Gridset is a tool that you can use to design your own grids for use in your projects. It takes the serious maths out of the job. It also allows you to store grids that you’ve created in order to embed them into future projects. This document, which we’ll refer to as “the Terms”, sets out the terms and conditions upon which you can use Gridset.
Gridset is a service delivered by Monotype Limited, which is a company incorporated in England & Wales under registration number 06118671. The registered office of Monotype Limited is 11 Gildas Close, Llantwit Major, Vale of Glamorgan, CF61 2SL, although the company actually trades from Studio 2, The Coach house, Stanwell Road, Penarth, CF64 3EU.
When we use words such as “we”, “us” and “our” in these Terms, it is Monotype Limited that we are referring to. When we use words such as “you” or “yours”, it is you, the individual and, we hope, soon-to-be user of Gridset, to whom we refer, or the business you work for , if you are using Gridset as an employee.
If you want to use Gridset, you will have to register and to do that, you will have to accept these Terms. You can indicate your acceptance of the Terms by checking the box at the appropriate place during the registration process. If you don’t accept these Terms, you will not be able to register, and if you don’t register you will not be able to use Gridset.
If you do check the box and submit your registration to us, please bear in mind that you are entering into a contract with us. This has two implications.
First, these Terms will form the framework of a contract between you and us that contains legally enforceable obligations on both you and us. For that reason alone, it would be a good idea to give them a proper read through.
Second, your contract for the use of Gridset is with us alone and no third party is involved at all. No third party will be liable for our breach of any of these Terms. There’s more on third parties below.
You will be able to find a copy of these Terms on our website (which you’ll find at www.gridsetapp.com), but if you’d like to print a copy off now, that might not be a bad idea. However, please bear in mind that the Terms might change over time as necessary to accommodate changes in our business or business model or functionality in Gridset. If we do change the Terms, we will let you know and send you a link to the new Terms so you can take a look for yourself. If you continue to use Gridset after that, you will do so having, by implication, accepted the new Terms.
There may come a time where we are required, for some reason, to ‘assign’ the contract that we’ve formed with you to another company (for example, as part of a restructuring of our business). However, your registration is personal to you and you may not transfer or sell your rights under this contract to anybody else nor may you use it as security for anything. If you have downloaded one of our apps, you will have the right to use that app on any applicable device you might own but you won’t be able to transfer the right to use that app to anyone else.
Once you have successfully registered, you will have created an “account” with us that you will use to create your grids, store grids you’ve created and use those grids in your projects.
In registering to use Gridset, you confirm that you are not less than 18 years of age and that there isn’t any reason why you could not enter into a legally binding contract with us. You also confirm that any information that you have provided to us about yourself (such as your email address) is accurate and up-to-date.
If you are registering to use Gridset in your capacity as an employee of another business, you also confirm that you have the right to bind your employer into this contract with us and if you do not, you should get somebody who does have that authority to complete the registration for you.
The Gridset name, logo and all copyright and other intellectual property rights in the website and the software that makes up Gridset belong to us and, subject to your compliance with these Terms, we grant to you a limited non-exclusive licence to use the Gridset for the purposes described on the website only. We confirm that we have the right to grant that licence to you and that your use of Gridset will not infringe the rights of anybody else.
Although you will using Gridset to create your own content in the form of grids, to store and edit grids that you’ve created and to embed those grids in projects you’re working on, this is not a platform technology or a user-generated-content site. You will not use (nor will you be able to use) Gridset for any purpose other than as described on the website. It may be that technically, the grids you create may or may not be protectable as copyright either under English law or your local law, wherever you happen to be. But regardless of that, we confirm that we regard the grids that you create as yours, and we will not make use of them save as you direct when using Gridset or in order to demonstrate for marketing or promotional purposes the sort of thing Gridset can do.
You confirm that the grids you create are your own creation and that you have not copied them from any third party. You agree to indemnify us in respect of any loss, expense or damage that we incur in the event that we have to deal with allegations made by any third party that you have copied their work in some way. This is very unlikely to happen but if it does, we may suspend or even terminate your registration, at our discretion.
