Tech Binary - Terms of Use


Effective Date: 9/16/2023


This TERMS OF USE AGREEMENT (referred to as the “Agreement”) establishes a legally binding understanding between TECH BINARY, a limited liability company registered under the laws of the state of Maryland (“Tech Binary”), and you, the client, acting either personally or on behalf of an entity (“Client”). This Agreement pertains to your access and utilization of Tech Binary’s website: https://www.techbinary.com/ (referred to as the “Website”), as well as any other forms of media, channels, mobile websites, or mobile applications associated, linked, or otherwise connected with it. By failing to agree to and comply with the terms, conditions, and responsibilities outlined herein, you are expressly prohibited from using the Website, and you are instructed to cease usage immediately. Subsequently, the relationship between the Client and Tech Binary will terminate and no longer be binding, except that any outstanding payment obligations owed by the Client to Tech Binary for rendered services will persist and continue as ongoing responsibilities.


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:

  • The Client possesses the legal capacity and agrees to comply with these Terms of Use.
  • The Client is not a minor within their jurisdiction of residence.
  • The Client will not access the Website through automated or non-human means.
  • The Client will not use the Website for any unlawful or unauthorized purposes.
  • The Client’s use of the Website will not breach any applicable laws or regulations.

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:

  • Make unauthorized use of the Website.
  • Gather data or content for the creation of a database or directory.
  • Bypass, disable, or otherwise interfere with security features on the Website.
  • Engage in unauthorized framing or linking of the Website.
  • Deceive, defraud, or mislead Tech Binary or other users.
  • Disturb or burden the Website or Tech Binary’s networks or servers.
  • Compete with Tech Binary using the Website.
  • Attempt to decipher, decompile, disassemble, or reverse engineer the Website’s software.
  • Evade measures on the Website intended to prevent or limit access.
  • Harass, threaten, or intimidate Tech Binary’s employees, contractors, or agents.
  • Remove the copyright or other rights notices from Content.
  • Copy or adapt the Website’s software.
  • Upload or transmit viruses or other harmful material.
  • Damage or interfere with the Website’s features, functions, or operations.
  • Engage in actions inconsistent with applicable laws, statutes, or regulations.

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

Tech Binary retains the right to monitor the Website for violations of these Terms of Use and to pursue appropriate legal action in response to such violations. Tech Binary also reserves the authority to restrict or deny access to the Website or disable the Client’s use of the Website, as determined solely by Tech Binary’s discretion. Decisions regarding the Website’s management are exclusively at Tech Binary’s discretion and are intended to safeguard Tech Binary’s rights and property.


8. Privacy Policy

By using the Website, the Client agrees to comply with the Privacy Policy and its associated terms incorporated herein. The Website is hosted in the United States, and its use in other regions may result in different legal regulations governing personal data collection, use, or disclosure. Continued use of the Website and data transfer to the United States signifies the Client’s consent to data transfer and processing within the United States. Tech Binary does not knowingly collect information from individuals under the age of 18, and, in accordance with the United States Children’s Online Privacy Protection Act, Tech Binary will delete such information promptly upon receiving the knowledge of its collection without parental consent.


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.


10. Modification

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

These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Maryland, without regard to conflict of law principles.


13. Litigation

Any legal action, regardless of nature, shall be initiated in the state courts of Washington County, Maryland, or in the United States District Court for the District of Maryland. The parties involved consent to personal jurisdiction in said courts and waive any defenses regarding lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act do not apply to these Terms of Use.


14. Disclaimer

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

Tech Binary and its directors, employees, members, contractors, or agents shall not be liable to the Client or any third party for direct, indirect, consequential, incidental, special, or punitive damages, including lost profits, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages arising from the Client’s use of the Website. The Client agrees to indemnify, defend, and hold harmless Tech Binary, its subsidiaries, affiliates, officers, members, agents, partners, employees, and contractors from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, resulting from the Client’s use of the Website, breach of these Terms of Use, breach of representations and warranties, or violation of third-party rights. Tech Binary reserves the right to assume control and defense of any matter for which the Client must indemnify Tech Binary. The Client agrees to cooperate with the defense of such claims.


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.


19. Referrals

Referral tracking and payouts are managed through our third-party partner, Rewardful.com.


20. Miscellaneous

These Terms of Use, along with any policies posted on the Website or pertaining to the Website, constitute the complete agreement and understanding between the Client and Tech Binary. Failure by Tech Binary to enforce any provision of these Terms of Use does not constitute a waiver of such provision. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use without affecting the validity or enforceability of the remaining provisions. Nothing in these Terms of Use, the Privacy Policy, or the Website shall imply the creation of a joint venture, partnership, employment, or agency relationship between the Client and Tech Binary.


21. Contact Information

For inquiries or complaints about the Website, please contact Tech Binary at: hello@tech-binary.com.


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