Terms of Service

Version 1 — August 1, 2018

Please read and agree to the below Terms and the Framer B.V. Policies before registering for Framer (all as defined in clause 1.1 below).

By creating an account for Framer or Framer Cloud, You accept, both as an individual and on behalf of the company or other legal entity You represent, without reservation, to be bound by all terms and conditions in these Terms and in the Framer B.V. Policies. If You do not agree with the terms and conditions in these Terms and in the Framer B.V. Policies, please do not register for Framer in order to access Framer or Framer Cloud and use the Services.

If You accept the terms and conditions in these Terms and the Framer B.V. Policies on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in these Terms and in the Framer B.V. Policies on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept these Terms and register at Framer or Framer Cloud if You are not of legal age to form a binding contract with Framer B.V..

1. Definitions

1.1. In these Terms, the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

“Framer B.V.”
Framer B.V, with its registered office at Singel 258, 1016 AB Amsterdam, the Netherlands;
“Framer B.V. Materials”
Framer, Framer X and Framer Cloud;
“Framer B.V. Policies”
The policies of Framer B.V. as made available on the Framer and amended from time to time, including but not limited to the Privacy Statement;
“Content”
Any content, graphic, design, document, component or material created through Framer;
“You”
You, the final and ultimate user of Framer or the authorized representative of a company or other legal entity that will be the final and ultimate user of Framer, and the company or other legal entity that will be the final and ultimate user of Framer, if applicable;
“Link”
Any unique hyperlink to a personal webpage on which Your Content is published as automatically generated by Framer B.V.;
“Framer”
Includes both of Framer B.V.’s applications Framer and Framer X;
“Framer Cloud”
The Platform­based services and any relevant (user) documentation and other materials, including updates thereof, relating to Framer as made available by Framer B.V. through http://framer.cloud
“Terms”
Terms of Service for Framer, as amended from time to time;

2. General

2.1. By creating an account for Framer You enter into an agreement with Framer B.V. for the use of the Framer applications and Framer Cloud as well as accept the applicability and the contents of the Framer B.V. Policies.

2.2. You acknowledge that these Terms may be modified from time to time. Such modifications will be effective upon posting on Framer Cloud or otherwise notifying You, e.g. by using the email address used for Your registration. If You do not agree with modifications to these Terms, You can terminate your usage at anytime.

2.3. In the event any provision of these Terms is found by a competent court to be invalid, unlawful or unenforceable, then such part will be severed from the remainder of these Terms which will continue to be valid and enforceable to the full extent permitted by law. As for the provision that has been found to be invalid, unlawful or unenforceable, Framer B.V. and You shall enter into negotiations to agree upon a new provision replacing such invalid, unlawful or unenforceable provision, whereby the purpose and the meaning of the original provision shall be applied to the extent possible.

2.4.These Terms set forth the entire agreement and understanding between Framer B.V. and You with respect to the subject matter hereof. Your terms and conditions of whatever kind shall not apply, not even in addition to these Terms.

3. Account

3.1. Before accessing Framer, You must sign-up for Framer. By signing-up, You warrant that the sign-up details used by You are accurate and up-to-date. “Link” Any unique hyperlink to a personal webpage on which Your Content is published as

automatically generated by Framer B.V.; “Framer” Framer B.V.’s application Framer; “Framer Cloud” the Platform-based services and any relevant (user) documentation and other materials, including updates thereof, relating to Framer as made available by Framer B.V. through Framer Cloud; “Terms” Terms of Service for Framer Cloud, as amended from time to time

3.2. You are responsible for safeguarding Your password for Your account for Framer Cloud and for any activities and actions taking place under Your password. You are prohibited to share Your password with any third party.

3.3. You shall notify Framer B.V. immediately of any breach of security or unauthorized use of Your account that You become aware of.

