General Terms and Conditions Last updated: 08/03/2024

THESE TERMS OF USE (the "Agreement") constitute a legally binding agreement between DesignDrive, a company established under the laws of the Dutch state ("DesignDrive") and the customer, whether personally or on behalf of an entity ("Customer"), regarding access to and use of DesignDrive's website: https://designdrive.co (the "Website") and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Not agreeing with and adhering to all terms, provisions and obligations contained herein results in the express prohibition of the Customer's use of the Website, and the Customer is ordered to cease use immediately. Thereafter, the relationship between the Customer and DesignDrive will terminate and be of no further force and effect between the parties, except that any obligation of the Customer to pay DesignDrive for services rendered will continue to exist and be a continuing obligation of the Customer to DesignDrive.

1. Intellectual Property Rights Unless otherwise indicated, the Website is owned by DesignDrive and all source code, databases, functionality, software, website designs, audio, video, text, photographs and images of any kind and regardless of format (hereinafter, collectively or individually, the "Content") and the trademarks, service marks and logos contained therein (the "Marks") are owned by and controlled by DesignDrive and are protected by copyright and trademark laws and all other applicable intellectual property laws or regulations of the Netherlands, foreign jurisdictions and international conventions. The Content and Marks are provided "as is" for your information and personal use. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, reprinted, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without the express prior written permission of DesignDrive. DesignDrive reserves all rights to the Website, Content and Marks.
2. Ownership of Materials Notwithstanding DesignDrive's ownership of Submissions as described in Paragraph 4 ("Customer Feedback"), all design and original source files created on behalf of the Customer ("Projects") belong to the Customer, and the Customer will be the sole owner of the copyright for all Projects. In the event that any legislation would compel DesignDrive to become owner of a Project, in whole or in part, instead of the Customer, DesignDrive irrevocably and perpetually assigns its entire interest in the Project to the Customer, without limitation. The Customer warrants that all materials provided to DesignDrive as examples or as material to be incorporated into a project during the design process are owned by the Customer and do not infringe upon or misuse the rights of third parties, including, but not limited to, all intellectual property rights and any rights to publicity. DesignDrive always retains the right to publicly share the Customer's design work (social media, website, etc.) unless otherwise agreed as stated in section 18 of this document.
3. Third Party Fonts In the event that a Project includes fonts that are not owned by DesignDrive and for which a commercial license is required to legally reproduce, distribute, or publicly display the Project ("Third Party Fonts"), DesignDrive will inform the Customer in writing that one or more Third Party Fonts have been included in the Project and that the Customer must purchase one or more licenses for the Third Party Fonts from the rights holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. This notification will contain information sufficient for the Customer to identify which licenses are required and who to contact to purchase said licenses. As long as DesignDrive has informed the Customer of the inclusion of Third Party Fonts as described above, the Customer accepts all responsibility for any consequences resulting from the Customer's failure to purchase one or more licenses for any Third Party Fonts included in a Project.
4. User Representations By using the Website, the Customer represents and warrants that: the Customer has the legal capacity and agrees to these Terms of Use; the Customer is not a minor in the jurisdictions of their domicile; the Customer will not access the Website via automated or non-human means; the Customer will not use the Website for an illegal or unauthorized purpose; the Customer's use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities The Customer may not access or use the Website for any purpose other than that for which the Website is made available to the Customer. The Website may not be used in connection with commercial endeavors, except those related to the work performed by DesignDrive on behalf of the Customer. Further, the Customer agrees to avoid the following: Unauthorized use of the Website; Retrieval of data or content for the creation or compilation of a database or directory; Circumventing, disabling, or otherwise disrupting security-related features on the Website; Unauthorized framing or linking of the Website; Deceiving, misleading, or defrauding DesignDrive or other users; Disrupting, interfering with, or imposing an undue burden on the Website or DesignDrive's networks or servers; Using the Website to compete with DesignDrive; Deciphering, decompiling, disassembling, or reverse engineering any software that is part of the Website; Circumventing measures on the Website designed to prevent or restrict access to the Website or any part thereof; Harassing, intimidating, or threatening DesignDrive's staff, independent contractors, or agents providing services via the Website; Removing the copyright or other rights notice from any Content; Copying or adapting the Website's software; Uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other material, including anything that disrupts, impairs, alters, or interferes with the usability, features, functions, operation, or maintenance of the Website; Uploading or transmitting, or attempting to do so, material that acts as a passive or active information collection or transmission mechanism; Demeaning, tarnishing, or otherwise harming DesignDrive; Using the Website in a manner that violates any applicable laws, statutes, or regulations.
