Effective date : June 1st 2023
DIV-RIOTS publishes and operates html.to.design (hereinafter the “Applications”), a software which allows users (the “Users”)to convert a website into fully editable Figma designs.
These terms and conditions of sale prevail over all other general or specific terms and conditions which have not been expressly approved by DIV-RIOTS.
2. Applications and Services operator, contact information
The Application and Services are operated by DIV-RIOTS, a société par actions simplifiée, registered with the registre du commerce et des sociétés of Nanterre under n° 880 139 449, the registered office of which is located at 14/30 rue de Mantes 92700 Colombes, France (hereinafter “DIV-RIOTS”).
DIV-RIOTS can be reached through the contact information below, especially with regard to any claim:
Mailing address: 14/30 rue de Mantes 92700 Colombes, France
Email address : email@example.com
3. Prohibited use
The User is prohibited to use html.to.design Applications and Services to compete or impact DIV-RIOTS’ activity.
For example, the User can’t:
- Distribute or monetize any sort of collection of designs generated by html.to.design Applications and Services.
- Use html.to.design generated designs to compete with any Application and/or Service operated by DIV-RIOTS.
If you are not sure or if you want to discuss a partnership, please contact us at: firstname.lastname@example.org
4. Duration of Services, termination
The Services are monthly or annual subscription-based services (hereinafter the “Subscription”).
The Subscription begins upon activation, provided that payment has been processed in accordance with Section 8 (“Financial conditions”) hereof, for the period of time selected by the User (hereinafter the “Initial Period”), from date to date.
It is then tacitly renewed, for successive periods of the same length as the Initial Period (hereinafter referred to, together with the Initial Period, as the “Periods”), from date to date, unless terminated by DIV-RIOTS or by the User, at the latest, 1 (one) day before the end of the current Subscription Period.
The User may unsubscribe:
- PRO subscribers can manage their subscription directly in Figma.
- PRO for Teams subscribers can manage their subscription in the html.to.design dashboard, or by sending an email for this purpose to DIV-RIOTS, whose contact details are set out in Section 2 (“Application and Services operator, contact information”) hereof.
Any started Subscription Period is due in its entirety.
DIV-RIOTS may terminate the Subscription of the User at any time and provide a refund for the rest of the period if applicable. When license violation is blatant and malicious, no refund will be issued.
5. Access to the Application and Services
5.1. Legal capacity
The Application and Services are accessible:
- to any legal person acting through a natural person who has the legal capacity to contract in the name of and on behalf of said legal person.
5.2 Application and Services must be used by a person
The Application and Services are designed and intended for professional use by a person. Bots, scripting or other forms of automated use are not permited.
6. Registration on the Application
There is no registration process in the Application. The Figma UID identifies the user anonymously during all the use of the Application and Services.
7. Acceptance of the general terms
7.1 Users who uses the Application accept these general terms automatically when they launch the Application (Figma plugin or Chrome extension).
7.2 Acceptance of these general terms must be unconditional. Any conditional acceptance is considered null and void. Users who do not agree to be bound by these general terms must neither access the Application nor use the Services.
8. Description of Services
The User may subscribe to Premium Services by subscribing to one of the Subscription packages offered by DIV-RIOTS under the conditions described in Section 3 (“Duration of Services”).
8.1 « Freemium » Services
The User may try “Freemium” Services in which they will have access to the Services, under limited conditions of use (e.g. no priority of service, or limited number of imports, etc).
As these conditions are subject to change, the User may refer to the detailed fee schedule that is available on the website, for more information.
8.2 « Premium » Services
The User may subscribe to “Premium” Services in which they will have access to the unrestricted Services, for a limited number of Users in accordance with the Subscription taken out.
8.3 Other Services
DIV-RIOTS reserves the right to offer any other Service it deems useful, in a form and with the features and technical means it will deem to be the most appropriate to provide said Services.
9. Financial conditions
9.1 Free Service
“Freemium” Services are available free of charge to the User.
9.2 Fees for “Premium” Services
Fees for “premium” Services or, where applicable, for Subscriptions are indicated on the Application.
Unless otherwise stated, they are expressed in U.S. Dollars and do not include taxes.
DIV-RIOTS reserves the right, at its free discretion and under its own terms, to make promotional offers or to grant discounts.
9.3 Fee adjustments
The fees referred to in Section 8.2 (“Fees for ‘Premium’ Services”) may be adjusted by DIV-RIOTS at any time, at its free discretion.
The User will be informed of these changes by DIV-RIOTS by any written means (and in particular by email) at least 2 (two) months before the new fees take effect.
Once implemented, the new fees apply when the Subscription is renewed.