3.4. All activities that occur under Your account for Framer Cloud are Your sole responsibility.

3.5. If You have accepted the terms and conditions in these Terms and the Framer B.V. Policies on behalf of a company or other legal entity, You are prohibited to use the account of Framer Cloud after You have ceased working for such company or other legal entity.

4. Restrictions and Conditions

4.1. Framer B.V. hereby grants You the right to access and use Framer and Framer Cloud, provided that You shall at all times comply with these Terms and the Framer B.V. Policies and shall not use the Framer or Framer Cloud in violation of application laws or regulations.

4.2. Framer Software Restrictions. You will not, and will not permit Your users to: (a) copy or duplicate Framer B.V. Materials; (b) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of Framer B.V. Materials is compiled or interpreted; (c) modify Framer, or create any derivative work from it, except with the prior written consent of Company; (d) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Your rights to use Framer; (e) build a similar or competitive product or service; (f) damage, interfere with or disrupt the integrity, performance or use of Framer; or (g) use Framer for any purposes prohibited by law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.

4.3. You will not conceal, remove, obscure or alter (a) any proprietary notice or legend regarding Framer B.V.s proprietary rights in the Framer Application; or (b) trademarks or logos displayed as part of Framer. You will ensure that Your use of Framer complies with all applicable laws, statutes, regulations or rules.

4.4. Framer B.V. is constantly innovating Framer, and You agree that the form and nature of Framer may change from time to time without prior notice to You.

4.5. you acknowledge that you may be exposed to content of third parties that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. you agree to waive any legal rights or remedies you have or may have against framer b.v. with respect to any such third party content.

5. Content

5.1. After You have registered for Framer, You may upload the Content via Framer Cloud or to the Framer X Store. After the Content is successfully uploaded, it is available to the public via our store. After the Content is successfully uploaded, the Link is made available via Framer Cloud. You can share the Content by sharing the Link.

5.2. Framer B.V. is not responsible and liable for the Content and the consequences of uploading the Content and/or for sharing the Content by sharing the Link. Framer B.V. does not endorse the Content or any advice, suggestion or opinion expressed in the Content.

5.3. You warrant that You have and will continue to have during Your use of Framer all necessary licenses, rights, consents, and permissions which are required to enable Framer B.V. to use the Content for the purposes of the provision of Framer, and otherwise to use the Content in the manner contemplated by Framer and these Terms.

5.4. Code of Conduct. You will not, and will not permit Your users to use Framer to:

(a) Post, upload, forward, or otherwise transmit any file or software code which contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Framer; or

(b) Attempt to access any other Framer B.V. systems that are not part of Framer.

(c) Use Framer to upload, post, process, distribute, link to, publish, reproduce, or transmit any of the following, including but not limited to:

(i) Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;

(ii) Content or data that would impersonate someone else or falsely represent an individual’s identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);

(iii) Except as otherwise permitted by Framer in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;

(iv) Any information, software or content You do not have the legal right to process or transmit. Although Framer has no obligation to monitor Your use of Framer, Framer may do so and may prohibit any use of Framer it believes may be in violation of the foregoing.

5.5. On becoming aware of any (potential) violation of these Terms, Framer B.V. reserves the right a) to remove the Content which is in violation of these Terms and b) to disable the Link to such Content at any time, without prior notice and at its sole discretion.

6. License

6.1. You shall remain the owner of the Content that You upload via Framer Cloud and share using the Link(s). When You upload Content using Framer Cloud, You grant

I. Framer B.V. a worldwide, non-exclusive, royalty free, transferable license with a right to sub-license to use, reproduce, distribute, display and perform the Content to the extent required for the provision of Framer Cloud; and

II. Individuals You send a Link to use Framer Cloud a personal, non-exclusive, royalty free license to access the Content via the Link and to use the Content and the Link for non- commercial purposes to the extent permitted via the functionality of Framer Cloud and under these Terms.

