The terms “we”, “us”, “our” and “Design Appy” refers to Interior DesignWorks Inc. The term “Site” refers to designappy.com. The terms “user,” “you” and “your” refers to site visitors, customers and any and all other users of the site (individually and collectively “Users”).
USE OF THE SITE + SERVICE
Information provided on the Site and in the Service is subject to change without notice. Interior DesignWorks Inc makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Interior DesignWorks disclaims all liability for any inaccuracy, error and/or incompleteness in the Content.
In order to use the Service, you are required to provide information about yourself including your name, email address, username, password and other personal information. You agree that any registration information you give to Design Appy will always be accurate, correct and up to date. You may not impersonate someone else or provide account information or an email address other than your own. Your account may not be used for any illegal or unauthorized purpose. You may not, in the use of the Site and Service violate any laws in your jurisdiction. Design Appy reserves the right to refuse service based on your provision of inaccurate account information.
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site and Service, violate any laws in your jurisdiction.
You will be responsible for any activity conducted under your account.
You shall not post or transmit through the Site any material which violates or infringes the rights of third parties, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
Interior DesignWorks Inc. and Design Appy reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so.
MONTH-TO-MONTH PAYING MEMBERS
If you have signed up for a month-to-month Design Appy subscription, the subscription renews automatically through the Apple App Store.
ANNUAL PAYING MEMBERS
If you have signed up for a month-to-month Design Appy subscription, the subscription renews automatically through the Apple App Store.
Subscriptions created will not automatically cancel. You must cancel your subscription before the following billing cycle
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listed.
SUBMISSION OF USER-GENERATED CONTENT
You shall not upload, post or otherwise make available on the Site any artwork, photos or any other content (individually and collectively “User-Generated Content”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any User-Generated Content is not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Jasmine Star from any claim against Interior DesignWorks Inc. resulting from your posting of User-Generated Content to the Site. For all User-Generated Content submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the User-Generated Content, and that the use or display of the User-Generated Content will not violate any laws, rules, regulations or rights of third parties.
If you submit User-Generated Content to us, intentionally or unintentionally, we shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content.
OUR INTELLECTUAL PROPERTY
All content provided on the Site and in the Service, including all products and all online materials and App Screens Items are the intellectual property of Interior DesignWorks Inc.. The content of the Site and Service are protected by United States copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part, without our prior written consent.
DISCLAIMER OF WARRANTIES – WAIVER AND RELEASE
The content on the Site and the Service is provided “AS IS” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in any content (including, without limitation, User-Generated Content) will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the Site including, without limitation, any third party site or service linked to from the Site.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the Site or third party information, content or materials contained on our Site. We do not endorse any of the products, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the Site (including, without limitation, User-Generated Content), on third party websites, and any information, content and materials you provide to or through any such third party websites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
LIMITATION OF LIABILITY
You agree that under no circumstances (including negligence) shall Maria Martin, Interior DesignWorks Inc.or the Indemnified Parties be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of or in connection with: (i) your use of, or any inability to use, the Site, Service or any content or functions thereof; (ii) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, line or system failure or any incompatibility between the Site and any site, service, software or hardware; (iii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iv) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Interior DesignWorks Inc. or the Indemnified Parties has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Design Appy or the Indemnified Parties’ total liability to you for all loss, cost, damage, liability or expense (including attorneys’ fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the total purchase price of the Service you have purchased from Interior DesignWorks Inc., and if no purchase has been made by you Interior DesignWorks Inc. and the Indemnified Parties’ total liability to you shall not exceed $1.00.
You agree that under no circumstances shall we or the Indemnified Parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, Acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by Design Appy shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Design Appy.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: DesignAppy.com, 2121 Lohmans Crossing Rd., Ste 504-118, Lakeway Texas 78734
GOVERNING LAW, VENUE AND MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Travis County, TX. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other reasonable costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we have taken every effort to ensure that we accurately represent our program. By purchasing any product produced by Design Appy, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation. You also understand that any testimonials or endorsements by our customers or audience represented on, including but not limited to, our Site, Service, programs, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and/or any third parties, and the results experienced by individuals may vary significantly. Any statements outlined on, including but not limited to, our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by other businesses, including Facebook, nor have they been reviewed tested or certified by other businesses, including Facebook.