Access to the Application results in invoices that are sent to the User, by any means available, once every Subscription Period.
9.5 Payment terms
The subscription fees are automatically charged to the User’s credit card.
For PRO subscriptions: Payment is processed by Figma, which itself keeps the User’s credit card information for this purpose. DIV-RIOTS does not have access to any information.
For PRO for teams subscriptions: Payment is processed by Stripe, which itself keeps the User’s credit card information for this purpose. DIV-RIOTS does not have access to credit card informations.
The Subscription fees are due and charged on the day of the Subscription, and then on the date of each renewal.
The User assures DIV-RIOTS that they have the necessary authorizations to use the chosen payment method. The User undertakes to take the necessary measures so that the automatic payment of the Subscription fees may be made.
The User expressly accepts that all obligations of payment of any amount of money arising between the User and DIV-RIOTS, that are not controversial as to their enforceability and amount, will automatically offset each other, whether the French “compensation légale” requirements are met or not. However, offsetting does not exempt the parties from their accounting obligations relating in particular to the issuance of invoices.
9.7 Payment defaults
The User is informed and expressly accepts that any late payment of any amount due on its due date will automatically result, upon receipt of the first formal notice by registered letter with acknowledgment of receipt and without prejudice to the provisions of Section 13 (“Sanctions for breach”), in:
- the acceleration of all of the outstanding fees due by the User and their immediate payability;
- the immediate suspension of ongoing Services until payment in full of all the sums due by the User;
- the billing for the benefit of DIV-RIOTS of a late interest at the rate of 1.5 times (one and a half) the legal interest rate, based on the amount of all sums owed by the User.
The User expressly acknowledges and accepts that:
- the data collected by the Application and DIV-RIOTS’ IT devices/systems demonstrate the authenticity of the transactions that have taken place under these general terms;
- this data is the main form of evidence admitted between the parties, particularly for the calculation of amounts due to DIV-RIOTS.
The User may access this data in their Personal Space.
11. Obligations of the User
Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations:
- The User undertakes to comply with the laws and regulations in force as well as not to infringe third-party rights or public order, in their use of the Services.
- The User acknowledges being aware of all the Services’ features and restrictions, including technical ones. The User alone is responsible for their use of the Services.
- The User alone is responsible for their use of the Services and in particular for the relationships they may develop with other Users as well as for the information they will pass on to them within the framework of the Services. It is the User’s responsibility to exercise appropriate caution and good judgement in these relationships and communications. The User also undertakes, in their interactions with other Users, to observe the rules of common courtesy.
- The User undertakes to make strictly personal use of the Services. As a result, the User refrains from assigning, granting, or transferring all or part of their rights or obligations hereunder to a third party, in any way whatsoever.
- The User undertakes to provide DIV-RIOTS with all the necessary information and, more generally, to cooperate actively with DIV-RIOTS for successful implementation of the terms thereof.
- The User alone is responsible for all contents, of any kind (editorial, graphic, audio, audiovisual, IT or other, including the name and/or image possibly chosen by the User to identify themselves on the Application) (hereinafter referred to as “Contents”), as well as the Components that the User disseminate within the framework of the Services.
- The User assures DIV-RIOTS that they have all the rights and permissions necessary to distribute these Contents and Components.
- The User agrees that such Contents and Components must be lawful, must not infringe public order, morals, or third-party rights, must not violate any legislative or regulatory provisions, and more generally, must not be likely to jeopardize the civil or criminal liability of DIV-RIOTS.
- The User thus refrains from disseminating, in particular and without this list being exhaustive:
- Pornographic, obscene, indecent, offensive or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist Contents,
- Counterfeit Contents or Components,
- Contents that are prejudicial to the image of a third party,
- Contents that are false, misleading or offering/promoting illegal, fraudulent or deceptive activities,
- Contents or Components that are harmful to third-party IT systems (such as viruses, worms, Trojans, etc.),
- and more generally, Contents or Components that may infringe third-party rights or be harmful to third parties in any way and form whatsoever.
- The User is informed and accepts that the implementation of the Services and of the Application requires that the User be connected to the internet and that the quality of the Services depends directly on this connection, for which the User alone is responsible.
- The User acknowledges that connecting through the Application may subject them to specific obligations, especially regarding tax and social matters.
- The User alone is responsible for proper completion of all administrative, tax and/or social formalities as well as for all payments of contributions, taxes or duties of any kind that are due by the User in connection with their use of the Services. Under no circumstances will DIV-RIOTS be liable in this regard.
