Welcome to the My Sketcher, a website and an application operated by CEDREO SARL (“us,” “we,” or “CEDREO SARL”). By accessing, using or downloading any services and content, included on the website, provided by CEDREO SARL (collectively the “service” or “My Sketcher”), or any portion thereof, you (the “user”) are confirming that you have read, understand and agree to be bound without limitations or qualifications by the following terms and conditions (the “Terms of Use” or “Agreement”), whether or not you are a customer or registered user of the My Sketcher service.

CEDREO SARL reserves the right to modify these Terms of Use from time to time without notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Use at any time at www.mysketcher.com/en/terms

Violation of any of the terms below will result in the termination of your account. While CEDREO SARL prohibits such conduct and content on the service, you understand and agree that CEDREO SARL cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.

PLEASE READ CAREFULLY
IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE MY SKETCHER IN ANY WAY OR FOR ANY PURPOSE WHATSOEVER.

Account Terms

To use My Sketcher, you must first sign-up on the Site and open an account.
Signing-up is only allowed for individuals of 18 years of age or more who have the capacity to perform legal acts, although minors who have obtained their parent's or legal representative's consent may also sign-up to My Sketcher. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

In order to open an account on My Sketcher, you must provide your surname, name, a valid email address, choose a username which is not already used, and an associated password, which will enable him to authenticate yourself in order to access the Site and his account.

You must also provide his country of residence. You shall not sign-up under a username which may violate third parties' rights. In particular, you shall not register a username which infringes a third party's trademark, copyright, service mark or corporate name.

Your username and password are strictly personal and you must maintain their confidentiality.

Your account includes a single login that may only be used by one person, a single login shared by multiple people is not permitted.

In case you become aware that a third party has access to your account, you shall immediately modify your password and inform My Sktecher thereof by email at support at “mysketcher.com”.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

One person or legal entity may not maintain more than one free account.

You may not use My Sketcher for any illegal or unauthorized purpose. You must not, in the use of My Sketcher, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for paying accounts. Free accounts do not require a credit card number.

If you initially sign up for a monthly paying account, and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.

An upgrade from the free account to any account will end your free trial. You will be billed immediately upon upgrading.

The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial period of service, upgrade/downgrade refunds, or refunds for months or years unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

For any upgrade or downgrade in account level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. CEDREO SARL does not accept any liability for such loss.

Cancellation and Termination

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.

All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.

If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again.
CEDREO SARL, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of My Sketcher, or any other CEDREO SARL service, for any reason at any time. Such termination of My Sketcher will result in the deactivation or deletion of your Account or your access to your account, and the forfeiture and relinquishment of all Content in your account. CEDREO SARL reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

CEDREO SARL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the My Sketcher Site (www.mysketcher.com), to your project manager and by email.

CEDREO SARL shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to My Sketcher. Your profile and materials uploaded remain yours.

When using My Sketcher, you will create content (creations, drawings, sketches, models, visuals, maps, documents and other elements created by you). You are informed that the back-up of such content through the My Sketcher will make it available for CEDREO SARL.

By agreeing on using or accessing to My Sketcher, you specifically authorizes CEDREO SARL to publish your content on the Site, subject to the provisions of this clause.You may also publish your content on social networks such as Facebook, in which case the specific terms and conditions applicable to the use of such social network may apply.

You retain all intellectual property rights in and to the content. The publication of the content on the site does not transfer any intellectual property right to CEDREO SARL or third parties, unless otherwise provided in these Terms of Use.

By making the content available on the site or by authorizing CEDREO SARL to make the content available on the site, you grant CEDREO SARL, a worldwide, non-exclusive, fully transferable, fully sublicenseable,royalty-free right and license, for the entire duration of intellectual property rights, to use, modify, make derivative works, publish, distribute, reproduce, make available and display the content on the site and in other media and networks, by any means, whether known or unknown, for advertising, promotional, marketing or public relations purposes as they relate to the site, and/or the My Sketcher application.

In this respect, you guarantee CEDREO SARL upon first demand against any and all claims and actions of any third party alleging to own any rights in all or part of the content and/or in the uses made by CEDREO.

