Terms of Service

The terms and conditions governing your use of Sketchpad services.

Last updated: May 10, 2025

Terms of Service

Table of Contents

1. Introduction and Acceptance

Welcome to Sketchpad. These Terms of Service (“Terms”) govern your access to and use of the Sketchpad website (sketchpad.com), web application, desktop application, API, e-commerce store, and any related services (collectively, the “Services”) operated by Sketchpad, Inc. (“Sketchpad,” “we,” “us,” or “our”), located at 11177 SE Mystery Springs Ct., Clackamas, OR 97015.

By accessing or using any of the Services, you agree to be bound by these Terms, our Privacy Policy, and our End User License Agreement (EULA). If you do not agree with any part of these Terms, you must not access or use the Services.

These Terms constitute a legally binding agreement between you and Sketchpad. Please read them carefully before using our Services.

2. Eligibility

By accessing or using the Services, you represent and warrant that:

  • You are 18 years of age or older, or you have received your parent’s or legal guardian’s consent to use the Services and they have agreed to these Terms on your behalf.
  • Any registration information you submit to Sketchpad is true, accurate, current, and complete, and you will promptly update such information to keep it current.
  • You have the legal capacity to enter into a binding agreement in your jurisdiction.
  • You are not prohibited from using the Services under the laws of your country or any other applicable jurisdiction.
  • You understand that the Services are provided on an “as is” basis and there may be occasional issues where your documents are not saved properly, or documents may become unusable.

If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” refers to both you individually and that entity.

3. Account Registration and Responsibilities

Creating an Account

Some features of the Services require you to create an account. When you register for an account, you agree to:

  • Provide accurate, current, and complete information during the registration process.
  • Maintain and promptly update your account information to keep it accurate, current, and complete.
  • Maintain the security and confidentiality of your login credentials and not share them with any third party.
  • Immediately notify Sketchpad at [email protected] if you become aware of any unauthorized use of your account or any other breach of security.

Account Security

You are solely responsible for all activity that occurs under your account, whether or not you authorized that activity. Sketchpad will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials. We strongly recommend using a unique, strong password for your Sketchpad account.

Account Suspension or Termination

Sketchpad reserves the right to suspend or terminate your account at any time if we reasonably believe that you have violated these Terms, engaged in fraudulent or illegal activity, or if your account has been inactive for an extended period. We will make reasonable efforts to notify you before taking such action, except where doing so would compromise security or violate legal requirements.

4. Acceptable Use and Prohibited Conduct

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Services in any way that violates any applicable local, state, national, or international law or regulation.
  • Upload, post, share, or transmit any content that is defamatory, obscene, abusive, threatening, harassing, hateful, or otherwise objectionable.
  • Upload, post, share, or transmit any content that infringes on the intellectual property rights, privacy rights, publicity rights, or other rights of any third party.
  • Impersonate or attempt to impersonate Sketchpad, a Sketchpad employee, another user, or any other person or entity.
  • Use the Services to send unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
  • Introduce viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the server on which the Services are hosted, or any server, computer, or database connected to the Services.
  • Use automated scripts, bots, or other means to access the Services or collect data without our prior written consent, except as expressly permitted through the SketchAPI under a valid license agreement.
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Services.
  • Use the Services to promote or facilitate illegal activities, including but not limited to the creation or distribution of content depicting child sexual abuse material (CSAM).
  • Sell, resell, lease, or sublicense the Services or access to the Services without Sketchpad’s prior written consent.

Sketchpad reserves the right, in its sole discretion, to determine whether your use of the Services violates these Terms and to take appropriate action, including but not limited to content removal, account suspension, or termination.

5. Intellectual Property Rights

Sketchpad’s Intellectual Property

The Services, including all content, features, and functionality (such as the software, code, text, graphics, logos, icons, images, audio clips, and data compilations) are the exclusive property of Sketchpad, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Sketchpad name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Sketchpad or its affiliates. You must not use such marks without our prior written permission.

Open Source Components

Certain components of the Services may include open source software. Your use of such components is subject to the applicable open source licenses, which can be found at humans.txt.

6. User-Generated Content

Your Content

The Services may allow you to create, upload, store, share, and otherwise make available certain content, including drawings, images, text, and other materials (“User Content”). You retain ownership of any intellectual property rights that you hold in your User Content.

By creating or sharing User Content through the Services, you grant Sketchpad a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your User Content solely for the purpose of operating, providing, and improving the Services. This license ends when you delete your User Content from the Services, except where your content has been shared with others who have not deleted it, or where retention is reasonably necessary for legal, regulatory, or legitimate business purposes.

Content Responsibility

You are solely responsible for your User Content and the consequences of sharing it. You represent and warrant that:

  • You own or have the necessary licenses, rights, consents, and permissions to use and authorize Sketchpad to use your User Content as described in these Terms.
  • Your User Content does not violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights.
  • Your User Content complies with these Terms and all applicable laws and regulations.

Content Removal

Sketchpad reserves the right (but has no obligation) to review, monitor, and remove User Content at our sole discretion, including content that we believe violates these Terms, our policies, or applicable law. We are not responsible or liable for the removal or failure to remove any User Content.

