Terms and conditions

Apr 3, 2024

This is a legally binding agreement (the "Agreement") between Get Local Consulting, LLC, referred to as UXUI STUDIO, a limited liability company formed under the laws of the state of Texas ("UXUI Studio") and the client, either as an individual or on behalf of an entity ("Client"), regarding the use and access of UXUI Studio's website: https://www.uxui.studio/ (the "Website") and any other related, linked or connected media form, channel, mobile website or mobile application. The Client must agree and comply with all the terms, conditions and obligations contained here or else the Client is not allowed to use the Website, and the Client must stop using it right away. After that, the relationship between Client and UXUI Studio will end and have no further effect between the parties, except that any obligation of Client to pay UXUI Studio for services provided will remain and continue to be an ongoing obligation owed by Client to UXUI Studio.

 

**1. Intellectual Property Rights**

 

The Website belongs to UXUI Studio, unless stated otherwise. All source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any kind and format (herein, called the “Content” individually or together) and the trademarks, service marks and logos in it (the “Marks”) are owned and managed by UXUI Studio. They are protected by copyright and trademark laws and any other relevant laws or rules for intellectual property in the United States, foreign countries and international agreements. The Content and Marks are given “As-Is” for your information and personal use only. Except as clearly said here, you cannot copy, reproduce, combine, republish, upload, post, show, encode, translate, send, share, sell, license or use for any commercial reason any part of the Website or Content, without UXUI Studio’s written permission in advance. UXUI Studio keeps all rights in the Website, Content and Marks.

 

**2. Ownership of Materials**

 

As stated in Paragraph 4 (“Client Feedback”), UXUI Studio owns the Submissions, but Client owns all the design and original source files that are created for them (“Projects”) and has the sole copyright for all Projects. If the law makes UXUI Studio the owner of a Project, or any part of it, instead of Client, UXUI Studio gives up its whole interest in the Project to Client forever, without any limits. Client promises that any materials that they give to UXUI Studio as examples or as material to be used in a project during the design process belong to Client and do not violate or use any third party’s rights without permission, including, but not limited to, all intellectual property rights and any right of publicity. UXUI Studio always keeps the right to show the Client's design work publicly (social media, website, etc.) unless they agree otherwise as stated in section 18 of this document.

 

**3. Third-Party Fonts**

 

If any Project uses fonts that UXUI Studio does not own and that need a commercial license for Client to legally use, share, or show the Project (“Third-Party Font(s)”), UXUI Studio will let Client know in writing that the Project has one or more Third-Party Fonts and that Client will have to buy one or more licenses for the Third-Party Fonts from the owners of those fonts to legally use, share, or show the Project. The notice will include enough information for Client to know which licenses they need and who to contact to buy them. If UXUI Studio has told Client about the Third-Party Fonts as described above, Client is responsible for any results of not buying one or more licenses for any Third-Party Fonts in a Project.

 

**4. User Representations**

 

Client agrees to these Terms of Use and confirms that: Client is legally capable and not a minor where they live; Client will access the Website only by human and not automated means; Client will not use the Website for anything unlawful or prohibited; Client’s use of the Website will respect all relevant laws and rules.

 

**5. Prohibited Activities**

 

The client shall only access or use the Website for the intended purpose that the Website is provided to the Client. The Website may not be used for any business purposes except those related to the work that UXUI Studio does for the Client. Also, Client agrees to avoid the following actions: Use the Website without authorization; Extract data or content to create or build a database or directory; Avoid, disable or interfere with any security features on the Website; Use unauthorized framing or linking of the Website; Deceive or mislead UXUI Studio or other users; Disturb or overload the Website or UXUI Studio’s networks or servers; Use the Website to compete with UXUI Studio; Decode, decompile, disassemble or reverse engineer any software that is part of the Website; Ignore any measures on the Website that limit or block access to the Website or any part of it; Harass, bother, intimidate or threaten any of UXUI Studio’s employees, independent contractors or agents who provide services through the Website; Remove the copyright or other rights notice from any Content; Copy or modify the Website’s software; Upload or send, or try to do so, viruses, Trojan horses or other material that affects any party’s use of the Website or changes, damages, disrupts, alters or interferes with the use, features, functions, operations or maintenance of the Website; Upload or send, or try to do so, any material that collects or transmits information passively or actively; Damage, diminish or harm UXUI Studio; Use the Website in a way that breaks any applicable laws, statutes or regulations.

 

**6. Client Feedback**

 

Client agrees that any feedback or ideas (each a “Submission”) that they provide will belong only to UXUI Studio and UXUI Studio does not have to keep a Submission secret or protect its privacy. UXUI Studio will have all the rights related to the Submission, unless they give some rights to Client under Paragraph 2 (“Ownership of Materials”), and can use and share a Submission for any legal purpose without asking, thanking or paying the Client. Client promises that they have the right to share the Submission and Client gives up any claims or actions against UXUI Studio for using the Submission according to these terms and as it wishes later.

 

**7. Management and Oversite**

 

UXUI Studio has the right to check the Website for violations of these Terms of Use and to take appropriate legal action in case of a violation of the Terms of Use or any applicable law, statute or regulation. UXUI Studio also has the right to limit or block access to the Website or disable the Client’s use of the Website. Such decision shall be at the sole discretion of UXUI Studio, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of UXUI Studio and shall be designed to protect UXUI Studio’s rights and property.

