Platform Terms & Conditions
These Terms of Use (the “Terms”) are applicable to your use of the software platform and associated services provided to you by Texture Corporation (together with its affiliates, “Texture,” “we,” or “us”).
Please read these Terms carefully. By clicking “Accept”, “I Agree”, or a similar checkbox or button referencing these Terms, or by continuing to use the Platform or Services (as defined below), you will indicate your acceptance of these Terms. If you do not agree with these Terms, please do not proceed with, or promptly discontinue, your use of the Platform and Services.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 9 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND TEXTURE ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT, A TRIAL BY JURY, OR IN CLASS ACTIONS OF ANY KIND.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON TEXTURE’S LIABILITY ARE EXPLAINED IN SECTIONS 10 and 11.
SUBSCRIPTION SERVICES: TEXTURE WILL PROVIDE THE PLATFORM AND/OR SERVICES TO YOU IN ACCORDANCE WITH THESE TERMS WITHOUT ANY CHARGE UNTIL YOUR USAGE LEVEL REACHES THE THRESHOLD DEFINED IN SECTION 5. UPON REACHING THE USAGE THRESHOLD DEFINED IN SECTION 5 YOU WILL PROMPTLY PERFORM THE ACTIONS LISTED IN SECTION 5 TO PURCHASE SERVICES, FAILING WHICH WE MAY SUSPEND OR TERMINATE YOUR ACCESS TO THE PLATFORM AND SERVICES.
1. General Provisions.
1.1 Definitions. The following definitions apply to these Terms:
(a) “Content” means descriptions, information, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, audio clips or downloads, video clips, and written and other materials) that are made available to you through, or in connection with, the Platform or the Services.
(b) “De-identified Data” means information that (a) does not identify a specific natural person, (b) does not identify, by network internet protocol address, raw hardware serial number, or raw MAC address, a specific computing device associated with or used by a person, (c) does not identify you, and (d) is not reasonably linkable to a specific natural person due to technical, legal, or other controls.
(c) “Intellectual Property Rights” means any and all intellectual property rights, including registered or unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patents, utility models, rights in designs, copyrights, moral rights, topography rights, database rights, trade secrets, trademarks, service marks, trade names, domain name rights, know-how, rights of confidence, or other intellectual property rights, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world from time to time.
(d) “Platform” means the website made available to you by Texture (currently located at www.texturehq.com or any other successor website), all sub-domains including any sections of the website that are access restricted or behind a “pay-wall” (“Site”), mobile versions or renderings of the Site, and any associated mobile application, if any (“App”).
(e) “Pricing Page” means the webpage currently located at www.texturehq.com/pricing, or a successor webpage, as may be updated by Texture from time to time.
(f) “Services” mean all services offered by Texture through the Platform, including, without limitation, the ability to connect to, read and analyze data from, as well as monitor and respond to events from, users’ energy assets (such as batteries, thermostats, electric vehicle chargers, solar chargers, etc.) to enable control and optimization of energy consumption.
(g) “Third-Party Materials” means any third-party software, products, materials, or content that is made available to you by Texture, including through the Platform.
(h) “Your Information” means any (i) information, data, material or other content that you upload or transmit to the Platform, or otherwise provide to us, in connection with creation of your Platform account, and (ii) information related to you (including the location at which you are using the Services), any devices you connect to the Platform, and your operation and use of the Platform and Services, that is collected by us in course of providing the Platform and Services to you.
1.2 Updates to these Terms. Texture may update these Terms at any time by providing reasonable prior notice to you and asking you to re-confirm your acceptance of the updated Terms using any suitable means. Texture may notify you of the updated Terms by any reasonable means, including by posting the revised Terms on the Site or on the App. The updated Terms will apply to your use of the Platform and Services after the date on which Texture has posted the updated Terms or otherwise notified you of those changes. By confirming your acceptance of the updated Terms, or by continuing to use or access the Platform or Services after we post or otherwise notify you of any change, you agree to abide by the updated Terms. The “Last Updated” legend at the end of these Terms indicates the date on which these Terms were last updated.
1.3 Other Terms. Your access to the Platform and Services may also be subject to the terms of other documents entered into by you and Texture, including an Order Form and Supplements, as applicable, including pursuant to Section 5.
