Terms of Use

Last updated: January 10, 2022

Please read these terms and conditions carefully before using Our Service.

DrapCode, operated by LCNC Technologies Pvt Ltd, (“DrapCode,” “Company,” “us,” or “we”), provides https://drapcode.com and the other websites under the drapcode.com , drapcode.io, drapcode.app domains (collectively, the “Sites”), and our SaaS product, web apps design software, tools, and related services (together with the Sites, the “Service”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use" or the “Agreement”).

If you have questions regarding this Agreement or about DrapCode, please contact us by email at support@drapcode.com


Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Terms of Use Agreement:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: Uttar Pradesh, India

Company (referred to as either "DrapCode", "DrapCode Platform", "We", "Us" or "Our" in this Agreement) refers to LCNC Technologies Pvt Ltd, B - 8, Sector 62, Noida (U.P.) 201301

Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

Service refers to the Website.

Terms of Use (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to https://drapcode.com, accessible from https://drapcode.com

You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.


Acknowledgment


These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.


Account Creation & Usage

To use the Service, you will need to register and create an account (including your full name, password, and email address). If you upgrade your account, you will need to provide payment information as well. DrapCode accounts will give you access to the Service and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of users. If you open a DrapCode account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to DrapCode with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service.

You are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password. When creating your account, you must provide accurate and complete information. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lowercase letters, numbers, and symbols) with your account. It is your sole responsibility to: (i) control the dissemination and use of your account and password, and (ii) promptly inform us of any need to deactivate an account or password. We are not liable for any harm related to the theft of passwords, or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality. You are solely responsible for any damage resulting from the use of your account and username. You may not use your account or password to breach the security of another account.

Your responsibility for your account. How to control your account. You may control your account and how you interact with the Service by changing your settings. By providing us with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service. You may not opt out of these messages unless you cancel your account.


Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.


Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.


Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.


"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.


Intellectual Property Rights

DrapCode Platform and this site is our proprietary property and all source code, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Indian Jurisdiction, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Data.

We neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with the Company.


Your Data and Content

You own your data. DrapCode does NOT claim any ownership rights in the text, files, images, photos, video, sounds, musical works, User Data, or other data, content, information or materials that you upload on or through the Services.


Feedback

We always appreciate feedback and are always on the lookout for ways to improve. For feedback, comments, questions, or concerns, you can contact us at support@drapcode.com and we will return your email at the soonest opportunity possible. In the event that you provide comments, suggestions, paid enhancements to the Service as part of a statement of work, or recommendations to DrapCode with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service) (collectively, “Feedback”), you hereby grant to DrapCode a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Service.


Cost of Services

Free Plan

We offer a Forever free plan to new users who register with us. The account will not be charged upto the permissible usage. You can choose to upgrade it to a subscription plan as per Your need at any time.

Paid Plans

We offer several paid plans to the users who register with us. Every Web App starts with a Free plan and then You can choose to upgrade it to a subscription plan as per Your need at any time. All purchases are non-refundable.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at support@drapcode.com.

Refund Policy

All payments for DrapCode products and services are non-refundable.

Payment Failure

Failure to complete payment for your DrapCode subscription will automatically result in the termination of your Web app built on DrapCode.

After the first failed attempt to complete payment, you will no longer have access to your DrapCode project and its contents. Attempts to collect payment for your subscription will be executed with the designated payment method on your account. You can find and make changes to this on the billing page.

There will be several attempts to collect payment over a 10 day period. During this period, you will receive email notifications at the email associated with your account of failed payment collection. After this period and no successful payment collection, your Web App will be terminated. This will cause loss of data and the contents of the web apps.

It is your responsibility to update your billing information with a valid form of payment. You should contact support@drapcode.com immediately with any questions regarding failed payment on your account.


Prohibited Activities

You may not access or use Drapcode Platform for any purpose other than that for which we make the Drapcode available. The Site may not be used in connection with any commercial activities except those that are specifically endorsed or approved by us.

No Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, promote, facilitate or instruct others to use the Service for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include: Illegal, Harmful or Fraudulent Activities – Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming; Infringing Content – Content that infringes or misappropriates the intellectual property or proprietary rights of others; Offensive Content – Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts; Harmful Content – Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

No Security Violations

You may not use the Service to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include: Unauthorized Access – Accessing or using the System without permission, including attempting to probe, scan, or test the vulnerability of the System or to breach any security or authentication measures used by the System; Interception – Monitoring of data or traffic on a System without permission; Falsification of Origin – Forging TCP-IP packet headers, email headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

No Network Abuse

Monitoring or Crawling – Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled; Denial of Service (DoS) – Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective; Intentional Interference – Interfering with the proper functioning of the System, including any deliberate attempt to overload a system. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

No Personal Data Abuse

You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements to the data saved within the System, unless legitimate and in accordance to relevant privacy laws.

Our Monitoring and Enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Service. We may: Investigate violations of this Policy or misuse of the Service; or remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Service. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy


Governing Law

The laws of the Government of India, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.


Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.


No Partnership

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and DrapCode is intended or created by this Agreement.


Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Indemnity

You agree to indemnify and hold the DrapCode harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of this Agreement. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).


Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.


Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.


Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email: support@drapcode.com