Terms of Service
Last updated on 25th September, 2023
1. Introduction
Welcome to DesignWand (An unit of SupratikRulz Consultancy). (“DesignWand”, “SupratikRulz Consultancy”, “Company”, “we”, “our”, “us”)! As you have just clicked to our Terms of Service, please make a pause, grab a cup of coffee, and carefully read the following pages. It will take you approximately 20 minutes.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at designwand.dev operated by DesignWand. and related services (“Websites” or “Service”) and contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.
Your agreement with us includes these Terms, our Privacy Policy, and our Subscription Terms (“Agreements”). By using our Websites and accessing our Service in any manner, you acknowledge that you have read and understood Agreements, and agree to be bound by them.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Please read it here https://designwand.dev/privacy.
Our Subscription Terms govern subscription, payment, cancelation, refund, and related terms. Please read Subscription Terms here https://designwand.dev/terms.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at hi@designwand.dev so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use Service.
Thank you for being responsible.
2. The Use of Service
Subject to your compliance with Agreements, as well as your subscription for an applicable plan and our timely receipt of your associated payment(s), we will make the applicable Service available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Service available subject to planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Service at any time, for any reason, without notice to you. You may use the Service according to the scope determined in terms of your subscription plan, which are indicated on the Plans & Pricing page.As part of DesignWand projects, we might use stock material covered under specific licenses, if required by and agreed with you. You shall be responsible for covering all our expenses related to the purchase and use of custom assets or any third-party materials (“Third-Party Materials”) in your project. Please note that if you would like to reuse a source file or apply it differently, you will need to ask DesignWand to do so on your behalf to avoid potentially being in violation of content licenses. As our customer, you are responsible for the correct use under the respective licenses.DesignWand shall bear no responsibility whatsoever should your initial intended use for any project change and should the license(s) and/or usage(s) secured for you by DesignWand be inadequate for your altered intended use of any project. You warrant and represent that you own the intellectual property right(s), or possess the appropriate license(s) and/or usage(s), for any and all Third-Party Materials provided by you to DesignWand and which are incorporated in any project. While you are, and will be, the sole and exclusive owner of all right, title, and interest in and to your design project, the Third-Party Materials incorporated in your design project is subject to the license terms described in section 8 below. No rights are granted to you other than as expressly set forth herein.
3. Purchases
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Customer Content”). You are responsible for Customer Content that you post on or through Websites, including its legality, reliability, and appropriateness. By posting Customer Content on or through Websites, You represent and warrant that: (i) Customer Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Customer Content on or through Websites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringingon a copyright.You retain any and all of your rights to any Customer Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Customer Content you or any third party posts on or through Websites. However, by posting the Customer Content and using our Service you grant us a worldwide, royalty free, non-exclusive license to access and use Customer Content to provide the Service. DesignWand has the right but not the obligation to monitor and edit all Customer Content provided by users.
5. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
* In any way that violates any applicable national or international law or regulation.
* For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
* To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
* To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
* In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
* To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
* Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
* Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
* Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
* Use any device, software, or routine that interferes with the proper working of Service.
* Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
* Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
* Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
* Take any action that may damage or falsify Company ratings.
* Otherwise attempt to interfere with the proper working of Service.
6. No Use by Minors
The Service is not intended to be used by individuals under age of 16. You hereby represent and warrant to the Company that you meet the foregoing qualification. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you are prohibited from both the access and usage of Service.
7. Accounts
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
8. Intellectual Property
You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the deliverables, including all intellectual property rights therein. We agree that with respect to any deliverables that may qualify as “work made for hire” as defined in 17 U.S. Code §101, such deliverables are deemed a “work made for hire” for you. To the extent that any deliverables do not constitute a “work made for hire,” the Company assigns to you all right, title and interest, including all the Intellectual Property Rights in the Inventions developed and delivered to you through the Websites.“Inventions” shall include intellectual property, discoveries, developments, concepts, designs, ideas, know-how, modifications, improvements, derivative, works, inventions, trade secrets and/or original works of authorship, whether or not patentable, copyrightable or otherwise legally protectable, which are developed and delivered through the Service.“Intellectual Property Rights” shall mean all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, in each case, under the laws of any state, country, territory or other jurisdiction.If any rights to the Inventions cannot be assigned to you, we hereby grants to you an exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license to reproduce, distribute, display, perform, prepare derivative works of and otherwise modify, make, have made, sell, offer to sell, import, practice methods, processes and procedures and otherwise use and exploit, such Inventions.The Company Websites, and its original content (excluding Customer Content), features and functionality thereof are and will remain the exclusive property of DesignWand and its licensors. Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DesignWand.
