Last updated: 03/12/2024
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between GINGIBEE, TSC, the small company organized under the laws of the Republic of Lithuania (“Gingibee”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Gingibee's website: https://www.gingibee.com (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client's use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Gingibee shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Gingibee for services rendered shall remain and continue to be an ongoing obligation owed by Client to Gingibee.
Unless otherwise indicated, the Website is the property of Gingibee and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Gingibee and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Gingibee's express prior written permission. Gingibee reserves all rights in the Website, Content and Marks.
Notwithstanding Gingibee's ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), 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. In the event that any operation of law would cause Gingibee to become the owner of a Project, in whole or in part, rather than Client, Gingibee irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Gingibee as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party's rights, including, but not limited to, all intellectual property rights and any right of publicity. Gingibee always reserves the right to share the Client's design work publicy (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
In the event that any Project incorporates fonts that are not owned by Gingibee and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Gingibee will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Gingibee has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
By using the Website, Client represents and warrants that:
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Gingibee on behalf of the Client. Further, Client agrees to refrain from the following:
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Gingibee and Gingibee is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Gingibrr shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Gingibee for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
Gingibee reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Gingibee further reserves the right to restrict or deny access to the Website or disable the Client's use of the Website. Such decision shall be in the sole discretion of Gingibee, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Gingibee and shall be designed to protect Ginigbee's rights and property.
By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the EU. Access of the Website from the USA, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the EU which govern personal data collection, use or disclosure. Client's continued use of the Website and transfer of data to the EU constitutes express consent of Client to the transfer and processing of data in the EU. Gingibee does not knowingly accept or solicit information from individuals under the age of 18. Upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Gingibee without parental consent, Gingibee shall delete that information as soon as reasonably practical.
Gingibee offers 14 days refund policy to ensure an opportunity to test Gingibee out risk-free. Beyond the 14 day, there are no refunds for partial subscription plans under any circumstance, including unused time on a plan. In order to qualify for refund policy Client: Creates at least 1 project within Gingibee's platform providing as much detail as possible within the design request form. Client is obligated to give comments / feedback and allow designer at least 2 attempts to get design right. Should Client request a refund during the first 14 days of use, all materials produced by Gingibee are ownership of the company and are prohibited from being used by the Client in any way.
Client is not eligible for a refund if:
Client APPROVES any project, requests or download final files.
Gingibee reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Gingibee reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
Gingibee does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Gingibee's control. Client agrees that Gingibee shall not be liable to Client for any loss, damage or inconvenience caused by Client's inability to access or use the Website during any interruption in the connection or service.
A creative round is a measurement of creative output and what we are able to accomplish in a creative round depends on the complexity and total volume of your requests. How much can be created depends on many factors including, but not limited to the type of plan, the volume of requests, and the complexity of requests.
A creative round begins when the request or revision is assigned to our team through Design Request Form. Requests or revisions will not be assigned if they are unclear, vague or missing required assets and information. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.
Client may submit as many design requests as wanted using Gingibee's request form. Requests are organized by default. Client can always re-arrange priority projects through Gingibee's design board. Gingibee will work on one design at a time, including revisions. In order to move onto the next project, Client's current project must be fully completed and approved before we can move onto the next project.
Design output will be delivered 48 hours after the request. However, this might not be applied to all projects and might depend on project's complexity. In such case Gingibee is obligated to inform the Client about the extended deadline.
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Lithuania without regard to conflict of law principals.
Any claim relating to Gingibee web site shall be governed by the laws of the European Union without regard to its conflict of law provisions.
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client's sole risk. DesignJoy disclaims all warranties, express or implied, in connection with the Website and Client's use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. DesignJoy makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and DesignJoy assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of DesignJoy's secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. DesignJoy does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
Gingibee and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures or other damages or losses arising from Client's use of the Website.Client agrees to defend, indemnify and hold harmless, Gingibee and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client's representations and warranties set forth herein; (4) Client's violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Gingibee reserves the right, at Client's expense, to assume control and defense of any matter for which Client shall be required to indemnify Gingibee hereunder. Client agrees to cooperate with the defense of such claims.
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Gingibee shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Gingibee from any such loss or corruption.
Client hereby consents to receive electronic communications from Gingibee and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by DesignJoy or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
Gingibee reserves to right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Gingibee, which in turn would void the right of Gingibee to share or discuss Client's work publicly.
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Gingibee. Failure of Gingibee to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and Gingibee.
For any questions or complaints regarding the Website, please contact Gingibee at: info@gingibee.com