1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you
("User," "you," or "your") and Spec In A Sec, LLC ("Company," "we," "us," or "our"),
governing your access to and use of the Spec In A Sec platform and all associated services
(the "Service").
By accessing or using our Service, you acknowledge that you have read, understood, and agree
to be bound by these Terms. If you do not agree to these Terms, you must not access or use
our Service.
These Terms apply to all users of the Service, regardless of whether access is through the
primary specinasec.com website, a vendor-branded domain, a licensee-branded domain, a custom
domain, a subdomain, or any other entry point within the Ecosystem (as defined below).
Additional terms may apply to Vendors and Licensees under their respective agreements with
the Company.
2. Definitions
2.1 "Ecosystem"
The entire network of websites, applications, services, subdomains, and tools operated by
Spec In A Sec, LLC, including but not limited to specinasec.com, all branded vendor and
licensee domains, any subdomain of specinasec.com, and any future platforms, services, or
tools the Company develops or operates, including but not limited to a 3D model
specification tool.
2.2 "Platform"
The Spec In A Sec SaaS application, including all features, tools, interfaces, APIs, and
services provided through the Ecosystem.
2.3 "Vendor"
An entity or individual that has entered into a Vendor Services Agreement with the Company
and makes its patterns, fabrics, and related products available to Users through the
Ecosystem.
2.4 "Licensee" or "Organization"
An organization that has entered into a Licensee Services Agreement with the Company and
under which Vendors may enroll.
2.5 "User Content"
All data, content, specifications, project information, sample requests, design selections,
images, communications, and any other materials created, uploaded, submitted, or otherwise
provided by you through the Service.
2.6 "Branded Domain"
A custom domain or subdomain configured to display the Platform under a Vendor's or
Licensee's branding. A Branded Domain is part of the Ecosystem and is subject to these
Terms.
2.7 "White-Label Service"
An optional service that allows Vendors or Licensees to present a customized appearance of
the Platform under their own branding. A White-Label instance operates within the confines
and infrastructure of the Spec In A Sec Platform and does not constitute a separate or
independent platform.
3. Description of Service
Spec In A Sec is a fabric pattern design platform and SaaS application that provides:
- A pattern design and visualization tool
- A directory connecting users with fabric vendors
- Project creation and specification tools
- Communication facilitation between users and vendors
- E-commerce functionality for purchasing products
- Sample request and management tools
- Specsheet generation and management
- Future tools and services, including but not limited to a 3D model specification tool
for creating and customizing textile specifications
We act as a platform and utility, facilitating connections between users and vendors. We do
not manufacture or distribute physical products directly. The Service operates as an
interconnected Ecosystem where content, data, and functionality may be shared across all
properties and services operated by the Company.
4. Eligibility
To use our Service, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into a binding agreement
- Be authorized by a vendor to access the platform (for user accounts requiring vendor
approval)
- Provide accurate and complete registration information
Our Service serves both business professionals and individual consumers who have been
authorized by registered vendors or who have registered through an entry point that permits
open registration.
5. Account Registration
5.1 User Accounts
By creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
5.2 Ecosystem-Wide Accounts
Regardless of which website, domain, or entry point you use to register, your account is a
Spec In A Sec, LLC account. You are a subscriber of Spec In A Sec, LLC. Your account may be
accessible across multiple properties within the Ecosystem, and your account data, activity,
and preferences may be shared across the Ecosystem to provide and improve the Service.
5.3 Vendor Accounts
Vendors who register on our platform are subject to additional terms set forth in the Vendor
Services Agreement. Vendors agree to:
- Provide accurate business information for directory listings
- Maintain current and accurate product and pattern information
- Respond to user inquiries in a timely and professional manner
- Comply with all applicable laws regarding their products and services
- Authorize users appropriately and responsibly
6. Platform Data License
6.1 Grant of License to Company
By using the Service, you grant Spec In A Sec, LLC a non-exclusive, worldwide, royalty-free,
perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, display,
distribute, modify, adapt, create derivative works from, and otherwise exploit all User
Content across the entire Ecosystem for any purpose related to the operation, promotion,
improvement, or expansion of the Company's business and services.
6.2 Scope of Data Usage
This license explicitly includes but is not limited to the right to:
(a) Use all data added to, authored on, or generated through the Platform, including but not
limited to user accounts, contact information, project specifications, sample requests,
design selections, pattern and fabric preferences, specsheets, communications, and all other
associated data the Platform uses to operate;
(b) Display, share, and distribute User Content across any property within the Ecosystem,
including but not limited to specinasec.com, any subdomain thereof, the 3D model
specification tool, and any other current or future service the Company develops or
acquires;
(c) Use aggregated, anonymized, or de-identified data derived from User Content for
analytics, product improvement, marketing, research, and business development;
(d) Use User Content to train, improve, and develop features and tools within the
Ecosystem;
(e) Share User Content with third-party services integrated into the Ecosystem for the
purpose of providing or enhancing platform functionality.
