utilizing the Services for the following intents is strictly forbidden:
- Engaging in illicit, deceptive activities or those that infringe third-party rights or safety,
- Disrupting public order or breaching applicable laws and regulations,
- Unlawfully accessing a third party's computer system or conducting any activity that may compromise or tamper with a third party’s computer system,
- Propagating unsolicited or soliciting emails,
- Implementing measures intended to improve the referencing of a third-party website,
- Aiding or encouraging, in any manner, one or more of the above actions,
In general, any practice using the Services for objectives other than what they were devised for.
Users are strictly prohibited from replicating and/or misusing the concept, technologies, data, or any other element of the Figrfast Systems Pvt. Ltd. application for their own benefit or those of third parties.
The following are also strictly forbidden:
Any conduct likely to disrupt, pause, decelerate, or prevent the continuity of the Services,
- Any intrusion or attempted intrusion into Figrfast Systems Pvt. Ltd.'s systems,
- Any misuse of the Application's system resources,
- Any action that may impose an excessive burden on the infrastructure,
- Any attack on security and authentication measures,
- Any action that may infringe the rights and financial, commercial or moral interests of Figrfast Systems Pvt. Ltd. or its Application users,
- Any violation of these general terms.
14. Penalties for Violations
In case a User violates any provision of these general terms, or more generally, infringes any applicable law or regulation, Figrfast Systems Pvt. Ltd. reserves the right to take any suitable measure, including:
- Suspension of access to the Services for the User involved in the breach or violation,
- Deletion of any content or component posted on the Application associated with the breach or violation, in whole or in part,
- Posting any informative message on the Application that Figrfast Systems Pvt. Ltd. finds useful,
- Notification to any competent authority,
- Initiation of any legal action.
15. Responsibility and Warranty of Figrfast Systems Pvt. Ltd.
Figrfast Systems Pvt. Ltd. commits to delivering the Services with professional diligence, however, our obligation is a commitment to our best efforts, not a guarantee of achieving any specific outcome, which the Users acknowledge and explicitly agree. Figrfast Systems Pvt. Ltd takes no responsibility for any content that you or another user or third party posts, sends or receives through the Service. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk.
- Figrfast Systems Pvt. Ltd. is unaware of Contents and Components posted by Users via the Services. We do not moderate, select, verify, or control these. The Service may provide, or third parties may provide, links to other world wide web sites or resources. Because Figrfast Systems Pvt. Ltd has no control over such sites and resources, you acknowledge and agree that Figrfast Systems Pvt. Ltd is not responsible for the availability of such external sites or resources, is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Figrfast Systems Pvt. Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. Please go through the terms of use and privacy policies of such sites carefully as you would be bound by those during such interactions. Complaints should be directed first at the author of the said contents. Any harmful content can be reported to Figrfast Systems Pvt. Ltd. according to relevant laws, and Figrfast Systems Pvt. Ltd. maintains the right to impose sanctions as described in Section 13.
- Figrfast Systems Pvt. Ltd. merely acts as a conduit by offering Users technical means to connect with others. Our liability is confined to the provision of these resources and facilitation of user interactions. Figrfast Systems Pvt. Ltd. doesn’t participate in legal acts between Users who contract directly with each other. We cannot be held responsible for any difficulties or disputes that may arise between Users regarding these contracts.
- Figrfast Systems Pvt. Ltd. provides no guarantee to Users about any volume of business they could generate through the use of our Services.
- Figrfast Systems Pvt. Ltd. commits to conduct regular checks to verify the operation and accessibility of the Application, and reserves the right to temporarily close the Application for maintenance. Figrfast Systems Pvt. Ltd. cannot be held responsible for any technical difficulties or temporary unavailability due to factors beyond our control.
- Figrfast Systems Pvt. Ltd. does not guarantee the Services will be completely free from errors, defects or flaws. The Services, being standard and not specifically tailored to individual User needs, may not meet every User's specific requirements and expectations.
- Figrfast Systems Pvt. Ltd.'s liability under these terms is expressly limited to only proven direct damages suffered by the User.
16. Limitation of Liability
Figrfast Systems Pvt. Ltd.’s maximum liability arising out of or in connection with the Services or your use of our content, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed the subscription amount you have paid to avail the Services.
17. Amendments
Figrfast Systems Pvt. Ltd. reserves the right to change these terms at any time.
Registered Users will be notified of these changes by any means, at least 7 (seven) days before their implementation.
If a User has a Subscription, the amended terms will apply from the renewal date of such Subscription.
Users not agreeing with the modified terms must unsubscribe from the Services as stated in Section 4 ("Duration of Services, termination").
For non-registered Users, the updated terms apply immediately upon usage of the Services after the changes have been made. Hence, non-registered Users are advised to regularly check the most recent version of the terms available on the Application.
18. Intellectual Property
18.1 Figrfast Systems Pvt. Ltd.'s Intellectual Property
All systems, software, infrastructures, databases, and any form of content (including text, images, logos, trademarks, databases, etc.) deployed by Figrfast Systems Pvt. Ltd. within the Application are guarded by active intellectual property rights or rights of database producers. Any unauthorized disassembly, decompiling, decoding, extraction, reuse, copying, reproduction, representation, distribution, or utilization of these elements, entirely or partially, is strictly prohibited and could result in legal actions.
19. Copyright Policy
Figrfast Systems Pvt. Ltd. respects others' intellectual property rights and responds to any claim asserting that the Content displayed on the Service infringes the copyright or intellectual property rights of any individual or entity.
Any copyright owner, or an authorized representative, who believes their copyrighted work has been copied in a manner that constitutes copyright infringement, should email their claim to hi@figr.design with the subject line: "Copyright Infringement". The claim should contain a description of the alleged Infringement.
Claims of misrepresentation or bad faith regarding the infringement of any Content found on or through the Service may result in the claimant being liable for damages (including costs and attorneys' fees).
Claims must include:
- A physical or electronic signature of the individual authorized to represent the copyright owner.
- A description of the copyrighted work claimed to have been infringed, including the URL where the copyrighted work exists or a copy of the work.
- Your address, telephone number, and email address.
- A statement asserting your good faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law.
For such claim, reach us at hi@figr.design
DECLARATION
ALL TRADEMARKS OF THE APPLICATIONS/COMPANIES FEATURED ON Figrfast Systems Pvt. Ltd. BELONG TO THEIR RESPECTIVE OWNERS. Figrfast Systems Pvt. Ltd. ONLY DISPLAYS THESE FOR REFERENCE.
WE UPHOLD DESIGN AUTHENTICITY. ANY VIOLATION OF A TRADEMARK CAN BE REPORTED VIA EMAIL, AND WE ASSURE PROMPT ACTION (REMOVAL) IN RESPONSE.
IF USERS UTILIZE THESE TRADEMARKS, THEY DO SO AT THEIR OWN RISK. USERS ARE ADVISED AGAINST USING ANY TRADEMARK DESIGN COMMERCIALLY WITHOUT OBTAINING PERMISSION FROM THE OWNER. THESE DESIGNS ARE PURELY FOR REFERENCE AND INSPIRATION.
19. Governing Law:
These Terms will be governed by and construed in accordance with Indian laws. All the matters arising out of herefrom shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India.