This agreement (called the "Agreement") is a legally binding agreement between NICOLÁS ZUMÁRRAGA (NZ), a natural person resident in Spain with id number ES 54298760S, and the client (called the "Client"), whether an individual or representing an entity. It concerns the use of NZ ´S website, https://www.slidejoy.co, and any other media connected to it, such as mobile apps. If the Client does not agree to and follow all the terms, conditions, and obligations in this Agreement, they are not allowed to use the website and must stop using it immediately. The relationship between the Client and NZ will end, except for the Client's obligation to pay NZ for services already provided.

1. Intellectual Property Rights

Unless otherwise stated, NZ owns the website and all its content, including source code, databases, software, website design, audio, video, text, photos, graphics, and trademarks and service marks (collectively referred to as "Content" and "Marks," respectively). The Content and Marks are provided for your personal use only and should not be copied, reproduced, republished, uploaded, posted, displayed, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without NZ ´S written permission. NZ reserves all rights to the website, Content, and Marks.

2.     Ownership of Materials

Unless otherwise stated, NZ owns the website and all its content, including source code, databases, software, website design, audio, video, text, photos, graphics, and trademarks and service marks (collectively referred to as "Content" and "Marks," respectively). The Content and Marks are provided for your personal use only and should not be copied, reproduced, republished, uploaded, posted, displayed, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without NZ ´S written permission. NZ reserves all rights to the website, Content, and Marks.

3.     Third-Party Fonts

If a project includes fonts that NZ does not own and require a commercial license for the client to legally reproduce, distribute, or display the project ("Third-Party Fonts"), NZ  will inform the client in writing. The client will need to purchase a license for these fonts from the rights holder in order to legally reproduce, distribute, or display the project. The notice will include information on which licenses are required and who to contact to purchase them. The client is responsible for any consequences of failing to purchase the necessary licenses for any Third-Party Fonts used in a project, as long as NZ has informed the client of their inclusion as described above.

4. “Unlimited” Design Requests

Upon subscribing to our service, you will have the freedom to make unlimited design requests. While there is no cap on the number of design and revision requests you can submit, they will be handled one at a time in the order you specify. To request designs, you will use our designated Trello Board, where you can provide additional details about the tasks and choose the order in which you would like them to be completed. Turnaround time for requests may vary based on their complexity, with the average request being delivered within three business days. For simpler tasks, next-day or even same-day delivery may be possible. Please note that our services are only available during regular business days (Monday to Friday).

5. User Representations

By using the website, the client agrees to the following:

• The client has the legal capacity to follow these terms of service.

• The client is not a minor in their jurisdiction of residence.

• The client will not access the website using automated or non-human means.

• The client will not use the website for any illegal or unauthorized purpose.

• The client's use of the website will not violate any applicable laws or regulations.

  
  

6. Prohibited Activities

The client agrees to only use the website for its intended purpose and for no other commercial endeavors except those related to NZ ´S work for the client. The client also agrees not to:

• Make any unauthorized use of the website.

• Retrieve data or content for the purpose of creating a database or directory.

• Circumvent, disable, or interfere with security features on the website.

• Engage in unauthorized framing or linking of the website.

• Trick, defraud, or mislead NZ or other users.

• Interfere with, disrupt, or burden the website or NZ ´S networks or servers.

• Use the website to compete with NZ.

• Decipher, decompile, disassemble, or reverse engineer any software on the website.

• Bypass any measures on the website designed to prevent or restrict access.

• Harass, annoy, intimidate, or threaten NZ ´S employees, contractors, or agents.

• Delete the copyright or other rights notice from any content.

• Copy or adapt the website's software.

• Upload or transmit viruses, Trojan horses, or other material that interferes with the website or modifies, impairs, disrupts, alters, or interferes with its service, features, functions, operations, or maintenance.

• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism.

• Disparage, tarnish, or harm NZ.

• Use the website in a manner inconsistent with any applicable laws, statutes, or regulations.

  
  

7. Client Feedback

The client agrees that any comments, suggestions, or other feedback (called "Submissions") they provide to NZ become the sole property of NZ. NZ is not required to keep these Submissions confidential and can use them for any lawful purpose without permission, acknowledgment, or compensation to the client. The client agrees that they have the right to provide the Submission and waive all claims against NZ for its use of the Submission in accordance with this agreement.

8. Management and Oversite

NZ reserves the right to monitor the website for violations of these terms of service and take legal action in response to a violation of these terms or any applicable laws, statutes, or regulations. NZ also reserves the right to restrict or deny access to the website or disable the client's use of the website. These decisions are at the sole discretion of NZ and are made to protect their rights and property.

9. Privacy Policy

By using the website, the client agrees to the terms of NZ ´S privacy policy. The website is hosted in the European Union (EU) and accessing it from other regions may result in the application of different laws, statutes, or regulations governing the collection, use, or disclosure of personal data. By continuing to use the website and transferring data to the UE, the client gives their express consent to the transfer and processing of data in the UE. NZ does not knowingly accept or solicit information from individuals under 18 years old. In accordance with the Children's Online Privacy Protection Act in the UE, NZ will delete any personally identifiable information from individuals under 13 years old that it receives without parental consent as soon as reasonably possible.

