Last updated: December 16, 2019
Published: December 16, 2019
Instead of “General Words”
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).
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!
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.
You can access the ITG Builder on a free or fee-paying basis after completed registration on Оur Website.
After registration We will create Your User account and You can finally use ITG Builder to dive into the magic world of illustrations.
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:
Monthly Plan costs 19$ per one month (30 days) and includes:
Annual (12 month) Plan costs 159$ and includes:
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.
(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.
When using the Website You are prohibited to:
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.
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:
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.
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.
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.
5. Data Protection
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 email@example.com.
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
- 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.
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.
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: firstname.lastname@example.org and/or by mail to PPE Oleg Martynenko: Peremozhna 19, Kharkiv, Ukraine, 61000.
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.
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
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.