These Terms of Service (this “Agreement”) between AMUX Designs LLC (“we”, “us” or “AMUX Designs”) and you govern your access and use of our web platform made available through www.abigailmercer.com (this “Site”) and the subscription or other services we provide (the “Services”). By using this Site and accessing our Services and Digital Products in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
This Site is controlled and operated by us from our offices within the United States. We make no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Those who choose to access this site from locations outside the United States are responsible for compliance with all applicable laws.
We may update this Agreement from time to time. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check the “Terms of Service” link on the home page each time you visit this Site, so you are aware of any updates.
2.1 Our privacy policy, which can be found at https://amux.notion.site/AMUX-Designs-Privacy-Policy-17f2e1263ae64892ae6d103c16a3f43f (the “Privacy Policy”), describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately. You must be at least age 18 to access this Site.
3.1 Subject to your compliance with this Agreement, as well as your subscription for an applicable plan and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term to which you have subscribed or for the duration of your design service such as web design and/or brand identity. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, without notice to you.
3.2 You may only access and use the Services in accordance with the terms of the Agreement. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any form on this Site or in the Client Portals housed in either Trello or Notion.so; (ii) maintain and promptly update the Registration Data, to keep it accurate, current and complete; (iii) maintain the security of any password and identification information; (iv) notify us immediately of any unauthorized use of your account; (v) accept sole responsibility for any and all activities that occur on your account. Each person who uses any Services must have a separate username and password. You must provide a valid email address for each person that you authorize to use your account. You agree to provide any other information that we reasonably request.
3.3 You are responsible for obtaining and maintaining all telecommunications, broadband and computer equipment and services needed to access and use the Services and for paying all charges related thereto.
3.4 We may terminate your account without prior notice or liability to you, if we find, in our sole and exclusive discretion, that you: (i) have violated this Agreement; (ii) are not in alignment with our model; (iii) are sharing usernames or passwords; (iv) violate our core values; or (v) are abusing our services in any way, including using our services for illegal purpose.
3.5 “Deliverables” means content that we develop and provide specifically for you based on your design requests. Deliverables do not include Licensed Content, which is subject to certain license restrictions.
3.6 “Licensed Content” means stock or otherwise pre-existing content elements that we own or license from a third party, including artwork, stock photographs, audio, typeface, video, designs, and writings. While you are, and will be, the sole and exclusive owner of all right, title, and interest in and to the Deliverables, the Licensed Content incorporated in the Deliverables is subject to the license described in Section 5 below. No rights are granted to you to any Licensed Content other than as expressly set forth herein.
3.7 Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal and commercial business purposes. You may not access or use the Services in order to monitor its availability, performance, or functionality for competitive purposes. You may not, and may not permit any third party to: (a) reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble or otherwise attempt to discover source code, object code or underlying structures, ideas or algorithms of the Services, (b) modify, translate or create derivative works based on the Services, (c) use the Services for any purpose other than its own internal purposes; or (d) use the Services other than in accordance with the Agreement and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).
3.8 You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit in any manner any feedback, suggestions or recommendations that you provide to us.
3.9 Free Trials; Automatic Transition to Paid Subscription. From time to time, we may offer free trials to use one or more of the Services subject to this Agreement (“Free Trials”). A Free Trial is an opportunity for you to use such Services free of charge for the period of time communicated in the Free Trial offer for the selected Service (the “Trial Period”). If you register for a Free Trial for any selected Service, the Trial Period will begin on the date that you register for the Free Trial, and, regardless of whether or not you use the selected Service, Trial Period will expire at the end of the Trial Period.
If you choose to cancel your selected Service during the Trial Period, all your rights relating to your account and our Services will terminate, and you will lose all access to our Services and all design files associated with those Services at the end of the Trial Period. If you do not cancel your selected Service before the end of the Trial Period, your account and selected Service will automatically continue after the Trial Period under a standard paid subscription in accordance with the fees and terms specified when you registered for the Free Trial and the terms of this Agreement. This change in the status of your account from Free Trial to standard paid subscription will occur at the end of the Trial Period with no further action from you unless you have previously cancelled your account. You further agree that, unless you have cancelled your selected Service before the end of the Trial Period, you authorize us to charge your method of payment (e.g., credit card) for the standard paid subscription fees and applicable taxes for your selected Services from the end of your Trial Period based upon your chosen billing frequency (e.g., monthly, quarterly, annually).
You must have a valid payment method associated with your account in order to participate in a Free Trial, and the Free Trial may be terminated in the event that your payment method is deleted, cancelled, transferred or otherwise determined by us to be invalid or inadequate. You acknowledge and agree that we may terminate or modify our Free Trials, or change or terminate the selected Service, or offer for a similar service or offer, at any time, in our sole discretion.