10. Returns and Refunds

NZ reserves the right to deny refunds at its discretion and without notice or liability to the client. Refund requests are evaluated on a case-by-case basis. If the client requests a refund within the first month of use, all materials produced by NZ are owned by NZ and the client is prohibited from using them in any way. NZ reserves the right to take legal action against the client for violating this provision.

11. Modification

NZ reserves the right to change, alter, modify, amend, or remove any content on the website at its discretion. NZ also reserves the right to modify or discontinue all or part of the website without notice and without liability to the client.

12. Connection Interruptions

NZ does not guarantee that the website will be available and accessible at all times. Hardware, software, or other issues may cause delays or errors that are beyond NZ ´S control. The client agrees that NZ is not responsible for any loss, damage, or inconvenience caused by the client's inability to access or use the website during an interruption in the connection or service.

13. Governing Law

These terms of service are governed by and interpreted in accordance with the laws of Spain, without regard to conflict of law principles.

14. Litigation

Any legal action related to these terms of service will be brought in the courts of Madrid, Spain. The parties agree to personal jurisdiction in these courts and waive any defences of lack of personal jurisdiction and forum non-conveniences regarding venue and jurisdiction.

15. Disclaimer

The website is provided "as is" and "as available." The client agrees that their use of the website and services is at their own risk. NZ disclaims all warranties, express or implied, related to the website and the client's use of it, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. NZ makes no warranties or representations about the accuracy or completeness of the website or any content on it or on linked websites and assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury, or property damage, unauthorized access to or use of NZ ´S secure servers and personal or financial information stored there, interruptions or cessations of transmission to or from the site, bugs, viruses, Trojan horses, or other material transmitted to or through the website by any third party, or errors or omissions in content and materials. NZ does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party on the website, a linked website, or through any other advertising.

16. Limitations of Liability and Indemnification

NZ and its directors, employees, members, independent contractors, or agents will not be liable to the client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profits, lost revenue, lost data, attorney's fees, court costs, fines, forfeitures, or other damages or losses arising from the client's use of the website. The client agrees to defend, indemnify, and hold NZ and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorney's fees and expenses, made by any third party due to or arising out of (1) the use of the website, (2) a breach of these terms of service, (3) a breach of the client's representations and warranties in this agreement, or (4) the client's violation of the rights of any third party, including but not limited to intellectual property rights. However, NZ reserves the right, at the client's expense, to assume control and defence of any matter for which the client must indemnify NZ under this section. The client agrees to cooperate with the defence of such claims.

17. User Data

The client is solely responsible for all data transmitted or related to any activity they undertake using the website. NZ is not liable for any loss or corruption of this data, and the client waives any right to take action against NZ for such loss or corruption.

18. Electronic communications, transactions, and signatures

The client consents to receive electronic communications from NZ and agrees that all agreements, notices, disclosures, and other communications sent by email or through the website satisfy any legal requirement that such communication is in writing. The client agrees to use electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by NZ or through the website. The client waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by means other than electronic.

19. Showcasing Design Work

NZ reserves the right to share design work on digital channels such as social media and the website unless otherwise agreed upon. The client has the right to request a non-disclosure agreement (NDA) with NZ, which would void NZ ´S right to share or discuss the client's work publicly.

20. Pause feature

NZ understands that your design requirements may experience variations on a monthly basis. In the event of a limited need for design requests, our subscription service offers a convenient pause option. It is crucial to note that our billing cycles operate on a monthly basis.

For illustrative purposes, suppose you subscribe and actively utilize the service for 15 days before opting to pause. In such a scenario, you retain 15 days of unused service. These remaining days remain accessible for your use at any time in the future, within a maximum period of 3 months. Please be aware that the option to resume your subscription is available for a maximum period of 3 months after pausing. If you choose not to resume within this timeframe, the remaining unused days, such as the 15 days in the provided scenario, will expire.

Subsequently, upon reactivation after the 3-month period, a full subscription payment will be required to resume the service, and the billing cycle will restart as if it were a new subscription. This means that any previously accrued but unused days, like the initial 15 out of 30 days, will not be carried forward, and a new monthly subscription fee will apply. Please note that you can pause your subscription up to two times during your subscription period.

21. Miscellaneous

These Terms of Service and any policies posted on the website or regarding the website constitute the entire agreement between the client and NZ. NZ ´S failure to enforce any right or provision of these Terms of Service does not waive such right or provision. If any provision or part of these Terms of Service is deemed unlawful, void, or unenforceable, that provision will be severed from these Terms of Service, but it will not affect the validity or unenforceability of the remaining provisions. Nothing in these Terms of Service, the Privacy Policy, or on the website shall be interpreted as forming a joint venture, partnership, employment, or agency relationship between the client and NZ .

22. Contact Information

For any questions or complaints regarding the Website, please contact NZ at: hello@slidejoy.co