Terms of Service

3. Your Commitments and Use of Design Appeal Consumer Services

3.1. To be eligible to use Design Appeal, you must be at least eighteen years old or the age of majority in your country of residence. If you are using Design Appeal Consumer Services, you must be permitted to agree to these Terms under the laws of the country you live in, including having sufficient legal capacity. If you are a parent or guardian who allows your child under 18 to use Design Appeal Consumer Services on your account, you provide all consents necessary for your child's use of Design Appeal Consumer Services and agree to be legally responsible for all activity of your child on your account.

3.2. You agree to provide truthful and accurate information about yourself when registering for and using Design Appeal Consumer Services, including your name and contact information, and you agree to keep this information updated and current.

3.3. You agree to not share your Design Appeal password with others, give access to your Design Appeal account to others, or transfer your account to anyone else without our permission. If you think someone knows your account login details or has accessed your account without your permission, you should reset your password. You are solely responsible for the unauthorized use of your credentials. In the event of unauthorized access to your account, you must promptly notify Design Appeal.

5. License, Prohibitions and Restrictions

5.1. Design Appeal grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Design Appeal Consumer Services consistent with these Terms. You may not use the Design Appeal Consumer Services for any other purpose than as authorized. Design Appeal reserves all rights not expressly granted.

5.2. In connection with using or accessing Design Appeal Consumer Services or interacting with Design Appeal, you agree to comply with these Terms, in addition to any other applicable Design Appeal terms and policies that may apply to your use of specific Design Appeal Consumer Services, and to comply with all applicable laws, regulations and rules that apply to your use of Design Appeal Consumer Services.

5.3. In addition, you agree not to do (or help others to do) any of the following in connection with your use of Design Appeal Consumer Services:

• You will not purchase or attempt to purchase products and services that are unlawful for you to purchase in your country of residence using Design Appeal Consumer Services or that breach or circumvent any applicable laws or regulations, including products that require you to be an age that you have not reached.
• You will not infringe or violate someone else's rights under Design Appeal's terms and policies or applicable laws and regulations, including their intellectual property rights, or interfere with any person's use or enjoyment of the Design Appeal Consumer Services.
• You will not submit false, inaccurate, deceptive, or misleading information to Design Appeal or in connection with your use of the Design Appeal Consumer Services.
• You will not upload or transmit viruses or malicious code or take any action that would interfere with, disable, overburden, or impair the proper working, security, integrity, operation, appearance, or enjoyment of the Design Appeal Consumer Services.
• You will not compromise, interfere with, or circumvent any of the security features that are part of the Design Appeal Consumer Services.
• You will not modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the Design Appeal Consumer Services.
• You will not use any robot, spider, scraper, data gathering and extraction tools, automatic devices or processes, third-party AI tools or other automated or manual means to access the Design Appeal Consumer Services for any purpose, except with Design Appeal's prior express permission.
• You will not bypass any robot exclusion headers or other measures we employ to restrict access to the Design Appeal Consumer Services.

6. Reviews

6.1. We encourage you to post feedback and reviews about products you have purchased, which is an important part of the Design Appeal experience (collectively, "Product Reviews"). You agree that your reviews will be truthful, accurate and based on your actual experience with the product, will comply with our Product Review Policies and will comply with all applicable laws, regulations, and regulatory guidance, including the FTC Endorsement Guidelines. As a reminder, our Product Review Policies prohibit you from submitting reviews in exchange for money, discounts, free products or refunds.

6.2. You grant Design Appeal a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display your Product Reviews, name and/or username, comments you provide relating to products on Design Appeal Consumer Services, and related content in any media, without limitation. You waive, in favor of Design Appeal, any moral rights you may have in all works covered by this right.

6.3. This means, for example, your Product Review may appear publicly on Design Appeal. Use of your Review by a third party outside of Design Appeal is subject to that party's own terms and policies, not these Terms.

6.4. You agree that you will have no right to any payment or revenue participation from Design Appeal in connection with any such Product Reviews or other content that you post when using the Design Appeal Consumer Services.

6.5. Design Appeal does not verify Product Reviews for accuracy. Design Appeal has the right but not the obligation to monitor and remove any Review, activity, or content. You agree Design Appeal is not liable or responsible for any content posted by or on behalf of you or any third party.

7. Design Appeal Rights

7.1. Permission to update Design Appeal software: If you download or use Design Appeal's software, including the Design Appeal App, you give Design Appeal permission to download and install updates to the software where available, including on services where software may update automatically on your device when a new version or feature becomes available. You may adjust your automatic update settings on some devices.

7.2. Communications: To provide you with Design Appeal Consumer Services, Design Appeal may communicate with you via email, our messaging tools, or through text/short message service ("SMS") to the extent permitted by applicable law and/or consistent with your permissions. You're responsible for any mobile charges you may incur for using any of the SMS services, including text-messaging (e.g., SMS, MMS) and data charges.

7.3. Marketing and Advertising: In addition, Design Appeal may market, advertise, and promote Design Appeal Consumer Services or Merchants' products or services to you on and off Design Appeal, including on third-party services.

7.4. Access Third-Party Emails to provide Design Appeal Consumer Services: If you link your Design Appeal account with a third-party email service or third-party shopping platform for order tracking, you consent to give Design Appeal access to the contents of your emails and to your shopping history. Design Appeal only uses this information to provide Design Appeal Consumer Services to you, and does not use information obtained from third-party partners you integrate with Design Appeal to show or target advertising to you. You can revoke this consent at any time by de-linking these accounts in the Design Appeal App.

