ITG Terms of Use

Last updated: April 10, 2020
Published: December 16, 2019

Instead of “General Words”

The terms and conditions contained herein (the “Terms of Use”, “TOU”) govern the possibilities of use by You, as a User of the website https://itg.digital/ and the web application https://app.itg.digital/, including all these Content. Use of the Website includes accessing, browsing or registering within the Website, including but not limited to support correspondence, product and services information.

Please read these Terms of Use carefully before You start using the Website, as it will apply to Your use. These conditions will be permanently accessible on the Website. The use of the Website by Users implies acceptance of all conditions contained in these Terms of Use. By using ITG Builder You confirm that You accept these Terms of Use and agree to comply with them.

If You do not agree to these Terms of Use, You must not use the Website.

We reserve the right to deny access, at any time and without prior notice, to Users who do not comply with these Terms of Use at any time.

In case You have any questions relating to the conditions contained in these Terms of Use, You can contact us via email: hello@itg.digital. Or at any of Our social media pages, which You can easily access through the links in the footer of this Website. Your question will be responded during 30 (thirty) days. We are here to help You and make the digital world more beautiful and easy to use!

DEFINITIONS

For purposes of this TOU, the following terms have the meanings ascribed to them below:

ITG Builder (ITG online-builder of illustration) -is a web application, delivered over the Internet, the link: https://app.itg.digital/ and https://itg.digital/, which can be used by You for creating and changing parts or whole illustration for Your personal or commercial goals (hereinafter “Website”, “ITG Builder”).

Company - PPE Oleg Martynenko (record date: 17.03.2015 and record number: 2 480 000 0000 171808 in USR), having its registered office at: Peremozhna 19, Kharkiv, Ukraine, 61000, incorporated under the laws of Ukraine (hereinafter – “Company”, “We” or “Our”).

Content includes but not limited to: whole or elements of icons, illustrations, graphics, pictures, templates and samples, logo, available on the Website.

User - account holder, user who has registered on the Website and use ITG Builder for personal or commercial purposes.

Licensed Materials - illustrations, composed by User, using Content.

User account - is comprised of a username, email and password related to the User when User register within ITG Builder.

Intellectual property rights - all rights in, to, or arising out of: (i) any work, intangible work, copyrights, copyright registrations, creations, design, illustrations, symbols, mark, pictures, icons, trademark, logo, and/or image that is used in commercial / personal goals; (ii) any U.S., Ukrainian or foreign patent or any software therefore and any all reissues, divisions, continuations, renewals, extensions and continuations-in-part thereof; (iii) moral rights, rights of publicity, right of personality, privacy and likeness, whether arising by operation of law, contract, license or otherwise, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country or other applicable jurisdiction.

Services - include accessing, browsing, using ITG Builder, registering, support correspondence, chats, product and services information.

Tariff Plan (Plan) - one of three plans which User can choose according to section 6 (Free Plan, Monthly Plan and Annual Plan).

Authorized third-party - authorized third-party’s websites and services, who have agreements (including vendor agreement) with Us or their affiliates’ provided You the Access Code to the Lifetime Tariff Plan to ITG Builder through its Network.

Network - any and all websites, applications, and platforms that are directly owned and operated by Authorized third-party, any affiliated publisher websites and sub-domains, and any other affiliated websites.

Affiliate - entities, whether incorporated or not, whether now or hereafter existing, that control, or are controlled by, or are under common control with a party to Agreement that We signed with Authorized third-party.

The Lifetime Tariff Plan means permanent access to the Website with free updates and possible modification and the possibility to download up to 100 PNG & SVG illustrations per month, all Website’s capabilities and Content for as long as the Website is available for Users.

About ITG Builder

ITG Builder is the best solution for those who need an illustration in high-quality resolution, without any design knowledge or tools. User has an opportunity to find suitable illustrations and make changes to it on the Website and use it for personal or commercial goals. User can change the style, color, elements of illustration and download а whole illustration and some parts of it. Feel free to Use our Content and Licensed Materials on Your websites, in Your web applications and presentations, according to the EULA. Let’s make this digital world more beautiful together!