2. User Consents.
2.1 Your Information. You understand and acknowledge that we may collect, store, and use Your Information, in connection with your use of the Platform and Services, for operational management of the Platform, to make improvements to the Platform or Services, or as reasonably necessary for compliance with applicable law. As between the parties, You are solely responsible for providing any required notices, obtaining any required consents, and otherwise fulfilling any legal obligations applicable to any information relating to individuals that is contained within Your Information. You hereby grant to Texture a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, fully-paid, sublicensable, and transferable license and right to use, copy, display, modify, and distribute Your Information as needed for operation of the Platform and the Services, or to make improvements to the Platform or the Services. Any alterations, changes, modifications, enhancements, additions, restructuring, or deletions made to, or derivatives of or other products derived from, or as a result of our use of Your Information or otherwise arising in connection with the parties’ performance under these Terms shall be the sole and exclusive property of Texture, together with all Intellectual Property Rights and other rights therein. Further, you specifically agree and acknowledge that, Texture may collect, compile, analyze and otherwise use de-identified statistical data prepared using Your Information (including your use of the Platform and Services), as well as other data that qualifies as De-identified Data related to you for any business purpose (collectively “Analytics”). Texture is not obligated to pay you for its use of Analytics and Analytics are not subject to any confidentiality or data deletion requirements.
2.2 Electronic Communication. You hereby agree to receive electronic communication from Texture, including via text, email, and messages posted to the Platform. You agree that any electronic communication from Texture satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to Texture, including, without limitation, by posting to the Platform, email or otherwise, are and will be treated as non-confidential and non-proprietary. Any notice you provide to Texture must be in accordance with Section 13 of these Terms.
3. Your Representations. You represent and acknowledge that:
(a) You have the legal power and authority to agree to these Terms, you are at the age of majority in the jurisdiction of your residence, have the legal capacity to enter into contracts and have neither falsely identified yourself nor provided any false information to us;
(b) If you are accessing and/or using the Platform or Services on behalf of another person or a business, you have the authority to agree to these Terms on behalf of such person or business. You understand that we are relying on your representation, and that proceeding without such authority is an intentionally deceptive act;
(c) You will only use the Platform and Services for its intended use (as generally understood and as provided in and in accordance with any related documentation provided to you or made available on the Platform);
(d) You will not access or use the Platform or Services in a manner that violates any applicable law;
(e) You are not located in a country that is subject to a U.S. government embargo, has been designated by the U.S. Government as a “terrorist supporting” country, and/or listed on any government list of prohibited or restricted parties;
(f) You will not upload to the Platform any content or materials that (i) are misleading, abusive, obscene, profane, or offensive in nature, (ii) violates anyone’s right of publicity or right of privacy, (iii) are threatening, bullying, or harassing, or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, (iv) promote or encourages violence, (v) are inaccurate, false or misleading in any way, (vi) are illegal or promotes any illegal activities, (vii) promote illegal or unauthorized copying of another person’s copyrighted work, or (viii) contain advertising, promotional materials or links, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(g) You will not upload any content or materials to the Platform that contain software viruses or any other computer code, files or programs that may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) You will not sell, resell, rent, transfer, or provide to any third party (e.g. service bureau or outsourcing), your access to the Platform or Services (such as in a service bureau setting), or use any spiders, crawlers, framing, or data mining tools to access any Content;
(i) You will not modify, reverse-engineer, or de-compile the Platform or Services in any manner through current or future available technologies. Further, you will not copy, translate, transmit, display, port, distribute, modify, attempt to derive, or gain access to source code of, or make derivatives of the Platform or Services, nor permit or assist anyone in performing such prohibited acts. You will not access the Platform or Services with the intent to develop or market a competing service, or to enable a third party to do so;
(j) You will not use the Platform or Services in a way that is intended to (i) cause damage or adversely affect the Platform or Texture servers, including by breaching any security protocols or through use of denial of service tools; or (ii) circumvent, endanger, disrupt, or interfere with the operation, security, usage limits, or integrity of the Platform;
(k) You will only submit Your Information when you have the right to share such data. You are solely responsible for complying with all applicable laws and consent requirements related to collection and sharing of Your Information; and
(l) If you permit any of your customers, employees, contractors, or agents (collectively, “Authorized Users”) to access the Platform or Services, you are responsible for ensuring that the Authorized Users use the Platform and/or Services in compliance with these Term. You will be liable to Texture for any acts or omissions of the Authorized Users that result in a breach of these Terms.
