1. GENERAL ACCEPTANCE OF TERMS
THE FOLLOWING TERMS OF SERVICE (“TERMS”, “TERMS OF SERVICE”) PERTAIN THE USE OF THE WEBSITE INNOVE.AI (“WEBSITE”, “SITE”, “SERVICE”). VISITORS (“USERS”, “CUSTOMER”, “YOU”, “YOUR”) USING THE WEBSITE ARE BOUND TO AGREE WITH THE TERMS HEREIN, TOGETHER WITH THE PRIVACY POLICY THAT GOVERN THE USE OF OUR SITE.
PLEASE READ THESE TERMS BEFORE USING INNOVE.AI. THESE ARE THE TERMS APPLICABLE TO THE PURCHASE AND SALE OF WEBSITE BUILDING RELATED SERVICES BETWEEN YOU AND LOGO DESIGN GURU, INC (“COMPANY” “WE” “US”). BY VISITING AND/OR USING WEBSITE AND/OR ANY SUB-WEBSITE OF COMPANY, YOUR USE OF THE SERVICE IS SUBJECT TO THESE TERMS.
BY ACCESSING THE WEBSITE, DOWNLOADING WEBSITE TEMPLATES, CONTENT GENERATING TOOL, ORDERING OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, YOU HEREBY AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.
YOU MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM COMPANY, OR THEIR PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS SHOULD BE PRESENTED TO YOU AT THE TIME OF PURCHASE AND/OR ACCOUNT LOGIN, AND IT IS YOUR OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT.
THE COMPANY RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AT ANY TIME AND FROM TIME TO TIME AT ITS SOLE DISCRETION, AND TO DETERMINE WHETHER AND WHEN ANY SUCH CHANGES APPLY TO BOTH EXISTING AND FUTURE CUSTOMERS. THE COMPANY MAY MAKE CHANGES OR MODIFICATIONS TO REFERENCED POLICIES AND GUIDELINES WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE COMPANY´S POSTING OF ANY CHANGES OR MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE OUR WEBSITE. IF YOU CONTINUE TO USE OR ACCESS THE SITE, YOU INDICATE THAT YOU AGREE TO THE TERMS AND CONFIRM THAT YOU HAVE READ AND UNDERSTAND THEM.
2. REGISTRATION
To access the Service, you have to register to create an account (Account) with a valid email address and other information ("Registration Data").You will choose a password for your Account during the registration process and you will obtain an ID from Innove.ai. You are responsible for maintaining the confidentiality of the password and Account, and for all activities that occur under your Account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
3. ELIGIBILITY
Use of the Service is void where prohibited. By using the Service, you represent and warrant that
(a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information;
(c) you are 18 years of age or older; and
(d) your use of the Service does not violate any applicable law or regulation.
Your profile may be deleted and your Account may be terminated without warning, if we believe that you are less than 18 years of age.
Minors are not allowed to purchase Services. Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.
4. ACCOUNT AND SECURITY
You are responsible for maintaining the security of your Account and website, content, and subscription, for all activities that occur or actions taken under the Account or in connection with the website. You agree to immediately notify us in writing of any unauthorized use of the Account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any or your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
5. DESCRIPTION OF SERVICES
a. Company provides a software as a service (SaaS) web builder tool to create website design based on website design templates (Website Design) and other related services including content, hosting, domain, email address, and design services.
b. User may access Website Design and Services through subscription (Subscription) by paying a fee on a monthly or yearly basis. Company may offer single service or bundled service, or add-ons, and the Subscription you choose will reflect this.
c. Company may also provide single Custom Website Design, Website Copywriting, Website Integration, and Website Development Services (together Custom Design) based on individual mutual agreed contract (Contract) such as custom designs, content development, ecommerce integration, website development, etc. delivered by Company’s third-party partner company (Partner).
d. All Custom Design services are subject to this Terms, Privacy Policy, and third-party terms and their privacy policy.
6. CANCELLATION AND TERMINATION
a. If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your purchased Subscription or Service, and we may delete all information on your account profile, which may override your lifetime storage of website, content, email address, hosting, domain, and design. We accept no liability for such deleted information or content.
b. Should Customer decide to cancel Subscription Service, cancellation shall take effect immediately and Customer shall not be allowed to use Website Design template, content, information, and may or may not include hosting, email address, domain and other Services purchased in conjunction with Website Design. Continuing to use Company’s copyrighted Web Design may result in legal action, persecution or both. If you need access to your own content for which you own the copyright, subject to clause (13b), you may contact us via this email address support@innove.ai.
c. For as long as we continue to offer the Service, we will provide and seek to update, improve and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Term.
We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users at our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted.