6.3 User Content Ownership
You retain ownership of original creative works you create using the Service. However, the
license granted in Section 6.1 is irrevocable with respect to any content that has been
uploaded to or created on the Platform during the term of your account, and such content may
continue to be used across the Ecosystem even after account termination, to the extent it
has been incorporated into specifications, projects, samples, vendor interactions, or other
derivative works created by you, other Users, Vendors, or the Platform.
6.4 Vendor Content
Patterns, designs, images, and other content uploaded by vendors remain the intellectual
property of the respective vendors. You may only use vendor content as authorized by the
vendor and in accordance with any applicable licenses or agreements. Vendor content is made
available to you subject to each vendor's access control settings.
6.5 User Data Across the Ecosystem
All Users who register on the Platform, regardless of whether they register through
specinasec.com, a Branded Domain, a White-Label instance, or any other entry point, are
subscribers of Spec In A Sec, LLC. Your account information, contact details, project
history, activity data, and all other User Data belongs to the Company's Ecosystem and may
be used by the Company to further its business interests, including but not limited to
providing services across the Ecosystem, marketing, analytics, cross-platform features, and
the development of new services.
6.6 Future Services
The Company is developing and may launch additional services, including but not limited to a
3D model specification tool. By using the Service, you consent to your User Content and User
Data being made available on and used by these future services in accordance with this
Section 6.
7. Acceptable Use and Prohibited Activities
7.1 General Acceptable Use
You agree to use our Service only for lawful purposes and in accordance with these Terms.
7.2 Prohibited Activities
You agree NOT to:
- Use the Service for any illegal or unauthorized purpose
- Violate any local, state, national, or international law or regulation
- Infringe upon the intellectual property rights of others
- Upload or transmit viruses, malware, or other malicious code
- Attempt to gain unauthorized access to any part of the Service
- Interfere with or disrupt the Service or servers
- Harvest or collect user information without consent
- Impersonate any person or entity
- Use the Service to send spam or unsolicited communications
- Engage in any activity that could damage, disable, or impair the Service
7.3 Anti-Reproduction and Anti-Copying
You shall not, directly or indirectly, and shall not authorize, permit, or enable any third
party to:
(a) Copy, reproduce, duplicate, replicate, or clone any portion of the Platform, including
its design, layout, user interface, workflows, features, or functionality;
(b) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code,
algorithms, data models, or underlying structure of the Platform;
(c) Create any derivative work, competing product, or similar service based on or inspired by
the Platform's design, features, functionality, or user experience;
(d) Use knowledge gained from the Platform to build, assist in building, or advise on
building a competing or substantially similar product or service;
(e) Scrape, harvest, crawl, or use automated means to extract data, content, images, or
information from the Platform;
(f) Remove, alter, or obscure any copyright, trademark, or other proprietary notices
displayed on or within the Platform;
(g) Use automated systems, bots, scripts, or software to interact with the Service in a
manner not expressly authorized by the Company;
(h) Frame, mirror, or otherwise incorporate any portion of the Service into another website,
application, or service without the Company's prior written consent.
7.4 Reporting Violations
If you become aware of any unauthorized use of the Service or any violation of these Terms,
you agree to promptly notify the Company at the contact information provided in these
Terms.
8. Confidentiality
8.1 Confidential Information
In the course of using the Service, you may have access to or become aware of information
that is confidential or proprietary to the Company or other participants in the Ecosystem.
"Confidential Information" includes but is not limited to:
(a) The internal workings, proprietary processes, algorithms, business logic, and technical
architecture of the Platform;
(b) Non-public features, tools, or functionality of the Platform, including features in
development or beta testing;
(c) Business strategies, roadmaps, product plans, or pricing structures of the Company;
(d) Non-public information about other Users, Vendors, or Licensees obtained through the
Platform;
(e) Any information designated as confidential by the Company or that a reasonable person
would understand to be confidential given its nature and the circumstances of disclosure.
8.2 Confidentiality Obligations
You agree to:
(a) Keep all Confidential Information strictly confidential and not disclose it to any third
party;
(b) Not use Confidential Information for any purpose other than your authorized use of the
Service;
(c) Not discuss the internal workings, technical implementation, or proprietary processes of
the Platform with any third party;
(d) Take reasonable measures to protect the confidentiality of Confidential Information,
using at least the same degree of care you use to protect your own confidential
information.
