Welcome to Mydoma Studio, a project management site for interior designers which is owned and operated by Mydoma Inc (“Mydoma”/MYDOMA”/”we”/”us”/”our”). The following describes the terms and conditions on which you may access the Mydoma website located at https://www.mydomastudio.com/ (the “Website”) together with a variety of services which include the ability for designers to offer digital products and services to consumers through the Website (collectively the “Services”).
IF YOU ARE AN AGENT OR EMPLOYEE OF A DESIGNER YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER.
2. Service Terms
PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE DESIGNERS MANAGING PROJECTS AND PROVIDING SERVICES AND PRODUCTS TO CUSTOMERS DIRECTLY WITH EACH OTHER. MYDOMA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROJECT OR LISTED PRODUCT OR SERVICE OFFERED BY DESIGNERS ON THE WEBSITE OR THROUGH THE SERVICES NOR DOES MYDOMA MAKE ANY REPRESENTATIONS OR WARRANTIES IN RELATION TO THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROJECTS, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE. MYDOMA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PROJECTS, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE BY THIRD PARTIES, AND ANY CONTRACT FOR SERVICES OR PRODUCTS (INCLUDING DIGITAL PRODUCTS) WILL BE MADE OR ACCEPTED AT THE USER’S OWN RISK.
3. Personal Information
3. Marketplace Terms
If you are registered as a designer on the Website, you may create Merchant Offerings for digital products or services to offer directly to other users of the Website (“Merchant Offerings”). To create a Merchant Offering, you are responsible for creating, pricing, uploading and managing digital content as per the Mydoma website. Merchant Offerings will be made publicly available via the Website. Other users will be able to purchase Merchant Offerings based upon the information provided in your Merchant Offering. You understand and agree the information provided in a Merchant Offering must be accurate and you must honour the pricing indicated for the Merchant Offering.
You acknowledge and agree that you are solely responsible for any and all Merchant Offerings and content you post through the Services and on the Website. Accordingly, you represent and warrant that any Merchant Offering you post and the permitted use of the same by a customer will not breach any third party intellectual property rights or be in breach of any agreements you have entered into with any third parties and that your Merchant Offerings will be in compliance with applicable laws. Mydoma reserves the right, at any time and without prior notice, to remove or disable access to any Merchant Offering for any reason, including Merchant Offerings that Mydoma, in its sole discretion, considers to be objectionable for any reason or in violation of these Terms.
Mydoma recommends that designers offering Merchant Offerings through the Website obtain and maintain appropriate insurance to cover any potential liability to customers in respect of Merchant Offerings.
No Endorsement. Mydoma does not endorse any services offered by members or any Merchant Offerings. You are required by these Terms to provide accurate information, and although Mydoma may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or any user’s purported identity, background or design credentials. Mydoma is not responsible for any damage or harm resulting from your interactions with other users.
Merchant Offering Costs. Designer is responsible for advertising the total amount to charge end users for a Merchant Offering, which should include the retail price of the item and all relevant taxes.
Redeem Process. When an end user purchases a Merchant Offering, the end user must be charged and pay for the applicable Merchant Offering through the Mydoma payment processor. Mydoma will retain the applicable transaction fee and the balance of the payment will be remitted to you, the designer.
Taxes. If you offer any chargeable products or services through the Website, you understand and agree that you are solely responsible for determining (i) your applicable tax reporting requirements, and (ii) the taxes that should be included, and for including taxes to be collected or obligations relating to applicable taxes in Merchant Offerings. You are also solely responsible for remitting to the relevant authority any taxes included or received by you. Mydoma cannot and does not offer tax-related advice.
Returns/Refunds. In the event that a designer has to reimburse or refund a user for the purchase of a Merchant Offering, Mydoma shall be entitled to retain the transaction fee and the designer will have to reimburse the user for the full value of the purchase.