We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to this Term. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Service. It is your responsibility to save, store and keep your created content, design, stored in a local drive or other media such as a portable storage drive.
d. Company reserves the right, at its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any Service offered by Innove.ai.
e. Your Custom Design service and/or your access to the Custom Design Contract, at any time and without prior notice may be terminated as determined by the Company’s management at its sole discretion due to non-performance, breach of Contract, and/or violation of our Terms. You agree that Company shall not be liable to you or any third party for any rejection, cancellation or termination of your access to content, information, and Custom Design except for those that were paid for and agreed to under the Contract and Terms. In the event that Company rejects, cancels or terminates your Contract, or your order for a reason other than your breach or non-performance under the Terms, Company will refund/adjust any amount that has already been consumed, subject to the section 7.
7. FEES, PAYMENT, DELIVERY AND REFUNDS
a. Fees and Payment
i. All Company Website Designs, templates, content, hosting, domain, and email addresses are priced at the discretion of Company indicated in My Account section, and may change from time to time at our discretion at any time with or without any prior notification to you.
ii. Some of the features in the Service require payment of fees. If you elect to sign up for these features, you shall pay all applicable fees, as described on the Service in connection with such features selected by you.
iii. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the Service and payments you make to us.
iv. Innove.ai online payment services are provided by PayPal.com.
v. Any exclusive rights purchase of Web Design by Customer does not include in the fees or packages, and may not be refunded.
b. Delivery and Acceptance
i. Upon completion of Website Design in accordance with the Terms, Customer shall be able to access and download their design, created by using Innove.ai’s tool provided they have paid for such Service, except for free service, in My Account section, where Customer can download the Website Design in available design formats. All downloads are considered acceptance, unless otherwise specified through communication with a representative at Innove.ai. Once Customer downloads a Website Design, it may be stored in our database for a period of time as determined at the discretion of the Company.
ii. Custom Design delivery, deliverables and acceptance are subject to Terms of Partner site.
c. Refund Policy
In the case of purchased of subscription-based services including but not limited to Website Design, hosting, email address, and domain, refunds may only be issued where with the Company's exclusive determination: the final Service has technical issues only either in Company’s Website Design, or delivery of technical service. The Company reserves the right to first exercise resolving the technical issue for customer.
In case of purchased Custom Design, no refunds shall be issued except at Partner’s discretion and determination of the issue, resolution, and agreement based on Partner’s Terms and Customer’s nature of complaint, compliance, and rights to refund.
Customer understands that all Company Design and Custom Design sales are final and no refunds shall be issued by Company.
8. FREE SERVICE
Some Service are free of cost, and available for use by Account holders as and when they deem usable. However, Company at its discretion, at any time, may change its policy, and with or without prior notification and announcement, and make the Service chargeable. You are free to discontinue use of the Service, including but not limited to, stop publication of Content you own, and/or created on our website by using the Service, if you do not agree to this change in Service status.
9. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10. LINKS
The Service may provide, or third parties may provide, links to other websites or resources. Because Company has no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11. INDEMNITY
You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Website Design, content and other Services, use of or connection to the Service, violation of these Terms, or violation of any rights of another.
12. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service and Website Design, without our express written permission.
13. INTELLECTUAL PROPERTIES, COPYRIGHTS AND TRADEMARK NOTICES
a. All intellectual property of Innove.ai including all Website Designs, content, domain, email address, screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Company in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of Innove.ai is strictly prohibited. All rights not expressly granted herein are reserved.
b. You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to Company for Website Design or Custom Design, or refer to Innove.ai in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, website designs, website written content/copy for any use, to include copy for Web Design and similar materials or information.
c. With respect to the Company Website Design, all ownership and intellectual property rights shall remain exclusively with Company and non-transferable in any case. Company's ownership and intellectual property rights in Company Website Design are perpetual, and continue even after Customer purchases the design and registers under trademark.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. COMPANY DOES NOT WARRANT THAT
(i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, ANY OTHER MATTER RELATING TO THE SERVICE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY COMPANY TO YOU, EVEN IF COMPANY HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, COMPANY’S LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR COMPANY'S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO INNOVE.AI UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
16. GOVERNING LAW
These Terms shall be interpreted, construed, governed by and enforced in accordance with the laws. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts of the United States, regarding any and all disputes relating to your Contract or these Terms and Conditions.
17. GENERAL
These Terms, together with your Contract, shall constitute the sole agreement and understanding between you and Innove.ai regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Company regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms shall be binding upon Company unless otherwise agreed to in writing. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any provision of these Terms which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
18.QUERY
Any questions concerning these Terms and Conditions should be directed to: Innove.ai.
All fonts, images, design elements used in the Website Builder are licensed, and subject to Partner Terms and Privacy.
If you have any questions regarding our Terms and Privacy Policy please feel to contact us via email at support@innove.ai.