Terms of Service

Description of Service

Sharpen.design, which is operated by Vault Labs LLC, (“Sharpen”, “Sharpen.design”, “Vault Labs”, “we”, “us” or “our”) provides an educational utility and platform via its website (the “Generator”, the “Site”) to both unregistered and registered users (“users” or “you”) to engage in a variety of activities, including to access randomly generated design prompts (“Design Prompts” or “Design Prompt Generation”), to upload and display images and designs (“User Submitted Content”), to submit and vote on feature ideas to improve Sharpen (“Feature Voting”), to share design critiques, comments, opinions and ideas, to participate in contests and promotions, and to request formal feedback or mentorship from others (individually and collectively, the “Services”). We also provide premium access to Site features for premium subscriptions that adhere to the Subscriptions Policy. The foregoing list of Services is not all-inclusive and additional Services may be offered by us at any time. The following are the terms of use (“Terms”) for using the Site and the Services.

Acceptance of Terms

By using the Services, you are agreeing, on behalf of yourself and those you represent, to comply with and be legally bound by these terms as well as our Privacy Policy and all applicable laws. If you do not agree to any provision of these terms, you must, for yourself and on the behalf of any such person(s) that you represent, discontinue the registration process, discontinue your use of the Services, and if you are already registered, delete your account.

Modification of Terms

Sharpen reserves the right, at its sole discretion, to change or modify portions of these Terms of Use at any time, for any reason. If we do this, we will post the changes on this webpage and will indicate the date these terms were last revised at the top of this webpage. We will also notify you, either through the Site user interface, in an email notification, or through other reasonable means. You are responsible for reviewing and becoming familiar with any such modifications. Using any Service constitutes your acceptance of the Terms as modified.

In addition, when using certain components of the Site, you will be subject to any additional terms, policies, rules or guidelines applicable to the Site or such components of the Site which your use thereof constitutes acceptance of such additional conditions.

Information we collect

We may, as part of your use of the Site, collect certain information, personal data, and personally identifiable data, as outlined in the Privacy Policy, to enhance your experience (“Personal Data”). We collect Personal Data from you when you voluntarily provide such information, such as when you contact us through a contact form, register an account with us, or submit User Submitted Content to us.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred from your current location to the servers of Sharpen.

Registration

You may be required to register with Sharpen in order to access and use certain features of the Site. Some Services, such as Design Prompt Generation, do not require you to open an account with Sharpen. Sharpen reserves the right to add or remove the requirement to open an account for any Service at Sharpen’s sole discretion. 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 access to the Services, by either terminating your email access or your account. Any personal information that you provide to Sharpen is governed by the Sharpen.design Privacy Policy.

Usernames

In creating a username as part of account registration, you may not use 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. We reserve the right to disallow any username at the time of account creation, or to require any username to be changed, for any reason and at any time.

Passwords

We reserve the right to enforce standards of password complexity for security purposes. You are responsible for maintaining the confidentiality of your password and Sharpen account, if you have a one or more, and are fully responsible for any and all activities and User Submitted Content that occur under your password or account. You agree to (i) immediately notify Sharpen of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session when accessing the Site. Sharpen will not be liable for any loss or damage arising from your failure to comply with this Section.

Age

Access to the Site and Services are available to authorized representatives of legal entities and to persons who are at least 14 years old, and if under 18 years old, are authorized to access the Site by a parent or legal guardian. If you, as a parent or legal guardian, have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does not review any User Submitted Content prior to displaying to other users, and such content may contain material that some may find offensive or objectionable. If you are under 13 years of age, you are not authorized to register to use the Site.

User submitted content

All User Submitted Content uploaded, posted, submitted, or shared to the Site, and any comments, critiques, messages, or other communications (“Communications”, with User Submitted Content and Communications collectively referred to as “Content”) is the sole responsibility of the account holder from which such Communications originates. You acknowledge and agree that you, and not Sharpen, are entirely responsible for all Content that is posted, or otherwise submitted to the Site by your account.

