1. Introduction:
Welcome to DesignScription! By subscribing to or using our services, you agree to these Terms of Service (the “Terms”), which define the rights and responsibilities between you (the “Client”) and DesignScription (“we,” “us,” or “our”). Please read them carefully.
2. Definitions Service:
2.1 Service: Design services offered through our subscription plans (Basic, Standard, and For Startup).
2.2 Client: Any person or entity that subscribes to or uses our services.
2.3 Content: All visual materials, designs, and other products provided by DesignScription to the Client.
3. Scope of Services:
Our services vary by subscription plan, covering specific design services and revision limits. Details on each plan can be found on our pricing page. By subscribing, the Client agrees to adhere to the service scope of the selected plan.
4. Payments and Renewal:
4.1 Payments: Payments are billed monthly at the beginning of each subscription period.
4.2 Automatic Renewal: Subscriptions renew automatically at the end of each term unless canceled by the Client before the renewal date.
4.3 Cancellation: The Client may cancel their subscription at any time with no fees. Cancellation will be effective from the following billing cycle.
5. Usage Rights:
5.1 Ownership: Upon full payment, the Client receives ownership and usage rights for delivered designs, including commercial rights for marketing and promotional purposes.
5.2 Licensing: Designs may not be resold, sublicensed, or redistributed without our written permission.
5.3 Third-Party Elements: If a project incorporates third-party fonts or assets requiring a license, DesignScription will inform the Client. The Client will need to purchase these licenses for lawful usage and distribution.
5.4 Portfolio Use: DesignScription reserves the right to display completed work in its portfolio or on social media, unless the Client requests confidentiality.
6. Client Responsibilities:
6.1 Complete Information: The Client must provide a clear briefing and any necessary assets to complete the project effectively.
6.2 Revision Limitations: Revisions are included based on the subscription plan. Additional revisions beyond this may incur extra fees.
6.3 Appropriate Use: The Client agrees to use our services only for lawful purposes and in compliance with applicable laws and regulations.
7. Prohibited Activities:
The Client agrees not to:
7.1: Access the service through unauthorized means.
7.2 Use our designs or services in any unlawful, fraudulent, or harmful manner.
7.3 Copy, reverse-engineer, or misuse any portion of the service.
7.4 Disrupt, harm, or interfere with the functionality or security of DesignScription’s platform or networks.
8. Limitation of Liability:
DesignScription’s liability is limited to the amount paid by the Client in the past 12 months. DesignScription will not be liable for any indirect, incidental, or punitive damages arising from the use of our services.
9. Refund Policy:
Refunds are evaluated on a case-by-case basis. Requests made within the first 14 days of a subscription term may be considered for a partial refund. Any designs produced before cancellation will remain the property of DesignScription unless otherwise agreed.
10. Data Privacy and Transfer:
10.1 Data Privacy: We respect client privacy and use personal data solely for service provision. DesignScription will not share client data with third parties except as required by law.
10.2 International Data Transfer: If the Client is outside Canada, they consent to the transfer of data to our Canadian-based servers.
11. Governing Law and Dispute Resolution:
These Terms are governed by the laws of Ontario, Canada. Any disputes will be resolved in the courts of Ontario, and both parties agree to waive any objections to jurisdiction or venue there.
12. Amendments:
DesignScription reserves the right to modify these Terms periodically. Clients will be notified of significant changes, and continued use of the service after such updates constitutes acceptance of the new Terms.
13. Contact Information:
For questions or requests, please contact our team at support@designscription.co
