Effective Date: 9/16/2023
1. Intellectual Property Rights
Unless explicitly stated otherwise, the Website is the exclusive property of Tech Binary. All elements comprising the content, such as source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and format (collectively or individually known as the “Content”), including the trademarks, service marks, and logos associated (the “Marks”), are owned and managed by Tech Binary. They are protected by copyright and trademark laws, as well as other relevant intellectual property regulations in the United States, foreign jurisdictions, and international agreements. The Content and Marks are provided “As-Is” solely for your personal information and use. Unless expressly permitted herein, no aspect of the Website or any Content may be copied, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise utilized for any commercial purpose without prior written authorization from Tech Binary. All rights in the Website, Content, and Marks are reserved by Tech Binary.
2. Ownership of Materials
Despite Tech Binary’s ownership of Submissions, as explained in Section 4 (“Client Feedback”), all design and original source files created on behalf of the Client (“Projects”) remain the property of the Client. The Client holds sole ownership of the copyright for all Projects. If any legal requirement were to cause Tech Binary to assume ownership of a Project, in whole or in part, instead of the Client, Tech Binary unconditionally and perpetually transfers its entire interest in the Project to the Client without limitations. The Client guarantees that any materials provided to Tech Binary, such as examples or material to be integrated into a project during the design process, are owned by the Client and do not infringe upon or misappropriate any rights of third parties, including but not limited to intellectual property rights and any right of publicity. Tech Binary retains the right to publicly showcase the Client’s design work (e.g., social media, website) unless otherwise stated in Section 18 of this document.
3. Third-Party Fonts
If any Project integrates fonts not owned by Tech Binary and necessitates a commercial license for legal reproduction, distribution, or public display of the Project (“Third-Party Font(s)”), Tech Binary will provide written notification to the Client. This notice will detail the incorporation of Third-Party Fonts into the Project and advise the Client to obtain licenses for these fonts from the respective rights holders in order to legally reproduce, distribute, or publicly display the Project. The notice will contain adequate information for the Client to identify the required licenses and appropriate contacts for licensing. Provided that Tech Binary informs the Client as described above, the Client assumes all responsibility for any consequences arising from the Client’s failure to obtain necessary licenses for Third-Party Fonts included in a Project.
4. User Representations
By utilizing the Website, the Client declares and warrants that:
5. Prohibited Activities
The Client is only permitted to access or use the Website for its intended purpose. The Website shall not be employed for commercial endeavors except those tied to the work performed by Tech Binary on behalf of the Client. Additionally, the Client agrees not to engage in the following actions:
6. Client Feedback
The Client acknowledges that any questions, comments, suggestions, or other feedback (“Submission”) become the exclusive property of Tech Binary. Tech Binary is not obligated to maintain the confidentiality of a Submission or take steps to ensure its confidentiality. Tech Binary holds sole and unrestricted ownership of all rights related to the Submission, except to the extent that rights are granted to the Client as stated in Section 2 (“Ownership of Materials”). Tech Binary has the discretion to utilize and distribute a Submission for lawful purposes without permission, recognition, or compensation to the Client. The Client waives any claims against Tech Binary for the use of the Submission as outlined in the terms hereof and at Tech Binary’s discretion.
7. Management and Oversight
9. Returns and Refunds
Tech Binary maintains the discretion to decline refunds without prior notice or liability to the Client. Refund requests are evaluated on a case-by-case basis. Should the Client request a refund within the initial month of usage, any materials produced by Tech Binary will remain the property of the company and cannot be utilized by the Client in any manner. If a refund is deemed appropriate, a 25% fee will be applied to the remaining billable period. Tech Binary reserves the right to take legal actions against the Client for breach of this provision.
Tech Binary reserves the right to modify, alter, amend, or remove any content on the Website for any reason at its sole discretion. Tech Binary may also modify or discontinue the entire Website or parts thereof without notice or liability to the Client.
11. Connection Interruptions
Tech Binary does not guarantee uninterrupted availability and accessibility of the Website. Issues such as hardware, software, or external factors beyond Tech Binary’s control may lead to interruption, delays, or errors. The Client acknowledges and agrees that Tech Binary shall not be held liable for any loss, damage, or inconvenience arising from the Client’s inability to access or use the Website during connection interruptions.
12. Governing Law
The Website is provided “As-Is” and “as available.” The Client acknowledges that their use of the Website and Services is at their own risk. Tech Binary disclaims all warranties, whether expressed or implied, relating to the Website and the Client’s use thereof, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Tech Binary makes no warranties or representations about the accuracy or completeness of the Website or any content therein or on linked websites. Tech Binary assumes no liability for content errors, personal injury, property damage, unauthorized access to secure servers, interruption or cessation of transmission, bugs, viruses, or errors transmitted by third parties. Tech Binary does not warrant, endorse, guarantee, or assume responsibility for third-party products or services advertised or offered through the Website.
15. Limitations of Liability and Indemnification
16. User Data
The Client is solely responsible for all data transmitted or relating to any activities undertaken using the Website. Tech Binary shall not be liable to the Client for any loss or corruption of such data, and the Client waives any right of action against Tech Binary for such loss or corruption.
17. Electronic Communications, Transactions, and Signatures
The Client consents to receiving electronic communications from Tech Binary and agrees that electronic communications satisfy any legal requirement for written communication. The Client also agrees to electronic signatures, contracts, orders, records, and electronic delivery of notices, policies, and transaction records. The Client waives any rights or requirements under laws that necessitate an original signature or non-electronic records.
18. Showcasing Design Work
Tech Binary reserves the right to publicly share design work on digital platforms, including social media and the website unless otherwise agreed. The Client can initiate a non-disclosure agreement (NDA) with Tech Binary, which would restrict Tech Binary from publicly sharing or discussing the Client’s work.
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21. Contact Information
For inquiries or complaints about the Website, please contact Tech Binary at: firstname.lastname@example.org.
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