Terms of Service
Last update: November 1, 2024
These Terms of Service ("Terms") govern your access to and use of the Feather Application(s) (each an "App" and collectively the "Apps"), the Feather Website at www.feather.art or the Sketchsoft Website at www.sketchsoft3d.com (each a "Website" and collectively the "Websites"), and other related services provided by Sketchsoft, Inc. ("Sketchsoft," "we," "us," or "our"), the developer and owner of the Feather product line (collectively referred to as the "Services").
By downloading, accessing, or using our Services, or by clicking to accept or agree to these Terms when this option is presented, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. Please read these Terms carefully. If you do not agree to these Terms or the Privacy Policy, you must refrain from using our Services.
1. Account and Eligibility
1.1 Account Creation and Accuracy
While the core drawing features of our Services can be accessed without an account, certain features—such as saving drawings to the cloud, accessing and uploading artwork to the online gallery, interacting with content (e.g., commenting and liking), and managing a personal profile—require you to create an account. Creating an account allows you to share your artwork with others, engage with the Feather community through likes and comments, and personalize your profile to display your gallery activity.
If you create an account, you agree to provide accurate, complete, and up-to-date information during registration. Any inaccurate or incomplete information may lead to account suspension. You are responsible for safeguarding your login credentials and for any activities conducted under your account. Notify us immediately at support@sketchsoft.com if you suspect unauthorized access.
1.2 Eligibility
You must be at least 13 years old to create an account or use the Services, including access to both free features and paid features available through one-time purchases. We do not knowingly collect personal data from users under 13, and any such data will be deleted upon notice. Please refer to our Privacy Policy for more on data handling for minors.
1.3 Account Security and Responsibility
Your account is personal to you and must not be shared with or transferred to others. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your login information. We reserve the right to disable or delete accounts found to be in breach of these Terms. You acknowledge that you are responsible for any activity that occurs under your account, whether authorized by you or not.
2. License and Access to the Services
2.1 Grant of License for Feather App
We grant you a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the Feather App as part of our Services solely for your personal, individual use on a device that you own or control, in accordance with these Terms and any applicable app store terms.
As an individual user, you may create commercial works using the App without prior approval from Sketchsoft, Inc., provided you comply with these Terms. This license does not extend to corporate, institutional, or shared business use, nor does it allow for reselling, sublicensing, or redistributing the App or its proprietary content.
If the App includes specific assets, such as sample files or downloadable content, these assets may be subject to individual licenses or usage guidelines and may be limited to personal use only. All rights not expressly granted to you are reserved by Sketchsoft, Inc.
2.2 Website Access and Use License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the content on our Websites strictly for personal and informational purposes. Unless otherwise permitted by specific licensing terms, you may not modify, distribute, or create derivative works from any website content, including text, graphics, images, 3D drawings, and other materials.
If specific downloadable content, templates, or other resources are provided on the Websites, these may have individual licensing terms and additional restrictions. All rights to the Websites and their content not expressly granted to you are reserved by Sketchsoft, Inc.
2.3 Access and Feature Availability
The Feather App offers both free and paid product versions, each with distinct features. Free versions include access to basic drawing tools and limited functionality. Paid versions, available through one-time purchases, offer additional features and tools designed to enhance your creative experience. For the most current list of features specific to each version, please refer to our Website.
2.4 Limitations on Use
You may not:
- Copy, modify, distribute, or create derivative works of the Apps software, Website content, or any other proprietary content within the Services.
- Reverse engineer, decompile, or otherwise attempt to extract the source code of the Apps or any other part of the Services.
- Use the Apps, Websites, or any proprietary content within the Services for unauthorized commercial purposes, including any form of redistribution, sublicensing, or resale.
- Exploit the Services in ways that could interfere with other users' access or violate applicable laws.
2.5 Modifications to the Services
We reserve the right to modify, update, restrict access to, or discontinue any feature or functionality of the Services, or the Services as a whole, at any time and at our sole discretion, without prior notice. While we strive to maintain the availability of features associated with one-time purchases, we cannot guarantee uninterrupted access due to circumstances beyond our control. Sketchsoft, Inc. will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. We may, at our discretion, provide notice to users of significant modifications affecting core paid features. Your continued use of the Services after changes are posted signifies your acceptance of these modifications.
2.6 User Responsibility for Device and Updates
You are responsible for maintaining the security and currency of the device on which the App is installed, including installing updates provided by Sketchsoft. Sketchsoft is not liable for any issues arising from outdated app versions.