Our Warranties & Undertakings
We will provide you with access to the Gridset functionality as you need it from time to time, which will include the ability to embed your grids into your projects, subject to your compliance with these Terms. We warrant that the functionality will operate as described on the website but we reserve the right to add and remove functionality from time to time, as we see fit.
Should you come across an element of Gridset that is not operating correctly, please let us know by contacting us at email@example.com, telling us the nature of the error and the time and date at which it occurred. We will try to replicate the error and, should we be able to isolate and identify its cause, we will fix it as soon as reasonably practicable.
Where you are making use of our free services, we will use reasonable endeavours to keep downtime to a minimum but we give no warranties about this.
Where you are making use of our subscription services we will achieve a target service availability of not less than 99.5%, excluding planned interruptions. From time to time we will carry out maintenance on Gridset (including the server on which Gridset is hosted) and this may involve taking Gridset out of service for a short time time. We will aim to give you at least three days’ notice of any planned interruptions, but reserve the right to make interruptions on short notice in order to fix urgent, significant problems.
The warranties that we give are given by us alone. Your recourse as far as they are concerned is entirely as set out in these Terms. Any claim you might have for breach of warranty under these Terms or any other legal requirements that apply to our agreement with you must be addressed to us.
For our subscription services, your use is dependent upon your payment of the applicable fees in advance. These fees may be payable on a monthly, quarterly or annual basis – please see the website for details – but your access to subscription services depends on our receipt of the applicable fees in advance. If we do not receive payment, you will not gain access to the services.
For payment with credit card, Monotype will use all reasonable efforts to safeguard the confidentiality of your credit or debit card details through the use of encryption technology and firewalls. However, "faultless" security does not exist on the Internet. Your credit card number and contact information will be provided to our subscriptions processor Recurly and payment gateway Paypal at the time of purchase. The credit card company has its own privacy and data collection practices and we have no responsibility or liability for these independent practices. Recurly is a PCI-DSS compliant Service Merchant Provider, details can be found at http://recurly.com/security.
Monotype, through Recurly will hold your credit card details in order to facilitate the renewal of your subscription at the end of your subscription term. Prior to being debited for a subscription renewal you will receive two notices to the email address held in your My Account section giving you the opportunity to cancel your renewal. We will charge the subscription using the same card.
We may, at our discretion, terminate your subscription to our services on written notice to you. Such notice will include the date of termination and whether any refund is owed to you for payments you made in respect of a period extending beyond such termination date.
You can also terminate your registration at any time. Just drop us an email at firstname.lastname@example.org and we’ll sort out the details. Please bear in mind that if you have purchased a subscription service, we will not refund any fees you’ve paid for the month in which you terminate your registration.
Whether you or we initiate the termination, you will also need to cancel any direct debits, standing orders or repeat PayPal or credit card payments that you have set up. We will cancel at our end any direct debit arrangements we’ve set up with you but you should cancel them at your end too, just to be sure. The other types of payments we’ve highlighted only you can cancel and if you don’t, they will keep debiting to us until you do. We will refund any subscription fees that you’ve paid us accidentally since your termination took effect but only once we’ve received a written request from you (an email will be fine for this). Such refunds can only be to the account from which we’ve received payment and we reserve the right to deduct from such refunds any out-of-pocket expenses we incur in making the payment.
Following termination, your account will remain open – for you to use the grids you’ve purchased. Upon termination, we can delete your account by request. You will remain liable for any and all sums accrued and which are due prior to, on or after the effective date of termination. If you have cancelled your payment arrangements when we attempt to make collection, we will forward you an invoice for the outstanding sum, payable within 14 days.