Payment Processing Errors. We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Customer Service & Technical Support. Designer will be responsible for order fulfillment directly with users as well as providing information reasonably requested by Mydoma in relation to Merchant Offering and your content. You shall provide all post-transaction customer support including accepting returns and answering inquiries from users. In the event of a dispute or complaint raised by a user with an order or Merchant Offering, it is your responsibility to resolve the dispute in a commercially reasonable manner with that user.
User Content. You are solely responsible for all content provided, uploaded or otherwise made available through the Website or Services, including the accuracy, quality, integrity and legality of such content, the means by which you acquire, use and transfer the content, the means by which you upload the content onto the Website, and making and keeping backup copies of content. You represent and warrant that (i) the use, public display, public performance, reproduction, distribution, or modification of content does not and will not violate or infringe the proprietary rights of any third party including, but not limited to, copyrights, trade secrets, trademarks, patents, moral rights, rights of publicity, or privacy, and (ii) you will not upload, record, publish, post, link to or otherwise use, transmit or distribute content that: (1) advocates, promotes, incites, instructs assists or otherwise encourages violence or any illegal activities; (2) is materially false, misleading, or inaccurate; (3) promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, hateful, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (4) constitutes fraud, misrepresentation or unlawful business practices; or (5) otherwise violates any law, statute, ordinance, or regulation, including without limitation the laws and regulations governing data protection or privacy. For greater certainty, Mydoma has the right, but not the obligation, to monitor content and to remove any content from the Website including any Merchant Offering which breaches the terms of this Agreement and to report any violation as Mydoma considers appropriate to the applicable authorities.
4. General Use of the Services
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. For your protection and the protection of MYDOMA’s other customers and users of the Services, You agree not to share your registration information (including password, user name, screen name, etc.) with anyone for the purpose of facilitating their access and unauthorized use of the Services. You alone are responsible for all transactions, messages posted, statements made, or acts or omissions that occur within any Services through the use of your registration information. If You become aware of any unauthorized use of your password or of your account, You agree to immediately notify MYDOMA via email (email@example.com). MYDOMA is not responsible for any losses arising out of the unauthorized use of your password or account.
As a condition of being granted access to the Website and our Services YOU AGREE NOT TO:
- Misuse our Services by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful and would affect the enjoyment or use of the Website, software and/or Services.
- Save, capture, download, upload, print or otherwise keep information and/or content available on the site, other than what is already expressly allowed by these Terms.
- Share registration information (including, but not limited to: password, user name, screen names, etc.), permit or provide third party access to your account or MYDOMA Services.
- Copy, modify, redistribute, republish, alter, license, transfer or adapt any of the information, text, graphics, source code, or other content available on the Website.
- Licence, lease, assign, remove or in any way try to modify any intellectual property or other proprietary content from the Mydoma or available on through Mydoma’s Services.
- Attempt to gain unauthorized access to the Website, the server on which Website is stored or any server, computer or database connected to the Website for any purposes.
- Attack the Website, software including via a denial-of-service attack or a distributed denial-of service attack.
- Use the Website to entreat upon, modify, use unauthorized, exploit or infringe a third party’s intellectual property, personality, publicity or confidentiality rights.
- Exploit the Website, software and/or Services in any other unauthorized way whatsoever (including, but not limited to, by trespass or burdening network capacity).
- Misrepresent yourself (i.e., identity or personal information, etc.) when accessing or using the Website.
- Post obscene, harassing, defamatory, violent, pornographic, threatening, objectionable or illegal material on the Website; the assessment of which is at the sole discretion of the MYDOMA.
- Advertise or in any other way solicit funds, products or services on the Website, other than what is already expressly allowed by these Terms.
You agree that you are solely responsible for any breach of its obligations under the Terms and for all consequences (including any loss or damage which Mydoma Studio may suffer) of any such breach; and MYDOMA has no responsibility to you or to any third party for any consequences arising from any such breach by you (or any other user). We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or the Website.
MYDOMA has the sole and absolute discretion to cancel user accounts and terminate access to the Website, software and/or Services, without any advance notice if inappropriate behaviour is deemed to have occurred.
