Welcome to DesignLit! Please carefully review our Terms of Service, as they govern your use of our web pages located at https://designlit.io/ ("Site") and all subdomains and sub-directories within it, along with the Subscription and other services we offer ("Service"). These Terms of Service ("Terms") create a legal agreement between you ("Customer," "your," "yours," "users," "registered users") and us ("DesignLit," "Company," "we," "our"). By using the Service and accessing the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are entering into this Agreement on behalf of a company, government agency, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms. In this case, "you" and "your" refer to the entity.

By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send by email. However, you may opt-out of receiving any or all of these communications from us by following the unsubscribe link in each email, adjusting your email preferences on your account management page, or sending us an email.

The features and usage of our DesignLit Service are defined by the subscription plans we offer (collectively referred to as "Plans"). All Plans include unlimited requests for design services and offer unlimited revisions. However, it's important to note that the DuoLit Plan allows for up to two active requests at the same time, whereas the SoloLit Plan permits only one active request concurrently. You can find comprehensive information about each Plan on our website.

Subscription represents the fulfillment of your needs or prioritized demands through our team and platform within the deadlines defined for your chosen Plan. While we accept unlimited requests and revisions with a Subscription, the volume and speed of delivery are influenced by factors such as (i) the type of Plan you've selected, (ii) the volume of requests, and (iii) the complexity of requests.

Subject to your compliance with this Agreement, your subscription to an applicable Plan, and the timely receipt of associated payments, we will provide you with access to the relevant Service for the duration of your subscription term. We will make reasonable efforts to ensure the accessibility of the Service, except for planned downtime and unscheduled emergency maintenance. Please be aware that we retain the right to modify, replace, or discontinue the Service without prior notice.

While we strive to minimize errors, the creative nature of design work makes it impossible to guarantee completely error-free files. When you receive a design project (referred to as a "Design Project"), it is your responsibility to thoroughly review and proof all files for any errors or omissions. If you identify any changes or corrections needed, please promptly notify us. Since a request can only be marked as completed by you, feel free to request any necessary changes. If you need to make modifications to a design that has already been completed, please create a new ticket in your queue, referencing the concluded project and specifying your requested changes. If you have an ongoing project and you are a SoloLit subscriber, you should pause the current ticket and promote the new ticket to an active task.

You can use the Service for any number of projects and scope specified in your chosen Plan. Although we do not recommend using the Service for time-sensitive projects, we will make our best efforts to accommodate priority items and timelines.

Subject to your continued compliance with this Agreement, including the timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Service for your internal business purposes.

You are and will remain the sole and exclusive owner of all rights, title, and interest in and to the deliverables of a Design Project, including all intellectual property rights therein.

We may utilize pre-existing materials to provide the Service. Both we and our licensors ("Licensors") will retain sole and exclusive ownership of these pre-existing materials. You are granted a perpetual, worldwide, limited, royalty-free, non-transferable, non-sublicensable license to use, display, and distribute pre-existing materials to the extent incorporated into, combined with, or otherwise necessary for the use of the Service or deliverables.

If you wish to make a purchase ("Purchase") of any product or service available through our Service, you may be required to provide certain information relevant to your Purchase, including your credit card number, the expiration date of your credit card, billing address, and shipping information.

You represent and warrant that:

1. (i) You have the legal right to use any credit card(s) or payment method(s) in connection with any Purchase.
2. (ii) The information you provide to us is true, correct, and complete.

We may use third-party services to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide this information to third parties, subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons, including but not limited to:

1. (a) Product or service availability.
2. (b) Errors in the description or price of the product or service.
3. (c) Errors in your order.
4. (d) Other reasons.

We also reserve the right to refuse or cancel your order and terminate your account in the event of non-payment of amounts owed to us or if fraud, unauthorized, or illegal transactions are suspected.