8. Account Suspension and Termination

9.1. Design Appeal retains the right to suspend or terminate your account and use of Design Appeal for any reason, including to investigate potential violations of these Terms.

9.2. If you do not agree with our current Terms, you may discontinue your use of Design Appeal at any time by closing all Design Appeal accounts, discontinuing your use of Design Appeal Consumer Services, and refraining from interacting with Design Appeal.

10. Limitation of Liability; Disclaimer of Warranties

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL DESIGN APPEAL, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE "DISCLAIMING ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION, LOSS OF INCOME, BUSINESS, PROFITS, GOODWILL, USE, DATA, SAVINGS OR OTHER PECUNIARY OR INTANGIBLE LOSSES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ANY OF THE DISCLAIMING ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER ALL CIRCUMSTANCES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE DISCLAIMING ENTITIES, INCLUDING DESIGN APPEAL, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ADVISORS, ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF OR WITH REGARD TO DESIGN APPEAL CONSUMER SERVICES, WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST 12 MONTHS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE INTEGRAL TO THE DESIGN APPEAL CONSUMER SERVICES AND AMOUNTS CHARGED BY THE DISCLAIMING ENTITIES FOR SERVICES AND THAT IF DISCLAIMING ENTITIES WERE TO ASSUME FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN, THE FEES WOULD OF NECESSITY BE SUBSTANTIALLY INCREASED.

Indemnification: You agree to indemnify, defend, and hold harmless Design Appeal and the disclaiming entities from all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys' fees, of any kind or nature arising out of or related to a claim (a) alleging that your use of Design Appeal Consumer Services infringes or violates the rights of a third party or violates applicable law; or (b) arising out of your breach of these Terms or the documents they incorporate by reference.

Use at Own Risk: Your use of the Design Appeal Consumer Services is at your sole risk. Design Appeal Consumer Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.

No Representation Regarding Merchant Products or Services: To the fullest extent permitted by law, Design Appeal and the disclaiming entities make no representation or warranty of any kind whatsoever for the Design Appeal Consumer Services, the content, materials, information, and/or functions available through Design Appeal Consumer Services, or for any breach of security associated with the transmission of information (including sensitive information) through Design Appeal Consumer Services.

Errors & Inaccuracies: Any reliance on the material or information made available through Design Appeal Consumer Services is at your own risk. We do not warrant that the Design Appeal Consumer Services will be uninterrupted, timely, secure or error-free, or that any errors will be corrected. We do not warrant that the result obtained from use of Design Appeal Consumer Services will be accurate or reliable.

11. Additional Provisions

Modifications to the Service: We may change, remove, or discontinue any part of the Design Appeal Consumer Services at any time.

Governing Law and Venue: For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Design Appeal Consumer Services, you agree that it will be resolved exclusively in the courts of the State of [Your State] following completion of the informal dispute resolution procedures outlined above. You also agree to submit to the personal jurisdiction of these courts for the purpose of litigating any such claim, and that the laws of the State of [Your State] will govern.

No Rights in Third Parties: Nothing expressed or referred to in these Terms will be construed to give any individual or entity other than the parties to these Terms any legal or equitable right, remedy or claim under or with respect to these Terms or any provision of this Agreement.

Assignment: You may not assign these Terms or any rights or obligations hereunder without our prior written approval and any such attempted assignment will be void. We reserve the right to freely assign these Terms and the rights and obligations hereunder, to any third party without notice or consent, including in connection with a merger, acquisition, or sale of assets by Design Appeal, by operation of law or otherwise. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

Severability: In the event that any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, and such determination will not affect the validity and enforceability of any other remaining provisions.

No Waiver: Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Entire Agreement: These Terms, the Consumer Privacy Policy, and the other policies or operating rules incorporated into these Terms or notified to you in respect to additional Design Appeal Consumer Services you use shall constitutes the entire agreement and understanding between you and us, and govern your use of the Design Appeal Consumer Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Reservation of Rights: We reserve all rights not expressly granted to you.

Contacting Us: If you have any questions about the Design Appeal Consumer Services or these Terms, please visit our support portal.

Survival: Upon termination of your use of Design Appeal or termination of these Terms for any reason, the following sections will survive termination: Preamble, Sections 4.3, 6.2, 10 (Limitation of Liability; Disclaimer of Warranties), 11 (Additional Provisions), 12 (Updating these Terms).

12. Updating these Terms

12.1. Design Appeal may need to update these Terms from time to time, and reserves the right to make such updates, so we encourage you to check them periodically for updates.

12.2. Design Appeal will provide you with reasonable advance notice of any changes that materially adversely affect your use of Design Appeal Consumer Services or your rights under the Terms by sending an email, providing notice through the Design Appeal Consumer Services, or by similar means consistent with requirements under applicable law. However, if Design Appeal needs to make changes to the Terms (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive, Design Appeal may make those changes with immediate and effect and without notice, even if those changes may materially affect your experience.

12.3. By continuing any access or use of the Design Appeal Consumer Services or interacting with Design Appeal after notice of any update to these Terms or after we post such updated Terms, you agree to be bound by the Terms, as amended.

12.4. If you do not agree to the amended Terms, your sole and exclusive remedy is to terminate your use of Design Appeal Consumer Services.

12.5. Any new features, services or tools which are added to Design Appeal Consumer Services will also be subject to these Terms, unless indicated otherwise.