This Terms of Use Agreement ("Agreement") is a legally binding contract between Desses, a limited liability company organized under the laws of The Netherlands ("Desses"), and the client, either individually or on behalf of an entity ("Client"). This Agreement pertains to the Client's access to and use of Desses's website, https://desses.co/ ("Website"), and any associated media forms. Failure to comply with all terms, conditions, and obligations of this Agreement prohibits the Client's use of the Website, and the Client must cease use immediately. Subsequently, the relationship between the Client and Desses will terminate, except for any continuing obligations of the Client to pay Desses for services rendered.

Intellectual Property Rights

Unless indicated otherwise, the Website and all its contents—including source code, databases, functionality, designs, audio, video, text, photographs, and graphics ("Content")—as well as all trademarks, service marks, and logos ("Marks") contained therein, are the property of Desses. They are protected under copyright, trademark, and other applicable intellectual property laws of The Netherlands and international conventions. The Content and Marks are provided on an "As-Is" basis for personal use only. Without Desses's express prior written permission, no part of the Website and Content may be copied, reproduced, or otherwise exploited for commercial purposes.

Ownership of Materials

All preparatory materials, sketches, and visualizations, including electronic files used for project realization, remain the property of Desses, unless otherwise agreed in advance. The final artwork or digital file becomes the property of the client only after full payment for the project, as stated in this proposal. Desses reserves the right to use the created illustrations, ideas, and sketches in its portfolio, unless otherwise agreed upon.

Third-Party Fonts

All fonts purchased for the design are subject to commercial license laws. A font license grants full rights to use the font to the license holder only. If I determine a font suitable for the project, I will inform you. If you wish to use a font I have purchased, you must buy and register it in your name. If you prefer I handle the purchase and registration, the costs will be added to the final invoice.

User Representations

By using the Website, the Client confirms that they have the legal capacity and agree to abide by these Terms & Conditions; the Client is not a minor in their domicile jurisdiction; the Client will not access the Website via automated means; the Client will not use the Website for unlawful purposes; and the Client's use of the Website will comply with applicable laws.

Prohibited Activities

The Client is restricted from using the Website for any purpose other than those explicitly permitted by Desses. The Website should not be used in connection with any commercial endeavors unrelated to the work Desses performs for the Client. Furthermore, the Client agrees to refrain from engaging in the following activities: unauthorized use of the Website; retrieving data or content to create or compile a database or directory; circumventing, disabling, or interfering with security features of the Website; engaging in unauthorized framing or linking; deceiving, defrauding, or misleading Desses or other users; disrupting, burdening, or interfering with the Website or Desses’ networks or servers; using the Website to compete with Desses; deciphering, decompiling, disassembling, or reverse engineering any part of the Website software; bypassing measures designed to prevent or restrict access; harassing, annoying, intimidating, or threatening Desses’ employees or agents; removing copyright notices from any content; copying or adapting the Website’s software; uploading or transmitting viruses or harmful material; and using the Website in a way that violates any applicable laws, statutes, or regulations.

Client Feedback

The Client acknowledges that any feedback, comments, or suggestions submitted to Desses become the exclusive property of Desses. Desses is under no obligation to maintain the confidentiality of such submissions and retains the right to use and share these submissions at its discretion for any lawful purpose without requiring permission, acknowledgment, or compensation to the Client. The Client waives any claims against Desses regarding the use of these submissions.

Management and Oversight

Desses reserves the right to monitor the Website for compliance with these Terms & Conditions and to take legal action against violations of these terms or applicable laws. Desses also retains the right to restrict or deny access to the Website and disable the Client's use of the Website at its sole discretion, without notice or liability.

Privacy Policy

By using the Website, the Client agrees to comply with the Privacy Policy. The Website, hosted in the EU, may be subject to different laws when accessed from outside the EU, particularly concerning personal data collection, use, or disclosure. Continued use of the Website and data transfer to the EU implies the Client's consent to this data processing. Desses will delete any information received from individuals under 13 without parental consent, in compliance with the EU’s Children’s Online Privacy Protection Act.

Returns and Refunds

Desses reserves the right to deny refund requests at its discretion and without obligation to notify the Client. Refund requests are evaluated individually. Materials produced by Desses remain its property and are not to be used by the Client if a refund is requested within the first month of use. A 50% fee may be applied to the remaining billable period for approved refunds. Desses may pursue legal actions for breaches of this policy.

Modification

Desses may modify, amend, or remove content on the Website at any time for any reason at its sole discretion. Desses also reserves the right to modify or discontinue any part of the Website without prior notice and without incurring liability.

Connection Interruptions

Desses does not guarantee uninterrupted access to the Website. Interruptions, delays, or errors due to hardware, software, or other issues beyond Desses' control are possible. Desses is not liable for any loss, damage, or inconvenience caused by such disruptions.

Governing Law

These Terms & Conditions are governed by the laws of the European Union and the Netherlands, without regard to conflict of law principles.

Litigation

Legal actions related to these Terms of Use must be filed in the state courts of the Netherlands. The parties consent to the jurisdiction of these courts and waive any defense related to jurisdiction or venue. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act is expressly excluded from these Terms.

Disclaimer

The Website is provided on an "as-is" and "as-available" basis. The Client acknowledges that their use of the Website and Services is solely at their own risk. Desses disclaims all warranties, both express and implied, related to the Website and the Client’s use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Desses makes no warranties or representations about the accuracy or completeness of the Website's content or that of any linked sites. Desses will not be liable for any errors, inaccuracies, personal injury, property damage, unauthorized access to our secure servers, interruptions in transmission, any harmful components transmitted by third parties, or any loss incurred from the use of the Website. Furthermore, Desses 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 site.

Limitations of Liability and Indemnification

Desses shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the Client’s use of the Website. This includes losses related to lost profits, data, or other intangible losses. The Client agrees to indemnify and hold harmless Desses and its affiliates from any claims, damages, liabilities, and expenses arising from their use of the Website, breach of these Terms of Use, violation of law, or infringement of third-party rights.

User Data

The Client is solely responsible for safeguarding their data and for any activities under their account. Desses is not liable for any loss or corruption of Client data, and the Client waives any right to seek legal recourse against Desses for such losses.

Electronic Communications, Transactions, and Signatures

The Client consents to receive electronic communications from Desses and agrees that all electronic interactions fulfill any legal requirements that such communications be in writing. The Client accepts the use of electronic records and signatures in transactions initiated or completed through Desses or the Website, waiving any rights under laws requiring original non-electronic signatures or payments.

Showcasing Design Work

Desses reserves the right to showcase any design work through digital channels, unless a non-disclosure agreement (NDA) specifies otherwise. The Client has the right to request an NDA, which would prohibit Desses from publicly sharing or discussing the Client’s work.

Miscellaneous

These Terms of Use and any related policies posted by Desses constitute the complete agreement between Desses and the Client. Failure by Desses to enforce any provision of these Terms does not constitute a waiver of that right. Should any provision of these Terms be found unlawful or unenforceable, that provision will be severable from the rest but will not affect the validity of the remaining provisions.

Contact Information

For inquiries or complaints regarding the Website, please contact Desses at contact@desses.co.