1. Subscription Plans: Some parts of the Service at DesignLit are billed on a Subscription basis ("Subscriptions"). You can choose from two subscription plans:
2. -SoloLit
3. -DuoLit
4. Billing Cycle: Your subscription is billed on a recurring and periodic basis, set on a monthly schedule. You will be billed monthly in advance.
5. Price changes: DesignLit, in its sole discretion and at any time, may modify the prices for the Subscriptions. Any Subscription price change will become effective at the end of the then-current Billing Cycle. We will provide you with reasonable prior notice of any change in Subscription prices to allow you to terminate your Subscription before such change becomes effective. We are not required to notify you of temporary promotions or reductions in fees. Your continued use of the Service after a Subscription price change comes into effect constitutes your agreement to pay the modified Subscription price amount.
6. Payment Methods: We accept major credit cards, including Visa, MasterCard, and American Express, through our secure payment gateway, Stripe. A valid payment method, including accurate billing information, is required to process the payment for your Subscription and applicable taxes.
7. Payment Process: Before DesignLit has any obligation to provide the Service, you must pay for the Subscription (as well as applicable taxes) in full. The amounts and Billing Cycle are specified during registration and updated prospectively, not retroactively, by you from time to time.
8. Automatic Renewal: At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it. You can manage your Subscription renewal through your online account management page or by contacting our customer support team.
9. Overdue Charges: In the event of non-payment of amounts owed, overdue charges will accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance or the maximum rate permitted by law, whichever is lower.
10. Refund Policies: Please note that DesignLit does not provide refunds for subscription fees. Once a payment is processed for a billing cycle, it is non-refundable.
11. Cancellation Procedures: You have the flexibility to manage your subscription. You can cancel or pause your subscription at any time through your account settings. To avoid charges for the next billing cycle, please ensure that you cancel your subscription at least 10 days before the end of the current billing cycle. If you have any questions or need assistance with the cancellation process, please feel free to contact us.

Should automatic billing fail for any reason, DesignLit will issue an electronic invoice indicating that you must proceed manually, within a specific deadline date, with the full payment corresponding to the billing period, as stated on the invoice.

When you create an account on our Service, you guarantee that you are above the age of 18 and that the information you provide to us ("Registration Data") is accurate, complete, and current at all times. Inaccurate, incomplete, or outdated information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the security of your account and ensuring the confidentiality of your magic link, including but not limited to restricting access to your email and account. You agree to accept responsibility for all activities or actions that occur under your account and magic link. If you suspect any unauthorized use of your email or account, promptly notify us.

Inaccurate, incomplete, or outdated information can hinder your ability to use our services effectively and may lead to account termination. You are responsible for safeguarding your account information and magic link. Do not share your magic link or grant access to your account to others.

Please note that we may use the information you provide during registration in accordance with our Privacy Policy. Maintaining accurate account information helps us provide you with better service and ensures the security of your account.

In the event of any unauthorized access to your account or any breach of security, you must promptly notify us to take appropriate action. While we will work to secure your account in the event of a security breach, we are not liable for any unauthorized activities on your account if you fail to notify us of such breaches.

DesignLit's Service enables you to submit, link, store, share, and otherwise make available various forms of content, such as information, text, artwork, graphics, stock photographs, audio, videos, typefaces, designs, or other materials ("Customer Content"). You are entirely responsible for any Customer Content that you submit through the Service, including its legality, reliability, and appropriateness.

By submitting Customer Content through our Service, you grant us a worldwide, royalty-free, non-exclusive license to access and use such content for the purpose of providing the Service. Furthermore, you represent and warrant that: (i) the Customer Content is owned by you, and you have the right to use it and to grant us the rights and license as outlined in these Terms, and (ii) the submission of Customer Content through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual or entity.

We retain the right to terminate the account of any individual found to be infringing on copyright.

It's important to note that we assume no responsibility and accept no liability for the Customer Content submitted by you or any third party through the Service. You retain full responsibility for the content you submit, and you should ensure that it complies with all applicable laws and regulations.

While you retain exclusive ownership of your Design Project, certain content that we license to you ("Licensed Content"), such as artworks, stock photographs, audios, videos, typefaces, designs, and writing when incorporated into your Design Project, is subject to the license described in this section. No rights are granted to you other than as expressly set forth herein.

Subject to your compliance with this Agreement and full payment of applicable amounts due, we grant you a revocable, non-exclusive, non-transferable, royalty-free, worldwide right and license to use the Licensed Content for your personal or professional use, limited to use in your Design Project.

Unless expressly permitted by us, you agree not to stockpile, sell, lease, sublicense, distribute, copy, reproduce, republish, reverse engineer, download, data mine, or modify any Licensed Content made available through our Site.