  1. Using the ITG Builder

Use of the Website is entirely voluntary and under the sole and exclusive responsibility of the User, provided the User does not violate intellectual or industrial property or otherwise damage the Website.

(a)Registration of an Account

You can access the ITG Builder on a free or fee-paying basis after completed registration on Оur Website.

We ask You to provide Your name, email and password (should be at least 6 digits long) so we can register You within our Services. Email and password than will be used for login. To complete the registration You should agree with ITG Builder Terms of Use, EULA and Privacy Policy.

After registration We will create Your User account and You can finally use ITG Builder to dive into the magic world of illustrations.

(b)Choose Your comfortable Tariff Plan

ITG Builder provides 3 types of Tariff Plans which include different features and opportunities for User. Notwithstanding the type of Tariff Plan each User can use ITG Builder’s capabilities according to p.(c) of this section.

Free Plan allows User to use the Website for free with the following limits:

-to download files only in JPEG format;

-to access non-editable file after download;

-limited downloads of the Content / Licensed Materials (up to 100 downloads);

Free Tariff Plan prohibits to distribute / otherwise use / post / show / demonstrate to third parties any Content and/or Licensed Materials without a link to ITG Builder (http://itg.digital). Absence of such appreciation is considered as a breach of User’s obligations under this Terms of Use.

Monthly Plan costs 19$ per one month (30 days) and includes:

-the ability to download files of high-resolution in SVG, PNG, JPEG formats;

-all downloaded files are editable SVG illustrations;

-limited downloads of the Content / Licensed Materials (up to 250 downloads per month).

Annual (12 month) Plan costs 156$ and includes:

-download files of high-resolution in SVG, PNG, JPEG formats;

-all downloaded files are editable illustrations in SVG format;

-unlimited downloads of the Content / Licensed Materials.

After payment of the Tariff Plan the User has to refresh page (User Account) on the Website, make sure You have an Internet connection. The number of workstations, a User can log in to ITG Builder, is limited to one computer.

The Lifetime Tariff Plan can be activated by entering the authorized Аccess Сode on the Website. The Lifetime access in respect of the Website will always be subject to the availability of the ITG Builder.

We reserve the right to temporarily / indefinitely suspend access to the Website. In no event shall We be liable to You or any third party for Website downtime / suspend / remote.

You confirm that You have got acquainted and fully grasped the terms and documents of the third party where You had bought the Lifetime subscription for the Services. If You are unsure or need more clarifications, please send us an email: hello@itg.digital.

(с) Capabilities of ITG Builder

ITG Builder provides a wide range of Services and opportunities to work with existing illustrations and create unique illustrations.

User can use tags in search field on the Website and find appropriate illustration in the necessary binder. When You’ve chosen the illustration You can change the style, color, selected elements of illustration. Apart from that, User can add, change color, move, delete or save any available elements and character of illustration. So You can download a whole or only a part of illustration.

If You want to have perfect customized illustration for Your brand You can request individual illustration following the link: https://itg.digital/request. Our illustrators will be happy to help You. Send Us a message and We will provide You with all the details.

(d) Restrictions

When using the Website You are prohibited to:

-breach or circumvent any laws, regulations, third-party rights or Our systems, policies, or determinations of Your account status;

-use Our Website if You are not eligible to enter into a legally binding agreements (for example, if you are under 16 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;

-refuse to pay for Services purchased by You according to section 3 “Payments” of this TOU;

-transfer Your User account details to a third party without Our consent;

-distribute viruses or any other technologies that may harm ITG Builder or the interests or property of Users;

-use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means access to Our Website for any purpose, except with the prior express permission of Company;

-infringe the copyright, trademark, patent, publicity, moral, database, and/or other Intellectual property rights belong to Company;

-commercialize Website or any information or software associated with Website, without Our prior permission;

-use the Content and Licensed Materials for resale, sublicense or other distribution for profit;

-copy of the Content and Licensed Materials on a network server or web server providing for use by other users;

-use the Content, Licensed Materials and/or the Website in a way that may be offensive – this means, but is not limited to, the use of images: a) in pornography, “adult videos” or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content;

-use or display the Content / the Website in such a manner that gives the impression that the Content was created by You or a person other than the Company that is the sole copyright holder of the Content / the Website.