9. Portfolio Rights
You hereby grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, publish, and display any deliverables that we develop in connection with the Service for the purpose of marketing and advertising (the “Portfolio Rights License”). You may revoke the Portfolio Rights License at any time by sending a written notice to hi@designwand.dev. If you revoke the Portfolio Rights License, we will stop using your deliverables for marketing and advertising purposes, however, your deliverables may continue to exist elsewhere online such as where the deliverables have been used by others in accordance with the Portfolio Rights License.If any of the Inventions constitute confidential information, you should inform the Company in advance, but in any case, by the end of the provision of services under these Terms of Service.
10. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hi@designwand.dev, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any content found on and/or through Service on your copyright.
11. DMCA Notice & Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
* a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
* identification of the URL or other specific location on Service where the material that you claim is infringing is located
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The above information must be submitted to the following DMCA Agent:Attn: DesignWand. Email: hi@designwand.dev
12. Confidentiality
We uphold confidentiality in all communication regarding your brand and business. We will not share any confidential information provided to us with third parties. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization, subject to our Privacy Policy.
13. Non-Solicitation
You agree that you will not directly (including through recruitment agencies and other third parties acting on your behalf) solicit or entice, or attempt to solicit or entice, away from the Company any designer or developer engaged on the Platform, provided that you shall not be in breach of this clause as a result of running a national advertising campaign open to all comers and not specifically targeted at any of the staff of the Company. You may not pay Company’s designer or developer engaged on the Platform outside the Service or otherwise create any agreement with them outside of the offerings provided by DesignWand. You are also prohibited from communicating with any designer or developer engaged in the Service regarding the provision of services outside the DesignWand Websites, and other communication platforms pre-agreed with the Company (normally Zoom and Slack). You may opt out of the obligations in this clause with respect to a particular designer or developer only if you pay the Company a conversion fee which shall constitute USD $50,000.00 (“Opt-Out Fee”). If the Company determines, in its sole discretion, that you have violated this Non-Solicitation section, we may, to the maximum extent permitted by law (i) charge your payment method the Opt-Out Fee (including interest) if permitted by law or send you an invoice for the payment of Opt-Out Fee (including interest), which you agree to pay within 30 days, (ii) close your account and revoke your authorization to use the Service, and/or (iii) charge you for all losses and costs and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.
14. Error Reporting and Feedback
You may provide us directly at hi@designwand.dev with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
15. Links to Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.
16. Disclaimer of Warranty
These Service is provided by company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk. Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
17. Indemnity & Limitation Of Liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
18. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
19. Governing Law & Arbitration
These Terms shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.All disputes arising out of or relating to these Terms and use of our Service shall be finally resolved by individual arbitration before a single arbitrator is conducted in the English language in Delaware, USA, under the Commercial Arbitration Rules of the American Arbitration Association (AAA). All disputes arising out of or relating to these Terms shall be finally resolved by individual arbitration. The arbitration will be conducted in Delaware, USA.To the fullest extent permitted by applicable law, and except as expressly provided below, you and DesignWand expressly waive any entitlement to resolve disputes in court or on a class, collective, or representative basis. You and DesignWand shall appoint as sole arbitrator a person mutually agreed by you and DesignWand or, if you and DesignWand cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party.All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, the application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, DesignWand shall be entitled to seek temporary injunctive relief, security, or other equitable remedies from the United States District Court for the District of Delaware or any other court of competent jurisdiction.
20. Changes to Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
21. Amendments to the Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Websites following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
22. Waiver & Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
23. Acknowledgement
By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
24. Contact Us
Please send your feedback, comments, requests for technical support:By email: hi@designwand.dev