Thanks for visiting Turn My Figma! Please read these Terms of Service (the "Terms") carefully. They govern your access to and use of services available at https://turnmyfigma.com (hereafter “the Site”) and any updates, upgrades, modified versions, extensions, improvements, and derivative works of the foregoing as well as the customer support services (collectively, the "Service").
This document shall serve as an agreement between Eclipse s.r.l. (hereafter “We”, “Us” our “Ours”) – with its legal office in “via San Pasquale, 36” Benevento, Italy, VAT n. IT01658470628 - and you (hereafter “You”, or “User” as applicable) which may be legally enforced against both parties.
"You" means the entity that you represent in accepting these Terms. If you are accessing the Service for personal use only (i.e. not in connection with any organization, business, or other legal entity), then all reference to "You" means you as an individual.
If you are accessing on behalf of a company, organization, or other entity, then You represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party you represent.
The Site offers two different services:
In the form case, the quotation is not legally binding until We confirm it after checking Your prototype and You accept our definitive quotation.
In the latter case, You purchase the Service on the Site and accept the terms of this Agreement.
The Maintenance Service is available only with a paid Subscription. Your Subscription Term begins once you purchase the Maintenance Service.
You will be billed in advance on a monthly basis.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless you want to cancel it.
You may cancel Your Subscription renewal by contacting the Company.
You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You are invoiced at the prices and the currency displayed on the Website. Please note that your payment is not refundable (read pt. 6.2 “Refunds”).
Prices and fees are not inclusive of the following taxes, which will be added as part of the total price buyers see before completing the check-out process: (a) European Union countries’ VAT (if applicable) and (b) any other transactional taxes we state on the site that will be added.
If We has the legal obligation to pay or collect Taxes for which you are responsible under this section, We will invoice you, and you will pay that amount unless you provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority.
You are responsible for the accuracy of any relevant information for tax purposes (including VIES registered VAT number and billing address).
We reserve the right to change our fees and institute new charges at anytime upon notice to you via email notice or posting of such notice on our website.
Despite our reasonable efforts, items and services may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and You must not use the Item.
Given the nature of the Service, we can’t does not issue refunds after the purchase is made. You are responsible for understanding this upon registering for our subscription.
You agree to indemnify, defend, and hold Us and our employees and suppliers harmless from and against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of our website and the use or the inability of use of any Service, Your failure to abide by any restriction regarding the use of the Service, or violation of any third party rights.
Except as provided in a non-excludable law, We shall not be liable to You or to any other person or entity for any general, punitive, special, direct, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of Your use of our Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO COMMITMENTS ABOUT THE CONTENT WITHIN THE PRODUCTS. WE FURTHER DISCLAIM ANY WARRANTY THAT (A) THE ITEMS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ITEMS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF THE ITEMS WILL MEET YOUR EXPECTATIONS; OR THAT (D) ANY ERRORS OR DEFECTS IN THE ITEMS WILL BE CORRECTED.
WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR ANY ACTIONS RESULTING FROM YOUR USE OF THE PRODUCTS. YOU MAY USE AND ACCESS THE ITEMS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE AND ACCESS OF ANY PRODUCTS.
The website may be linked to third-party websites which are not under the control of or maintained by Us.
You acknowledge that We are providing these links only as a convenience and that We are not responsible for the content of such sites. Your use of these other linked websites is at your own risk and subject to their own terms of use and privacy policies. You expressly release us from any and all liability arising from your use of any third-party website.
We acknowledge that any information we get pursuant to this Agreement, and which is anyway related to the Service we provide to you which is not the subject of general public knowledge (including, without limitation, proprietary processes, technical information and know-how, intellectual property, products management policies, economic policies, marketing plans, financial and other data, computer software and the like) shall be deemed Confidential Information. We shall use Confidential Information solely in connection with the performance of Our responsibilities under this Agreement. We shall not disclose any Confidential Information to any person, company or other entity without your express written permission, except as required by law.
We remain the sole owner of all rights, title, and interest in the Services, Softwares and Items. We reserve all rights not granted under these terms.
“Turnmyfigma.io, logos and trademarks related to our Services are our trademarks. You may not copy, imitate or use them without our prior written consent. All right, title and interest in and to the Site, any content thereon is the exclusive property of Eclipse, except for some third party photos and images that may be used with a regular license.
Photos, images and videos used in the Site are purely for demonstration or promoting purposes and are not included in the purchases. They’re licensed on the basis of editorial use only.
Our Privacy and Cookie Policy apply to the use of the Services and its terms are made a part of the Terms of Use by this reference. You understand and agree that by using the Services you consent to the collection and use of your Personal Information and aggregate data as set forth in our Privacy and Cookie policy.
We may revise these Terms from time to time to better reflect:
(a) changes to the law,
(b) new regulatory requirements, or
(c) improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided. Our address for such notices is eclipse.srl@pec.it.
If We are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service by consumers based in the European Union or Norway, Iceland, and Liechtenstein will be solved through the On Line Dispute Resolution service provided by the European Union on the following link http://ec.europa.eu/odr.
All claims arising from use of the Service by consumers based outside the European Union are subjected to the jurisdiction of the Italian courts in Benevento.
In some jurisdictions there may be consumer or fair trading laws that apply and that may give You rights that we cannot exclude, restrict or modify (‘non-excludable law’). Except as provided in a non-excludable law, we are bound only by the express promises made in these user terms and we are not bound by implied terms.