5. Liability Terms
DISCLAIMERS. THE CONTENT, INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE BY MYDOMA ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT FOR ANY EXPRESS WARRANTIES GIVEN IN RELATION TO GOODS SOLD ON THE WEBSITE, WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY MYDOMA MERCHANT THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. NO THIRD PARTY IS ENTITLED TO MAKE ANY MODIFICATIONS EXTENSIONS OR ADDITIONS TO WARRANTIES PROVIDED BY MYDOMA. ANY WARRANTIES FOR DIGITAL PRODUCTS AND/OR SERVICES OFFERED BY MYDOMA MERCHANTS ARE AS DESCRIBED IN THE MARKETPLACE TERMS AND SUCH WARRANTIES ARE OFFERED BY THE APPLICABLE DESIGNER, NOT MYDOMA.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL MYDOMA BE LIABLE FOR ANY DAMAGES INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, EVEN IF MYDOMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD MYDOMA AND ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Release. Because Mydoma does not control third party payment processing companies or merchants, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and organizers and creators or hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, now and in the future, arising out of or in any way connected with your use of the Website.
6. Fees Renewal and Refund Policies; Trials
Monthly membership of the MYDOMA Software and Services is granted to users on a subscription basis. Monthly or yearly membership fees for the use of the service are subject to the useage plan selected by youas advertised publicly on the pricing page at https://www.mydomastudio.com/pricing
MYDOMA may implement or adjust monthly user fees for continued use of the Site, Software and/or Services at any time and for any reason. MYDOMA will give users at least (30) days notice regarding pricing changes. MYDOMA may terminate the membership and these Terms if is it unable to renew the membership due to out-dated or inaccurate credit information or registration information. Right of access is effective only upon receipt of payment of the membership fees.
Free trial plans may be provided to give a usr temporary use of the software to trial the Services. During this period, limitations may be placed on features and/or storage space requirements. MYDOMA reserves the rights to change the features and storage requirements associated with free trial accounts at any time for any reason. MYDOMA may offer a referral program for free trial users to receive free projects. Trial accounts and referral projects may may also be terminated at the decision of MYDOMA if MYDOMA believes the account is not acting in the best interest of the of the company.
MYDOMA provides the USER with the option to use a payment processing tool through a third party integration. MYDOMA is responsible for paying the associated credit card processing fees outlined on MYDOMA’s site. USER is also subject to an additional convenience fee by MYDOMA for integrating the payment processing tool. Fees are subject to change with or without notice. Credit card processing fees are non-refundable.
MYDOMA offers a 30-day money-back guarantee on all Mydoma Studio subscription plans. For any reason you are not completely satisfied with your purchase of Mydoma Studio software, you may contact MYDOMA by emailing firstname.lastname@example.org within 30 days of your purchase to request a full refund by providing the following:
- Name, email address and company under which the purchase was made; and
- Date of purchase
Upon receipt of all of the above information, we will refund 100% of your purchase price by crediting the credit card account used for the original purchase.
MYDOMA reserves the right to limit returns.
7. Links to Other Websites
If at any point such third party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third party services without entitling you to a refund, credit or other compensation. Your only recourse shall be to stop using Mydoma Studio and the Services provided by MYDOMA. In addition, the USER authorizes MYDOMA to do so, MYDOMA may grant third parties access to some or all (depending on the permission the USER gives) of the USER’s private data, content and information through our own API for use in connection with their services.
USER acknowledges that such sites and services are completely independent of Mydoma Studio and MYDOMA has control over them, MYDOMA accepts no liability in respect of the USERS use, ability or inability to use them or any of the content of such sites.
USER acknowledge that any use of the products and services offered by such third party services providers (eg. for the purposes of payment processing) will be at the sole risk of the USER. USER acknowledges that use of such third party service providers and their websites and services is, except where prohibited or modified by applicable law, subject to the terms, conditions and policies established by the third party service providers. USER expressly holds the MYDOMA harmless and hereby releases MYDOMA from any liability whatsoever whether arising out of contract, tort or otherwise for and from any Claims arising out of your use of, or inability to use, the products and services of third party service providers whether or not such use is ancillary to the USER’S use of Mydoma Studio.