III. The license granted under 6.1 I does not entitle Framer B.V. to use the Content for marketing purposes.

6.2. The license granted under clause 6.1 terminates when You remove or delete the Content from Framer Cloud.

7. Feedback and Notifications

7.1. You acknowledge and agree that if You provide Framer B.V. with any suggestions, comments, or other feedback about the Framer B.V. Materials (jointly “Feedback”), such Feedback is given voluntarily. Even if You designate such Feedback as confidential, the Feedback will not be confidential unless expressly otherwise agreed in writing by Framer B.V., and Framer B.V. will be free to use, disclose, reproduce, license, or otherwise distribute or exploit the Feedback at its sole discretion without any obligation or restrictions of any kind, including without limitation, intellectual property rights or licensing obligations.

7.2. Framer B.V. does not monitor the Content uploaded and shared using Framer or Framer Cloud. If You believe or become aware that a) Your copyright-protected work is made available through Framer Cloud without authorization, or b) other clearly unlawful Content is made available through Framer Cloud, You may notify Framer B.V. by email at copyright@framer.com. Upon receipt of a notification, Framer B.V. will decide at its sole discretion whether it will remove the relevant Content, taking into account the evidence provided in the notification. You acknowledge that misuse of this process may result in the suspension of Your account or other legal consequences.

8. Framer B.V. materials

8.1. All right, title, and interest in and to the Framer B.V. Materials will remain the exclusive property of Framer B.V. and its licensors. You may not delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Framer B.V. Materials.

8.2. Framer B.V. claims no ownership over the Content.

8.3. Nothing in these Terms gives You the right to use Framer B.V.’s name or any of Framer B.V.’s trademarks, logos, domain names and other distinctive brand features.

8.4. You understand and agree that Framer B.V. may be independently creating content, other products and services that may be similar to or competitive with the Content. Nothing in these Terms will be construed as restricting or preventing Framer B.V. from creating and fully exploiting any such content, other products and services without any obligations to You.

9. Support and Updates

9.1. Framer B.V. may extend, enhance or otherwise modify the Framer B.V. Materials (such modified Framer B.V. Materials are hereinafter referred to as the “Updates”) at its sole discretion and without notice. Framer B.V. shall not be obligated to provide You with any such Updates. If Updates are made available by Framer B.V., the terms and conditions of these Terms will govern Your use of and access to such Updates.

9.2. Framer B.V. is not obliged to provide any maintenance, technical or other support for the Framer B.V. Materials, including the Updates.

10. Warranty Disclaimer

10.1. The Framer B.V. Materials are provided to You on an “as is” and “as available” basis, without warranty of any kind, express or implied, including, but not limited to, fitness for a particular purpose, availability, security, title, non-infringement or backward compatibility.

11. Infringed Components Disclaimer

11.1. The Framer component store has the ability for users to use and combine one another’s components. In essence, it means that users can use another person’s component and incorporate it into their own designs or components. If Framer B.V. removes a component due to copyright infringement this will automatically remove the code from our store and thus break any other components using a portion of the source code. Framer B.V. does not conduct any independent investigation into the components uploaded to our store, we expect copyright owners to conduct that investigation and, if they believe the component is infringing, to send us a takedown notice at copyright@framer.com.

12. Limitation of Liability

12.1. The liability of Framer B.V., its affiliates, personnel, subcontractors or agents for direct damages arising out of or in any way relating to these Terms, including in connection with or arising out of the Content, shall in no event exceed the total amount of € 50.

12.2. The limitation of liability does not apply to loss or damages resulting from the intent or willful misconduct by Framer B.V. or the management of Framer B.V. This will be limited to the amount paid to Framer B.V.

