Designgud Terms of Service

1. Acceptance of Terms
These Terms of Service (this “Agreement”) between Designgud (“we”, “us”, or “Designgud”) and you govern your access and use of our graphic design platform made available through www.designgud.co (this “Site”) and the subscription or other services we provide (the “Services”). By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement. This Site is controlled and operated by us from our offices within the Indonesia. We make no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from locations outside Indonesia are responsible for compliance with all applicable laws. We may update this Agreement from time to time. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check the “Terms of Service” link on the home page each time you visit this Site, so you are aware of any updates.

2. Privacy Policy
Our privacy policy, which can be found at Designgud Privacy Policy, describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately. You must be at least age 18 to access this Site.

3. The Services
3.1 Subject to your compliance with this Agreement, as well as your subscription for an applicable plan and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, without notice to you.
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3.2 You may only access and use the Services in accordance with the terms of the Agreement. You agree to:
(i) provide accurate, current, and complete information about you as may be prompted by any form on this Site (“Registration Data”); (ii) maintain and promptly update the Registration Data to keep it accurate, current, and complete;
(iii) maintain the security of any password and identification information; (iv) notify us immediately of any unauthorized use of your account; (v) accept sole responsibility for any and all activities that occur on your account. Each person who uses any Services must have a separate username and password. You must provide a valid email address for each person that you authorize to use your account. You agree to provide any other information that we reasonably request.
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3.3 You are responsible for obtaining and maintaining all telecommunications, broadband, and computer equipment and services needed to access and use the Services and for paying all charges related thereto. But, You are not permitted and do not have the right to add or remove columns in the Trello Board. Which has 3 columns, Queue, Active Request, and Approved.
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3.4 We may terminate your account without prior notice or liability to you if we find, in our sole and exclusive discretion, that you: (i) have violated this Agreement; (ii) are not in alignment with our model; (iii) are sharing usernames or passwords; (iv) violate our core values; or (v) are abusing our services or team in any way, including using our services for illegal purposes.
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3.5 “Licensed Content” means content that we own or license, including artwork, stock photographs, audio, typeface, video, designs, and writings. While you are, and will be, the sole and exclusive owner of all right, title, and interest in and to your graphic design project, the Licensed Content incorporated in your graphic design project is subject to the license described in Section 4 below. No rights are granted to you other than as expressly set forth herein. You grant us a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable right and license to commercially exploit in any manner any feedback, suggestions, or recommendations that you provide to us.
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3.6 Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal business purposes. You may not access or use the Services in order to monitor its availability, performance, or functionality for competitive purposes. You may not, and may not permit any third party to: (a) reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble, or otherwise attempt to discover source code, object code, or underlying structures, ideas, or algorithms of the Services; (b) modify, translate or create derivative works based on the Services; (c) use the Services for any purpose other than its own internal purposes; or (d) use the Services other than in accordance with the Agreement and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).

4. Use of the Services
4.1 You may use the Services for any number of projects and scope that you have subscribed for under the applicable plan and as are appropriate based on the size of your account. While we accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines, but we suggest you do not use our Services for time-sensitive projects.
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4.2 We do our best to minimize any mistakes. However, due to the nature of creative design, we cannot guarantee all files delivered will be 100% error-free. When we deliver a file to you, you agree to review and proof all files for any errors or omissions and notify us if any changes or corrections are needed within seven (7) days of receipt. We will do our best to rush edits to correct any mistakes that you notify us about during this time period. If you notify us of any errors after that time period, we are not required to but intend to try to work with you to make corrections.
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4.3 The speed of your account is determined by how many subscriptions you have. A subscription is a measurement of output and represents what we can accomplish in a business day, with our team, our software, and our graphic design platform. What we can create with a single subscription depends on many factors, including, but not limited to: (i) the type of plan; (ii) the volume of requests; (iii) and the complexity of requests. We do not guarantee the amount of work that we can create with a single subscription. To increase the volume of work we can complete within a business day, we suggest you add subscriptions to your account.
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4.4 You are the owner and/or controller of all of your information, data, or materials that you provide to us to use the Services (“Customer Content”). By submitting Customer Content to us, you are representing that you are the owner of such Customer Content and/or have the necessary rights, licenses, and authorization to distribute it. You grant us a worldwide, royalty-free, non-exclusive license to access and use Customer Content to provide the Services and as otherwise permitted under this Agreement. You acknowledge that we may access, use, modify, reproduce, distribute, display, and disclose Customer Content to provide the Services, to prevent or address service or technical problems, to respond to support requests, or as otherwise set forth in this Agreement. We may also analyze Customer Content in aggregate and on an anonymized basis to improve our Services and for other purposes. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Content.
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4.5 You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including but not limited to those related to privacy, data protection, intellectual property, and export control. You may not use the Services to engage in any illegal, fraudulent, or abusive behavior, or to transmit any viruses, malware, or other malicious code.
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4.6 You acknowledge that we may use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
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‍5. Payment Terms
‍5.1 You agree to pay all fees associated with your subscription to the Services in accordance with the pricing and payment terms specified on this Site or in a separate agreement between us. All fees are non-refundable, except as expressly provided in this Agreement.

‍6. Intellectual Property
‍6.1 We retain all right, title, and interest in and to the Services, including all intellectual property rights therein. Except as expressly provided in this Agreement, no license or other rights in or to the Services are granted to you, and you agree that you will not use, copy, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or attempt to derive source code from the Services.
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6.2 You retain all right, title, and interest in and to your graphic design project and any Customer Content provided by you. You grant us a license to use your graphic design project and Customer Content as necessary to provide the Services, including but not limited to reproducing, distributing, displaying, and disclosing such materials as described in this Agreement.

‍7. Termination
‍7.1 Either party may terminate this Agreement for any reason by providing written notice to the other party. Upon termination of this Agreement, all licenses granted hereunder will immediately terminate, and you must immediately cease all use of the Services.
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7.2 Sections 4.4, 5, 6, 7, 8, 9, and 10 will survive any termination of this Agreement.

‍8. Limitation of Liability
‍8.1 To the fullest extent permitted by applicable law, in no event will Designgud be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for lost profits, lost revenue, lost data, or other intangible losses, arising out of or relating to your use of or inability to use the Services, even if Designgud has been advised of the possibility of such damages.
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8.2 In no event will Designgud’s aggregate liability arising out of or related to this Agreement, whether in contract, tort, or otherwise, exceed the total amount paid by you for the Services during the twelve (12) month period immediately preceding the event giving rise to such liability.

‍9. Indemnification
‍You agree to indemnify and hold harmless Designgud, its affiliates, officers, directors, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your use of the Services; (ii) any Customer Content or other materials provided by you; (iii) any violation of this Agreement; or (iv) your violation of any rights of any other person or entity.

‍10. General
‍This Agreement constitutes the entire agreement between you and Designgud regarding your use of the Services and supersedes all prior or contemporaneous agreements, understandings, and communications, whether oral or written, between you and Designgud regarding such subject matter.