Welcome to Tokens Studio!
These terms and conditions govern your use of the Tokens Studio plugin and web pages located at tokens.studio
ARTICLE 1. | DEFINITIONS
The following definitions shall apply for the purposes of these general terms and conditions in so far as nothing else applies based on the nature or purport of their provisions:
Agreement/Contract: any agreement/contract between Tokens Studio and a Client for the purposes of the former providing services to the latter;
Client (singular): any natural person or legal entity with whom or which Tokens Studio has entered or envisages entering into an Agreement;
Tokens Studio: the company with limited liability Hyma B.V, trading under the name of Tokens Studio and Figma Tokens, having its registered office at Lage Gouwe 92 in (2801 LJ) Gouda, the Netherlands, and registered in the commercial register under Chamber of Commerce Number 59750502, to be contacted at support@tokens.studio;
In Writing/Written: a communication in writing, by email or any other means of communication, which may be held to be similar to them having regard to the state of the art and generally accepted standards.
Parties: Tokens Studio and a Client jointly.
Purchase: the purchase of any product of service made available through the Service.
Service(s): The services provided by Tokens Studio
ARTICLE 2. | SCOPE OF APPLICATION
These general terms and conditions shall govern all offers, Contracts and undertakings made or given by or concluded between Tokens Studio and a Client, as well as the execution thereof and any services which Tokens Studio provides to them.
Tokens Studio explicitly rejects the application of a Client’s general terms and conditions, howsoever they may be called.
These general terms and conditions shall also govern any Agreement for the purposes of whose execution Tokens Studio engages another party. Such other party may rely directly on these general terms and conditions in relation to the relevant Client.
The provisions of these general terms and conditions may only be derogated from In Writing. An amendment and/or deviation from these general terms and conditions will only be valid if confirmed In Writing by Tokens Studio.
In the event that there is a conflict between the general terms and conditions of Tokens Studio and an Agreement, what is stipulated in the latter shall prevail.
The nullification or nullity of one (1) or more provisions of these general terms and conditions shall not affect the validity of any of its other clauses. Where such a situation arises, the parties shall have a duty to enter into consultation with each other for the purposes of arranging to replace the affected clause. Consideration shall be given to the purpose and purport of the original provisions in this respect.
Tokens Studio shall be entitled to amend these general terms and conditions unilaterally. Any amendment shall come into effect one (1) month after notice of it is given on a date subsequently stipulated by means of a written notice to this effect or a notice published on the website of Tokens Studio. In the event that a Client declines to consent to an amendment of these general terms and conditions, until the time when such amendment is scheduled to come into effect, they shall be entitled to cancel the relevant Agreement by means of a registered letter as at the date on which the amended provisions are scheduled to come into effect. A Client shall be deemed to have tacitly consented to an amendment after the time when it comes into effect.
In these general terms and conditions, for the sake of readability, the Client is referred to in the masculine form. Wherever “he” is mentioned, “she” is also meant.
ARTICLE 3. | ACCOUNTS
Client can create an account to use the services of Tokens Studio.
Client guarantees that his account is managed exclusively by Client himself, or at least by persons authorized by Client to do so and who are irrevocably and unrestrictedly authorized to represent Client to perform legal acts on his behalf towards Tokens Studio.
When the Client creates an account, he guarantees that he is above the age of 18, and that the information the client provides is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of the account of Client.
Client himself is fully responsible and liable for all actions performed using Client's account. Client is solely responsible for Login data including passwords. Misuse of the account is always at Client's risk and Tokens Studio is not liable for any damage resulting from misuse. Legal acts on behalf of Client in which Tokens Studio has been acting in good faith must at all times be complied with by Client towards Tokens Studio.
Client is solely responsible for maintaining the confidentiality of Login Data. As soon as Client knows or has reason to suspect that Login Data have come into the hands of unauthorized persons, Client is obliged to immediately inform Tokens Studio of this and Client is obliged to take effective measures among others to limit damage, such as changing (or having changed) Login Data. Tokens Studio is not liable for damages resulting from any unauthorized access to or use or misuse of Client's account by anyone, including unauthorized persons or third parties in a general sense.
Client is expected to change the password associated with the Login Data from time to time. Tokens Studio may request Client to change passwords at any time, which request Client shall comply with.
