Weld’s Terms of Use

These Terms of Use are effective as of May 24, 2018.

The following document outlines the terms of use of Weld’s services. The first highlighted line after each header provides a short explanation of the terms of use and is not legally binding.

Before using any of the Weld services, you are required to read, understand and agree to these terms of use (“Terms”). You may only create an account after reading and accepting these terms.

If you are acting on behalf of a legal entity, which shall be considered to be the case when a VAT number has been provided under the billing settings in the Application or when an enterprise agreement has been entered into (a “Company Customer”), you represent and warrant that you are authorized to act on behalf of such Company Customer and that your acceptance of these Terms creates a legally enforceable obligation of the Company Customer. As used herein, “you” and “your” refer to you and, where applicable, any Company Customer on behalf of which you are acting.

Please also review our Privacy Policy, which outlines how we handle any personal information that you may provide to us when creating an account and accessing our Application.

Contact information

How to get in touch with us.

The online tool for creating web services and mobile apps available at weld.io and all linked pages (“Application”), are owned and operated by Weld Your Own App AB (“Weld,” ”we,” “us” or “our”), a Swedish corporation with the address c/o Knackeriet, Svartmangatan 9, 11129 Stockholm, Sweden, and is accessed by you under these Terms. You can always contact Weld at contact@weld.io.

Acceptance of terms

There are three important documents: this Terms of Use, the Privacy Policy, and the Data Processing Agreement (only if you represent a company). By using Weld you agree to all these terms.

Please read these terms carefully before using the Application. By accessing the Application, viewing any Content or using any services available on the Application (each as defined below) you are agreeing to be bound by these Terms and, if you are a Company Customer, the Data Processing Agreement (jointly the “Service Agreement”).

The Service Agreement together with the Privacy Policy governs our relationship with you in relation to the Application and your use of the services. If you disagree with any part hereof, then you may not access or use the Application.

Description of service

We develop a creation tool for websites and apps and we will develop more features and services in the future. Sometimes, things can go wrong and the service may be interrupted.

The Application is an online tool which enables content creators to make websites and apps, for web and mobile.

Content includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, sound clips, music, scripts, and software (“Content”).

Your access to and use of the Application may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Application or any other reason within or outside the control of Weld. Weld reserves the right to suspend or discontinue the availability of the Application and/or remove any Content at any time at its sole discretion and without prior notice. Weld may also impose limits on certain features of the Application or restrict your access to parts of or all of the Application without notice or liability. The Application should not be used or relied upon for storage of your design and prototypes and you are directed to retain your own copies of all Content posted on the Application.

Registration

To fully use Weld you need to create your own account, without violating other people’s rights. Weld is not for kids.

As a condition to using the Application, you are required to open an account with Weld and provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Weld account and the Service Agreement.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Weld account.

The Application is available only to individuals who are at least 18 years old. If you have authorized a minor to use the Application, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Application by the minor. Parents and legal guardians are aware of that the Application does display photographs and images containing nudity and violence that may be offensive to some.

User conduct

You cannot use Weld to post pornographic material, harass people, send spam, or misbehave in other ways. Be reasonable and responsible, don’t do anything stupid and you’ll be fine.

All Content created, posted or otherwise submitted to the Application is the sole responsibility of the account holder (or, where applicable the Company Customer) from which such Content originates and you acknowledge and agree that you, and not Weld, are entirely responsible for all Content that you post, or otherwise submit to the Application. Weld does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Application you may be exposed to Content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use the Application for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Weld. By way of example, and not as a limitation, you agree not to use the Application:

  • To abuse, harass, threaten, impersonate or intimidate any person.
  • To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person.
  • For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Application.
  • To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Weld user.
  • To create or transmit unwanted ‘spam’ to any person or any URL.
  • To post copyrighted Content which doesn’t belong to you, with exception of Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content.
  • With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Application for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Application or any activities conducted on the Application; or (iii) bypass any measures we may use to prevent or restrict access to the Application.
  • To promote or sell Content of another person.
  • To sell or otherwise transfer your profile.

 

To report a suspected abuse of the Application or a breach of the Terms (other than relating to copyright infringement which is addressed under “Copyright complaints” below) please send written notice to Weld at email: legal@weld.io.

You are solely responsible for your interactions with other users of the Application. Weld reserves the right, but has no obligation, to monitor disputes between you and other users.

Content submitted to Weld

Weld won’t sell your content, but we might show it to other Weld users or use it for promoting Weld, unless it’s marked as “unlisted”, “private”, or “password protected”. Please respect others’ copyrights.

Please read this section carefully before creating, posting, uploading, or otherwise submitting any Content to the Application. By creating or submitting Content to the Application you are granting Weld a worldwide, non-exclusive license to use Content in accordance with the below and are representing and warranting to Weld that Content is owned or duly licensed by you.

