Last Updated: July 19, 2024
Welcome to Subscribe Design, LLC ("Subscribe Design"), a Delaware limited liability company. This Terms of Service Agreement ("Agreement") governs your access to and use of our website located at https://subscribe.design ("Website"), and the design subscription services we offer ("Services"). By accessing the Website or using the Services, you ("Client" or "you") agree to be bound by this Agreement. If you do not agree to this Agreement, please do not use our Website or Services.
In this Agreement, the following terms shall have the meanings specified below:
This Agreement constitutes a legally binding contract between Subscribe Design and you. By accessing the Website or using the Services, you agree to be bound by this Agreement and any Additional Terms, including Scopes of Work, that are incorporated herein by reference. You represent that you have the legal capacity to enter into this Agreement and that you will comply with all its terms.
The Website and all content, including software, designs, text, graphics, pictures, and other materials provided by or on behalf of Subscribe Design ("Content"), are the exclusive property of Subscribe Design, LLC, or its licensors. The Content is protected by copyright and other intellectual property laws. You may use the Content for your personal and non-commercial use only. Unauthorized use, reproduction, or distribution of the Content is strictly prohibited.
You agree to use the Services only for lawful purposes and in accordance with this Agreement. You will not use the Services in any way that violates any applicable federal, state, local, or international law or regulation. Our Services are designed to provide high-quality, on-demand product design and engineering, including website and app UI/UX design, web and mobile app development, and other related services.
Any designs, feedback, comments, or suggestions you may provide regarding the Services or the Website are entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You agree not to misuse the Website or Services or help anyone else do so. Prohibited activities include, but are not limited to, attempting to interfere with the Website's operation, accessing the Services by automated means, and using the Services to infringe on intellectual property rights.
If any design project includes fonts or materials that require additional licensing, Subscribe Design will inform you accordingly. It is your responsibility to obtain and maintain any such licenses.
Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated herein by reference. By using the Website or Services, you consent to the collection and use of personal information as outlined in the Privacy Policy.
Subscribe Design's refund and cancellation policies are subject to our discretion and may vary depending on the specifics of the service provided.
We aim to ensure satisfaction with our Services but reserve the right to refuse refunds under certain conditions. You may pause or cancel your subscription at any time without long-term commitments.
After your subscription ends, Subscribe Design is not obligated to provide ongoing maintenance or support. This includes issues arising from changes to APIs, software updates, or any other changes that may affect the functionality of your website or app. If you require maintenance or support after your subscription has ended, you may request such services at an additional cost. Subscribe Design is not responsible for any errors or malfunctions that occur post-subscription unless a separate maintenance agreement is in place.
Subscribe Design is committed to delivering high-quality design services within the following timelines:
While we strive to meet these timelines consistently, unforeseen circumstances may occasionally cause delays. We will communicate any delays promptly and work to resolve them as quickly as possible.
To the maximum extent permitted by law, Subscribe Design shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Services.
You agree to indemnify and hold harmless Subscribe Design, its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, arising out of your use of the Services, your violation of this Agreement, or your violation of any rights of another.
Either party may terminate this Agreement upon notice if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days of notice. Upon termination, you must cease all use of the Services. Termination does not relieve you of any payment obligations accrued prior to termination.
Payment for Services is due in advance, according to the billing cycle agreed upon. Payments can be made by credit card. By submitting payment, you acknowledge that you have read, understood, and agree to Subscribe Design’s Terms of Service and any specific Scope of Work provided for your project.
Subscribe Design reserves the right to use any work created for clients in our portfolio, marketing materials, or case studies. This includes displaying the work on our Website and in presentations. If you prefer not to have your work included in our portfolio, please notify us in writing at the time of your project initiation.
Subscribe Design reserves the right to modify this Agreement at any time. All modifications will be posted on the Website, and your continued use of the Services after any modification indicates your acceptance of the new terms.
This Agreement and your use of the Website and Services will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.
Any disputes arising under or in connection with this Agreement shall be resolved through binding arbitration in Delaware, in accordance with the rules of the American Arbitration Association.
The terms outlined in any Scope of Work or other additional documents provided to you by Subscribe Design are incorporated into this Agreement by reference. In the event of any conflict between this Agreement and the Scope of Work, the Scope of Work shall prevail.
For any questions, complaints, or claims related to the Services or Website, please contact us at: hello@subscribe.design.
This Agreement constitutes the entire agreement between you and Subscribe Design regarding the use of the Website and Services. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.