3. User Content and Ownership
3.1 Ownership of User Content
Your drawings are yours, and you may use them for personal or commercial purposes. The software remains the property of Sketchsoft, Inc., with all rights reserved. By creating or uploading content (such as 3D drawings, images, text, or other materials) within the Services ("User Content"), you retain all rights and ownership of that content. While you retain ownership of your User Content, Sketchsoft reserves the right to monitor and moderate User Content publicly accessible within our Services, such as content shared in the online gallery, to ensure compliance with these Terms.
3.2 Default Public Display License
By uploading User Content to public areas of the Services, such as our online gallery, you grant Sketchsoft a worldwide, non-exclusive, royalty-free license to use, display, distribute, and feature your content within the Feather gallery, on our Websites, on our social media channels, and in related promotional materials to showcase user artwork and enrich the Feather community. This default license does not include permissions for others to download, modify, or commercially use your content unless you select additional permissions. This default license applies only to content you choose to display publicly in the online gallery and does not affect the ownership or use of your other private works created within the app.
3.3 User-Controlled Licensing for Downloadable Content
If you choose to make your artwork downloadable by others, you may apply a Creative Commons (CC) license to that content. Our Services provide various CC license options, allowing you to specify permissions such as whether your work may be used commercially, modified, or shared under specific terms. By selecting a license, you agree that it will govern all downloads and usage of that specific content. Note that once a Creative Commons license is selected for downloadable content, it cannot be revoked for prior downloads, though future uploads may be governed by a different license selection.
3.4 Public Gallery, Interactions, and Profile Management
When you post User Content in public areas of the Services, such as our online gallery, you agree to allow others to view, like, comment on, and share this content as permitted by our platform functionality. In addition to uploading artwork, you can engage with other users’ content in the gallery through activities like leaving comments and giving likes. By participating in these interactions, you agree to maintain respectful and constructive communication and follow our community standards as outlined in these Terms.
You may also manage a personal profile in the gallery, which allows you to curate a public display of your uploaded artwork and other interactions within the gallery. Profile information, including your username and avatar, will be visible to other users and may appear alongside your content and activities, such as comments or likes. Please ensure that your profile information is accurate and adheres to our guidelines.
3.5 Prohibited Content and Compliance
You agree not to upload any User Content that:
- Contains or promotes illegal, hateful, threatening, abusive, harassing, or discriminatory material.
- Depicts or promotes violence, sexual content, nudity, or other explicit material.
- Is considered mature or inappropriate for a general audience, in line with our strict policy against mature content.
- Is defamatory, invasive of privacy, or infringes upon any intellectual property, privacy, or publicity rights of others.
- Contains viruses, malware, or any harmful code.
We maintain a strict no-tolerance policy for any harmful, explicit, or inappropriate content. We reserve the right to review, moderate, or remove any User Content that violates these guidelines, and we may take further action, including suspension or termination of accounts associated with such content.
3.6 Responsibility and Indemnification
You are solely responsible for the content you create and upload, and you agree to indemnify Sketchsoft, Inc. against any claims or liabilities arising solely from your content’s use or distribution within the Services.
3.7 Sample Files and Restricted Use
The App may contain Sample Files provided for demonstration purposes, allowing you to view and edit these files to understand how features in the App function. You are not permitted to export, distribute, commercialize, or otherwise use the Sample File in any way without authorization from Sketchsoft, Inc., including any component of a Sample File, whether visual, audio, or interactive. No rights are granted to you in the Sample Files under this agreement, even if you have modified them.
3.8 Intellectual Property of Generated Content
Any artwork or content created with tools, templates, or features uniquely provided within the App (such as filters or unique visual elements) remains the intellectual property of the user, while Sketchsoft, Inc. retains rights to the underlying tool or template technology and any in-app assets.
4. Intellectual Property Rights
4.1 Company Content Ownership
All intellectual property rights in the Services and its components, including software, trademarks, designs, and proprietary information (collectively, "Company Content"), are owned by Sketchsoft, Inc. or licensed to us. You may not use, copy, modify, distribute, or create derivative works from any Company Content without our prior written permission.
4.2 Limited License to Use Company Content
We grant you a limited license to access and use the Company Content solely for personal, non-commercial purposes as part of your use of the Services. This license does not grant you any ownership rights to the Company Content, which remains the exclusive property of Sketchsoft, Inc. You may not reverse engineer, decompile, or otherwise attempt to access the underlying source code or proprietary functionality in any Company Content.