You acknowledge and agree that:

  1. By uploading Content to Weld you retain full rights to those works that you had prior to uploading.
  2. By creating or posting Content to the Application you hereby grant to Weld a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, however excluding any personal data contained in such Content, in connection with the Application. This license will exist for the period during which the Content is posted on the Application and will automatically terminate upon the removal of the Content from the Application;
  3. Subject to point 4 below, the license granted to Weld includes the right to use your Content, however excluding any personal data contained in such Content, fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web services, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username and other accompanying information) if any and as appropriate, all as submitted to Weld by you;
  4. Subject to point 5 below, other users may view and make copies of your Content;
  5. Notwithstanding the above license, if Content is marked in the Application as “unlisted”, “private”, or “password protected”, Weld may not use the Content for promotional reasons, nor can other users view and make copies of such Content;
  6. Weld makes no representation and warranty that Content created or posted on the Application will not be unlawfully copied without your consent. Weld does not restrict the ability of users and visitors to the Application to make low resolution or ‘thumbnail’ copies of Content posted on the Application and you hereby expressly authorize Weld to permit users and visitors to the Application to make such low resolution copies of your Content; and
  7. Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.

You represent and warrant that:

  • You (or your licensors) are the owner of all rights, including all copyrights in and to all Content you submit to the Application;
  • You have the full and complete right to enter into this agreement and to grant to Weld the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Weld of the Content as contemplated herein;
  • The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order; and
  • You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Weld, all of which such rights are hereby expressly and irrevocably waived by you in favor of Weld.

Payments

Weld is responsible for all sales and refunds done in the Application.

You can find the available pricing models on Weld’s Upgrade page.

All payment transactions conducted through Weld are handled by third party dedicated gateways and managed by payment provider Stripe to guarantee your protection. All card information is handled over SSL encryption to make it more secure. Weld does not store any credit card details.

Paid premium services

Weld offers paid services. Refunds apply only to services described on the Upgrade page.

Weld provides optional paid add-on services. In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply specifically to paying users:

  • Premium services are described on the Upgrade age. Any feature that is not described on the Upgrade page cannot be grounds for refund.
  • Weld may modify, suspend or discontinue Premium services at any time at its sole discretion and without prior notice.
  • Any refund owing to you will be paid within 30 days of the Termination Date provided your request for termination included your username and full name as it appears on your credit card.

Fair usage policy

If you use more than your fair share, we may gradually limit your account.

Weld maintains a fair usage policy to ensure stable and fast service to all users.

Users that do not pay for Premium services are limited to 10 MB of Content. Any additional usage may result in restrictions on your account including limited access to your projects or a requirement to upgrade if the limit is exceeded for several months.

Users that do pay for Premium services are limited to 1000 MB of Content. Accounts that exceed a limit for several months will be notified of their usage and restrictions may be imposed if usage is not corrected.

Copyright complaints

We respect copyright. If anything is wrong, please send an email with all the details to legal@weld.io.

Weld respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Application infringes the copyright or other intellectual property rights of any person (“Infringement”). Weld will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Application.

To notify Weld of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of legal@weld.io and include in your notice a detailed description of the alleged Infringement sufficient to enable Weld to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright or other intellectual property rights.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If such user considers that its Content is not infringing, the user may provide Weld with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at legal@weld.io. The user must include in its counter notice sufficient information to enable Weld to make a reasonable determination. Please note that such user may be held accountable for damages (including costs and attorneys’ fees) if it materially misrepresent that its Content is not infringing the copyrights or other intellectual property rights of others.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

Links

Some people may post links, we are not responsible for those links.

The Application may provide, or third parties may provide, links to other web services or resources. Because Weld has no control over such services and resources, you acknowledge and agree that Weld is not responsible for the availability of such external services or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such services or resources. You further acknowledge and agree that Weld shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Application or resource.

Release and indemnity

We are not liable if something goes really wrong. Always have a backup of your work.

To the extent permitted under mandatory applicable law, you hereby expressly and irrevocably release and forever discharge Weld, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Application.

To the extent permitted under mandatory applicable law, you hereby agree to indemnify and hold harmless Weld, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Application, (iii) the use of the Application, by you or any person using your account or Weld username and password, or (iv) any violation of any rights of a third party.

Limitation of liability

Again, we are not liable.

To the extent permitted under mandatory applicable law, in no event shall Weld be liable under contract, strict liability, negligence or other Legal theory with respect to the Application, the service or any content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) for any provision of any substitute services (however arising), or (iii) for any direct damages.

However, nothing in these Terms shall operate to exclude or restrict Weld’s liability for any damage caused by wilful misconduct or gross negligence.

Trademarks

Please respect our trademarks and brands.

“Weld”, “Weld.io” and other Weld graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Weld. Weld’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Weld.

Termination

We may stop providing the Weld tool at any time. You can stop using your account or close it at any time as well.

Weld may terminate or suspend any and all services and/or your Weld account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination of your account, your right to use the Application will immediately cease. If you wish to terminate your Weld account, you may simply discontinue using the Application.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account Weld may remove all Content posted to your account.

Changes of these terms

If these Terms of Use change, we will notify you.

Weld reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the terms, Weld will notify you by posting an announcement on the Application. What constitutes a material change will be determined at Weld’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

Miscellaneous

Again: things can happen – we are not responsible. Weld is a Swedish company, so Swedish laws apply.

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Weld in any respect whatsoever.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Weld shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Weld’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

Weld may transfer, assign or delegate the Terms and its rights and obligations without consent.

The Terms shall be governed by and construed in accordance with the laws of Sweden, as if made within Sweden between two residents thereof, subject to any mandatory local law provisions, and the parties submit to the exclusive jurisdiction of Swedish courts (unless applicable mandatory local law provides otherwise).

Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

 

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