4. Access Credentials.
4.1 Account Setup. In order to use the Platform and/or the Services, you may be required to create an account on the platform together with applicable access credentials. You are solely responsible for maintaining the confidentiality of your access credentials, and for all activities that occur on the Platform using your access credentials. You agree to prohibit anyone else from using your access credentials, log-out of your account after each usage session, and agree to immediately notify Texture of any actual or suspected unauthorized use of your access credentials or other security concerns of which you become aware. Texture may utilize additional security measures from time to time to prevent unauthorized access to your account on the Platform, including the use of multi-factor authentication methods. Your access to the Platform or Services and your access credentials may be revoked, suspended, or terminated by Texture at any time with or without cause.
4.2 Account Conditions. When registering an account, you will: (a) provide true, accurate, current, and complete information about yourself as prompted by the platform’s account activation procedures; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. We reserve the right to not activate your account, or to suspend or terminate your account for any duration once activated, if we have grounds to suspect that your account information is untrue, inaccurate, not current, or incomplete, or if we suspect that your account has been used to engage in deceptive, fraudulent, or illegal activity, to violate any of our policies or notices pertaining to the Platform or Services, or in a manner that poses a risk of any kind to the Platform. No suspension or deactivation of your account will limit or otherwise waive any other recourse or remedy that we may have against you.
5. Network Sizing.
Typically users start using the Platform at the “Starter” level of usage. If your usage of the Platform reaches the “Liftoff” level, as provided in the Pricing Sheet, you will be required to provide a payment method to Texture in order to pay the fees listed on the Pricing Sheet to continue your use of the Platform and Services. Texture will notify you through the Platform or another reasonable means, when your usage reaches this level. Please note that your payments on the Platform may be subject to additional third-party processor terms, as applicable.
Network size and usage is determined by normalized grid capacity of a user's total devices on the platform. Normalized grid capacity is a term of art and is determined at the sole discretion of Texture and is meant to be representative of only and does not, and is not intended to, reflect actual device capacity. Texture has outlined the normalized grid capacity as seen below, and can be found on texturehq.com/pricing. This is subject to change at our sole discretion. Normalized grid capacity: Device Class 1 where each device represents 1kW normalized capacity (Thermostat, solar inverter, meter, pool pump); Device Class 2 where each device represents 2kW normalized capacity (Level 1 charger, heat pump, water heater); Device Class 3 where each device represents 3kW normalized capacity (Level 2 charger, EV, battery); Device Class 4 where each device represents 20kW normalized capacity (Level 3 charger) Any device not represented in the Classes above is subject to custom pricing.
If your usage of the Platform reaches the “Scale” level, as provided in the Pricing Sheet, Texture will notify you through the Platform or another reasonable means. Upon receipt of such notice, you must enter into an Order Form with Texture to continue to use Platform and Services at custom pricing agreed to with Texture, as documented on the Order Form. If you fail to promptly provide a payment method to Texture or enter into an Order Form, as applicable, upon your receipt of a notice from Texture, we may suspend or terminate your access to the Platform or the Services.
6. Payments.
If you are required to make any payments to Texture for your use of the Platform or Services, such payments are processed on a monthly basis, with invoices sent on the first day of each month and settled in arrears. This methodology facilitates necessary accommodations in the event of customers upgrading to the next pricing tier, whereby payment adjustments are granted a 30-day grace period. Moreover, upon entering a paid tier (Liftoff, Growth, Scale), customers enter into a binding commitment of 12 months' duration. Automatic renewals are executed, while non-renewals or contract renegotiations are permissible upon providing a 30-day notice prior to the contract's expiration.
Upon upgrading to a paid tier, you will be prompted to enter payment information. Automatic payment method (such as credit card or ACH) for making such payments, Texture will automatically charge your chosen payment method for any such fees. YOU HEREBY AUTHORIZE TEXTURE OR ITS AGENT TO CHARGE THE PAYMENT METHOD SUPPLIED TO TEXTURE FOR: (I) THE APPLICABLE SUBSCRIPTION FEES (ONE TIME AND RECURRING), (II) ANY AND ALL APPLICABLE TAXES, AND (III) ANY OTHER CHARGES INCURRED FOR ANY PROFESSIONAL SERVICES RECEIVED BY YOU UNDER A SEPARATE AGREEMENT OR STATEMENT OF WORK. Past due payments will incur a late payment charge, until paid, at the rate of 1.5% per month or the maximum amount permitted by law, whichever is less. All payments are non-refundable.
All payments made by you are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including sales, use, and value added taxes), and you are responsible for the payment of all such charges, excluding taxes based on Texture’s income. All amounts due under these Terms will be grossed-up for any applicable withholding taxes.