Consequently, your are and remains solely and exclusively responsible for the content published or displayed on the site and in particular of its compliance with all applicable laws and regulations. CEDREO SARL may not in any manner be liable for such content.
In this respect, you are informed that your content is not monitored or controlled in any manner prior to any publication by CEDREO SARL, whose involvement is limited to hosting the content on the site.

Ownership of Elements - Licence to use

In this clause, “Elements” means the elements contained in or accessible through My Sketcher website, such as, without limitation, data, information, texts, files, models (2D and 3D), images (animated or not), photographs, videos, sounds, logos, drawings, trademarks, software (including the application), other than the user's content;

CEDREO SARL and its licensors are the exclusive owners of the Elements. The Elements are protected notably by French and international legislations relating to intellectual property rights (in particular copyright and trademark law).

Subject to compliance with all the provisions of these Terms of Use, and in particular the limitations set forth in this clause, CEDREO SARL grants you a personal, limited, non-exclusive, non-transferable and non-sublicenseable right and license to access the Elements through the site for the purpose of using My Sketcher, and to make temporary copies of the Elements in the framework of such access and use, for the duration of use of your account.

Any other use is strictly reserved. In particular, you shall not, unless otherwise permitted by applicable law:

  • (i) access and/or reproduce and/or use all or part of the Elements in any other manner and/or for any other purpose than as expressly authorized in these Terms of Use;
  • (ii) disassemble, decompile, reverse engineer all or part of the Elements which contain software, or otherwise attempt to discover their source code. The My Sketcher application cannot be used with any other software and CEDREO SARL will not communicate any information to enable the interoperability of the My Sketcher application with another software created independently;
  • (iii) adapt, translate, modify or create derivative works of all or part of the Elements;
  • (iv) broadcast and/or make available and/or publish all or part of the Elements;
  • (v) rent, sell, lease, sublicense, market, assign or transfer all or part of his rights relating to the Elements or authorize a copy of all or part of the Elements;
  • (vi) perform any act prohibited by these Terms of Use;
  • (vii) more generally, perform any act which is not expressly authorized by these Terms of Use or which may affect Cedreo SARL intellectual property rights.

You are thus informed that the license hereunder is granted to you solely to enable you to use the My Sketcher, for the duration of the Terms of Use, and that it will automatically cease upon termination of the your account. This license, and these Terms of Use, do not grant or transfer any intellectual property rights in all or part of the Elements. All rights not expressly granted are strictly reserved by CEDREO SARL or third parties.

CEDREO SARL and its licensors and providers are and remain the exclusive owners of the Elements and all authorized copies of the Elements you can make.
The structure, organization and code of the My Sketcher and the My Sketcher website are trade secrets and valuable confidential information of CEDREO SARL and its licensors and providers.

You agree not to withdraw and/or delete any copyright or other property notices on My Sketcher and / or the My Sketcher website.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is only provided to paying account holders.

If you have a Free account, CEDREO SARL authorizes you to use the My Sketcher Application only for personal non-commercial purposes, unless otherwise specifically agreed between the parties

You understand that CEDREO SARL uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CEDREO SARL customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the service, including your content, may be transfered unencrypted and involve

  • (i) transmissions over various networks;
  • (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by CEDREO SARL) of other My Sketcher customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

CEDREO SARL does not warrant that

  • (i) the service will meet your specific requirements,
  • (ii) the service will be uninterrupted, timely, secure, or error-free,
  • (iii) the results that may be obtained from the use of the service will be accurate or reliable,
  • (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
  • (v) any errors in the Service will be corrected.

You expressly understand and agree that CEDREO SARL shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CEDREO SARL has been advised of the possibility of such damages), resulting from:

  • (i) the use or the inability to use the service;
  • (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
  • (iii) unauthorized access to or alteration of your transmissions or data;
  • (iv) statements or conduct of any third party on the service;
  • (v) or any other matter relating to the service.

The failure of CEDREO SARL to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and CEDREO SARL and govern your use of the service, superceding any prior agreements between you and CEDREO SARL (including, but not limited to, any prior versions of the Terms of Use).

Questions about the Terms of Use should be sent to support at mysketcher dot com.

Applicable law and jurisdiction

These Terms of Use are governed by French law.
Any dispute relating to the validity, interpretation, performance or termination of these Terms of Use shall be subject to the relevant courts having proper jurisdiction.