Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://designmodo.com/ website (the “Service”) operated by Designmodo Inc. (“Designmodo”, “we”, “us”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
1. Definitions
In these Terms, the following capitalized terms have the meanings set forth below:
- “Affiliate” means any entity that Controls, is Controlled by, or is under common Control with Designmodo.
- “API” means any application programming interface, webhooks, embed code, or other integration mechanism we expose.
- “Acceptable Use Policy” or “AUP” means the restrictions in Section 4.3.
- “Account” means your personal profile created upon registration, including your credentials and any associated data.
- “Confidential Information” has the meaning in Section 16.
- “Free Plan” means our no-charge, limited feature plan as set out in Section 4.
- “Gallery Templates” means ready-made HTML/CSS templates available for download from our gallery.
- “Paid Plan” means any subscription plan for which you pay fees.
- “Professional Services” means consulting, custom design, or other services performed under a separate statement of work.
- “Resultant Data” has the meaning in Section 20.
- “Service Levels” has the meaning in Section 7.
- “Subcontractor” means any third party engaged by Designmodo to help deliver the Service.
- “Term” has the meaning in Section 12.
2. Content
The information, text, graphics, videos, or other material (“Content”) on this website is for general information and use only and is subject to change without notice.
The accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose is not guaranteed.
You acknowledge that such information and materials may contain errors or inaccuracies and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any information available through this website meets your specific requirements.
2.1 Types of Content
- Functional Content – interface elements, navigation menus, content tags, transactional content, etc.
- Authored Content – content posted by partners, authors or registered users under contract.
- User Content – any data you store or post that is not under contract.
- Public Content – comments you post publicly.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that:
(i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms; and
(ii) the posting of your Content on or through the Service does not violate any rights of any person or entity.
We reserve the right to terminate the account of anyone infringing copyright, promoting hate speech, or violating these Terms. You retain all rights to your Content, and by posting it you grant us a worldwide, royalty-free license to use, modify, display, and distribute it on and through the Service.
Designmodo has the right but not the obligation to monitor and edit all User Content. All other Content is our property or used with permission—you may not distribute, modify, transmit, reuse, download, repost, copy, or use it for commercial purposes without our express advance written permission.
3. Communications
You may communicate with us via:
- E-mail: [email protected] (general inquiries) or [email protected] (privacy requests)
- Contact Forms: on our website
- Support Chat: within the Service
If you contact us without an Account, we will use your information to respond. We may send:
- Transactional Messages: opt-ins/outs, account changes, downloads, data requests
- Service Bulletins: non-marketing updates to Terms, Privacy Policy, etc.
- Product Bulletins: security notifications, product updates, patches
To stop non-transactional communications, use the unsubscribe link or email [email protected].
4. Free Plan, Licensing & Acceptable Use
4.1 Free Plan
- Templates under the Free Plan are for personal, non-commercial use only.
- A footer badge linking to Designmodo must remain unaltered in all Free Plan templates.
- Any attempt to remove, hide, alter, or obfuscate this badge is strictly prohibited.
- The badge is removed automatically once you upgrade to a Paid Plan.
4.2 Gallery Templates & Commercial Use
- Gallery Templates may only be used commercially by Paid Plan subscribers.
- “Commercial use” permits use in personal and client projects. However, the templates may not be resold, redistributed (whether for free or for payment), or incorporated into any products, services, platforms, or content/design generators.
- Any commercial use while on the Free Plan is forbidden.
4.3 Acceptable Use Policy
You agree not to use the Service to:
- Send spam (as defined by Spamhaus).
- Distribute threats of violence or hateful/discriminatory content.
- Distribute obscene, defamatory, or unlawful material.
- Introduce malware, ransomware, or other harmful code.
- Reverse-engineer, decompile, or access proprietary source code.
- Infringe third-party intellectual property or privacy rights.
Violations may result in immediate suspension or termination of your Account.
5. Purchases & Fees
If you purchase any product or service through the Service, you may be asked to supply billing and shipping information. You represent that all information is true, correct, and you have the right to use the chosen payment method.
We may refuse or cancel orders for availability, pricing errors, fraud suspicion, or other reasons.
Pricing Changes: We may change subscription fees or introduce new Paid Plans by posting updated pricing on our Website or emailing you at least thirty (30) days before the new rates apply.
6. Returns & Refunds
We offer a 30-day money-back guarantee for Paid Plan subscriptions if, within 30 days of the initial payment:
- No free/premium templates or features have been used, exported, or created;
- You are not in breach of these Terms.
Refunds will be issued to the original payment method.
7. Service Levels & Support
- Uptime SLA: We aim for 99% yearly availability (“Service Levels”), excluding Scheduled Downtime and force majeure events.
- Scheduled Downtime: We will give at least five (5) days’ notice for planned maintenance.
- Standard Support: All Paid Plan customers receive email support via helpdesk.
8. Subcontractors
Designmodo may engage Subcontractors (e.g. hosting providers, CDNs) to deliver parts of the Service.
9. APIs, Integrations & Plugins
- If you use our APIs or embed code, you must comply with any third-party terms those integrations require.
- Section 7’s SLA does not apply to external services.
- Plugin Embedding: You may embed our templates or editor in your own application for your own end-users only—you may not resell or sublicense our code or templates to third parties.
10. Professional Services
If you engage Designmodo for Professional Services (e.g. custom design):
- Work is scoped and priced via a Statement of Work (SOW).
- Unless otherwise agreed, Designmodo retains IP in deliverables; you grant us a license to any pre-existing IP you provide.