In case We notice You are abusing ITG Builder in any way, We may, in Our sole discretion and without limiting other remedies, limit, suspend or terminate Your User Account(s) and access to Our Website and take technical and/or legal steps to prevent You from using the Website.

3. Payments

After registration You are automatically allowed to use Free Plan, but You can expand Your capabilities in ITG Builder and change Your Plan to another anytime (please, read about Our Tariff Plans in section 2b).

To obtain it You need to choose section “Pricing” on the Website and сlick on the Plan. After that, You can pay for the selected Plan.

In the payments sections We will ask You to fill in Your county of residence and postcode fields. The Users have two payment options: to pay - by credit card or via PayPal.

If You choose to payby credit card You will need to fill in Your payment data, such as:

-name of the owner of the card;

-card number;

-expiration Date;

-CCV.

If You choose to pay via PayPal You will be transferred to PayPal page (see PayPal legal), then You need to log in and make payment.

During the short period after payment processed (maximum a few hours) Your Plan will be available for use.

All orders are being processed by online-reseller and registered seller Paddle.com (Terms of use), which also deals with all support payment issues. The price of each Plan includes sales and use taxes, value added taxes (VAT), and other government-imposed taxes, and User shall pay transaction fee. Paddle.com does not collect and store any User’s full credit or debit card details. Paddle.com uses a number of payment card industry compliant providers to process credit and debit card transactions and as an additional security measure uses a third party tokenization service as a layer between the Paddle and the providers.

Once You decided to use Monthly or Annual Plan, You have to follow the payment obligation terms: the payment to be done each 30 days or each 365 days, depending on chosen Tariff Plan. For Your convenience, we provide auto-renewal function. Please do not forget to renew Your payment details, in case they’ve changed. Pudle.com will automatically charge for the month / year subscription. After an unsuccessful attempt we will have to downgrade You to a Free Plan.

If the circumstances have changed and You want to change Your Plan just log in to Your User account. You can change it in the section “Plans” in User Account. Your subscription type (from Monthly Tariff Plan to Annual Tariff Plan) will be accessed upon receipt of full payment.

We do not do money-back if User decides to change User Plan or not use Website anymore. Upon expiration of Your Annual/ Monthly Plan You can always use a Free Tariff Plan.

We may change our fees from time to time by posting the changes on the Website, with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

The ITG doesn’t сharge any payment / fees / commission for providing You the Access code by the third party and We are not liable for any issues relating to the receipt and/or payment of the Access code. For resolving any issues regarding the provision of the Access code You should contact the third party provided You the Access Code.

If you signed up to a Lifetime Tariff Plan You can close Your User Account anytime, but You will not be entitled to any refund of the price paid for the Plan.

If You need more than 100 SVG & PNG illustrations per month, please contact Us.

4. Intellectual property rights

All Intellectual Property Rights over and in respect of the Website / Content / Licensed Materials are owned by Сompany and are protected by U.S., Ukrainian and International Copyright Laws, rules, and regulations. Even after downloading Content or Licensed Materials all the Intellectual property rights are not transferred or assigned to the User and remain the property of Company (See EULA).

Under Free Tariff Plan the User is prohibited to distribute / otherwise use / post / show / demonstrate to third parties any Content and/or Licensed Materials without link to ITG Builder (http://itg.digital). Absence of such appreciation is considered as a breach of User’s obligations under this TOU and EULA.

Except as otherwise provided herein, this TOU does not grant User any Intellectual property rights to Content or Licensed Materials, Privacy Policy, EULA, texts, documents, trademarks, patents of the Website.

5. Data Protection

We understand that we collect personal data from our Users, so we made the best efforts to secure Your data and to comply with GDPR as for the EU citizens. These are stated in our Privacy Policy. Please, read it carefully following the link: https://itg.digital/privacy. Our Privacy Policy explains how We collect, use, share and transfer Your data.

Please treat Your password and login as confidential and do not disclose it to any third party, as You are entirely responsible for the security and confidentiality of Your login details. No assignment of passwords, even temporarily, to third parties is permitted. If the User knows or suspects the loss, theft or use of his password by others the User must promptly bring this to the attention of Company via hello@itg.digital.