12. Warranties of the User
The User guarantees DIV-RIOTS against all complaints, claims, actions and/or demands that DIV-RIOTS may suffer from as a result of breach by the User or Third-Party User of any of these general terms.
The User undertakes to indemnify DIV-RIOTS for any damage it may suffer and to pay for all resulting costs, expenses and/or fines.
13. Prohibited conduct
13.1 It is strictly prohibited to use the Services for the following purposes:
(a) carrying on activities that are illegal, fraudulent, or infringing on third-party rights or safety,
(b) violation of public order or violation of applicable laws and regulations,
(c) intrusion into the computer system of a third party or any activity likely to harm, control, interfere, or intercept all or part of a third party’s computer system, jeopardizing its integrity or security,
(d) sending unsolicited or canvassing emails,
(e) carrying out operations aimed at improving the referencing of a third-party website,
(f) assisting or inciting, in any way or form whatsoever, one or more of the abovementioned actions and activities,
(g) and more generally any practice that uses the Services for purposes other than those for which they were designed.
13.2 Users are strictly prohibited from copying and/or diverting the concept, technologies, all or part of the data, or any other element of the DIV-RIOTS Application for their own purposes or those of third parties.
13.3 The following are also strictly prohibited:
(a) any behavior likely to interrupt, suspend, slow down or hinder the continuity of the Services
(b) any intrusion or attempted intrusion into DIV-RIOTS systems
(c) any diversion of the Application’s system resources
(d) any action that may place a disproportionate load on the latter’s infrastructure
(e) any attack on security and authentication measures
(f) any action that may be infringing the rights and financial, commercial or moral interests of DIV-RIOTS or of users of its Application
(g) any violation of these general terms.
13.4 It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or to the Application, as well as to the information that is hosted and/or shared there.
14. Sanctions for breach
Should a User breach any provision of these general terms, or more generally, should a User violate any applicable law or regulation, DIV-RIOTS reserves the right to take any appropriate measure, including:
- to suspend access to the Services of the User who committed or participated in the breach or violation,
- to delete any Content or Component posted on the Application in connection with the breach or violation in question, in whole or in part,
- to post on the Application any informative message that DIV-RIOTS deems useful,
- to notify any competent authority,
- to take any legal action.
15. Liability and warranty of DIV-RIOTS
15.1 DIV-RIOTS undertakes to provide the Services diligently and professionally, it being specified that it is only subject to a best effort obligation, to the exclusion of any obligation to achieve a particular result, which the Users acknowledge and expressly accept.
15.2 DIV-RIOTS is not aware of the Contents and Components posted by the Users within the framework of the Services, on which it does not perform any moderation, selection, verification, or control, of any kind, and for which it only acts as a service provider.
Consequently, DIV-RIOTS may not be held liable for the Contents and Components the authors of which are third parties. Any possible complaint must first be directed to the author of the Contents or Components in question.
Contents and Components prejudicial to a third party may be sent to DIV-RIOTS in accordance with the terms provided for in Article 6 I 5 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy. DIV-RIOTS reserves the right to take the measures described in Section 13 (“Sanctions for breach”).
15.3 DIV-RIOTS acts as a broker in that it provides the Users with technical tools and resources to connect with other Users through the Application. Its liability is limited to the provision of these means, as described herein, and to bringing Users together.
DIV-RIOTS acts in its own name and does not enter into any legal act on behalf of Users who enter into contracts directly with each other.
DIV-RIOTS is not a party to the contracts entered into between the Users and may neither be held liable for any difficulties that may arise during the formation or performance of these contracts, nor be a party to any possible dispute whatsoever that may arise between Users notably with regard to products and/or services delivery, representations, warranties, and any other obligations whatsoever to which Users may be bound.
However, in order to constantly improve the quality of the Services, DIV-RIOTS invites the Users to share with DIV-RIOTS any comment and to provide DIV-RIOTS any information that they may wish to bring to its attention with regard to the quality of the operations carried out through the Services.
15.4 DIV-RIOTS does not guarantee Users any volume of business that they could do through the use of the Services.
15.5 DIV-RIOTS undertakes to carry out regular checks in order to verify the functioning and accessibility of the Application. For this reason, DIV-RIOTS reserves the right to temporarily shut down the Application for maintenance purposes. Similarly, DIV-RIOTS may not be held liable for technical issues or temporary unavailability of the Application caused by circumstances beyond its control, force majeure or disruptions to the telecommunications network.
15.6 DIV-RIOTS does not assure the Users that (i) the Services, which are subject to constant research in order to improve their performance and progress in particular, will be totally free from errors, defects or flaws, (ii) the Services, being standard and in no way offered solely to a given User based on their own personal constraints, will specifically meet their needs and expectations.
