SpotDraft Sidebar Terms of Use - Design Partner Program

By using the SpotDraft Sidebar application (“Service”) as part of the design partner program (“Program”), you agree to these terms of use (“Terms”) with Draftspotting Technologies Private Limited (for users in India) / Draftspotting Inc. (for users outside India) (“Company”) from the date you start using the Services:

1. The Program involves usage of the Services which are currently in the development and testing stage. The Services and its outputs should always be validated by users.

2. The Company collects data about how you use the Services, including your inputs and the Service's outputs. This data helps the Company and its affiliates improve and develop the Services. During the Program, your data may be accessed by authorized personnel for the purposes of monitoring, debugging, and improving the Service. The Program, being made available on a preview and developmental basis, is not covered by Company’s security, confidentiality, or SLA commitments, including when used in combination with other services offered by Company. Users are expected to exercise judgement and should refrain from submitting any confidential, sensitive, or regulated information during their use of the Services.

3. The Company is providing a limited, revocable, license for 3 months or such other period communicated by the Company, to the user only to use the Services as part of the Program for providing feedback on the Services on a trial basis and as per these Terms.

4. The Company provides the Services "as is" without any warranty. Users acknowledge that they would have complete discretion and responsibility for any data that they input into the Services. The Company does not guarantee that the Services will work accurately, provide or not provide any specific type of responses, or be available at all times. The Company is not responsible for the contents of the output. There are no service level agreements or any other warranty during the Program, express or implied. The Company may elect to discontinue the Program and/or the Services at any time at its sole discretion. The Company does not warrant that users’ data will be backed up or be available for retrieval or be compatible with any other program.

5. The Company may ask for your feedback about the Services and how it performs. Your input helps the Company make the Services better.

6. User should not, and should not allow, enable, or cause any third party to: (a) reverse-engineer, decompile, disassemble, or attempt to derive the source code for the Services, in whole or in part; (b) copy, frame, mimic, replicate, or mirror any part of Services or the Program, or distribute, license, sublicense, lease, or otherwise transfer access rights to the Services to any third party; (c) use the Services for the purpose of creating a product or service competitive with Company, the Services, or any other services or products of the Company; (d) disclose the results of any benchmark tests or performance of the Services without Company’s prior written consent; (e) remove, delete, alter, or obscure any trademarks, specifications, documentation, end user license agreement, privacy policy, warranties or disclaimers, or any intellectual property or proprietary rights notices regarding the Services; (f) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services or features that enforce limitations on use of the Services; (g) upload any sensitive, personal, or other information to the Services that would subject Compant to any data privacy or data protection laws; or (h) use the Services other than as described in the documentation provided or in violation of applicable law or any party’s rights. User shall not assign their rights under these Terms to any other party without Company’s prior written consent.

7. The Services uses third-party services for operations, including third party large language model providers. By using the Services, users are also bound by applicable terms of use of such third parties. 

8. The Services are confidential and not publicly available. Participants of the Program are required to maintain the Services’ confidentiality and not disclose details of the Service (including outputs) or the Program to third parties.

9. The Company owns and retains all rights to the Service and its underlying technology, as well as all features, functionalities, software, applications, improvements, enhancements or modifications made by any party to the Services (whether or not based on feedback provided by users); (ii) Company’s name, logo, and other trademarks; and (iii) all intellectual property rights in and to any of the foregoing. Users are prohibited from copying, modifying, creating derivative works of, and reverse-engineering the Service and its underlying technology, or using it in any manner which is not authorised by the Company. Use of this tool is permitted only for legitimate business purposes. Specifically, use of the Services for anything that is illegal, harmful, or that violates others' rights is prohibited.

10. Company, and its affiliates and suppliers, will not be liable under these Terms for (i) direct, indirect, special, incidental, consequential, exemplary, or punitive damages, or (ii) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), even if Company knew or should have known that such damages were possible and even if a remedy fails its essential purpose arising out of or relating to this agreement, including the use or inability to use the Services.

11. As part of the Program, you agree to assist Company with a mutually agreed case study and testimonial, and for Company to publish the same along with your name and logo in publicity and marketing materials.

12. If you are participating in the Program on behalf of an entity or organization that you represent: (a) all references to “you” and “user” are to that entity or organization; and (b) you represent and warrant that you have the right, power and authority to agree to these Terms on behalf of the entity or organization.

13. For users in India: This Agreement shall be governed by the laws of India, and the courts of Bengaluru, Karnataka, India, shall have the exclusive jurisdiction to submit any dispute arising out of or in relation to this Agreement.
    For users outside India: This Agreement shall be governed by the laws of the State of New York, United States, and the courts of Manhattan, New York, United States shall have the exclusive jurisdiction to submit any dispute arising out of or in relation to this Agreement.