Tokens Studio has an obligation of means with respect to Client's use of the account. Client accepts that the account only contains the functionalities and features as Client finds them at the time of use, unless it is not possible for Client to use the core of Tokens Studio' performance.
Tokens Studio is entitled at any time, without prior notice and without being or becoming liable for damages or liability to the Client in any way, to modify and/or (temporarily) terminate the (content or functionalities of the) account and the account setting of the Client and to, without prior notice, carry out maintenance thereon.
If Client's account is (temporarily) unavailable, for example due to a technical failure, Tokens Studio is not liable for the consequences thereof, unless such failure is the result of intent or gross negligence of Tokens Studio or its employees.
ARTICLE 4. | CLIENT’S OBLIGATIONS AND PROHIBITED USES
Client shall have a duty to present any information which is reasonably relevant for the purposes of structuring and executing an Agreement to Tokens Studio as promptly as is possible and required for the purposes of structuring and executing (or continuing to execute) the Agreement.
Client shall warrant that any information, which is supplied by them or on their behalf, is accurate and complete.
A Client shall be required to carry out any instructions or directions issued by Tokens Studio immediately and to ensure the timely supply to the latter at their own initiative of any information, which the Client suspects or could suspect would be important or useful for the purposes of Tokens Studio executing the Agreement in question.
In the event that any information that is sought is not provided to Tokens Studio on time, the latter shall be entitled to suspend the work to be carried out for the purposes of executing the relevant Agreement and/or to charge the Client for any loss suffered pursuant to any delay in accordance with its normal rates.
A Client shall not be permitted to assign their rights and duties pursuant to an Agreement or these general terms and conditions to another party without the prior written consent of Tokens Studio.
Client may use the service of Tokens Studio only for lawful purposes and in accordance with these terms and conditions. Client agrees not to use the services of Tokens Studio:
In any way that violates any applicable national or international law or regulation;
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation;
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity;
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability
In addition to the previous Clause, Client agrees not to:
Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party's use of Service, including their ability to engage in real time activities through Service;
Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service;
Use any manual process to monitor or copy any of the material on Service or for any other unauthorised purpose without our prior written consent;
Use any device, software, or routine that interferes with the proper working of Service;
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service;
Attack Service via a denial-of-service attack or a distributed denial-of-service attack;
Take any action that may damage or falsify ratings of Tokens Studio;
Otherwise attempt to interfere with the proper working of Service
ARTICLE 5. | EXECUTION OF AN AGREEMENT
Tokens Studio shall execute any Agreement to the best of its understanding and ability. Tokens Studio shall at all times only have a duty of care.
The parties are aware that the success of a Contract depends on the effort made on both sides, proper communication and close collaboration with each other. As such, a Client shall provide every reasonable form of assistance which may be expected of them when requested to do so by Tokens Studio.
In the event that and in so far as this is required to ensure that an Agreement is executed properly, Tokens Studio shall be at liberty to arrange for other parties to carry out specific work.
Should it become clear during the execution of an Agreement that an amendment of or addendum to it is required for the purpose of its execution, the parties shall proceed with the timely amendment of the Agreement in consultation with each other.
Where a deadline is agreed to or stipulated for the performance of specific work, it shall be indicative and shall under no circumstances constitute a material deadline. A failure on the part of Tokens Studio to meet a deadline shall never result in it having a duty to provide compensation.
ARTICLE 8. | LOSS, LIABILITY AND WARRANTY
Tokens Studio shall only have a duty of care towards a Client.
The Service(s) are provided by Tokens Studio on an “as is” and “as available” basis. Tokens Studio makes no representation or warranties of any kind, express or implied, as to the operation of the Service, or the information, content or materials included therein. The Client expressly agrees that the use of the Service, its content and any service or item obtained from Tokens Studio, is at the sole risk of the Client. Neither Tokens Studio nor any persons associated with Tokens Studio makes any warranty or representation with respect to the completeness, security, quality, accuracy or availability of the Service. Without limitation to the foregoing, neither Tokens Studio nor anyone associated with Tokens Studio represents or warrants that the Services, their content, or any Services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the Services or any services or items obtained through the services will otherwise meet your needs or expectations.
Any liability on the part of Tokens Studio shall be confined to the direct, material loss which has been suffered due to any non-compliance for which it may be held liable.
In the event that Tokens Studio defaults on the execution of an Agreement with a Client, it shall never be liable for any indirect loss suffered by the Client, which in particular is deemed to include but is not confined to consequential loss, such as loss of earnings or turnover, forgone savings, the disruption of business or any harm caused to another party.