 

**8. Privacy Policy**

 

Client agrees to follow the Privacy Policy and the terms in it by using the Website. The Website is in the United States of America. If Client uses the Website from the EU, Asia or another part of the world, different laws, rules or regulations may apply that deal with how personal data is collected, used or shared. Client agrees to let their data be moved and processed in the United States by continuing to use the Website. UXUI Studio does not knowingly collect or ask for information from people under 18. According to the United States’ Children’s Online Privacy Protection Act, UXUI Studio will delete any information from a person under 13 without parental permission as soon as possible after finding out.

 

**9. Returns and Refunds**

 

UXUI Studio has the authority to refuse refunds based on its own judgment and without warning or responsibility to Client. Refund requests are evaluated individually. If Client asks for a refund during the first month of use, all materials created by UXUI Studio belong to the company and Client is not allowed to use them in any way.

 

If a refund is considered fair, there will be a 25% fee applied to the remaining payment period.

 

UXUI Studio has the right to pursue legal actions against Client for violating this paragraph.

 

**10. Modification**

 

UXUI Studio has the authority to make any changes or deletions to anything or any content on the Website for any reason as it sees fit. UXUI Studio has the authority to alter or stop some or all of the Website without informing and without being responsible to Client.

 

**11. Connection Interruptions**

 

UXUI Studio does not promise or assure that the Website will always be up and running. Problems with hardware, software or other things may cause breaks, delays or mistakes that UXUI Studio cannot prevent. Client agrees that UXUI Studio will not be responsible to Client for any harm, loss or trouble caused by Client’s failure to access or use the Website during any cut-off in the connection or service.

 

**12. Governing Law**

 

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principals.

 

**13. Litigation**

 

The state courts of Texas or the United States District Court for the District of Texas shall have jurisdiction over any legal dispute arising from these Terms of Use. The parties agree to be subject to the authority of these courts and do not object to the location and convenience of these courts. These Terms of Use do not follow the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transaction Act.

 

**14. Disclaimer**

 

The Website is provided as it is and as it is available. Client agrees that using the Website and Services is at Client's own risk. UXUI Studio does not guarantee anything, express or implied, about the Website and how Client uses it, including that it is suitable, fit for a specific purpose or does not violate any rights. UXUI Studio does not make any promises or statements about how accurate or complete the Website or its content are or the content of any websites linked to the Website and UXUI Studio is not responsible for any content and materials that are wrong, inaccurate or misleading, any harm or damage to people or property, of any kind, any unauthorized access or use of UXUI Studio's secure servers and/or any personal information and/or financial information stored there, any interruption or stoppage of communication to or from the site, any bugs, viruses, Trojan horses or similar things that may be sent to or through the Website by anyone else and/or any errors or missing information in content and materials or any loss or damage of any kind that happens because of using any content that is posted, sent or made available through the Website. UXUI Studio does not support, approve, guarantee or take responsibility for any product or service that is advertised or offered by someone else through the Website, a website that is linked or any website or mobile application that is shown in any advertisement.

 

**15. Limitations of Liability and Indemnification**

 

Client is responsible for any harm or loss that they or anyone else may suffer from using the Website, and UXUI Studio and its related parties are not liable for any damages or costs that may result from Client’s use of the Website. Client agrees to protect and compensate UXUI Studio and its related parties for any loss, damage, liability, claim or demand including reasonable legal fees and expenses, caused by any third party because of: (1) Client’s use of the Website; (2) Client’s failure to follow these Terms of Use; (3) Client’s false or misleading statements and promises in this agreement; (4) Client’s violation of any third party’s rights, including but not limited to intellectual property rights. However, UXUI Studio has the right, at Client’s expense, to take over and defend any matter that Client is supposed to indemnify UXUI Studio for under this agreement. Client agrees to cooperate with the defense of such matters.

 

**16. User Data**

 

Client is the only one accountable for all data that is sent to or that is related to any activity Client has done using the Website. UXUI Studio will not be liable to Client for any damage or loss of any such data and Client hereby gives up any claim against UXUI Studio from any such damage or loss.

 

**17. Electronic communications, transactions and signatures**

 

By using UXUI Studio's services, Client agrees to receive electronic communications from UXUI Studio and Client accepts that any contracts, notices, disclosures and other messages sent by email or through the Website are legally valid as if they were in writing. Client also agrees to use electronic signatures, contracts, orders and other documents, and to get notices, policies and records of transactions that UXUI Studio starts or finishes by email or through the Website. Client gives up any rights or requirements under any laws in any place that need an original signature or sending or keeping of non-electronic documents or to paying or giving credits by any way other than electronic.

 

**18. Showcasing Design Work**

 

UXUI Studio can post design work on online platforms such as social media, website, etc. unless there is a different agreement. The Client can sign an NDA with UXUI Studio, which would stop UXUI Studio from sharing or talking about the Client's work in public.

 

**19. Referrals**

 

We use our third-party partner, http://rewardful.com, to manage affiliate referral tracking and payouts.

 

**20. Miscellaneous**

 

The whole agreement and understanding between the Client and UXUI Studio is made up of these Terms of Use and any policies on the Website or about the Website. UXUI Studio does not give up any right or provision of these Terms of Use if it does not enforce them. If any provision or part of these Terms of Use is found to be illegal, invalid or unenforceable, that provision will be cut off from these Terms of Use but the rest of the provisions will still be valid and enforceable. Nothing in these Terms of Use, the Privacy Policy or on the Website means that a joint venture, partnership, employment or agency relationship is created between Client and UXUI Studio.

 

**20. Contact Information**

 

For any questions or complaints regarding the Website, please contact UXUI Studio at: hello@get-local.app