OUR MINIMUM GUARANTEES
All use and pricing through the App Store is collected and billed by Apple.
These are Apples terms:
A. INTRODUCTION TO OUR SERVICES
This Agreement governs your use of Apple’s services (“Services”), through which you can buy, get, license, rent or subscribe to media, apps (“Apps”), and other in-app services (“Content”). Our Services are: iTunes Store, App Store, Apple Books, Apple Music, and Apple News. Our Services are available for your use in your country of residence (“Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.
B. USING OUR SERVICES
PAYMENTS, TAXES, AND REFUNDS
You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Apple, and/or you and the entity providing the Content on our Services. However, if you are a customer of Apple Distribution International and you acquire an App or a book, Apple Distribution International is the merchant of record; this means that you acquire the Content from Apple Distribution International, and it is licensed by the App Provider (as defined below) or book publisher. When you make your first Transaction, we will ask you to choose how frequently we should ask for your password for future Transactions. If you enable Touch ID for Transactions, we will ask you to authenticate all Transactions with your fingerprint, and if you enable Face ID for Transactions, we will ask you to authenticate all Transactions using facial recognition. Manage your password settings at any time by following these instructions:
Apple will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country) for any paid Transactions, including any applicable taxes. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. If you pre-order Content, you will be charged when the Content is delivered to you (unless you cancel prior to the Content’s availability). In accordance with local law, Apple may update information regarding your payment method if provided such information by your financial institution. For details about how Transactions are billed, please visit http://support.apple.com/kb/HT5582. All Transactions are final. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by Apple. From time to time, Apple may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles Apple to a corresponding counterclaim. Terms related to Store Credit and gift cards/codes are available here: https://www.apple.com/legal/internet-services/itunes/giftcards/.
How to cancel your subscription through Apple for Design Appy:
Here at Design Appy, we believe that the designer owns their ideas and images that they conceive. We do not have access to the user of the apps images and the information is saved onto their individual device. However we recommend an additional saving of the image and work is saved outside of the app and the iPad. Images used outside of the app are yours. The capacity for Design Appy, to save, service and maintain the images is our ownership and will not be able to guarantee the ultimate responsibilty for any images created in the app. For that reason we maintain the ownership of the images in the app so that we can change grow and update our app with the freedom of having the images and information while it is housed in the application. This includes the possession of images that are in a format that is removed when the app is removed from your device. We cannot control how you intend to use your information but we are very clear that the technology that houses it is not perfect, could have bugs, failures or is unable to find something that was saved within it. For that reason anything housed in the saving of the app we maintain ownership of until you save it elsewhere.
Design Appy does not take measurements, it uses a series of scaled drawings that are approximately scaled in the program to show design Intent. If these are to represent actual spaces the user should measure the space and evaluate if the materials, sizes and finishes are appropriate for the space. The tile Drawing is using straight lines and most construction spaces do not have straight lines, level ceilings, and exact measurements.
User acknowledges all Content, including but not limited to, images, graphics, logos, icons, text, captions, audio and video clips, digital downloads, data compilations, and software (individually and collectively “Content”), contained on DesignAppy.com (the “Site”) or Design Appy (“The App”) is the sole and exclusive property of Interior DesignWorks Inc., or the property of our licensors or licensees, and the compilation of the Content on the Site is the sole and exclusive property of InteriorDesignWorks Inc, protected by United States copyright law.
User may not edit, alter and/or manipulate images, including but not limited to, content containing profanity, sexually explicit material, unlawful material, hate speech or any other offensive material.
By becoming a User you acknowledge your subscription is a non-exclusive limited use license of all Content provided by Design Appy. As a User you may use the App for professional use in the normal course of your business and for personal use.
Design Appy does NOT measure materials for order. It does not guarantee any quantities of material, All quantities must be verified by your Designer Architect, or contractor.- We will not be held responsible for discrepancies. Please use industry standards for discrepancies and overages needed for installation of materials.
Design Appy creates elevations to show design intent for spaces with line drawings and materials. The features of the App allow the User to review measurement and adjust sizes of items in the App. Due to user involvement in sizes not all products will be purchasable at sizes shown in the app. Please review the available products sizes to determine the items used and measurements in the App.
This App does not sell product. This is a simple drafting tool.