Terms of Service

Last updated: November 27, 2024

1. Acceptance of Terms

Welcome to Design Commons! These Terms of Service ("Terms") govern your access to and use of designcommons.app (the "Service"), operated by Design Commons ("we," "our," or "us").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

2. Account Registration and Security

2.1 Account Creation

To use the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Be at least 16 years of age
  • Be responsible for all activity under your account
  • Maintain the security of your password and account

2.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. You agree to:

  • Not share your password with others
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

2.3 Organization Accounts

When you create an organization, you agree that:

  • You have the authority to bind the organization to these Terms
  • You are responsible for all content and activity within your organization
  • You will manage user roles and permissions appropriately
  • You are responsible for billing and payment for your organization

3. Acceptable Use

3.1 Permitted Use

The Service is designed for team collaboration and project management. You may use the Service to:

  • Create and manage projects and teams
  • Share updates and collaborate with team members
  • Use workflow features (standups, rollups, crits, retros)
  • Upload files and media related to your work

3.2 Prohibited Conduct

You agree NOT to:

  • Violate any applicable laws or regulations
  • Infringe intellectual property rights of others
  • Upload viruses, malware, or malicious code
  • Harass, abuse, or harm other users
  • Spam or send unsolicited communications
  • Scrape, data mine, or extract data from the Service
  • Attempt to gain unauthorized access to the Service or other accounts
  • Reverse engineer or attempt to discover source code
  • Use the Service for illegal activities
  • Impersonate others or misrepresent your affiliation
  • Interfere with the proper working of the Service
  • Use automated tools (bots, scrapers) without permission

3.3 Content Standards

All content you post must:

  • Be appropriate for a professional work environment
  • Not contain hate speech, threats, or harassment
  • Not include sexually explicit material
  • Not violate privacy or publicity rights of others
  • Not contain confidential information you do not have rights to share

4. Content and Intellectual Property

4.1 Your Content

You retain all ownership rights to content you create and upload ("Your Content"). By using the Service, you grant us a limited license to:

  • Store and display Your Content within the Service
  • Process Your Content to provide features (e.g., AI summaries when you request them)
  • Make backup copies for data protection
  • Share Your Content with other users as you direct (team members, organization members)

This license ends when you delete Your Content or terminate your account.

4.2 Our Intellectual Property

The Service, including its design, features, code, and branding, is owned by Design Commons and protected by copyright, trademark, and other laws. You may not:

  • Copy, modify, or create derivative works of the Service
  • Use our trademarks without written permission
  • Remove copyright or proprietary notices

4.3 Feedback

If you provide feedback or suggestions about the Service, we may use them without obligation to you.

5. Subscriptions and Billing

5.1 Free Tier

The free tier includes:

  • Unlimited members
  • Up to 2 teams
  • Up to 3 projects
  • All core features (updates, standups, rollups, workflows)

5.2 Paid Subscriptions

Paid plans are billed per active member (members who can post content). Viewers are always free.

  • Billing Cycle: Monthly or annual (annual saves 37%)
  • Payment: Processed securely through Stripe
  • Auto-Renewal: Subscriptions automatically renew unless canceled
  • Changes: You can upgrade or downgrade at any time

5.3 Refunds

Subscriptions are non-refundable except:

  • During the 14-day trial period (Pro plan)
  • In cases of billing errors
  • At our discretion for extenuating circumstances

5.4 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access until then.

6. Service Availability and Modifications

6.1 Uptime

We strive to maintain high availability but do not guarantee the Service will be uninterrupted or error-free. We are not liable for:

  • Scheduled maintenance
  • Service disruptions due to factors beyond our control
  • Third-party service outages (Firebase, Vercel, etc.)

6.2 Modifications

We may modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice for material changes that negatively impact your use.

7. Termination

7.1 Termination by You

You may terminate your account at any time through account settings. Upon termination:

  • Your subscription will cancel at the end of the billing period
  • Your personal data will be deleted within 30 days (see Privacy Policy)
  • Organization data you own will be deleted or transferred as you direct

7.2 Termination by Us

We may suspend or terminate your account if:

  • You violate these Terms
  • You engage in fraudulent or illegal activity
  • Your account poses a security risk
  • Payment fails and is not resolved within 14 days

We will provide notice when reasonably possible, except in cases of serious violations.

7.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. Provisions that by their nature should survive (liability limitations, dispute resolution, intellectual property) will survive termination.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to:

  • Merchantability and fitness for a particular purpose
  • Non-infringement of third-party rights
  • Accuracy, reliability, or availability of the Service
  • That the Service will meet your requirements
  • That the Service will be uninterrupted or error-free
  • That defects will be corrected

Some jurisdictions do not allow disclaimer of warranties, so some of the above may not apply to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESIGN COMMONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE.

Our total liability for any claims arising from these Terms or the Service shall not exceed the greater of:

  • The amount you paid us in the 12 months before the claim, or
  • $100 USD

Some jurisdictions do not allow limitation of liability, so some of the above may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Design Commons and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your Content

11. Dispute Resolution

11.1 Informal Resolution

Before filing a claim, you agree to contact us at support@designcommons.app to attempt informal resolution. We will attempt to resolve disputes in good faith.

11.2 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law provisions.

11.3 Arbitration

Any disputes that cannot be resolved informally will be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules.

You and Design Commons agree that arbitration will be conducted on an individual basis, not as a class action.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Design Commons regarding the Service.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

12.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

12.5 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control (natural disasters, war, strikes, internet outages, etc.).

13. Contact Information

For questions about these Terms, please contact us:

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