15.7 In any event, the liability that may be incurred by DIV-RIOTS under these general terms is expressly limited to only proven direct damages suffered by the User.
16. Intellectual property
16.1 Intellectual property of DIV-RIOTS
The systems, software, structures, infrastructures, databases and contents of any kind (text, images, visuals, music, logos, trademarks, databases, etc.) used by DIV-RIOTS in the Application are protected by all intellectual property rights or rights of database producers in force. All forms of disassembly, decompiling, decoding, extraction, re-use, copying and more generally, all forms of reproduction, representation, diffusion and use of any of these components, in whole or in part, without DIV-RIOTS’ authorization are strictly prohibited and may lead to legal proceedings.
16.2 Intellectual property of the User
The User acknowledges and agrees that, for the purposes of implementing the Services:
- The User agrees that their Contents and Components be distributed and reproduced for free by DIV-RIOTS on the Application for the sole purpose of implementing the Services.
- The User agrees that their Contents and Components be distributed by DIV-RIOTS by any means and on any medium for the sole purpose of providing the Services.
- The User acknowledges and accepts that the Contents and Components may be subject to modifications, in particular as regards their framing, their format and their colors, as well as to alterations or deteriorations in quality, depending on the technical constraints of the Application.
- The User renounces any right to ask DIV-RIOTS for any form of payment, fee, indemnity or financial offsetting in this respect.
17. Personal data
17.1 Protection of the User’s personal data
When the User visits the website in order to create their personal account, DIV-RIOTS acts as the data controller of the User’s personal data and processes it in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 as known as General Data Protection Regulation (hereinafter the “GDPR”).
For any information on personal data, the User may contact DIV-RIOTS by email at : email@example.com
17.2 Protection of Third-Party Users’ personal data
17.2.1 General provisions
As part of their contractual relationship, the User and DIV-RIOTS undertake to comply with all the laws and regulations in force regarding personal data processing, including the GDPR.
The data provided by the User to DIV-RIOTS for the purpose of performing the Services remain the sole property and under the sole responsibility of the User.
FREE and PRO use
In FREE and PRO use, the Service and Application doesn’t have access to any personal information about the User. Figma only provides an anonymous User Unique ID (Figma UID) and manages the payments of the User. No personal data about the User or payment information can be accessed by DIV-RIOTS.
PRO for teams use
In PRO for teams, the Service uses Stripe as a payment system. DIV-RIOTS has access to the name and email of the User that purchased the “PRO for teams” license in the Stripe system. Credit card information is only accessible by Stripe. DIV-RIOTS does not have access to credit card information.
17.2.2 Obligations of DIV-RIOTS towards the User
- Data processing:
As a processor, DIV-RIOTS undertakes to:
- process personal data only for the sole purpose(s) which is/are the subject of the processing;
- process personal data in accordance with the User’s documented instructions, including as regards transfers of personal data to a country outside the European Union.
If DIV-RIOTS considers that an instruction constitutes a violation of the GDPR or of any other provision of Union law or of Member States law relating to data protection, it must immediately inform the User.
In addition, if DIV-RIOTS is required to transfer data to a third country or to an international organization, under Union law or under the Member State law to which DIV-RIOTS is subject, DIV -RIOTS must inform the User of this legal obligation before processing, unless the law in question prohibits such information for important reasons of public interest.
- Other processors:
DIV-RIOTS is authorized by the User to use processors (hereinafter, the “Subsequent Processors”) to carry out specific processing activities. On the date of signature hereof, DIV-RIOTS is authorized to use the above-listed Subsequent Processors.
In case of addition or replacement of the above-listed Subsequent Processors, DIV-RIOTS notifies the User in advance and in writing. This information must clearly indicate the subcontracted processing activities, the identity and contact information of the Subsequent Processor as well as the dates of the subcontracting agreement. The User has a period of 15 (fifteen) calendar days from the date of receipt of such information to present their legitimate and well-founded objections. In the absence of notification of objections after this period, the User will be deemed to have authorized the use of said Subsequent Processor.
The Subsequent Processor is required to comply with the obligations of this Contract on behalf of and according to the instructions of the User. It is the responsibility of DIV-RIOTS to ensure that the Subsequent Processor provides the same sufficient guarantees as to the implementation of appropriate technical and organizational measures in such a manner that processing will meet the requirements of the GDPR. If the Subsequent Processor does not fulfill its obligations in terms of data protection, DIV-RIOTS remains fully responsible to the User for the performance by the Subsequent Processor of its obligations.