Moderation

Sharpen does not moderate, proactively oversee, or control User Submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. While Content on the Site is ideally educational, wholesome, and shared with good intentions, you understand and agree that by using the Site you may be exposed to Content that is offensive, indecent or objectionable. You agree to waive any rights to viewing strictly moderated content.

Conditions of use

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Sharpen. If the Services or Site are used in a manner that violates the Terms in any way, Sharpen may at its sole discretion, but is not required to, suspend or terminate your account, disable your access to the Site and/or take any steps that it deems appropriate to address the situation.

Storage

You acknowledge that Sharpen may establish general practices and limits concerning use of the Site, including without limitation the maximum period of time that data or other content will be retained by the Site and the maximum storage space that will be allotted on Sharpen’s servers on your behalf. You agree that Sharpen has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Site.

Termination

Sharpen reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Sharpen will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Infringement

Sharpen respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property rights (“Infringement”) of any person. Sharpen will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property laws 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 Site.

Infringement notifications

To notify Sharpen of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of copyright@vaultlabs.co and include in your notice a detailed description of the alleged Infringement sufficient to enable Sharpen to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any User Submitted Content is infringing your copyright.

Counter notifications

If we remove or disable access to User Submitted Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected User Submitted Content. If you feel that your User Submitted Content is not infringing, you may provide Sharpen with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at copyright@vaultlabs.co. You must include in your counter notice sufficient information to enable Sharpen to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your copyright@vaultlabs.co is not infringing the copyrights of others.

Our rights

Sharpen reserves the right to terminate or suspend any and all Services and/or your Sharpen 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 Services will immediately cease.

Terminating your own account

If you wish to terminate your Sharpen account, you may do so at any time, from your user profile’s “Delete Account” function, or by emailing us at datarequest@vaultlabs.co. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.

If you terminate your Sharpen account, all of your data will be deleted along with the account termination processes. We make no warranty or guarantee to save or preserve your data after your account is terminated. You acknowledge it is your responsibility to store your data prior to account deletion.

Getting a copy of your data

If you wish to receive a copy of your data on the Site, you must submit your notice in writing to the attention of “Data copy request” care of datarequest@vaultlabs.co and include in your notice sufficient proof of ownership of the account you’re requesting data in regards to. We reserve the right to determine what constitutes sufficient proof and change such a determination at our sole discretion. If we determine you are indeed the account owner, we will deliver a copy of all of your data by any deadline imposed by regional laws.

Inactive account termination

You acknowledge that Sharpen reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Sharpen reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Commercial use

Unless otherwise expressly authorized herein or in the Site, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

Outbound links

The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet or to third party applications. Sharpen has no control over such sites, resources or applications and Sharpen is not responsible for and does not endorse such sites, resources or applications. You further acknowledge and agree that Sharpen will 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 content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that Sharpen is not liable for any loss or claim that you may have against any such third party.

Generator content policy

The Generator is capable of creating millions of random design prompts by combining various inputs in a random fashion. As such, we have not reviewed every single end result the generator is capable of creating. Sharpen makes no guarantee to the contents of any prompt generated, and no design prompt that the Site displays is intended to be an endorsement, advertisement, or recommendation, unless formally and explicitly stated otherwise.

All content the Generator displays is for practice design exercise purposes only, and is not intended to be in a solicitation of your services, or the services of any entity or person that you represent. No offer or solicitation is being extended or made by using the Site unless explicitly and reasonably stated.

Official contact

Please contact us at legal@vaultlabs.co to report any violations of these Terms of Use or to pose any questions regarding this Terms of Use or the Site.

Indemnity and release

You hereby expressly and forever release, indemnify and hold Sharpen and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, costs, damages (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site or any related information, any User Content, your application(s) to Sharpen or the results thereof, your violation of these Terms of Use or your violation of any rights of another.

Trademarks

“Sharpen” and the Sharpen wordmark are registered trademarks of Vault Labs, LLC. Our trademarks may not be used in connection with any product or service without the prior written consent of Vault Labs, LLC.