8.3 Exceptions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly
available through no fault of you; (b) was known to you prior to disclosure through the
Service; (c) is independently developed by you without use of Confidential Information; or
(d) is required to be disclosed by law, regulation, or court order, provided that you give
the Company reasonable notice to seek a protective order where practicable.
8.4 Duration
Confidentiality obligations survive termination of your account for a period of three (3)
years, except with respect to trade secrets, which shall remain confidential for as long as
they qualify as trade secrets under applicable law.
9. Intellectual Property
9.1 Our Intellectual Property
The Service and its original content, features, and functionality are owned by Spec In A Sec,
LLC and are protected by international copyright, trademark, patent, trade secret, and other
intellectual property laws. This includes but is not limited to:
- Website design, layout, and user interface
- Software, source code, object code, and algorithms
- Logos, branding, and trade dress
- Text, graphics, and images created by us
- Data models, database schemas, and data structures
- Workflows, processes, and business logic
- Documentation and training materials
- All derivative works and improvements to the foregoing
9.2 Limited License to Use the Service
Subject to your compliance with these Terms, we grant you a limited, non-exclusive,
non-transferable, non-sublicensable, revocable license to access and use the Service for
your personal or internal business purposes. This license does not include the right to:
(a) Modify, copy, or create derivative works based on the Service;
(b) Sell, resell, license, sublicense, distribute, or commercially exploit the Service;
(c) Access the Service to build a competing or substantially similar product or service;
(d) Use the Service beyond the scope of access granted by these Terms.
9.3 Survival of Intellectual Property Protections
The intellectual property protections and restrictions set forth in these Terms survive
termination of your account indefinitely with respect to trade secrets and for a period of
five (5) years with respect to all other intellectual property protections.
10. Projects and Orders
When you create projects or submit requests through our platform:
- You are responsible for the accuracy of all specifications and information provided
- We facilitate communication between you and vendors but are not a party to any
transaction
- All purchases, orders, and agreements are between you and the vendor
- We do not guarantee product availability, pricing, or delivery
- Disputes regarding products or services should be resolved directly with the vendor
11. E-Commerce and Purchases
Our platform may facilitate purchases between users and vendors. When making purchases:
- All transactions are between you and the vendor
- Spec In A Sec, LLC is not responsible for the quality, safety, or legality of products
sold
- Pricing, availability, and shipping terms are determined by the vendor
- Payment processing may be handled by third-party providers
- Refunds, returns, and exchanges are subject to the vendor's policies
- You agree to pay all charges incurred by you or on your behalf
12. Fees and Payment
Access to certain features of the Service may require payment of fees. If applicable:
- All fees are stated in U.S. dollars unless otherwise specified
- Fees are non-refundable unless otherwise stated
- We reserve the right to change fees with reasonable notice
- You are responsible for all taxes associated with your use of the Service
13. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into
these Terms by reference. Please review our Privacy Policy to understand our practices
regarding the collection and use of your information.
By using the Service, you acknowledge that your data may be used across the entire Ecosystem
as described in Section 6 of these Terms and in the Privacy Policy.
14. Disclaimers
14.1 Service Provided "As Is"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14.2 No Guarantee
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free
- Results obtained from using the Service will be accurate or reliable
- The quality of any products, services, or information obtained through the Service will
meet your expectations
- Any errors in the Service will be corrected
14.3 Third-Party Content
We are not responsible for the accuracy, completeness, or quality of any content provided by
vendors or other third parties. Any reliance on such content is at your own risk.
14.4 Ecosystem Services
We do not warrant that any particular feature, tool, or service within the Ecosystem will
remain available, unchanged, or compatible with previous versions. The Ecosystem is
continuously evolving, and features may be added, modified, or removed at any time.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPEC IN A SEC, LLC, ITS
DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
- Loss of profits, data, use, goodwill, or other intangible losses
- Damages resulting from unauthorized access to or use of our servers
- Damages resulting from interruption or cessation of the Service
- Damages resulting from any third-party content or conduct
- Damages resulting from any products or services obtained through the Service
- Damages resulting from the use of your data across the Ecosystem as described in these
Terms
- Damages resulting from your engagement with vendors, licensees, or other users through
the Platform
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE
(12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
16. Indemnification
You agree to defend, indemnify, and hold harmless Spec In A Sec, LLC and its officers,
directors, employees, contractors, agents, licensors, and suppliers from and against any
claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including
reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the Service
- Your violation of any third-party rights
- Any content you submit or transmit through the Service
- Your violation of any applicable law or regulation
- Your breach of the confidentiality obligations set forth in Section 8
- Your breach of the anti-reproduction and anti-copying restrictions set forth in
Section 7.3
17. Account Termination
17.1 Termination by You
You may terminate your account at any time by contacting us or using the account deletion
feature within the Service. Upon termination:
- Your access to the Service will be revoked
- Your login credentials will be deactivated
- Personal information identifiable to you will be handled in accordance with our Privacy
Policy and applicable data protection laws
17.2 Data Retention After Termination
Upon termination of your account, the Company may retain and continue to use User Content and
data that has been incorporated into the Ecosystem, including but not limited to
specifications, projects, samples, vendor interactions, and derivative works, in accordance
with the Platform Data License granted in Section 6. This retention is necessary for the
continued operation of the Ecosystem and the preservation of records and data integrity for
other Users and Vendors who have interacted with your content.
