Terms of Service

Last updated: October 17, 2024

Welcome to BondSketch. These Terms of Service ("Terms") govern your access to and use of BondSketch's chemical structure editor application, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Paddle as Merchant of Record

BondSketch uses Paddle as the Merchant of Record for processing all payments and subscriptions. This means:

  • You purchase your subscription from Paddle, who is the authorized reseller of BondSketch
  • BondSketch licenses the software and services to you
  • Paddle handles all payment processing, billing, tax collection, and invoicing
  • You are also subject to Paddle's Checkout Buyer Terms, available at paddle.com/legal/checkout-buyer-terms

In the event of any conflict between these Terms and Paddle's Checkout Buyer Terms regarding payment, billing, taxes, or refunds, Paddle's terms shall prevail as they are the Merchant of Record.

2. Acceptance of Terms

By creating an account or using the Service, you confirm that you:

  • Have read and understood these Terms
  • Agree to be bound by these Terms and our Privacy Policy
  • Are at least 13 years of age (or the age of majority in your jurisdiction)
  • Have the authority to enter into this agreement

If you do not agree to these Terms, you may not access or use the Service.

3. Description of Service

BondSketch provides a web-based chemical structure editor that allows users to:

  • Draw and edit chemical structures and molecules
  • Convert IUPAC names to chemical structures
  • Convert chemical structures to systematic names
  • Export structures in multiple formats (PNG, SVG, MOL, SMILES, InChI)
  • Copy structures to/from Microsoft Word documents (from Word requires Plus plan)
  • Store structures in cloud storage (Plus plan)
  • Access templates and common chemical structures

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

4. Account Registration and Security

4.1 Account Creation

To access certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your password
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access

4.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in conduct that we deem inappropriate or harmful to the Service or other users.

5. Subscription Plans and Pricing

5.1 Plan Types

BondSketch offers two subscription plans:

  • Basic Plan ($1.99/month or $16.99/year): Includes full structure editor, name conversion, Word integration (copy to), export formats, templates, and local storage
  • Plus Plan ($4.99/month or $48.99/year): Includes all Basic features plus bidirectional Word integration (copy from Word), cloud storage, backend integration, and priority support

5.2 Free Trial

We offer a 7-day free trial for new users. No credit card is required to start your trial. You will only be charged if you choose to subscribe to a paid plan after the trial period ends. You can cancel anytime during the trial without any charge.

5.3 Billing and Payment

All payments are processed by Paddle, our Merchant of Record. By subscribing to BondSketch, you agree to the following:

  • Payment Processing: Paddle (Paddle.com Market Limited or Paddle.com Inc, depending on your location) processes all payments using methods such as credit card, debit card, PayPal, and other available payment options
  • Billing Cycle: Subscription fees are billed in advance on a monthly or annual basis
  • Currency: All fees are in U.S. dollars unless otherwise stated
  • Taxes: Taxes (VAT, GST, sales tax) are included in the displayed subscription prices. Paddle handles all tax calculations and compliance based on your location
  • Invoices and Receipts: You agree to receive all invoices and receipts in electronic format via email from Paddle
  • Authorization: You authorize Paddle to charge your payment method for all fees incurred, including applicable taxes
  • Price Changes: Prices are subject to change with 30 days' notice. If a Paid Subscription price increases, Paddle will notify you and seek your consent to continue if required
  • Payment Information: You must provide accurate and up-to-date payment information. Paddle is not responsible for non-delivery of services due to incorrect information

For full details on payment processing, please refer to Paddle's Checkout Buyer Terms.

5.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. Paddle will charge your payment method between 00:00 and 01:00 UTC on the day your subscription renews. You will be charged the then-current subscription fee.

You can cancel your subscription at any time through your account settings in the BondSketch app. Cancellation will take effect at the end of your current billing period, and you will retain access to the Service until that time. If you cannot access your account, contact BondSketch support at cuong@dotochy.com for assistance with cancellation.

6. Consumer Rights and Refunds

6.1 Consumer Right to Cancel (EU/UK Residents)

If you are a consumer located in the European Union or United Kingdom, you have the right to cancel your purchase within 14 days from the date of purchase of a paid subscription without giving any reason, subject to the exception below.

Exception - Waiver of Cancellation Right: Because BondSketch is digital content that is made immediately available upon purchase of a paid subscription, by continuing to use the Service after your purchase, you expressly consent to immediate performance of this agreement and acknowledge that you will lose your right of withdrawal once you begin using the paid Service.

This means that once you purchase a paid subscription and continue using BondSketch, your 14-day cancellation right is waived. This is why we offer a 7-day free trial to allow you to test the Service before committing to a paid subscription. During the free trial, you may cancel at any time without any payment or obligation.

