Last updated: 11/09/2023

This Terms of Use Agreement (the "Agreement") establishes a legally enforceable contract between Amazy Design, a sole proprietorship managed by Vadym Syliava, located in California, USA ("Amazy Design"), and the entity or individual utilizing the services ("Client"), regarding the usage and access of Amazy Design's website: https://www.amazy.design (the "Website"). A failure by the Client to agree to and follow all the stipulated terms and conditions results in an immediate prohibition of the Client's use of the Website, necessitating an immediate cessation of use. Following such cessation, the relationship between the Client and Amazy Design shall be considered null and void, except for the Client's ongoing responsibility to fulfill any payment obligations for services already provided by Amazy Design.

  1. Intellectual Property Rights

The Website is the sole property of Amazy Design, and all components such as source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, in any form (collectively and individually referred to as the "Content"), along with all trademarks, service marks, and logos (the "Marks"), are owned by Amazy Design. These elements are protected under copyright and trademark laws, alongside any other relevant intellectual property laws and regulations, both domestic and international. The Content and Marks are made available "As-Is" solely for informational and personal use. Unless explicitly stated in this Agreement, no portion of the Website or its Content may be copied, reproduced, compiled, republished, uploaded, posted, displayed, translated, transmitted, or distributed in any way for any commercial purpose without the express prior written consent of Amazy Design. All rights not expressly granted are reserved by Amazy Design in relation to the Website, its Content, and Marks.

  1. Ownership of Materials

Despite Amazy Design's claim to any submissions as outlined in Section 6 ("Client Feedback"), all designs and original source files crafted on behalf of the Client ("Projects") are the property of the Client, with the Client retaining exclusive copyright over these Projects. Should any legal mechanism inadvertently bestow ownership of a Project upon Amazy Design, Amazy Design will unconditionally and permanently transfer all interests in the Project back to the Client. The Client assures that all materials furnished to Amazy Design for use in the Projects are their property or they have the right to use them, and such materials do not infringe upon or misappropriate any third-party rights, including intellectual property rights and rights of publicity. Amazy Design retains the right to publicly display any of the Client's design work (on social media, its website, etc.) unless explicitly agreed otherwise as per the provisions in section 18 of this Agreement.

  1. Third-Party Fonts

Should any Project include fonts that are not proprietary to Amazy Design and which necessitate a commercial license for the Client to lawfully reproduce, distribute, or display the Project publicly ("Third-Party Fonts"), Amazy Design will duly inform the Client in writing. This notification will detail the incorporated Third-Party Fonts and will instruct the Client on obtaining the necessary licenses from the respective rights holders to legally use these fonts. The provided information will be adequate for the Client to identify the needed licenses and the contacts for their procurement. Once Amazy Design has informed the Client of the use of Third-Party Fonts as specified, the Client assumes full responsibility for any repercussions due to their failure to secure the requisite licenses for any Third-Party Fonts used in their Project.

  1. User Representations

By accessing and utilizing the Website, the Client affirms and guarantees that they possess the legal capacity and commitment to adhere to these Terms of Use; the Client is of legal age in their jurisdiction; the Client will not engage with the Website through automated or non-human means; the Client will refrain from using the Website for any unlawful or unauthorized purposes; and the Client's usage of the Website will not breach any prevailing laws or regulations.

  1. Prohibited Activities

The Client is strictly prohibited from accessing or using the Website for any purposes other than those for which it is intended by Amazy Design. Commercial usage of the Website is limited solely to activities related to services provided by Amazy Design to the Client. Additionally, the Client agrees to refrain from engaging in any unauthorized use of the Website; retrieving, copying, or aggregating data or content to create or compile a database or directory without Amazy Design's consent; circumventing, disabling, or otherwise interfering with any security features of the Website; unauthorized framing or linking to the Website; deceiving, defrauding, or misleading Amazy Design or its users; interfering with, disrupting, or overburdening the Website or the networks or servers connected to it; using the Website in competition with Amazy Design; deciphering, decompiling, disassembling, or reverse-engineering any part of the Website; bypassing any measures designed to prevent or restrict access to the Website; harassing, intimidating, or threatening any of Amazy Design’s employees, contractors, or agents; removing copyright or other proprietary notices from the Website's content; copying or adapting the software of the Website; uploading or transmitting viruses, Trojan horses, or any other harmful code or engaging in any activity that interferes with any party’s uninterrupted use and enjoyment of the Website; or using the Website in a manner that violates any applicable laws or regulations.

  1. Client Feedback

The Client agrees that any feedback, comments, ideas, suggestions, information, or any other content provided by the Client to Amazy Design ("Submissions") will become the sole property of Amazy Design. Amazy Design is not obligated to maintain the confidentiality of any Submission and will have exclusive ownership of all present and future rights to Submissions of every kind, without compensation to the Client. Amazy Design will have the unrestricted right to use, reproduce, display, modify, transmit, and distribute these Submissions for any purpose, and the Client hereby irrevocably waives all claims against Amazy Design for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Amazy Design’s use and publication of the Submissions. This provision does not apply to personal information that is subject to Amazy Design’s privacy policy except to the extent that the Client makes such personal information publicly available or provides it as part of a Submission.