MYDOMA provides Third Party links and content for the sole purposes of information. Use of the contents does not constitute an endorsement or a recommendation of the content or of the Third Party.
8. Intellectual Property
All content on the Website is the exclusive property of MYDOMA, its content suppliers or other third parties and is protected by Canadian and International copyright laws. Except as is expressly permitted by these Terms, any use of the Website, software and/or Services content, including reproduction (whether by copying, caching, framing or similar means), modification, distribution, transmission, republication, display or performance, or replication, without the prior written permission of MYDOMA is strictly prohibited.
“MYDOMA” and all other trademarks designated on the Site, Software and/or Services by the use of *, ®, ℠, or ™ are trademarks of Mydoma Studio and all other products, brands, company names and logos and trademarks displayed on the Site, Software and/or Services or used in connection with the products and/or services displayed or referred to on the Site, Software and/or Services are the trademarks of Mydoma Studio and/or its suppliers or third party licensors. Any use of any of such names, logos or marks that appear on the Site, Software and/or Services without the express written consent of Mydoma Studio and/or the Third Party Mydoma’s of the trade-mark, as applicable, is strictly prohibited.
Design work created by the user remains the property of that user and/or designer. MYDOMA agrees not to reproduce, duplicate, copy, modify, sell, lease, rent, trade, distribute or resell the user’s work or services for any purpose, or create any derivative works based on the user’s work or services in any manner without that user’s permission.
Reservation of Rights. Except for the rights and licenses granted in this Agreement (and except for user content and Merchant Offerings), Mydoma owns and shall retain all right, title and interest (including without limitation all patent rights, copyrights, trademark rights, trade secret rights and all other intellectual property rights therein) in and to the Website, and any other materials provided or made available by Mydoma. Mydoma grants Designer no further licenses of any kind hereunder, whether by implication, estoppel or otherwise. You acknowledge that only Mydoma shall have the right to maintain, enhance or otherwise modify the Website.
Suggestions. Mydoma shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual, unrestricted license to use and/or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Website or the services provided through the Website.
9. Data Fair Usage Policy
Given the rate at which most of our customers consume data, you are unlikely to exceed the data usage levels specified in this policy. Our data fair usage is 3 gigabytes per design studio.To help manage your data usage, we will email you prior to you hitting the storage cap on your account. Should you require more storage, additional fees may be billed for the extra storage requirements.
10. Governing Law
This Agreement is governed in accordance with the laws of province of Ontario, Canada. Where possible, disputes shall be resolved through binding arbitration in Ottawa, Ontario and shall be conducted as agreed upon or permitted by the Arbitrator. Costs of Arbitration shall be born equally by both parties, but each party would be responsible for their own expenses and attorney’s fees related thereto. All disputes between you and MYDOMA, if not resolved through binding Arbitration shall be finally resolved in accordance with the laws of the province of Ontario.
MYDOMA may alter, suspend, or discontinue this Website or goods sold on this Website may be changed by the relevant merchant at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. In addition, MYDOMA may periodically modify the Terms of this agreement. Any changes are considered to be effective immediately. Notice may or may not be given to you via email, a posting on the Website or through other means. The date on which these Terms were last updated is set out at the bottom of this document. It is your responsibility to check the Website periodically for changes. Continued use of the Website will be deemed irrefutable acceptance and agreement to any modifications. You should visit this page periodically to review these Terms.
If you ds not agree to the modified Terms of this Agreement, MYDOMA does not provide you with continued authority to access the Website, software and/or Services.
12. Independent Contractors.
Nothing in this Agreement will be construed as creating a relationship of employer and employee, principal and agent, partnership or joint venture between the Parties. Each Party will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other Party except as may be expressly provided herein. This Agreement will be binding and have effect upon the Parties and their respective successors and permitted assigns. Nothing herein, express or implied, is intended to confer upon any person, other than the Parties and their respective successors and permitted assigns, any rights, remedies, obligations or liabilities under this Agreement.
Last Updated: November 9, 2015