6.2 Refund Policy

  • 7-Day Free Trial: Cancel anytime during the trial period without charge. No credit card required for trial. This serves as your opportunity to evaluate the Service before purchase.
  • Post-Trial Refunds: After the free trial period ends and you begin a paid subscription, refunds are provided at the sole discretion of Paddle on a case-by-case basis. Paddle may refuse refund requests if they find evidence of fraud, refund abuse, or other manipulative behavior.
  • Consumer Rights: This refund policy does not affect your rights as a consumer in relation to products which are not as described, faulty, or not fit for purpose.
  • Billing Errors: If Paddle or BondSketch detects billing errors or technical issues, refunds may be issued at our discretion.
  • Wire Transfer Payments: Orders paid via wire transfer are not eligible for refunds, except for sales tax refunds above $100 at Paddle's discretion.

For refund requests, please contact Paddle support through their buyer support channels. All refund decisions are made by Paddle as the Merchant of Record.

6.3 Downgrades

If you downgrade from Plus to Basic plan:

  • Cloud storage access will be disabled
  • You will need to export your structures before downgrading
  • The change takes effect at the end of the current billing period
  • No refunds will be provided for the difference in subscription fees

7. User Content and Intellectual Property

7.1 Your Content

You retain ownership of all chemical structures, molecular diagrams, and other content you create using the Service ("User Content"). By using the Service, you grant us a limited license to:

  • Store and process your User Content to provide the Service
  • Display your User Content back to you
  • Create backups for disaster recovery purposes

We will not use your User Content for any other purpose without your explicit consent.

7.2 Our Intellectual Property

The Service, including its software, design, text, graphics, and other content (excluding User Content), is owned by BondSketch or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

  • Copy, modify, or reverse engineer any part of the Service
  • Remove any copyright or proprietary notices
  • Use the Service to create a competing product
  • Attempt to extract the source code of the Service

7.3 Ketcher License

BondSketch is powered by Ketcher, an open-source chemical structure editor. Ketcher is licensed under the Apache License 2.0. BondSketch provides additional features, infrastructure, and services built on top of the Ketcher editor.

8. Acceptable Use Policy

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Upload malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Interfere with or disrupt the Service or servers
  • Use automated tools to access the Service without permission (e.g., bots, scrapers)
  • Impersonate another person or entity
  • Share your account credentials with others
  • Use the Service to store or transmit illegal or harmful content
  • Violate any third party's intellectual property rights

9. Data and Privacy

9.1 Data Storage

  • Basic Plan: Your chemical structures are stored locally in your browser. We do not have access to or store your structures on our servers.
  • Plus Plan: Your structures are stored on our secure cloud servers. We implement industry-standard security measures to protect your data.

9.2 Data Backup and Recovery

We perform regular backups of cloud-stored data (Plus plan). However, we recommend that you maintain your own backups by exporting your structures regularly.

9.3 Data Export

You can export your chemical structures at any time in multiple formats (MOL, SMILES, InChI, PNG, SVG). We will provide reasonable assistance in exporting your data upon account termination.

9.4 Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Third-Party Services and Links

The Service may integrate with or contain links to third-party services, including:

  • Microsoft Word integration
  • Chemical naming services
  • Payment processors
  • Cloud storage providers

We are not responsible for the content, privacy practices, or terms of these third-party services. Your use of third-party services is subject to their respective terms and policies.

11. Disclaimers and Limitations of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the Service will be uninterrupted or error-free
  • Warranties regarding the accuracy or reliability of results

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BONDSKETCH SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, or goodwill
  • Service interruptions or data loss
  • Third-party content or conduct

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11.3 Chemical Accuracy

While we strive for accuracy, BondSketch is a drawing and editing tool. You are solely responsible for verifying the accuracy and correctness of chemical structures, names, and other scientific data. Do not rely solely on BondSketch for critical scientific, research, or medical decisions.

12. Indemnification

You agree to indemnify and hold harmless BondSketch, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any third-party rights

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

  • Posting the updated Terms on our website
  • Updating the "Last updated" date
  • Sending an email notification (for significant changes)

Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and may cancel your subscription.

14. Termination

14.1 Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account through account settings.

14.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause or notice, if:

  • You violate these Terms
  • Your use poses a security or legal risk
  • Your account has been inactive for an extended period
  • We are required to do so by law

14.3 Effect of Termination

Upon termination:

  • Your access to the Service will be immediately revoked
  • Cloud-stored structures (Plus plan) may be deleted after a grace period
  • No refunds will be provided except as required by law
  • Provisions that by their nature should survive will remain in effect

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with applicable law.

15.2 Informal Resolution

Before filing a claim, you agree to contact us at cuong@dotochy.com to attempt to resolve the dispute informally. We will work in good faith to resolve disputes through negotiation.

15.3 Arbitration

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property violations.

15.4 Class Action Waiver

You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class or representative action.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BondSketch regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, wars, acts of terrorism, pandemics, or internet service failures.

17. Contact Information

If you have questions about these Terms, please contact us at:

BondSketch Support:
Email: cuong@dotochy.com
Website: https://bondsketch.com

For payment, billing, or refund inquiries, contact Paddle:
Paddle Buyer Support: www.paddle.com/help

By using BondSketch, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.