Last Updated September 2024
The below Terms and Conditions set out the terms and conditions governing access and use of the website located at [INSERT URL] and all associated sites and pages and any social media channels operated or authorized by Four Stripes (collectively, “Site”, as well as any mobile application that is or may be offered for use in the course of services offered by Four Stripes LLC ("us", "we", "our", the “Company” or “Four Stripes”), and in participating in or receiving any services offered by the Company or any subsidiary or affiliate thereof.
These Terms and Conditions are entered into between you and the Company, and constitute a legally binding contract, and should be interpreted with and incorporate by reference the Company’s Privacy Policy.
By accessing or using any of the Services, you accept these Terms and Conditions and the Privacy Policy without limitation.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN IMPORTANT LEGAL RESTRICTIONS, SUCH AS A RELEASE, LIMITATIONS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT USE THE SERVICES.
The Company reserves the right to modify or amend these Terms and Conditions, and the associated Privacy Policy, without notice at any time. The current Terms and Conditions will be accessible on the Site, and you should review the Terms and Conditions prior to using or participating in any of the Services. Use of the Services by you following any modification or amendment to the Terms and Conditions shall constitute binding acceptance of such modification or amendment.
By agreeing to these Terms and Conditions, you agree to the terms of the Privacy Policy, which is incorporated herein by reference and is also available on the Site. All personal information that may be provided to Four Stripes in the course of your use of the Services will be treated in accordance with the Privacy Policy.
The capitalized terms used throughout this document are defined as follows. Unless otherwise specified, terminology used shall be interpreted according to its plain meaning as used by a reasonable person with general familiarity with mobile applications, with project management, interior design applications and associated marketing and websites, and consistently with related agreements such as the Subscription Agreement and/or Privacy Policy.
“Subscriber” refers to any person (natural person or entity) that has purchased one or more Subscription plan available for access to the Services. The term shall encompass any person(s) who may be provided a Subscription by Company, regardless of the amount paid in Subscription fees (if any).
“Application” refers to the electronic online and/or mobile application or interface utilized by Company for Subscribers to access and/or use the Services.
“Services” refers to the access to and use of any software and/or web-based services provided by Company, as provided pursuant to the subscription entered into between Company and Subscriber.
“User” refers to any person who accesses the Site or the Application, regardless of whether such person is a Subscriber.
The access to the Services and the Application by all persons, including Subscribers, is subject to the sole discretion of Company. Access to the Services may be revoked, and any applicable Subscription may be terminated, in the event that Company determines in its sole discretion that a User or Subscriber has violated any term or condition set forth herein, or of any terms or rules imposed by an online hosting provider used by Company, violated any applicable laws or regulations, or engaged in any other conduct deemed by Company to be detrimental to the Services and/or its Subscribers.
The terms of Subscription for any Subscriber may be subject to a Subscription Agreement between the Company and Subscriber. In the event of any conflict between these Terms and Conditions and the Subscription Agreement, the Subscription Agreement shall control.
Subscription fees already paid, even if paid in advance for future Subscription, are not subject to refund in the event of a termination by Company based on the Company’s determination that a Subscriber or user has violated the terms and conditions set forth herein or the terms of the Subscription Agreement. In the event of any refund of any fees that may be provided in Company’s sole discretion for any reason, any refunded Subscription fees will be reduced by any processing fees.
Subscribers are responsible for providing computer and/or mobile equipment necessary to gain access to the Application and/or the website. Access to the Application may be through the use of a username and password. Subscribers are directed to keep such access information strictly confidential. Unauthorized access to the Services is a breach of these terms of service.
Subscribers may cancel a Subscription with 30 days’ notice in any method permitted through the Application. A cancellation will be effective at the end of the paid Subscription cycle during which you cancel the Subscription. Company may cancel a Subscription if authorized charges to a Subscriber’s credit card or approved alternative payment method are not honored or if Company is no longer authorized to charge your credit card (or approved alternative payment method). Upon cancellation, you will be denied further access to the restricted portion of the Services. Company will have no obligation to return any portion of the Subscription fees you have paid prior to cancellation. In the event of voluntary cancellation, Subscribers will have access to the Services until the expiration of the period for which the Subscription had been most recently paid.
Information and content published to the Site (including social media channels), the Application, or otherwise provided in the course of providing the Services by Company, in any form whatever (such as photos, videos, basic text such as words or clauses, logos, graphics, etc.) is the exclusive intellectual property of Company, and is subject to the protection of applicable copyright and trade secrets law, among other legal protections.
NO SUBSCRIBER OR USER IS AUTHORIZED TO PUBLISH, APPROPRIATE DISSEMINATE, DISCLOSE, OR REVEAL INFORMATION PUBLISHED BY COMPANY THEREON.
In the event that any person is determined by Company to have violated this term, and engages or assists in the unauthorized republication, misappropriation, dissemination, disclosure or revelation of any information published by Company to the Services, such Subscriber will be subject not only to immediate termination of their Subscription without refund, but will be liable for damages to Company.
These Terms and Conditions shall be construed in accordance with the laws of the State of Utah without giving effect to the conflict-of-laws principles of any jurisdiction. Any claim against Company, its officers, agents, employees, successors, and assigns must be brought within one year of the date of the event giving rise to such action occurred. Any disputes arising out of or related to these Terms and Conditions, and to any claim you assert against Company related in any way to the Services or the Services, shall be resolved by binding arbitration pursuant to the rules of the American Arbitration Association. The arbitration will be conducted in Salt Lake County, Utah, unless Company agrees to another location. Each side shall bear their own legal fees, and shall split arbitration fees equally. The claim may be brought only by an individual Subscriber or User based on that individual’s own claim, not in a representative or class capacity.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These terms and conditions, along with any applicable Subscription Agreement, the Privacy Policy, and any other documents incorporated by express reference herein, constitute the entire agreement between you and Company regarding the subject matter herein and supersede any prior or contemporaneous agreements, understandings, or representations.
If any provision of these terms and conditions are found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
The failure of Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing.
You may not assign or transfer any rights or obligations relating to Services provided under any Subscription without the consent of Company.
BY PROCEEDING TO USE THE SERVICES PROVIDED, WHETHER BY CLICKING “ACCEPT,” PROVIDING ELECTRONIC SIGNATURE OR OTHER AFFIRMATION, PURCHASING A SUBSCRIPTION, OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THE PRECEDING TERMS AND THAT THEY FORM A VALID, BINDING CONTRACT BETWEEN YOU AND COMPANY.