17.3 Termination by Us
We reserve the right to suspend or terminate your account and access to the Service at our
sole discretion, without notice, for conduct that we believe:
- Violates these Terms
- Is harmful to other users, vendors, or third parties
- Is harmful to our business interests
- Involves any prohibited activity described in Section 7
- Involves any breach of confidentiality described in Section 8
18. Modifications to Service and Terms
18.1 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the Service at any time
without notice. We shall not be liable to you or any third party for any modification,
suspension, or discontinuation of the Service. This includes the right to add, modify, or
remove features, tools, or services within the Ecosystem.
18.2 Terms Modifications
We may revise these Terms from time to time. When we make changes, we will update the
"Effective Date" at the top of these Terms. For significant changes, we will provide notice
through the Service or by email. Your continued use of the Service after any changes
constitutes your acceptance of the revised Terms.
19. Governing Law and Dispute Resolution
19.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of
South Carolina, United States, without regard to its conflict of law provisions.
19.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Service shall first be attempted
to be resolved through good-faith negotiation. If the dispute cannot be resolved through
negotiation within thirty (30) days, either party may pursue legal remedies in the state or
federal courts located in South Carolina.
19.3 Waiver of Class Action
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL
BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
20. General Provisions
20.1 Entire Agreement
These Terms, together with our Privacy Policy and any applicable Vendor Services Agreement,
Licensee Services Agreement, or White-Label Service Addendum, constitute the entire
agreement between you and Spec In A Sec, LLC regarding the Service and supersede all prior
agreements and understandings.
20.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall
be limited or eliminated to the minimum extent necessary, and the remaining provisions shall
remain in full force and effect.
20.3 Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver
of such right or provision.
20.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written
consent. We may assign these Terms without restriction.
20.5 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond
our reasonable control, including but not limited to acts of God, natural disasters, war,
terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents,
strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
20.6 Survival
The following sections survive termination of your account: Section 6 (Platform Data
License), Section 7.3 (Anti-Reproduction and Anti-Copying), Section 8 (Confidentiality),
Section 9 (Intellectual Property), Section 15 (Limitation of Liability), Section 16
(Indemnification), Section 17.2 (Data Retention After Termination), Section 19 (Governing
Law and Dispute Resolution), and Section 20 (General Provisions).
21. Additional Agreements
21.1 Vendor Services Agreement
If you are a Vendor, your use of the Service is also governed by the Vendor Services
Agreement, which contains additional terms regarding enrollment, data licensing,
confidentiality, intellectual property restrictions, and fees specific to Vendors.
21.2 Licensee Services Agreement
If you are a Licensee or Organization, your use of the Service is also governed by the
Licensee Services Agreement, which contains additional terms regarding enrollment, billing,
data licensing, confidentiality, and intellectual property restrictions specific to
Licensees.
21.3 White-Label Service Addendum
If you utilize the White-Label Service, your use is also governed by the White-Label Service
Addendum, which contains additional terms regarding the scope, limitations, and conditions
of the White-Label Service.
21.4 Hierarchy
In the event of a conflict between these Terms and any additional agreement (Vendor Services
Agreement, Licensee Services Agreement, or White-Label Service Addendum), the additional
agreement shall control with respect to the subject matter it covers. For all other matters,
these Terms shall control.
21.5 Data Processing Agreement
If you are a Licensee or Vendor subject to the General Data Protection Regulation (GDPR) or UK GDPR, your use
of the Service is also governed by the Data Processing Agreement, which sets out the terms under which the
Company processes personal data on your behalf.
22. Contact Us
If you have any questions about these Terms, please contact us:
Spec In A Sec, LLC
Email: info@specinasec.com