Terms & Conditions
This Terms of Use Agreement (the “Agreement”) is a legally binding contract between CINCONIZE, LLC, a limited liability company, and the client (“Client”), whether personally or on behalf of an entity, regarding access and use of Cinconize’s website: https://cinconize.com/ (the “Website”) and any related media, channel, mobile website, or mobile application. By using the Website, the Client agrees to adhere to all terms, conditions, and obligations stated herein. Failure to do so will result in the prohibition of the Client’s use of the Website, and the Client must discontinue use immediately. Any outstanding obligations of the Client to pay for services rendered will remain in effect.
1. Intellectual Property Rights
Unless otherwise indicated, the Website and its content, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (“Content”), are owned by Cinconize and protected by copyright and trademark laws. The Content is provided “A-Is” for personal use only. No part of the Website or Content may be copied, reproduced, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without prior written permission from Cinconize. Cinconize reserves all rights in the Website and Content.
2. Ownership of Materials
All design and original source files created for the Client (“Projects”) are owned by the Client. If any legal action would cause Cinconize to own a Project, Cinconize assigns its interest in the Project to the Client. The Client warrants that all materials provided to Cinconize are owned by the Client and do not infringe any third-party rights. Cinconize reserves the right to publicly share the Client’s design work unless otherwise agreed upon in section 18 of this document.
3. Third-Party Fonts
4. User Representations
By using the Website, the Client represents and warrants that they have the legal capacity to comply with these Terms of Use, are not a minor in their jurisdiction, will not access the Website through automated means, will not use the Website for illegal purposes, and will not violate any applicable laws or regulations.
5. Prohibited Activities
The Client agrees not to use the Website for any purpose other than its intended use. Prohibited activities include unauthorized use, data retrieval for database creation, security interference, unauthorized framing or linking, deception, disruption, competition with Cinconize, software decompilation, access circumvention, harassment, copyright notice removal, software copying or adaptation, virus transmission, and any activity inconsistent with applicable laws.
6. Client Feedback
Client submissions, including questions, comments, and suggestions, become the property of Cinconize. Cinconize may use these submissions at its discretion without obligation to the Client, except as provided in section 2 (“Ownership of Materials”). The Client waives all claims against Cinconize for its use of the submissions.
7. Management and Oversight
Cinconize reserves the right to monitor the Website for compliance with these Terms of Use and to take legal action for violations. Cinconize may restrict or deny access to the Website at its discretion.
8. Privacy Policy
By using the Website, the Client agrees to the Privacy Policy, which is incorporated into these Terms of Use.
9. Returns and Refunds
Refunds are at the discretion of Cinconize and are assessed case by case. If a refund is issued within the first month of use, all materials produced by Cinconize remain its property. A 25% fee applies to the remaining billable period if a refund is deemed appropriate. Cinconize may take legal action for breaches of this paragraph.
10. Modification
Cinconize reserves the right to modify or discontinue the Website or its content at any time without notice or liability to the Client.
11. Connection Interruptions
Cinconize does not guarantee the Website will be available at all times. The Client agrees that Cinconize is not liable for any loss or inconvenience caused by connection interruptions.
12. Governing Law
These Terms of Use are governed by the laws applicable without regard to conflict of law principles.
13. Litigation
The parties consent to personal jurisdiction in the applicable courts and waive defenses of lack of jurisdiction and forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act do not apply.
14. Disclaimer
The Website is provided “as-is” and “as-available.” Cinconize disclaims all warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. Cinconize is not liable for errors, inaccuracies, or any issues arising from the use of the Website.
15. Limitations of Liability and Indemnification
Cinconize is not liable for direct, indirect, consequential, incidental, special, or punitive damages arising from the Client’s use of the Website. The Client agrees to defend, indemnify, and hold harmless Cinconize and its affiliates from any claims or demands, including legal fees, arising from the Client’s use of the Website.
16. User Data
The Client is responsible for all data transmitted through the Website. Cinconize is not liable for any data loss or corruption.
17. Electronic Communications, Transactions, and Signatures
The Client consents to receive electronic communications from Cinconize and agrees that electronic communications satisfy legal requirements for written communication. The Client agrees to electronic signatures and transactions.
18. Showcasing Design Work
Cinconize may share design work publicly unless otherwise agreed upon. The Client can issue an NDA to prevent public sharing.
19. Miscellaneous
These Terms of Use constitute the entire agreement between the Client and Cinconize. Failure to enforce any right or provision does not constitute a waiver. If any provision is unlawful or unenforceable, it does not affect the validity of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created by these Terms of Use.
20. Contact Information
For any questions or complaints regarding the Website, please contact Cinconize at: contact@cinconize.com