WE WILL NOT BE LIABLE FOR ANY DEFICIENCY IN GRIDSET (INCLUDING ACCESS TO OR AVAILABILITY OF GRIDSET) THAT IS CAUSED BY OPERATOR ERROR, DEFICIENCIES OR ERRORS RELATING TO ANY THIRD PARTY COMPONENT NOT PROVIDED BY US OR THIRD PARTY CONNECTIVITY NEEDED BY YOU TO CONNECT TO GRIDSET OR TO CONNECT YOUR PROJECTS TO GRIDSET. WE WILL NOT BE LIABLE WHERE DIFFICULTIES YOU HAVE ENCOUNTERED ARE AS A RESULT OF YOUR USE OF GRIDSET FOR A PURPOSE FOR WHICH IT IS NOT INTENDED OR IN A MANNER THAT IS NOT CONSISTENT WITH THESE TERMS OR AS A RESULT OF YOUR NEGLIGENCE OR WILFUL MISCONDUCT.
WE WILL NOT BE LIABLE TO YOU FOR ANY FAILURE IN THE FUNCTIONALITY OR AVAILABILITY OF GRIDSET THAT IS DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.
Where any of our obligations under these Terms are sub-contracted by us to a third party, we will remain liable for the acts and omissions of those contractors as if they were our own.
OUR LIABILITY TO YOU IN RESPECT OF ALL OTHER CLAIMS, LOSSES OR DAMAGES, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS ARISING IN ANY CALENDAR YEAR COMMENCING ON THE COMMENCEMENT DATE OR AN ANNIVERSARY THEREOF (WHERE, FOR A SERIES OF CONNECTED CLAIMS, THE CALENDAR YEAR IN QUESTION SHALL BE THE FIRST SUCH YEAR OF THE FIRST EVENT GIVING RISE TO A CLAIM), SHALL IN NO EVENT EXCEED THE AGGREGATE OF ALL FEES PAID OR PAYABLE BY YOU IN THAT PERIOD.
SUBJECT TO PARAGRAPHS IMMEDIATELY PRECEDING AND FOLLOWING THIS ONE, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE; OR ANY LOSS OF PROFITS, TURNOVER, DATA, BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS OR DAMAGE TO GOODWILL (WHETHER DIRECT OR INDIRECT).
Nothing in these Terms shall act or be construed so as to act in any way to limit our liability for
- (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or sub-contractors (as applicable); or
- (b) fraud or fraudulent misrepresentation by us or our employees.
The use of Gridset complies with English law. You must make sure that using Gridset will not breach any applicable laws or regulations in whatever jurisdiction that you happen to be located in, if not England and Wales. We will not be liable should you fail, whether directly or indirectly, deliberately or accidentally, to comply with those laws and regulations and you will indemnify us for any loss or expense we incur as a result of dealing with any investigations, claims or other regulatory or civil action that occurs as a result of that failure.
We, which is to say, you and us, are independent businesses and we are not operating in any kind of partnership or in any kind of principal/agent or employer/employee relationship nor in any other kind of relationship of trust to each other.
In order to have the effect intended for them, some of the provisions of these Terms will survive the termination of your registration, howsoever that comes about.
If, for some reason, a court or regulatory authority decides that any part of these Terms is unenforceable, the remainder shall remain in force regardless.
Just because we do not insist on your compliance with any one or more of your obligations under these Terms does not mean that we waive our right to insist on that compliance at some later date.
There may be occasions when the law requires information that we give you or communications you wish to send us have to be in writing. Where that is the case, you agree that such communications and information may be transmitted electronically. Nevertheless, if you wish to write to us in hard copy, you may address your letter to the registered office address given at the top of these Terms. For the purpose of these Terms, you may deem that we have received that letter seven days after the date you have posted it (to give us the chance to collect it).
You recognise that your breach (or threatened breach) of these Terms may cause irreparable harm to us and that in such a situation, we are entitled to seek an injunction or other equitable relief to prevent that breach or further occurrences of that breach in future.
With regard to any indemnity given by you to us or us to you under these Terms, the party with the benefit of that indemnity will take all reasonable steps to reduce or mitigate the loss covered by that indemnity.
No person who is not a party to our agreement with you shall have any rights under the Contracts (Rights of Third parties) Act 1999 to rely upon or enforce any of the provisions of these Terms. However, this does not affect any right or remedy of the third party which exists or is available apart from that Act.
These Terms and our agreement with you are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the English Courts.