- Personal data transfer outside of Europen Union
DIV-RIOTS is authorized to transfer the personal data processed within the framework of the Contract hereof to countries outside the European Union, subject to the implementation of appropriate safeguards as defined in Chapter V of the aforementioned regulation.
- Provision of information
It is up to the User to provide the appropriate information to the Third-Party Users concerned by the processing at the time of data collection.
DIV-RIOTS undertakes to reply as quickly as possible to any request for information received from the User, whether in the context of a request for the exercise of their rights by data subjects, an impact assessment, or a request presented by the data protection authorities or the User’s data protection officers.
- Notification of personal data breaches
DIV-RIOTS notifies the Client of any personal data breach as soon as possible after becoming aware of it. This notification is accompanied by any useful documentation in order to allow the User, if necessary, to notify the competent supervisory authority of such violation.
- Security and confidentiality of personal data
DIV-RIOTS undertakes to implement appropriate technical and organizational measures to ensure the security, confidentiality and integrity of personal data, its storage as well as its restoration in the event of a physical or technical incident. DIV-RIOTS also ensures that the persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
- Data fate
After termination of the Services, DIV-RIOTS undertakes, to either return or destroy personal data, at the User’s choice. The return must be accompanied by the destruction of all existing copies in DIV-RIOTS’ IT systems, unless any applicable law requires their retention.
DIV-RIOTS provides the User with the necessary documentation to demonstrate compliance with all its obligations and to allow for audits, including inspections, to be conducted by the User or another auditor mandated by the User, and contribute to such audits. The User may carry out audits once a year and at their own expense. The User will inform DIV-RIOTS of the audit with a minimum notice of two (2) weeks. DIV-RIOTS reserves the right to refuse the appointment of an auditor who is from a competing company. The audit must be carried out during DIV-RIOTS’ business hours and in such a way as to avoid as far as possible interference with DIV-RIOTS’ business. The audit may not therefore interfere in any way whatsoever with (i) the technical and organizational security measures implemented by DIV-RIOTS, (ii) the security and confidentiality of DIV-RIOTS’ other clients’ data, (iii) or the proper running and organization of DIV-RIOTS’ production.
The User will also ensure that the auditor and, more generally, the audit staff are subject to appropriate confidentiality obligations.
Where possible, the User and DIV-RIOTS will agree in advance on the scope of the audit. The audit report will be sent to DIV-RIOTS in order to enable the latter to make observations or comments in writing, which will be attached to the final version of the audit report. Each audit report will be considered confidential information.
17.2.3 Obligations of the User towards DIV-RIOTS
As data controller, the User undertakes:
- to provide DIV-RIOTS with the personal data referred to above, to the exclusion of any irrelevant, disproportionate or unnecessary personal data as well as to the exclusion of any “special” data within the meaning of the GDPR, unless justified for processing reasons, provided that justification is established by the User who must take all appropriate measures for such data, in particular prior information, consent and security;
- to collect, under their responsibility, in a lawful, fair and transparent manner, the personal data provided to DIV-RIOTS for the performance of its services, and in particular, to secure the legality of this collection as well as of the information due to data subjects;
- to document in writing any instructions regarding the processing of data by the User;
- to ensure, beforehand and throughout the duration of the processing, compliance with the obligations provided for by the applicable legislation.
18. Force majeure
Under no circumstances will the parties be held liable for failure or delay in performance of these general terms due to a case of force majeure as defined by Article 1218 of the Civil Code and recognized by case law, including strikes, terrorist activities, riots, insurgencies, wars, government actions, epidemics, natural disasters, or faults attributable to a third-party telecommunications provider.
The occurrence of a case of force majeure suspends performance of these general terms upon receipt by one party of notice sent by the other via registered letter with acknowledgment of receipt.
If a case of force majeure, which prevents, delays, or hinders the performance of the obligations of a party, continues beyond a period of 30 (thirty) days, these general terms may be terminated, where appropriate, immediately and automatically, without legal formalities, by either party, by any written means, without any compensation to the other party.
DIV-RIOTS reserves the right to modify these general terms at any time.
The registered User will be informed of these modifications by any means available at least 7 (seven) days before they become effective.
If the User has taken out a Subscription, the modified general terms will apply as of the renewal date of such Subscription, once effective.
The User who does not accept the modified general terms must unsubscribe from the Services in accordance with the terms set forth in Section 3 (“Duration of Services, termination”).
The modified general terms apply immediately to non-registered Users who use the Services after they became effective. Unregistered Users are therefore advised to regularly check the last effective version of the general terms available on the Application.
The French language version of these general terms governs any conflict with a translation into any other language.
21. Governing law
These general terms are governed by French law.