Last updated: 29 September 2024
Welcome to Modeldraw, a UML Designer and Wireframe Designer web application ("Service" or "Modeldraw"). These Terms of Service ("Terms") govern your access to and use of Modeldraw and any related services provided by Atlantean IT, Ltd. ("Company," "we," "us," or "our"). By accessing or using Modeldraw, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
"User," "you," or "your" refers to any individual or entity that accesses or uses Modeldraw.
"Content" refers to any text, graphics, images, music, software, audio, video, information or other materials uploaded, downloaded or appearing on Modeldraw.
"User Content" refers to any Content that a User posts, uploads, publishes, submits or transmits to be made available through Modeldraw.
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on this page with a new effective date. Your continued use of Modeldraw after any such changes constitutes your acceptance of the new Terms.
To access certain features of Modeldraw, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding the password that you use to access Modeldraw and for any activities or actions under your password. You agree not to disclose your password to any third party and to immediately notify us of any unauthorized use of your account.
You agree not to:
Modeldraw and its original Content, features, and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use Modeldraw for your personal or internal business purposes.
You retain any copyright and other proprietary rights that you may hold in the User Content that you submit to Modeldraw. By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with providing and promoting Modeldraw.
Your use of Modeldraw is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
Modeldraw offers multiple service plans, including a free hosting plan and paid subscription plans. The features and limitations of each plan are described on our pricing page.
We offer a free hosting plan with limited features. Users on the free plan are not charged fees but are subject to all applicable terms and conditions in this agreement.
For paid subscription plans, fees are based on the number of users associated with your account. You agree to pay all fees associated with your chosen subscription plan as described on our pricing page or as otherwise communicated to you. Fees for paid plans are calculated and billed monthly in advance.
We reserve the right to change our service plans and subscription fees at any time. If we change our fees or significantly alter the features of a plan, we will provide notice of the change on the website or by email to you, at our option, at least 14 days before the change is to take effect. Your continued use of Modeldraw after the change becomes effective constitutes your agreement to the updated terms or fees.
For paid plans, we use Stripe as our payment processor to bill you through a payment account linked to your Modeldraw account. The processing of payments will be subject to the terms, conditions, and privacy policies of Stripe, in addition to these Terms. We are not responsible for any errors by the payment processor.
For paid subscription plans, your subscription will automatically renew at the end of each billing period unless you cancel your subscription or downgrade to the free plan. You authorize us to charge your payment method for the subscription fees associated with the renewal term. Initial subscription fees are due and payable immediately upon subscription creation.
Any changes to your subscription during a billing period, such as adding or removing users or changing plans, will be reflected in your next monthly invoice and will be prorated based on the time remaining in the current billing period. The updated charges or credits will be applied to your next billing cycle.
Any changes to your plan are only possible after 30 days from your last plan change. When downgrading from a paid plan to the free plan, your paid subscription will be cancelled immediately and you will receive a prorated refund for the unused portion of your current billing period. This refund will be reflected in a final invoice generated at the time of cancellation. Your account will be converted to the free plan immediately after the downgrade is processed. If you attempt to change your plan before the 30-day interval has elapsed, the change will not be possible and you will need to wait until the full 30-day period has passed.
Fees for paid plans are non-refundable except in cases of downgrades to the free plan (as described in section 7.8) or as required by law. While prorated adjustments for plan changes or user count modifications within paid plans will be reflected in your next invoice, no direct refunds will be issued for these mid-cycle changes. You may cancel or downgrade your paid subscription at any time, but if you remain on a paid plan, you will continue to have access to your current plan until the end of your current billing period.
For paid plans, you are responsible for paying all taxes associated with your use of Modeldraw, including any sales or use taxes. If we are required to collect or pay any taxes on your behalf, we will invoice you for such taxes, and you agree to pay them.
You may terminate your account at any time by following the instructions on Modeldraw or by contacting our customer support.
We reserve the right to suspend or terminate your access to Modeldraw, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.
Upon termination, your right to use Modeldraw will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
MODELDRAW IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE MODELDRAW.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of Modeldraw or your violation of these Terms.
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within [Your Jurisdiction] for the resolution of any disputes arising from these Terms or your use of Modeldraw.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
These Terms, our Privacy Policy, and any other legal notices published by us on Modeldraw constitute the entire agreement between you and the Company regarding Modeldraw and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.
If you have any questions about these Terms, please contact us at:
