These Terms & Conditions (“T&Cs”) are entered between the company Draft SAS, located at L’Ouche Brûlée Str. 3, 44118, La Chevrolière, FRANCE (referred to hereinafter as “Draft”), and the entity or person subscribing for or accessing the Service (depending on the context: “You”, the “Customer”, the “User”).

Draft.io refers to the services and programs offered by Draft under the domains it operates (draft.io) and its sub-domains.

Draft.io can be accessed as a simple User via a “Free” plan, as both a Customer and a User via a “Pro” plan, or as an Administrator or an authorized User via a “Team,” a “Business,” or an “Enterprise” plan subscribed by a Customer. In all cases, by operating and using Draft.io, you accept the terms and conditions of these T&Cs. You are obligating yourself to use Draft.io exclusively in compliance with the following terms and conditions.

All terms written with a capital letter not defined in these T&Cs shall have the meaning given to them here.

Draft offers a Service, Draft.io, a web application for visual collaboration that is designed to allow Users to create, collaborate and centralize communication through interactive online virtual visual documents. 

The Service allows Users to share documents with third parties, including publicly, via a URL provided by Draft.io.

The Service can either be used with or without a Draft.io Account. In all cases, the User maintains sole control over the types and content of all User Content it submits to the Service.

Users with a Draft.io Account can either use a limited Free version of the Service or an unlimited Paid version (Pro, Team, Business, and Enterprise plans), as present on our Pricing page. The Service is provided with specific features depending on the type of plans you have chosen.

Users of Team, Business, and Enterprise plans can either use the Service as an Administrator, designated by the Customer, or an authorized User. The Customer acknowledges that Administrators have control over the management of the Users related to their plan for the Service. The Customer is fully responsible for its choice of Administrators and any actions they take.

Draft makes the Platform, the Service described in the Article “3.1 Description of the Service” available to Users, according to the plan chosen and potential specific features that have been agreed upon in the Order.

Draft does its best to ensure that the Platform is available and that the functionalities enabling you to create and share content work correctly. In this respect, Draft does its best to ensure that the Platform and the Service are available 24 hours a day and 7 days a week, except (i) in a Force Majeure Event or unpredictable and insurmountable behavior of a third party, (ii) in unavailability due to the weakness or absence of coverage of Internet access networks by the User’s access provider, or (iii) in the event of breakdowns and maintenance interventions and updates necessary for the proper functioning of the Platform and the provision of the Service.

You are solely responsible for maintaining the confidentiality of your Login to access your Draft.io Account, and you agree to implement all measures to ensure the security and confidentiality of such Login.

You will not share your Login with third parties.

You are also responsible for defining and checking the appropriate settings regarding the publicity/privacy of each document you create using the Service.

The settings have to be designated by the User using its Draft.io Account. For clarification purposes, the publicity/privacy settings have the following consequences:

• A public document can be viewed by other Users of the Service who have the URL link to this document;
• Anybody can view a public document embedded into third-party websites;
• A private document can be viewed and used only by Users of the Service whom the User grants access to this document.

If you created a Draft.io Account using an email address belonging to your employer or other legal entity, you represent and warrant that you have the authority to create an account on behalf of such entity and further acknowledge that Draft may share your email address with and control of your account may be taken over by your employer as a Customer. Upon such takeover, the Administrator controlling the Draft.io Account may be able to (i) access, disclose, restrict, or remove information from the Draft.io Account, (ii) restrict or terminate your access to the Service, and (iii) prevent you from later disassociating such account from the Customer.

The User grants Draft the right to use, copy, store, transmit, and display User Content, but only as necessary to provide the Service and Support to Customer under this T&Cs.

For more information, please refer to our Privacy Policy.

During the Subscription Term or within 365 days thereafter, the User may export its User Content from the Service using export features. After this period, Draft may delete User Content in accordance with its standard schedule and procedures. If the User elects to delete their account at any time proactively, all associated User Content will be deleted permanently and cannot be retrieved.

Draft allows Users to write, create, and reproduce User Content (audio, video, written) that may be made available to the public via URLs or third-party websites or services.

As a consequence, according to Article 6-III of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, the User is defined as a “publisher” for all content it creates and publishes when using the Service, and when this content is available to other Users and/or the public via the Service or third-party website or services.

The User certifies that the User Content that it publishes is truthful.

The User is solely liable for its User Content and any consequences related to its creation, deletion, change, transfer, or upload to the Service or third-party services or websites.

The User is informed that should the User publishes User Content that is illegal and/or does not comply with these T&Cs, and/or legislation, and/or regulations, Draft reserves the right, on notification of a third party, to:

• Verify, check, delete, or block access to the disputed User Content via the Service;
• And/or suspend and/or remove the access to the Service of the User, which is the publisher of the disputed User Content;
• Terminate these T&Cs.

Draft is a “webhost” for the User Content as defined by Article 6-II of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy. Consequently, Draft cannot be held liable for the User Content in any manner. Any User who finds illegal User Content undertakes to notify Draft as soon as possible.

Any notification (hereinafter “Notification“) shall be sent by registered letter with a delivery receipt addressed to Draft at its registered office as indicated above and must include the following:

• The Notification date;
• If the notifier is a private individual, its surname, forename, profession, address, nationality, date, and place of birth. If the requester is a legal entity, its legal status, denomination, head office, and the body that represents it for legal purposes;
• The company name and head office of the recipient of the Notification, in this case, Draft;
• A description of the facts at issue and their precise location on the Service;
• The reasons for which the content should be removed, including a reference to the legal provisions and supporting evidence;
• A copy of the correspondence sent to the author or publisher of the information at issue asking for it to be suspended, removed, or changed or proof that this author or publisher could not be contacted.

This Notification must be backed up by sending an e-mail to hi@draft.io or a message sent to Draft via the Service by clicking on “Contact us”. Both must include the aforementioned list of information.

The User is informed that Draft cannot be deemed to have received the Notification unless all of the above information is included in the Notification.

Following a Notification, Draft may:

• Verify, check, delete and block the disputed User Content and/or;
• Suspend and/or block access to the Platform for the User, which is the author of the disputed User Content and/or;
• Terminate these T&Cs entered with the User involved in the dispute.

The User is informed and accepts that Draft shall be solely responsible for defining any measures to be implemented following a Notification and that it cannot be held liable for any measures implemented or not implemented following a Notification.

Users agree not to:

• Modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks;
• Use the Service in any unlawful manner, including, but not limited to, violation of any person’s privacy rights;
• Use the Service to store or transmit files, materials, data, text, audio, video, images, or other content that infringes on any person’s intellectual property rights;
• Use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components;
• Attempt to decipher, decompile, reverse engineer, or otherwise discover the source code of any software making up the Service, except in cases authorized by the French Intellectual Property Code;
• Use the Service to knowingly post, transmit, upload, link to, send, or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;
• Use the Service to store or transmit any “protected health information” as defined in the applicable data protection regulation;
• Use the Service to post, transmit, upload, link to, send, or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”);
• Use or launch any automated system that accesses a Service (i.e., bot) in a manner that sends more request messages to a Service server in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• Use or attempt to use the Service in violation of these T&Cs. Without prejudice to any of its other rights, Draft reserves the right, at its reasonable discretion, to temporarily suspend your access to and use of a Service if it suspects or detects any Malicious Software connected to your Draft.io Account or relating to your use of a Service;
• Use the Service from a PC or a large touchscreen but only through the last released version of Microsoft Edge, Mozilla Firefox, Google Chrome, Apple Safari, or Brave Browser.

In general terms, the User shall refrain in any manner whatsoever from being or attempting to be the author of a positive act or omission likely to cause or causing prejudice of any kind whatsoever to Draft and, more generally, to any third party.

When using the Service, the User shall refrain in particular, in any manner whatsoever, from:

• Misappropriate or attempt to misappropriate all or part of the Draft.io Account, the Platform, the Service, or any other element to which the User would have access for purposes other than those for which they are intended;
• Attempt to carry out or implement any action, in any manner whatsoever, of a fraudulent and/or illicit nature, for example, attempt to make or make, directly or indirectly, a fraudulent and/or illicit use of all or part of the Draft.io Account, the Platform, the Service, or any other element to which the User would have access;
• Give third-party access to all or part of the Draft.io Account, the Platform, the Service, or any other element to which the User would have access;
• Exploit, commercialize all or part of the Draft.io Account, the Platform, the Service, or any other element to which the User would have access, in any way whatsoever, for example, in the form of a license, rental, or resale;
• Attempt to copy or copy all or part of the Platform (in particular, by using software enabling the extraction of all the information contained in a website) in any manner whatsoever without the prior written authorization of Draft;
• Engage in any activity or incite a third party to engage in any illegal activity or any other activity that would infringe the rights of Draft and/or, more generally, of any other third party.

Draft allows you to use Jira Software of Atlassian editor in connection with your use of the Service. A draft cannot guarantee the continued availability of Jira Software and may cease enabling access to Jira Software at any time without prior notice. The terms of the following “Liability exclusion relating to third party websites and services” section will apply to the use of Jira Software.

The Platform may contain links to third-party websites and services that are not owned or controlled by Draft. When you use these third-party websites and services, be advised that your access and use are governed solely by the terms and conditions of such third parties. Draft does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such third-party websites and services, including, without limitation, their content or the manner in which they handle, protect, manage, or process data (including data generated by using the Service) or any interaction between you and the provider of such third party websites and services.

Draft cannot guarantee the continued availability of such third-party websites and service features and may cease enabling access to them at any time without justification. Draft is also entitled to make new third-party websites and services available at any time in connection with your use of the Service.

You irrevocably waive any claim against Draft with respect to such third-party websites and services. Draft is not liable for any damage or loss caused by or in connection with your access or use of any such third-party websites and services, for example, regarding privacy or data security policies of such third-party websites and services.

Before accessing these services and visiting these third-party websites, Draft advises you to read their respective terms and conditions and privacy policies.

The execution of these T&Cs does not entail any payment obligation for Indirect Customers for which a Business Partner supports the payment obligation towards Draft.

In return for the right to use the Service, the Indirect Customer undertakes to pay the Business Partner the price as mentioned in its contract with the latter, failing which the Indirect Customer may have their Draft.io license suspended.

For the Pro plan Subscription, depending on the payment interval chosen by the Customer, the Subscription Term is renewed automatically each month or year. To cancel the automatic renewal, the Customer must cancel its Subscription before the next billing cycle begins. When the Customer cancels its Subscription, it will not be charged for the next billing cycle but will not receive any refunds or credits for already charged amounts.

For Team, Business, and Enterprise plan Subscriptions, unless stated otherwise in the applicable Order, Draft will ask the Customer 45 days before the end of the Subscription Term if they want to renew their Subscription. If they choose not to renew, all Users of the Draft.io Subscription will be downgraded to the Free plan Subscription when the Subscription Term ends. Note that the Customer will not receive any refunds or credits for the amounts already charged.

All prices mentioned on the Draft.io website are exclusive of taxes.

For the Pro plan Subscription, the Direct Customer pays the fee by credit card at the beginning of each billing cycle. In the event of non-payment, the Pro Subscription is canceled.

For Subscriptions to the Team, Business, and Enterprise plans, the Direct Customer is responsible for paying the price indicated on the invoice, which will vary depending on the chosen plan and any agreed-upon specific features in the Order. Unless otherwise stated in the Order, invoices are due for payment within thirty (30) calendar days from the date of issue, and payment can be made either by credit card or by wire transfer. If payment is not made by the contractual deadline, Draft reserves the right to cancel the Subscription at any time without any prior notice.

Draft warrants to Customer that:

1. The Service will perform materially as described in the help center, and that Draft will not materially decrease the overall functionality of the Service during a Subscription Term (the “Performance Warranty”); and
2. Draft will perform any Support in a professional and workmanlike manner (the “Support Services Warranty”).

If Draft breaches Section 9.1 (Limited Warranty) and Customer makes a reasonably detailed warranty claim within 30 days of discovering the issue, then Draft will use reasonable efforts to correct the non-conformity. If Draft cannot do so within 60 days of Customer’s warranty claim, either party may terminate the affected Order as relates to the non-conforming Service or Support. Draft will then refund to Customer any pre-paid, unused fees for the terminated portion of the Subscription Term (for the Performance Warranty) or for the non-conforming Support (for the Support Services Warranty). These procedures are Customer’s exclusive remedy and Draft’s entire liability for breach of the warranties in Section 9.1. These warranties do not apply to (a) issues caused by misuse or unauthorized modifications, (b) issues in or caused by third-party platforms or other third-party systems, or (c) Beta Services or other free or evaluation use.

Except as expressly provided in Section 9.1 (Limited Warranty), the Service, Support, and all related Draft services are provided “AS IS”. Draft and its suppliers make no other warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Without limiting its express obligations in Section 12 (Support), Draft does not warrant that Customer’s use of the Service will be uninterrupted or error-free or that the Service will meet Customer’s requirements, operate in combination with third-party services used by Customer, or maintain User Content without loss. Draft is not liable for delays, failures, or problems inherent in the use of the Internet and electronic communications or other systems outside Draft’s control. The Customer may have other statutory rights, but any statutorily required warranties will be limited to the shortest legally permitted period.

Draft may possibly make Beta Services available to the Users free of charge.

You may choose to try such Beta Services at your sole discretion. Beta Services are intended for evaluation purposes and not for production use, and you could not be supported in case of a problem.

Beta Services are not considered part of the Service under these T&Cs. However, all restrictions, Draft’s reservation of rights, and your obligations concerning the Service will apply equally to your use of Beta Services.

Unless otherwise stated, any Beta Services trial period will expire earlier than one year from the trial start date or on the date that a version of the Beta Services becomes generally available without the applicable Beta Services designation.

Draft may discontinue Beta Services at any time at its sole discretion and will remain free never to make them generally available. Draft will have no liability for any harm or damage arising from or in connection with a Beta Service.

Draft reserves the right to restrict the functionality or suspend the Service (or any part thereof) and/or your Draft.io Account if Draft detects that you have infringed on your obligations provided in these T&Cs.

Draft reserves the right to terminate or suspend your Draft.io Account immediately, without notice or liability, for any reason, including, without limitation, if you fail to comply with the T&Cs. In the event of termination, your right to use the Service will cease immediately.

You are free to terminate your Subscription and delete your Draft.io Account at any time.

The terms to delete your Draft.io Account are different depending on the type of Subscription you have chosen:

• If you choose the Free plan Subscription, you can delete your Draft.io Account by reaching Draft and sending an e-mail to hi@draft.io. Deletion of your Draft.io Account will automatically result in the termination of these T&Cs.
• If you choose the Proplan  Subscription, you can delete your Draft.io Account by reaching Draft and sending an e-mail to hi@draft.io.
• If you chose the Team, Business, or Enterprise plan Subscription, Draft invites you to contact your company to find out the conditions for terminating your Draft.io Account.

Any User may report errors or abnormal behavior of the Service (“Incidents”) by contacting Draft through the following email address: support@draft.io. Draft is committed to ensuring that each of our Users receives the necessary Support in the event of an Incident but is not obligated to resolve such an Incident and reserves the right to determine the resolution of the Incident at its sole discretion, depending on the priority level it gives to the Incident.

Draft hereby states that it has professional civil liability insurance covering its activity from a reputable and solvent insurance company and undertakes to maintain such insurance coverage for the duration of the T&Cs.

1. Permit Customer to continue under the existing version of this T&Cs until the expiration of the then-current Subscription Term (after which time the modified T&Cs will go into effect); or 
2. Allow Customer to terminate these T&Cs and receive a refund of any pre-paid Service fees allocable to the terminated portion of the applicable Subscription Term. 

Customer may be required to click to accept or otherwise agree to the modified T&Cs in order to continue using the Service, and, in any event, continued use of the Service after the updated version of these T&Cs goes into effect will constitute Customer’s acceptance of such updated version.

The law applicable to the present T&Cs is French law. Jurisdiction of Courts is fixed according to the ordinary law rules.

If any provision in these T&Cs is held by a court of competent jurisdiction to be unenforceable, such provision will be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these T&Cs will remain in effect.

The User expressly agrees in advance to any assignment or transfer by Draft of these T&Cs to the assignee of its choice in the event of a transfer of all or part of the shares of Draft in any manner whatsoever, for example, by acquisition, merger, absorption, assignment, said assignment or transfer having no consequences for the User on the conditions of provision of the Service.