6. How We may Contact You

We may contact You through an email that You have provided to Us, in order to:

- notify You regarding changes in User Account;

- troubleshoot problems with User Account;

- resolve a dispute;

- poll your opinions through surveys or questionnaires; or

- as otherwise necessary to service Your account or enforce this TOU, Privacy Policy, applicable law, or other agreement We may have with You;

- any other changes in the ITG Builder, that may be important to You.

Online-reseller Puddle.com may contact You regarding payment issues.

7. Disclaimer of Warranties. Limitation of Liability

We believe most disagreements can be resolved by contacting customer support, but We cannot guarantee the continuous operation of or access to the Website.

The Content appearing in ITG Builder can include technical, typographical, or photographic errors. We do not warrant that any of the materials on Our Website are accurate, complete or current. We may make changes to the Content at any time without notice.

We do not guarantee that the Website or any of the Content on it will always be available, and We reserve the right to update / amend / suspend / withdraw / delete any Content and Our Website.

You agree that You use the Website at Your own risk, and that it is being provided to You on an "AS IS" and "AS AVAILABLE" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER ITG BUILDER NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE ITG BUILDER WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE ITG BUILDER; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ITG BUILDER, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE ITG BUILDER OR THIS TOU. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

8. Force Majeure

We will not be liable for delays, failure in performance or interruption of the Website which result directly or indirectly from any cause or condition beyond our reasonable control, including any delay or failure due to any act of God, act of civil or military authorities, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrence which is beyond our reasonable control and will not affect the validity and enforceability of any remaining provisions.

9. Children

You must be at least 16 years of age or over, or the legal age to form a binding contract in Your jurisdiction if that age is greater than 16 years of age, to create an account with Us or use the Website. If You are between the ages of 13 and 16 or the applicable legal age in Your jurisdiction, You can use the Services only under the supervision of Your parent or guardian who has agreed to these Terms of Use.

Parents or legal guardians of a child under the age of 16 may use the ITG Builder on behalf of such minor child. By using the ITG Builder on behalf of a minor child, You represent and warrant that You are the parent or legal guardian of such child, and that all references in these Terms of Use to “You” shall refer to such child or such other individual on whose behalf You have authorization to enter into these Terms of Use and You in Your capacity as the parent or legal guardian of such child or as the authorized party of such individual.

10. Legal Disputes

To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between You and Company, including without limitation any dispute or claim related to or arising out of this TOU, You and Company may attempt to negotiate any Dispute informally before initiating any arbitration or court proceeding. Such negotiations will commence upon written notice. Your address for any notices under this section is Your email address that You have provided to Us. Our address for such notices is: hello@itg.digital and/or by mail to PPE Oleg Martynenko: Peremozhna 19, Kharkiv, Ukraine, 61000.

11. Severability

The TOU will be enforced to the fullest extent permitted under applicable law. If any provision of the TOU is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the TOU will remain in effect.

12. Assignment

You may not assign any of Your rights or delegate Your obligations under these TOU, whether by operation of law or otherwise, without the prior written consent of Company (not to be unreasonably withheld).

13. Applicable Law

These Terms of Use are governed by and construed in accordance with the laws of Delaware, U.S. Any dispute, controversy or claim arising out of or relating to this contract, including the conclusion, interpretation, execution, breach, termination or invalidity thereof, shall be settled by the Delaware Court of Chancery in accordance with the Delaware Rapid Arbitration Act.

14. Changes to this Terms of Use

We may amend or modify this TOU by posting through the Website, or emailing to You the revised TOU. The current version is always available on the Website. If You do not agree with any such modification, You may not use the ITG Builder anymore and Your sole and exclusive remedy is to terminate Your use of the Website and write Us an email about closing Your User Account. If You continue to use the Website after We have made available to You the updated TOU, You are deemed to have agreed to be bound by the updated TOU.

The Terms of Use, Privacy Policy, End-User Agreement License and all terms posted through Our Website set forth the entire understanding and agreement between You and Company, and supersedes all prior understandings and agreements.