  1. Management and Oversight

Amazy Design maintains the right to monitor the Website for any breaches of this Terms of Use Agreement and to initiate suitable legal actions in response to any such breaches or violations of applicable laws, statutes, or regulations. Amazy Design also reserves the authority to limit or deny access to the Website or deactivate the Client's use of the Website at its sole discretion, without any notice or liability to the Client. All decisions concerning the oversight and management of the Website are to be made by Amazy Design, aimed at safeguarding Amazy Design’s rights and property.

  1. Privacy Policy

By engaging with the Website, the Client consents to adhere to the Privacy Policy, which is detailed and incorporated within these terms. The Website is operated from California, United States. Clients accessing the Website from the European Union, Asia, or other regions may be subject to different laws, statutes, or regulations concerning personal data collection, use, or disclosure. The Client's ongoing use of the Website and the submission of data to the United States implies their explicit agreement to the data transfer and processing within the United States.

  1. Returns and Refunds

Amazy Design has the discretion to refuse refunds and will do so without notice or obligation to the Client. Refund requests will be considered individually. If the Client seeks a refund within the initial month of service, all materials produced by Amazy Design remain the property of Amazy Design and must not be used by the Client. Should a refund be granted, a fee equating to 25% of the outstanding billable period will be applied. Amazy Design retains the right to pursue legal action against the Client for any infringement of this clause.

  1. Modification

Amazy Design reserves the right to change, modify, or remove any content or aspect of the Website at any time, for any reason, at its sole discretion. This includes the right to modify or discontinue, temporarily or permanently, any part of the Website without prior notice or incurring liability to the Client.

  1. Connection Interruptions

Amazy Design does not warrant that the Website will operate uninterrupted or be available at all times. Interruptions, delays, or errors due to hardware, software, or other technical issues may occur and are often beyond the control of Amazy Design. The Client acknowledges that Amazy Design is not liable for any losses, damages, or inconveniences suffered due to the inability to access or use the Website during any period of downtime or service disruption.

  1. Governing Law

The Terms of Use outlined in this Agreement are to be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

  1. Litigation

Any legal proceedings arising from or related to the use of the Website shall be instituted in the state courts of California or in the federal courts located in the state of California. The Client consents to the jurisdiction of such courts and waives any objection to the laying of venue in such courts. The use of the Website is not governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded from these Terms of Use.

  1. Disclaimer

The Website is made available strictly on an "as-is" and "as-available" basis. The Client acknowledges that their use of the Website and its services is at their own risk. Amazy Design expressly disclaims all warranties, whether express or implied, in relation to the Website and the Client’s use of it, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Amazy Design does not make any assertions regarding the accuracy, reliability, or completeness of the Website’s content or that of any sites linked to or from the Website. Furthermore, Amazy Design shall not be liable for any errors, inaccuracies, or omissions in the content, any personal injury or property damage resulting from the Client’s website access or use, unauthorized access to or use of Amazy Design’s servers and/or any personal and/or financial information stored therein, any interruption or cessation of communication to or from the website, any bugs, viruses, or similar harmful items that may be transmitted to or through the website by any third party, and/or any loss or damage of any kind incurred as a result of using any content posted, transmitted, or otherwise made available via the website. Amazy Design does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked services or featured in any banner or other advertising.

  1. Limitations of Liability and Indemnification

Amazy Design, along with its directors, employees, agents, and contractors, shall not be liable to the Client or any third party for any indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, lost revenue, lost data, or other damages arising from the Client's use of the Website, even if Amazy Design has been advised of the possibility of such damages. The Client agrees to indemnify and hold harmless Amazy Design and its affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Client's use of the Website, breach of this Agreement, or the Client's violation of any law or the rights of a third party. Should Amazy Design choose to do so, it may take over the exclusive defense and control of any matter for which the Client is required to indemnify Amazy Design, and in such case, the Client agrees to cooperate with Amazy Design in asserting any available defenses.

  1. User Data

The Client assumes full responsibility for all data that they transmit or that relates to any activity they have undertaken using the Website. Amazy Design is not responsible for any loss or corruption of such data, and by using the Website, the Client waives any right to seek legal remedy against Amazy Design for any alleged loss or corruption of the aforementioned data.

  1. Electronic Communications, Transactions, and Signatures

By using the Website, the Client consents to receive electronic communications from Amazy Design and agrees that all terms and conditions, agreements, notices, disclosures, and other communications that Amazy Design provides electronically, via email or on the Website, satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The Client acknowledges and accepts the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website. The Client waives any rights they might have to require original signatures, the delivery or retention of non-electronic records, or to payments or the granting credits by other than electronic means, to the extent permitted under applicable law.

  1. Showcasing Design Work

Amazy Design retains the privilege to display design projects through various digital channels, including social media and its website, except when explicitly negated by agreement. The Client has the option to enforce a Non-Disclosure Agreement (NDA) with Amazy Design, which would nullify Amazy Design's entitlement to share or publicize the Client's work.

  1. Miscellaneous

The entirety of the agreement and understanding between the Client and Amazy Design is encapsulated within these Terms of Use and any policies made available on or in connection with the Website. The failure by Amazy Design to exercise any right or provision of these Terms of Use does not constitute a waiver of such right or provision. Should any part of these Terms of Use be deemed unlawful, void, or unenforceable, that part will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Nothing in these Terms of Use, the Privacy Policy, or on the Website is intended to, or shall be deemed to, establish any partnership, joint venture, employment, or agency relationship between the Client and Amazy Design.

  1. Contact Information

For inquiries or complaints regarding the Website, the Client can contact Amazy Design at vadym@amazy.design.