11. Third-Party Assets & Creative Commons
Our gallery may include assets licensed from third parties (e.g. Creative Commons). We disclaim ownership of these assets; you must comply with any external license terms when using them.
12. Term, Renewal & Termination
- Term: Your initial subscription runs from the effective date through the chosen billing period.
- Renewal: Subscriptions auto-renew unless canceled before the next billing date.
- Termination for Breach: We may terminate immediately for AUP or other material breaches.
- Effect of Termination: You lose Paid Plan features and access to protected data; unpaid fees remain due.
13. User Data Rights (GDPR & CCPA)
You may, in English, request at any time:
- A copy of your personal data.
- Correction or update of your data.
- Deletion of your data (“right to be forgotten”).
- Restriction of processing.
Submit requests to [email protected]. We will respond within applicable legal timeframes.
14. Indemnification
You agree to defend, indemnify and hold harmless Designmodo and its Affiliates, employees, contractors, and licensors from any claims, liabilities, losses, or expenses (including attorneys’ fees) arising from:
- Your use or misuse of the Service;
- Any breach of these Terms;
- Your violation of any rights of third parties or applicable laws.
15. Limitation of Liability
To the fullest extent permitted by law, neither Designmodo nor its directors, employees, partners, agents, suppliers, or affiliates will be liable for any indirect, incidental, special, consequential or punitive damages. Our aggregate liability for any claim arising out of or relating to these Terms or the Service shall not exceed the total fees you have paid in the 12 months preceding the event giving rise to liability.
16. Confidentiality
“Confidential Information” means non-public business or technical information disclosed hereunder. Each party must:
- Use it only to perform under these Terms.
- Protect it with at least the same care as its own confidential data.
- Not disclose it except as required by law or to advisors under NDA.
17. Force Majeure
Neither party is liable for delays or failures due to events beyond reasonable control, including but not limited to: natural disasters, war, terrorism, strikes, cyber-attacks, telecommunications outages, government actions, or pandemics.
18. Assignment
You may not assign or delegate these Terms without our written consent. We may assign to an Affiliate or successor without notice.
19. Taxes
All fees are exclusive of taxes. You are responsible for sales, use, VAT, or other indirect taxes, unless otherwise required by law.
20. Ownership of Resultant Data
We may collect anonymized, aggregated usage data (“Resultant Data”) that does not identify you. We own all Resultant Data and may use it to improve our Service.
21. Beta Programs
Any alpha or beta features you access are for evaluation only, provided “as-is,” without SLA or warranty, and may be discontinued at any time.
22. Artificial Intelligence Features
If we offer AI-powered tools:
- Input (data you supply) and Output (generated results) are your responsibility; do not submit sensitive or regulated personal data.
- Output may be inaccurate; you must verify before use.
- AI features are provided “as-is” without warranty, and usage may be subject to third-party provider terms.
23. AI and Machine Learning Restrictions
23.1 Prohibition on Use for AI Training
You are strictly prohibited from using any content, tools, or outputs provided by Designmodo (the “Service”), including but not limited to:
- Email templates and website templates
- Visual and functional elements from our design and code libraries
- Builder-generated HTML/CSS/JS or other code
- Screenshots, exports, or renders from our builders
- UI components, layouts, typography, and styles
- Any other proprietary material accessible through the Service
for the purpose of training, fine-tuning, benchmarking, or otherwise developing any artificial intelligence systems, machine learning models, large language models (LLMs), generative models, or similar technologies.
23.2 No Data Contribution or Indexing
You may not upload, scrape, index, reproduce, or otherwise make available any part of the Service or its outputs for inclusion in datasets used to train or inform AI/LLMs, whether public or private, commercial or non-commercial, open-source or proprietary.
23.3 Intellectual Property Protections
All content and outputs provided by Designmodo, including those created using our email and website builders, remain the intellectual property of Designmodo or its licensors. Unauthorized use – including for AI training – constitutes a violation of our IP rights and may result in legal action. This includes infringement on copyright, trade dress, and proprietary trade secrets.
23.4 Enforcement and Remedies
Violations of this clause may result in immediate termination of your account, suspension of access, and potential legal liability. Designmodo reserves the right to pursue injunctive relief, monetary damages, and other remedies available under applicable law.
24. U.S. Government & Export Controls
- The Service and documentation are licensed as “Commercial Computer Software” under 48 C.F.R. §2.101.
- We comply with U.S. export controls and sanctions. We may refuse service or payments from sanctioned jurisdictions beyond Russia/Belarus as required by law.
25. Notices & Official Languages
- Notices to You: Email or postal mail to the address on file; effective upon receipt.
- Notices to Us: [email protected] or mailed to:
Designmodo Inc.
50 N 1st St., #4i
Brooklyn, NY 11249
- Official Language: All notices and user-requested communications will be in English.
26. Disclaimer
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. DESIGNMODO DOES NOT GUARANTEE UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION, NOR COMPATIBILITY WITH THIRD-PARTY SOFTWARE.
27. Miscellaneous
- Entire Agreement: These Terms (and linked policies) constitute the entire agreement.
- Severability: If any provision is invalid, the remainder remain in effect.
- Waiver: No waiver is effective unless in writing.
- Independent Contractors: The parties are independent; no partnership or agency is created.
- Feedback: You grant Designmodo a royalty-free license to any suggestions you provide.
28. Governing Law & Jurisdiction
These Terms are governed by the laws of New York, United States, without regard to conflict-of-law rules. You submit to the exclusive jurisdiction of New York courts for any disputes.
29. Contact Us
If you have questions about these Terms or wish to exercise your data rights, contact:
Designmodo Inc.
50 N 1st St., #4i
Brooklyn, NY 11249
United States
Email: [email protected]