In cases where the Licensed Content is licensed from a third party, including but not limited to Unsplash, Deposit Photos, and Getty Images ("Licensors"), you agree to adhere to the relevant third-party license. Without our written permission, you may not:

1. (a) Sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any part of your rights to use Licensed Content apart from a design deliverable prepared by us or as part of a design product for your personal use;
2. (b) Use Licensed Content in a pornographic, defamatory, or other unlawful manner;
3. (c) Falsely represent that you are the original creator of any Licensed Content;
4. (d) Change, alter, adapt, translate, convert, modify, or make any derivative works of any Licensed Content;
5. (e) Use Licensed Content in any way that allows others to download, extract, or redistribute Licensed Content as a standalone file or work.

Our Licensors and we maintain ownership of Licensed Content licensed from them, whether downloaded through our Stock Services or incorporated into your graphic design deliverable. We reserve the right to terminate, revoke, or withdraw all licenses upon your failure to comply with any provisions of this Agreement. In the event of termination, you will have no further right to make use of the Licensed Content, including any Licensed Content included in your design deliverable, except when used as an integral part of your delivered Design Project.

The Service and its original content (excluding Customer Content and Licensed Content, which have specific rules as detailed above), features, and functionality are and will remain the exclusive property of DesignLit and its licensors. The Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DesignLit.

Furthermore, content found on or through this Service ("Company Content") is the property of DesignLit or is used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use Company Content, whether in whole or in part, for commercial purposes or personal gain, without express advance written permission from us.

DesignLit reserves the right to share design work that is a product of a Design Project on digital channels including social media, the Website, design portfolios, etc. unless otherwise agreed upon.

The Customer reserves the right to issue an NDA (Non-Disclosure Agreement) between themselves and DesignLit, which in turn would void the right of DesignLit to share or discuss the Customer's work publicly.

You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, testimonials, complaints, and other matters related to our Service (“Feedback”) either directly by email, via the Service, via the Site, or via third-party sites and tools.

You acknowledge and agree that:

1. (a) You shall not retain, acquire, or assert any intellectual property right or other rights, title, or interest in or to the Feedback;
2. (b) We may have ideas in development similar to the Feedback;
3. (c) Feedback does not contain confidential or proprietary information from you or any third party; and
4. (d) We are not under any obligation of confidentiality with respect to the Feedback.

DesignLit has the full right to use, share, and act on this feedback without seeking further permission from the Customer.

In the event that the transfer of ownership to the Feedback is not possible due to applicable mandatory laws, you grant us an exclusive, transferable, worldwide, irrevocable, free-of-charge, sublicensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) the Feedback in any manner and for any purpose.

You hereby consents to receive electronic communications from DesignLit and 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. The Customer 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.

DesignLit may offer contests, sweepstakes, or other promotions (collectively, "Promotions") through the Service. These Promotions may have rules that are separate from these Terms of Service. If you choose to participate in any Promotions, please review the specific rules provided for that Promotion, as well as our Privacy Policy. In the event of any conflict between the rules for a Promotion and these Terms of Service, the rules for the Promotion will take precedence.

You may use the Service only for lawful purposes and in accordance with the Agreements. You agree not to use the Service:

1. (a) In any way that violates any applicable national or international law or regulation;
2. (b) To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
3. (c) To transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
4. (d) To impersonate or attempt to impersonate DesignLit, a DesignLit employee, another user, or any other person or entity;
5. (e) In any way that infringes upon the rights of others, or in any form that is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
6. (f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or offend DesignLit or users of the Service or expose them to liability.

Additionally, you agree not to:

1. (a) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real-time activities through the Service;
2. (b) Share email accounts and magic links to access the Site;
3. (c) Abuse the Service or our team in any way, including using our Services for illegal purposes;
4. (d) Access or use the Service to monitor its availability, performance, or functionality for competitive purposes;
5. (e) Reverse engineer (except to the extent permitted explicitly by statutory law), decompile, disassemble, or otherwise attempt to discover source code, object code, or underlying structures, ideas, or algorithms of the Service;
6. (f) Use any robot, spider, or other automatic devices, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
7. (g) Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;
8. (h) Modify, translate, or create derivative works based on the Service;
9. (i) Use any device, software, or routine that interferes with the proper working of the Service;
10. (j) Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material;
11. (k) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
12. (l) Attack the Service via a denial-of-service attack or a distributed denial-of-service attack;
13. (m) Take any action that may damage or falsify DesignLit's rating; and
14. (n) Otherwise, attempt to interfere with the proper working of the Service.