7. Term and Termination.
These Terms will become effective on the date you accept them by clicking “Accept”, “I Agree”, or a similar button or through another acceptable means, and will continue for the duration of your use of the Platform or the Services. Texture may, at any time, in its sole discretion, and without notice to you, terminate your access to the Platform and/or Services, or any portion of it. Further, Texture may, at its sole discretion, at any time without prior notice to you: (a) change, restrict, or suspend your access to the Platform, or any portion of the Platform; (b) modify, restrict, or remove the Services, or any part thereof, or (c) add, remove, or modify any other services or functionality that are available through the Platform. Termination within the 12-month period is permissible by initiation from the customer, but subject to payment of a two-month termination fee equal to your monthly pricing tier.
Upon termination, or deactivation of your user account for the Platform, any stored information (including Your Information), entered or accepted by you into account will be deleted. Upon deactivation of your account, you will no longer be able to view or retrieve such information.
8. Ownership.
Texture shall continue to own and retain all right, title, and interest, including all related patents, copyrights, trademarks, trade dress, and other Intellectual Property Rights, in and to (i) the technology or materials used for, or incorporated into, the Platform, (ii) all Content, and (iii) the Services, and in each case to any modifications, enhancements, or derivatives thereto. You will not copy, reproduce, or disclose any Content provided to you or use any branding or logos used in the Platform, the Services, or the Content, without Texture’s prior written consent.
Any feedback provided to us by you regarding the Platform, Content, the Services or any other aspect of our business or operations, including all Intellectual Property Rights therein, shall become our sole and exclusive property. You hereby irrevocably assign to us all right, title, and interest in and to such feedback and agree to provide us with any assistance that we may require to document, perfect, and maintain our rights in the feedback.
9. Disputes and Governing Law.
9.1 Governing Law. Any disputes arising in connection with the Platform, the Services, or these Terms shall be governed by, construed, and enforced solely and exclusively in accordance with the laws of the State of New York, without regard to its conflicts of law principles.
9.2 Dispute Resolution. You and Texture both agree to provide a written notice of any disputes to the other party at its notice address (or an address provided in writing to the other party) and try to resolve any disputes in good-faith thereafter arising from or in connection with the Platform. If any dispute arising in connection with the Platform is not resolved, within 30 days of a party providing notice to the other party, either party may choose to have the dispute resolved through individual, non-representative, binding arbitration conducted in English, instead of a proceeding in courts of general jurisdiction. Any disputes will be decided by a single arbitrator and will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures and as modified by this agreement to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Texture that an in-person hearing is appropriate. Any in-person appearances will be held in New York County, New York. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses.
9.3 Waiver of Right to Jury Trial and Class Action. YOU AND TEXTURE EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION. Notwithstanding the parties’ decision to resolve all disputes through arbitration, Texture may bring an action in a state, provincial or federal court to protect its Intellectual Property Rights. Seeking such relief shall not waive Texture’s right to arbitration under these Terms.
10. No Warranties.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN THESE TERMS, THE PLATFORM AND THE SERVICES ARE PROVIDED "AS-IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. YOU USE THE PLATFORM AND THE SERVICES AT YOUR OWN RISK. TEXTURE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR USE, QUIET ENJOYMENT, ACCURACY, OPERATION, COMPLIANCE WITH DOCUMENTATION AND NON-INFRINGEMENT RELATED TO THE PLATFORM AND THE SERVICES. TEXTURE FURTHER DISCLAIMS, AND THESE TERMS DO NOT INCLUDE, THE PROVISIONS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, THE UNIFORM COMMERCIAL CODE, THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AND ANY OTHER PROVISIONS OTHER THAN THESE EXPRESS TERMS.
TEXTURE DOES NOT MAKE ANY WARRANTIES THAT THE PLATFORM, THE SERVICES, OR THE CONTENT WILL MEET YOUR REQUIREMENTS, PROVIDE ACCURATE INFORMATION, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. TEXTURE MAKES NO WARRANTY RELATED TO THE CONFIDENTIALITY AND SECURITY OF ANY DATA PROVIDED BY YOU TO TEXTURE, INCLUDING YOUR INFORMATION. TEXTURE DOES NOT WARRANT ANY THIRD-PARTY MATERIALS INCLUDING SOFTWARE, PRODUCTS, SERVICE OR DATA THAT YOU MAY USE IN CONNECTION WITH THE PLATFORM OR OTHERWISE, WHETHER OR NOT SUCH THIRD-PARTY MATERIAL IS DESCRIBED IN, AVAILABLE ON, OR CAN BE CONNECTED TO, THE PLATFORM OR MADE AVAILABLE BY TEXTURE.