DMCA Notices

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please submit a DMCA notice to [email protected]. Your notice must comply with the requirements of the Digital Millennium Copyright Act. For more information, please see our Privacy Policy.

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Sketchpad. These may include, but are not limited to, payment processors, cloud storage providers, analytics services, and social media platforms.

Sketchpad has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Sketchpad is not responsible or liable for any damage or loss caused by or in connection with your use of or reliance on any such third-party content, goods, or services.

We encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you interact with through the Services.

8. Payment Terms and Subscriptions

Certain features of the Services may require payment, including but not limited to the Sketchpad desktop application, premium subscriptions, and API access. By purchasing a paid service, you agree to pay all applicable fees as described at the time of purchase.

Pricing

All prices are listed in US dollars unless otherwise stated. Sketchpad reserves the right to change prices for paid services at any time. If you have an active subscription, any price change will take effect at the start of your next billing cycle following at least thirty (30) days’ notice.

Subscriptions and Auto-Renewal

If you purchase a subscription, it will automatically renew at the end of each billing period (monthly or yearly) at the then-current price, unless you cancel before the renewal date. You can manage or cancel your subscription through your account settings on sketchpad.com/store, the Apple App Store, or the Microsoft App Store, depending on where you made your purchase.

Refunds

Refund requests may be submitted within fourteen (14) days of your initial purchase by contacting [email protected]. Refund requests after this period will be evaluated on a case-by-case basis at Sketchpad’s discretion. Purchases made through the Apple App Store or Microsoft App Store are subject to those platforms’ respective refund policies.

Taxes

You are responsible for any applicable sales tax, value-added tax (VAT), or other taxes associated with your purchase, except for taxes based on Sketchpad’s income.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Sketchpad, its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; or (d) unauthorized access, use, or alteration of your transmissions or content.
  • In no event shall Sketchpad’s total aggregate liability to you for all claims arising out of or relating to these Terms or the Services exceed the total amount paid by you to Sketchpad in the twelve (12) months preceding the event giving rise to the claim, or one hundred dollars ($100), whichever is greater.
  • The limitations of liability set forth in this section shall not apply to liability resulting from (i) Sketchpad’s gross negligence or willful misconduct, or (ii) death or personal injury caused by Sketchpad’s negligence.

10. Warranty Disclaimers

The Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. Sketchpad expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Sketchpad does not warrant that:

  • The Services will function uninterrupted, securely, or be available at any particular time or location.
  • Any errors or defects will be corrected.
  • The Services are free of viruses or other harmful components.
  • The results of using the Services will meet your requirements or expectations.
  • Your documents, drawings, or other content will be saved, stored, or preserved without error.

No advice or information, whether oral or written, obtained from Sketchpad or through the Services shall create any warranty not expressly stated in these Terms.

11. Indemnification

You agree to defend, indemnify, and hold harmless Sketchpad, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

  • Your use of and access to the Services.
  • Your violation of any provision of these Terms.
  • Your violation of any third-party right, including any intellectual property right, privacy right, or publicity right.
  • Any User Content you create, upload, share, or otherwise make available through the Services.
  • Any claim that your User Content caused damage to a third party.

This indemnification obligation will survive the termination of these Terms and your use of the Services.

12. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, United States of America, without regard to its conflict of law provisions.

Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Multnomah County, Oregon, and you consent to the personal jurisdiction of such courts.

Informal Resolution

Before filing a formal legal claim, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally within sixty (60) days. If the dispute is not resolved within that period, either party may proceed with formal legal action.

Limitation on Claims

You agree that any cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

13. Termination

Termination by You

You may stop using the Services at any time. If you wish to close your account, you may do so through your account settings or by contacting [email protected]. Termination of your account does not relieve you of any obligations to pay any outstanding fees.

Termination by Sketchpad

Sketchpad may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Services will cease immediately.

Effect of Termination

Upon termination of your account:

  • Your license to use the Services will be revoked.
  • Sketchpad may delete your account data and User Content, subject to our Privacy Policy and any applicable legal retention requirements.
  • Any provisions of these Terms that by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Modifications to Terms

Sketchpad reserves the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will provide notice through the Services, by email, or by other reasonable means at least thirty (30) days before the changes take effect.

Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Services. The most current version of these Terms will always be available at Terms of Service.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions. The remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

16. Entire Agreement

These Terms, together with the Privacy Policy, the End User License Agreement (EULA), and any other legal notices or agreements published by Sketchpad on the Services, constitute the entire agreement between you and Sketchpad regarding the Services and supersede all prior agreements, understandings, representations, and warranties, both written and oral, regarding the Services.

17. General Provisions

Waiver

The failure of Sketchpad to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Sketchpad.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Sketchpad’s prior written consent. Sketchpad may assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment in violation of this section shall be void.

Notices

Notices to you may be made via email to the address associated with your account, or by posting on the Services. You agree that any such notice shall be deemed to have been given upon sending or posting.

Force Majeure

Sketchpad shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond Sketchpad’s reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, or power outages.

Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

18. Contact Information

If you have any questions about these Terms, please contact us:

Terms Adopted: 01 NOV 2008 Terms Updated: 10 MAY 2025

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