Under no circumstances shall Tokens Studio be liable for any loss whatsoever which is due to a bug in any software which it uses or any other computer program, or any loss which is suffered because it cannot be used in its entirety or without interruption.
In the event that Tokens Studio is liable for any loss, its liability shall be confined to the sum equivalent to the fee which Tokens Studio has received for the Service in accordance with the relevant Contract.
Where a Contract is a continuing performance agreement with a term in excess of one (1) year, the maximum amount mentioned in the foregoing clause shall comprise a one-off sum equal to what the Client was charged during the twelve (12) months preceding the occurrence of the loss concerned.
Under no circumstances shall the overall compensation payable for a loss pursuant to this article exceed €10,000.00 in the case of each occurrence, where a series of related occurrences shall be deemed to constitute a single occurrence.
Any loss for which Tokens Studio may be held liable in accordance with these general terms and conditions must be reported to Tokens Studio In Writing as soon as possible but no later than fourteen (14) days after it occurs. Any loss of which notice is not given by the aforementioned deadline shall not qualify for compensation, unless the relevant Client can show that it is reasonable to assume that it was impossible for them to report it sooner.
Tokens Studio shall not be liable for any loss suffered by a Client because it acted on the basis of inaccurate or incomplete information supplied by the Client or another party.
Tokens Studio shall be entitled to engage another party and avail itself of the latter’s services or products for the purposes of providing services and carrying out work. Nevertheless, Tokens Studio remains liable for the consequences of acts or omissions of that third party.
A Client shall indemnify Tokens Studio against any claim made by another party – in relation to a loss suffered by such other party, amongst other things – pursuant to the use of any goods, files and/or services which Tokens Studio has supplied to the Client and/or placed at the latter's disposal.
Any limitation of liability pursuant to these general terms and conditions shall not apply where a loss is caused by a deliberate act or omission, or wilful recklessness on the part of Tokens Studio.
ARTICLE 10. | SUSPENSION AND CANCELLATION
Client shall have a duty to present any information which is reasonably relevant for the purposes of structuring and executing an Agreement to Tokens Studio as promptly as is possible and required for the purposes of structuring and executing (or continuing to execute) the Agreement.
Client shall warrant that any information, which is supplied by them or on their behalf, is accurate and complete.
A Client shall be required to carry out any instructions or directions issued by Tokens Studio immediately and to ensure the timely supply to the latter at their own initiative of any information, which the Client suspects or could suspect would be important or useful for the purposes of Tokens Studio executing the Agreement in question.
In the event that any information that is sought is not provided to Tokens Studio on time, the latter shall be entitled to suspend the work to be carried out for the purposes of executing the relevant Agreement and/or to charge the Client for any loss suffered pursuant to any delay in accordance with its normal rates.
A Client shall not be permitted to assign their rights and duties pursuant to an Agreement or these general terms and conditions to another party without the prior written consent of Tokens Studio.
Client may use the service of Tokens Studio only for lawful purposes and in accordance with these terms and conditions. Client agrees not to use the services of Tokens Studio:
In any way that violates any applicable national or international law or regulation;
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation;
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity;
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability
In addition to the previous Clause, Client agrees not to:
Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party's use of Service, including their ability to engage in real time activities through Service;
Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service;
Use any manual process to monitor or copy any of the material on Service or for any other unauthorised purpose without our prior written consent;
Use any device, software, or routine that interferes with the proper working of Service;
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service;
Attack Service via a denial-of-service attack or a distributed denial-of-service attack;
Take any action that may damage or falsify ratings of Tokens Studio;
Otherwise attempt to interfere with the proper working of Service
ARTICLE 11. | CLAIMS AND COMPLAINTS
Tokens Studio must be notified of a complaint concerning the Service within five (5) working days after the Client discovers or should reasonably have discovered any deficiency and in this respect the Client shall be required to stipulate the nature of such deficiency, submitting proof of it, and how they discovered it. Failure to meet this deadline shall cause all claims to lapse.
Any claim pertaining to the value of an invoiced amount must be submitted to Tokens Studio within fourteen (14) days after the relevant invoice date. Failure to meet this deadline shall cause all claims to lapse.
A Client shall remain liable for timely payment to Tokens Studio even where they submit a timely claim.