THE CONTENT AND INFORMATION CONTAINED IN OR MADE AVAILABLE THROUGH THE PLATFORM, AS WELL AS THE TRANSACTIONS AND OTHER FEATURES PERFORMED ON THE PLATFORM, CANNOT REPLACE OR SUBSTITUTE FOR THE SERVICES OF QUALIFIED PROFESSIONALS IN ANY FIELD, AND NOTHING CONTAINED ON THE PLATFORM SHOULD BE TREATED OR CONSTRUED AS PROFESSIONAL ADVICE ON FINANCIAL, TAX, OR LEGAL MATTERS. YOU ARE SOLELY RESPONSIBLE FOR THE OUTCOMES AND RESULTS OF ANY PURCHASE, SALE, OR OTHER TRANSACTION THAT YOU CONDUCT VIA, OR IN RELIANCE ON, THE PLATFORM.
11. Liability Limitations.
In no event shall Texture, its affiliates, agents, or contractors be liable for any consequential, punitive, incidental, or special damages, including, but not limited to, any personal injury, property damage, or unauthorized disclosure of your data, whether in any action in warranty, contract, tort, breach of contract, negligence, strict liability, malpractice, or otherwise resulting from your use, or inability to use, the Platform. To the fullest extent allowable under applicable law, Texture’s maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, arising from these Terms and/or your use of the Platform or any Services will not exceed the greater of (i) $500, or (ii) the fees paid by you to Texture in the 12 months prior to your initial claim.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.
12. Your Indemnification.
Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless Texture, our affiliates, licensors, suppliers and other contract relationships (including the officers, directors, employees, consultants, and agents of each) (the “Indemnified Parties”) from and against any and all third-party claims (including, without limitation, any claims from the providers of any devices you connect to the Platform, your utility providers, or any governmental agency), liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such Indemnified Parties may incur as a result of or arising from (a) any data, information you submit to the Platform or otherwise provide to Texture (including Your Information), (b) your use of the Platform, or the Services, (c) your violation of these Terms or any applicable law, or (d) your violation of any rights of any other person or entity.
13. Notices.
You may provide notice to us by emailing us at legal@texturehq.com. Any notice sent by you via email is deemed to be delivered upon your receipt of an electronic read receipt or delivery receipt or upon confirmation of receipt from us.
14. Severability.
If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, those provision or part thereof will be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of the Terms will remain in full force and effect.
15. No Third-Party Beneficiaries.
No provisions of these Terms create any third-party beneficiary.
16. Survivability.
The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of or access to the Platform survive termination of these Terms, including, without limitation, provisions related to indemnification and limitations of liability.
17. Assignment.
Your obligations and rights under these Terms may not be assigned, in whole or in part, without Texture’s prior written consent. These Terms will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties.
18. Publicity.
Texture and you each grant to the other party the non-exclusive, royalty-free, and fully-paid license to use and display its name and current trademark brand or logo in the other party’s customer lists, advertisements, and other marketing materials factually describing such party as a partner of the current party; provided that each party will cease any such uses upon receipt of a written request from the other party.
19. Apple iOS.
If you use the App on an Apple phone, mobile device or other device running iOS, you and Texture acknowledge that these Terms are concluded between you and Texture only, and not with Apple, and that Apple, and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be considered to have accepted that right) to enforce these Terms against you as a third-party beneficiary of these Terms. Subject to these Terms, Texture, not Apple, is responsible for addressing any claims you may have relating to the App, your possession or use of the App, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation, and (iv) claims related to payment and refund of any payments made by you for your use of the Platform, as applicable. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund any fee you paid for the App to you, for the duration of the subscription when the App was non-compliant. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. In addition, Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s Intellectual Property Rights, subject to these Terms, Texture, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
20. International Use.
Although the Platform and the Services may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States and the European Union and accessing them from territories where such services are illegal is prohibited. Those who choose to access this site from locations outside the United States and the European Union do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited. You will not access, download, use, export, or re-export, directly or indirectly, the Platform or Services to any entity, government, location, territory, or person prohibited by export laws from receiving the Platform or Services (including, without limitation, to any end user in a U.S. embargoed country or territory or an end user included in OFAC’s list of specially designated nationals or the U.S. Commerce Department’s entity list or denied persons list) without first complying with all export laws that may be imposed by the United States or any other country in which you operate. For purposes of this Section 18, “export laws” means the export control laws and regulations of the United States (including, the U.S. Export Administration Act and Office of Foreign Asset Control (“OFAC”) regulations) and other jurisdictions.