5. One-Time Purchase and Payment
5.1 One-Time Purchase Model
Certain features of Feather are available through one-time purchases, which provide access to these specific tools or enhancements without a recurring fee. A one-time purchase grants ongoing access to these features as part of the Services, subject to the Terms, including Section 2.4, regarding modifications and availability.
5.2 Billing and Payment
All purchases are processed securely through the app store associated with your device. Payment details are handled by third-party providers in accordance with their terms and conditions. For information on purchase options, please refer to the app store where the purchase is being made.
5.3 Refunds
Refunds for purchases are generally not provided directly by Sketchsoft, Inc., and are subject to the policies of the app store where the purchase was made (e.g., Apple App Store or Google Play Store). If you believe you are eligible for a refund due to exceptional circumstances, please contact the app store’s customer support to request assistance. All refund requests are handled at the discretion of the respective app store in accordance with their refund policies.
6. Privacy and Data Usage
6.1 Data Collection and Usage
We collect and process your personal data as described in our Privacy Policy. By using the Services, you consent to the collection, storage, and use of your personal data as outlined, which includes account registration information, usage data, and device information.
6.2 Cookies and Tracking Technologies
Our Websites and Apps use cookies, pixels, and similar technologies to understand usage patterns, customize your experience, and enhance security. You can manage cookie preferences in your browser settings; however, disabling cookies may impact functionality.
6.3 User Rights and Data Access
Depending on your location, you may have rights to access, correct, or delete your data, as well as to object to certain processing activities. For more information or to make a request, please see our Privacy Policy or contact our Data Protection Officer at privacy@sketchsoft3d.com.
6.4 Third-Party Integrations and Social Media
If you log into the Services via third-party accounts (e.g., Google or Facebook), we may collect additional data, subject to each platform's data policies. Data shared via these integrations is governed by the respective third-party privacy policies.
7. User Conduct and Acceptable Use
7.1 Prohibited Activities
You agree to use the Services only for lawful purposes and in compliance with these Terms. Prohibited activities include, but are not limited to:
- Violating any applicable local, national, or international laws.
- Engaging in harassment, abuse, or intimidation of others.
- Uploading or distributing any unauthorized advertising or solicitation (e.g., spam).
- Attempting to gain unauthorized access to the Services or its systems.
- Using the Services in a way that negatively impacts other users’ experiences.
7.2 Content and Community Standards
All interactions within the Services should be respectful and constructive. Content that contains hate speech, defamation, or personal attacks is prohibited. We may suspend or terminate accounts found to be in repeated violation of these standards.
8. Termination and Suspension of Accounts
8.1 Account Suspension or Termination
We reserve the right to suspend or terminate your account at our discretion if you violate these Terms or engage in activities harmful to the Services or other users. You will be notified of any suspension via the email associated with your account, and you may appeal the decision by contacting our support team. Suspension or termination may result in the loss of access to your User Content and any free or paid features. Appeals will be reviewed based on evidence of non-violation or correction of the breach in question, and you will be notified of the outcome once the review is complete.
8.2 User-Initiated Termination
You may terminate your account at any time by contacting customer support. Termination requests are processed promptly, but certain data may be retained as required by law or for legitimate business purposes, as described in our Privacy Policy.
9. Limitation of Liability
9.1 Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Services are provided "as-is" and "as-available," without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.2 Limitation of Liability
To the maximum extent permitted by law, Sketchsoft, Inc. is not liable for any direct, indirect, incidental, consequential, or punitive damages resulting from your use of or inability to use the Services. This limitation applies only to the extent permissible by law, and nothing in these Terms limits your statutory rights in jurisdictions where such limitations are not permitted. In jurisdictions that do not allow the limitation of liability, this provision may not apply.
10. Updates to Terms and Contact Information
10.1 Modifications to Terms
We may update these Terms occasionally. Changes will be posted on our Websites and will take effect upon posting. Your continued use of the Services after updates indicates acceptance of the revised Terms.
10.2 Contact Information
For any questions regarding these Terms, please contact us at support@sketchsoft.com.
10.3 Dispute Resolution and Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of Korea. Any disputes arising under or related to these Terms from users located in or outside South Korea shall be resolved exclusively through binding arbitration in accordance with the rules of the Korean Commercial Arbitration Board (KCAB) in Seoul, South Korea.
10.4 Force Majeure
Sketchsoft, Inc. will not be held liable for delays or failure in performance caused by circumstances beyond its reasonable control, including natural disasters, governmental actions, technical interruptions (e.g., internet service failures, cybersecurity incidents), or other events outside Sketchsoft’s control.
10.5 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Any unenforceable provision will be interpreted to reflect the original intent of the provision as closely as possible.