Terms of Service
This End User License Agreement and Terms of Service (the “EULA”) is a binding contract between you, an individual user (“you”) and Andrea Jacoby Interiors LLC (AJI) governing your use of the InstaDesign Service (“Service”) introduced by the AndreaJacoby.com website:
By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.
Summary of Material Terms
You acknowledge the following:
- You consent to the collection, use, and disclosure of your personally identifiable information as is determined by AJI to create a design for your room(s).
- This website and Service is provided “as is” without warranties of any kind and AJI’s liability to you is limited.
- Disputes arising hereunder will be resolved by binding arbitration.
The Service allows users to access professional interior design services at a fraction of the typical cost. Each design is on a “per room” basis and includes an initial design based on the questions to the information collected on the Service questionnaire, additional more specific questions posted by AJI in email or other digital communication, a design rendering, suggestions and sources, and two revisions based on user remarks.
How We Collect and Use Information
We collect the following types of information about you:
- Information you provide us directly: We ask for certain information such as your design preferences, email address, real name, phone number and when you fill out the Service survey and when you correspond with us. We may also retain any messages you send. We use this information to operate, maintain, and provide to you the features and functionality of the Service.
- Information we may receive from third parties: We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook, by “following,” “liking,” one of our Social Media properties. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service. You should always review, and if necessary, adjust your privacy settings on third-party websites.
- Analytics information: We may directly collect analytics data, or use third-party analytics tools and services, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
- When you visit the Service, we may send one or more cookies: A cookie is a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets AJI help you enhance your navigation through the site. Cookies can be removed by following your web browser’s directions. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent.
- Log file information: Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.
- Commercial and marketing communications: We use the information we collect or receive, such as your email address, to communicate directly with you. We may send you emails containing newsletters, promotions, and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you Service-related emails (e.g., changes/updates to features of the Service, technical and security notices).
Use of certain service type information we collect about you
Sharing of Your Information
We will not rent or sell your information to third parties without your consent, except as noted below:
- We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as name and email address, and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.
Links to Other Websites and Services
Third Party Fees. Your may incur third party fees through use of the Service, such as fees charged by your Carrier for data usage. In addition, you may be subject to third party terms, through your use of the Service, such as your Carrier’s terms of service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the
Service, and you agree to pay all such fees and abide by all such terms.
The Design Service
To start the custom design plan, you must submit the Style Form and make a Payment. You will provide us photos of your space, and provide us additional information about your room and project. You will be afforded the opportunity to have a phone call or online chat with AJI. The designer will then provide you suggestions for your space as well as a shoppable list of products according to your service package selected. You may request two revisions.
Subscribing Entity. If you are using the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you:
(i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the EULA and (ii) agree to be bound by the EULA on behalf of such Subscribing Entity.
Children. No part of the Service is directed to persons under the age of 18 IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
i. Fees. The fee (the “Fee”) to be charged to Clients for each Custom Room Design will be set forth on the Service. The Fee is due and payable in advance of Client’s design or product recommendation process.
ii. Payments. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in U.S. Dollars.
iii. Taxes. Clients are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
iv. Refunds. The Service will provide refunds solely at AJI’s discretion.
v. Third Party Purchases. A Client is expected to purchase items recommended from third parties.
Changes to the Service We may change, suspend, or discontinue any aspect of the Service at any time, including availability of the Service or any feature, without notice or liability.
We are not responsible for any disputes or disagreements between you and any third party you interact as a result of using the Service. This includes disputes between you and vendors recommended by AJI as part of your design, installers, and movers.
You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release AJI of all claims, demands, and damages in disputes among the vendors recommended by the Service.
You also agree not to involve us in such disputes. Use caution and common sense when purchasing furniture and home products. AJI makes no representations or warranties as to the conduct of vendors.
IN NO EVENT WILL AJI BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH VENDORS OR OTHER PARTICIPANTS OF THIS SERVICE.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including Designs. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services recommended through the Service. Use the Service at your own risk.
We make no promises and disclaim all liability of specific results from the use of the Service.
Changes to the EULA
We may revise the EULA at any time by posting an updated version. You should visit this page periodically to review the most current EULA, because you are bound by it. Your continued use of the Service after a change to the EULA constitutes your binding acceptance of the EULA.
You agree to defend, indemnify, and hold harmless AJI from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party agreements or purchases, (ii) your use of or reliance on any AJI Content or Designs.