12.3. In no event shall Framer B.V., its affiliates, personnel, subcontractors or agents be liable for indirect and/or consequential damages or purely financial loss such as missed business opportunities, lost sales, volume and profit, and data loss in connection with or arising out of these Terms. In addition, Framer B.V., its affiliates, personnel, subcontractors or agents shall not be liable for any loss or damage which may be incurred by You as a result of:

I. any changes which Framer B.V. may make to Framer Cloud, or any permanent or temporary (partial) termination in the provision of the Framer Cloud;

II. the deletion of, corruption of, or failure to store the Content, or any other data provided by You in connection with Framer Cloud;

III.any delay, error or failure of Framer B.V. in connection with the generation of the Link;

IV. Your failure to provide Framer B.V. with accurate information during the registration process; or V. Your failure to keep the password for Your account for Framer secure and confidential.

13. Indemnification

13.1. You shall indemnify Framer B.V., its affiliates, personnel, subcontractors and agents from and against any and all losses, damages, liabilities, claims, demands, suits, expenses and any other out-of-pocket costs (including reasonable attorney’s fees and expenses) which Framer B.V., its affiliates, personnel, subcontractors or agents may incur or be liable for arising out of or in connection with, directly or indirectly, the use of the Framer B.V. Materials by You, including but not limited to any product liability claims, even if such a claim alleges that Framer B.V. was negligent regarding the design or manufacture of the Framer B.V. Materials.

14. Suspension, termination and consequences of termination

14.1. The terms and conditions in these Terms shall be in effect until terminated by You or Framer B.V.

14.2. You may terminate these Terms at Your convenience by discontinuing Your use of Framer and Framer Cloud. Framer B.V. may discontinue Framer and Framer Cloud or terminate these Terms for convenience upon reasonable period prior written notice (including email or message) to You.

14.3. Framer B.V. may suspend Your access to and Your use of the Framer B.V. Materials, and terminate these Terms immediately in writing (including email or message), without prior written notice i) if You fail to comply with any term(s) and conditions of these Terms, including the Framer B.V. Policies, ii) on becoming aware of any (potential) violation of these Terms.

14.4. You and Framer B.V. waive their rights to rescind or annul these Terms. Articles 3:44, 6:228 and 6:265 of the Dutch Civil Code are excluded.

14.5. Any terms and conditions of these Terms that by their nature should survive termination shall survive termination.

14.6. On the effective date of termination of these Terms:

I. the Content shall be removed;

II. Your right to access and use the Framer B.V. Materials shall terminate;

III. any other rights granted to You under these Terms shall immediately be relinquished by You;

IV. unless agreed otherwise by Framer B.V., Framer B.V. will deactivate and delete Your account(s) and data; and

V. You shall promptly return to Framer B.V. all Framer B.V. Materials and Framer B.V.’s confidential information in Your or any of Your employees’, agents’, subcontractors’ or (external) advisors’ possession, without withholding any copies.

15. Miscellaneous

15.1. You may not issue any press releases or make any other public statements regarding these Terms, the Framer Cloud or the relationship between You and Framer B.V., without Framer B.V.’s express prior written consent, which may be withheld at Framer B.V.’s sole discretion. Framer B.V. may issue any press releases or make any other public statements in which Framer B.V. refers to the Content, without Your prior consent.

15.2. You may not assign or subcontract any of Your rights or obligations under these Terms to any third party without Framer B.V.’s prior written consent. Framer B.V. may assign or subcontract any of its rights or obligations under these Terms at its sole discretion. Only You and Framer B.V. and Your and Framer B.V.'s permitted assignees or successors may enforce the terms and conditions of these Terms, except as expressly provided in these Terms. To the extent that any third party stipulation is contained these Terms, article 6:254 of the Dutch Civil Code is excluded.

15.3. A failure by Framer B.V. to give notice to You of any breach or non-fulfilment of any provision, term or clause of these Terms shall not constitute a waiver thereof, nor shall the waiver of any breach or non-fulfilment of any provision, term or clause hereof constitute a waiver of any other provision, term or clause thereof.

16. Governing law and disputes

16.1. These Terms shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflicts of law rules.

16.2. To the extent permitted by applicable law, any dispute between Framer B.V. and You shall exclusively be submitted to the competent court in Amsterdam, the Netherlands.

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