Terms of Services
Last Updates: 01/01/2025
Website: https://thedesignsfactory.com
PLEASE READ CAREFULLY – These Terms of Service govern your use of The Designs Factory (TDF) website and services. By accessing or using our services, you agree to be bound by these terms. If you do not agree, you may not access or use our services.
1. Acceptance of Terms
   1.1. These Terms of Service (“Terms”) apply to your access and use of TDF services, including subscription-based unlimited design services (“Services”). By placing an order or using our Services, you agree to these Terms.
   1.2. If you order on behalf of a company or organization, you confirm that you have the authority to bind that entity to these Terms.
   1.3. We may update these Terms from time to time. Your continued use of TDF services constitutes acceptance of the revised Terms.
2. Privacy Policy
   2.1. TDF’s Privacy Policy describes how we collect, use, and protect your information. By using our Services, you accept the practices outlined in our Privacy Policy: https://thedesignsfactory.com/privacy-policy.
   2.2. You must be at least 18 years old to use TDF services.
3. Our Services
3.1. TDF provides subscription-based unlimited design services. Access to Services depends on your subscription plan and timely payment.
3.2. We may modify or discontinue Services at any time without notice.
3.3. You agree to provide accurate account information, maintain your login credentials, and notify us of unauthorized use.
3.4. Each user of the Services must have a separate account and valid email address.
4. Content Ownership & Licenses
4.1. Customer Content: You retain ownership of all materials you provide to TDF (“Customer Content”) and grant us a license to use it solely to provide Services.
4.2. Deliverables: You own all rights to final designs created by TDF, subject to full payment and compliance with these Terms.
4.3. Pre-Existing Materials: Any pre-existing TDF materials used in your designs remain TDF property. You are granted a non-exclusive, non-transferable license to use these materials within your deliverables.
4.4. Portfolio Rights: TDF may showcase your designs for marketing purposes unless you revoke this right in writing.
5. Fees and Payment
5.1. Access to Services requires payment of subscription fees. All payments are non-refundable except as stated below.
5.2. TDF may update pricing with notice. Continued use constitutes acceptance.
5.3. Subscription cancellations stop future charges but do not refund prior payments.
5.4. Satisfaction Guarantee: Monthly subscriptions may request a full refund within 30 days of sign-up if unsatisfied. Renewals are not eligible.
6. Confidentiality
6.1. Both parties agree to keep confidential information private and use it only for providing or receiving Services.
6.2. Confidentiality obligations survive for five (5) years after termination.
7. User Conduct
7.1. You agree not to use TDF services for illegal purposes, harassment, or discrimination.
7.2. We may suspend or terminate accounts for abuse or violation of our policies.
8. Termination
8.1. TDF may terminate Services for breach of these Terms.
8.2. Upon termination, your rights to access Services and deliverables cease, except as otherwise stated in these Terms.
9. Warranties & Liability
9.1. Services are provided “as-is.” TDF does not guarantee error-free results.
9.2. To the extent permitted by law, TDF’s liability is limited to the amount paid for the Services.
10. Indemnification
10.1. You agree to indemnify and hold TDF harmless from claims arising from your use of the Services or Customer Content.
11. Links and Third-Party Services
11.1. TDF is not responsible for third-party websites or content linked through our Services.
12. Copyright & DMCA
12.1. We respect copyright law and will respond to valid DMCA notices.
13. Governing Law & Disputes
13.1. These Terms are governed by the laws of [Your State/Country].
13.2. Any disputes are subject to binding arbitration on an individual basis. Class actions are prohibited.
13.3. Claims must be filed within one (1) year of the event giving rise to the claim.
14. Miscellaneous
14.1. You may not assign your rights without TDF’s consent; TDF may assign freely.
14.2. If any provision is invalid, remaining provisions remain effective.
14.3. Failure to enforce a right is not a waiver.
14.4. Force majeure events release TDF from liability for performance delays.
Contact Us
For any questions or concerns regarding these Terms, please contact us at:
Email: hello@thedesignsfasctory.com
Phone: 201-736-5829
Address: Houston, Texas
By accessing or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
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