The Service is intended for access and use by individuals who are at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this Agreement and abide by all of the terms and conditions set forth in these Terms. If you are not at least eighteen (18) years old, you are prohibited from accessing and using the Service.

You will not use or access our Service if you are located in any jurisdiction in which the provision of our Service is prohibited under Canadian, the U.S. or other laws (a “Prohibited Jurisdiction”) and you will not provide access to our Service to any government, entity or individual located in any Prohibited Jurisdiction. You confirm that you are not named on any Canadian or U.S. government list of persons or entities prohibited to transact with any Canadian or U.S. person; (b) you are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) you will not allow Authorized Users to access or use our Service in violation of any Canadian, the U.S. or other export embargoes, prohibitions or restrictions; and (d) you will comply with all laws regarding the transmission of data exported from the country in which you (or your Authorized Users) are located to Canada and the United States.

We retain the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. If your account is terminated due to a violation of these terms, you may lose access to the Service, including any existing content and subscriptions.

If you wish to terminate your account, you can do so through your online account management page or by contacting our customer support team. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You agree to defend, indemnify, and hold harmless DesignLit and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use and access of the Service, or from your violation of these Terms.

In no event shall DesignLit, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to pandemic or widespread outbreak of infectious diseases; any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts and government shutdown; exceptionally severe weather, lightning, flood, earthquake; fire, explosion; acts of war, acts of terrorism, civil disorder, sabotage; extraterrestrial invasion, zombie attack; strikes, lockouts, or labor disruptions (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services, or other third-party services, and hostile internet or network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

DesignLit, its subsidiaries, affiliates, and its licensors do not warrant that:

1. (a) The Service will function uninterrupted, secure, or available at any particular time or location;
2. (b) Any errors or defects will be corrected;
3. (c) The Service is free of viruses or other harmful components; or
4. (d) The results of using the Service will meet your requirements.

The laws of the Province of British Columbia and Canadian law applicable in British Columbia will govern any dispute (“Dispute”), cause of action or claim arising out of this Agreement or your use of our Service, including against any DesignLit Party without regard to any choice of law, conflicts of law or other principles that would result in the application of the laws or regulations of any other jurisdiction.

If you breach this Agreement or violate our rights or another person’s rights, we may ask a court to stop you; if we bring a claim against you, you will reimburse us for our reasonable legal fees for that claim.

If you have any kind of Dispute with us, the exclusive means of resolving it will be by confidential, binding arbitration before a single arbitrator chosen by you and DesignLit. You will give notice of your Dispute to us in writing.

If we do not decide together on an arbitrator within fifteen (15) days after we receive that notice, we both agree to ask the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint one.

The arbitration will take place in Vancouver, British Columbia, under the Arbitration Act (British Columbia), and will follow the Domestic Commercial Arbitration Rules of the BCICAC.

The arbitrator will have the right to decide how the costs should be divided between us. The arbitrator will have the right to accept whatever kind of evidence they think is appropriate and will have the right to make whatever award they consider fair and equitable, based on legal and equitable principles, including giving an order such as an injunction (to stop one of us from doing something) or an order that you or we pay damages to the other. The arbitrator's award can be entered into the British Columbia Supreme Court registry in Vancouver, British Columbia, and enforced in the same way as a court order if the court in the enforcing jurisdiction allows.

We reserve the right, at our sole discretion, to modify, amend or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

It is your responsibility to review these Terms periodically.

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you know of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

Please refer to our Privacy Policy. You agree that they constitute a part of these terms. You must read our Privacy Policy before you use the Service.

If you have any questions about these Terms, please contact us at support@designlit.com.

These Terms, including the documents referred to in these Terms, represent the entire understanding between you and DesignLit and supersede any prior statements or representations. Headings in these Terms are for reference only and do not affect the meaning of the Terms. These Terms cannot be amended except in writing by an authorized representative of DesignLit.

Please save a copy of these Terms for your records.