Terms & Conditions
DesignShift Terms & Conditions
Last Updated: Oct. 1 2023
Welcome to DesignShift! These Terms and Conditions (“Terms”) constitute a legal agreement between you (“Client”) and DesignShift, the operator of the website located at www.wearedesignshift.com (the “Website”) and govern your use of the Website. By accessing or using the Website, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use the Website.
1. Intellectual Property Rights
Unless otherwise indicated, the Website and all its content, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of DesignShift and are protected by copyright and trademark laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website without the express written consent of DesignShift.
2. Ownership of Materials
DesignShift acknowledges that all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. Client warrants that any materials provided to DesignShift during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights. DesignShift reserves the right to share Client’s design work publicly (on social media, the website, etc.) unless otherwise agreed upon.
3. Third-Party Fonts
If any Project incorporates third-party fonts that require a commercial license, Client is responsible for purchasing the necessary licenses to legally reproduce, distribute, or publicly display the Project. DesignShift will inform Client about the incorporation of such fonts and provide necessary information for license acquisition. Client assumes all responsibility for consequences resulting from a failure to obtain the required licenses.
4. User Representations
By using the Website, Client represents and warrants that:
- Client has the legal capacity and agrees to comply with these Terms;
- Client is not a minor in their jurisdiction;
- Client will not use the Website for any illegal or unauthorized purpose;
- Client’s use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities
Client agrees not to:
- Make any unauthorized use of the Website;
- Retrieve data or content for creating databases or directories;
- Interfere with security-related features;
- Engage in unauthorized framing or linking;
- Trick, defraud, or mislead DesignShift or other users;
- Interfere with Website operations or networks;
- Compete with DesignShift;
- Reverse engineer any Website software;
- Bypass measures designed to prevent or restrict access;
- Harass, intimidate, or threaten DesignShift’s employees or agents;
- Disparage, tarnish, or harm DesignShift;
- Use the Website inconsistently with applicable laws.
By using the DesignShift website, you agree to these terms and conditions. For any questions or concerns, please contact us at hello@wearedesignshift.com.
6. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (“Submission”) shall be the sole property of DesignShift. DesignShift is under no obligation to keep a Submission confidential and may use and disseminate a Submission for any lawful purpose without Client’s permission or compensation. By making a Submission, Client confirms its right to do so and waives all claims against DesignShift for its use of the Submission.
7. Management and Oversight
DesignShift reserves the right to monitor the Website for violations of these Terms of Use and take appropriate legal action in response to violations. DesignShift may restrict or deny access to the Website without notice. All decisions regarding the management of the Website are at the sole discretion of DesignShift and are designed to protect its rights and property.
8. Privacy Policy
Client agrees to be bound by the Privacy Policy posted on the Website. The Website is hosted in the United States, and accessing it from other regions may subject Client to different laws regarding personal data. DesignShift does not knowingly collect information from individuals under the age of 18 in compliance with applicable laws.
9. Returns and Refunds
DesignShift may deny refunds at its discretion. Refund requests are assessed case by case. If a refund is approved within the first month, all materials produced by DesignShift remain its property. A 25% fee is applicable to the remaining billable period for approved refunds. DesignShift reserves the right to take legal actions for breaches of this policy.
10. Modification
DesignShift may change, alter, or remove content on the Website at its sole discretion. DesignShift can modify or discontinue all or part of the Website without notice or liability to Client.
11. Connection Interruptions
DesignShift does not guarantee uninterrupted Website availability. Client acknowledges that interruptions due to factors beyond DesignShift’s control may occur, and DesignShift is not liable for any resulting loss, damage, or inconvenience.
12. Governing Law
These Terms of Use are governed by the laws of the State of Maryland without regard to conflict of law principles.
13. Litigation
Legal actions shall be brought in the state courts of Washington County, Maryland, or in the United States District Court for the District of Maryland. The parties consent to personal jurisdiction in said courts and waive defenses of lack of personal jurisdiction and forum non conveniens.
14. Disclaimer
The Website is provided on an “as-is” basis. DesignShift disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. DesignShift is not liable for errors, personal injury, property damage, unauthorized access, interruptions, bugs, viruses, or inaccuracies of content. DesignShift does not endorse third-party products or services advertised on the Website.
15. Limitations of Liability and Indemnification
DesignShift, its directors, employees, members, contractors, or agents are not liable for any damages arising from Client’s use of the Website. Client agrees to defend, indemnify, and hold DesignShift and its affiliates harmless from any claims, including legal fees, arising from Client’s use of the Website.
16. User Data
Client is solely responsible for data transmitted to or relating to its activities on the Website. DesignShift is not liable for any loss or corruption of such data.
17. Electronic Communications, Transactions, and Signatures
Client consents to receive electronic communications and agrees to the use of electronic signatures, contracts, and records. Client waives any requirements for non-electronic records.
18. Showcasing Design Work
DesignShift reserves the right to share design work publicly unless an NDA is agreed upon between Client and DesignShift, explicitly restricting public sharing.
19. Referrals
Referral tracking and payouts are managed through our third-party partner, Rewardful.com.
20. Miscellaneous
These Terms of Use and posted policies constitute the entire agreement between Client and DesignShift. Failure to enforce any provision does not waive the right to do so later. If any provision is found unenforceable, it shall be severed without affecting the remaining provisions. Nothing herein constitutes a joint venture, partnership, employment, or agency relationship between Client and DesignShift.
21. Contact Information
For questions or complaints regarding the Website, contact DesignShift at: hello@wearedesignshift.com.