6. Customer Feedback The Customer acknowledges and agrees that questions, comments, suggestions, or other feedback or submission (each a "Submission") will be the exclusive property of DesignDrive and DesignDrive is not obligated to keep a Submission confidential or to take steps to ensure the confidentiality of a Submission. DesignDrive will be the sole and exclusive owner of all rights with respect to the Submission, except to the extent rights are granted to the Customer under Paragraph 2 ("Ownership of Materials"), and will use and distribute a Submission at its sole discretion and without limitation for any lawful purpose without permission, acknowledgment, or compensation from or to the Customer. The Customer agrees that it has the right to articulate and bring forward the Submission and hereby waives all claims and remedies against DesignDrive for the use of the Submission in accordance with the terms set forth herein and at its sole discretion hereafter.
7. Management and Supervision DesignDrive reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to any violation of the Terms of Use or any applicable law, statute, or regulation. DesignDrive further reserves the right to restrict or refuse access to the Website or to disable the Customer's use of the Website. Such a decision will be at DesignDrive's sole discretion, without notice or liability to the Customer. All decisions regarding the management of the Website will be at DesignDrive's sole discretion and will be designed to protect the rights and property of DesignDrive.
8. Privacy Policy By using the website, the customer agrees to be bound by and comply with the Privacy Policy, including the specific provisions set forth therein and hereby adopted and incorporated. The website is hosted in the United States of America. Access to the website from the EU, Asia, or other regions of the world may result in the application of laws, statutes, or regulations that differ from those of the United States and regulate the collection, use, or disclosure of personal data. By the continued use of the website and the transfer of data to the United States, the customer gives express consent for the transfer and processing of data in the Netherlands. DesignDrive does not knowingly accept or request information from individuals under the age of 18. In accordance with the United States' Children's Online Privacy Protection Act, DesignDrive, upon receiving actual knowledge that an individual under the age of 13 has provided personally identifiable information to DesignDrive without parental consent, will delete that information as quickly as possible.
9. Pausing Subscription Customers have the option to pause their subscription at any time by contacting DesignDrive at [email protected] within 24 hours of the desired pause date. Pausing can be done in weekly intervals. When paused, any remaining days in the customer's plan are retained and made available upon resumption of the subscription.
10. Returns and Refunds DesignDrive reserves the right to refuse refunds at its sole discretion and without notice or liability to the Customer. Refund requests are evaluated on a case-by-case basis. If the Customer requests a refund during the first month of use, all materials produced by DesignDrive are property of the company and prohibited for use by the Customer in any way. If a refund is deemed appropriate, a 25% fee is added to the remaining billable period. DesignDrive reserves the right to take appropriate legal action against the Customer for violation of this paragraph.
11. Modification DesignDrive reserves the right to change, modify, alter, amend, or remove all or any content on the Website for any reason at its sole discretion. DesignDrive reserves the right to modify or discontinue the Website in whole or in part without notice and without liability to the Customer.
12. Connection Interruptions DesignDrive does not guarantee that the Website will be available and accessible at all times. Problems with hardware, software, or other items may cause interruptions, delays, or errors beyond DesignDrive's control. The Customer agrees that DesignDrive will not be liable to the Customer for any loss, damage, or inconvenience caused by the Customer's inability to access or use the Website during a connection or service interruption.
13. Legal Disputes All legal disputes of any kind will be submitted to the courts of the Netherlands. The parties hereto hereby consent to personal jurisdiction in these courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act do not apply to these Terms of Use.
14. Disclaimer The Website is provided on an as-is, as-available basis. The Customer agrees that its use of the Website and Services are at the Customer's own risk. DesignDrive disclaims all warranties, express or implied, with respect to the Website and the Customer's use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. DesignDrive makes no warranties or representations about the accuracy or completeness of the Website or any content thereof or the content of websites linked to the Website and DesignDrive assumes no liability for errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, unauthorized access to or use of DesignDrive's secure servers and/or personal information and/or financial information stored therein, interruption or cessation of transmission to or from the site, bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website. DesignDrive does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party, either through the Website, a linked website, or a website or mobile application featured in any advertisement.
15. Limitation of Liability and Indemnification DesignDrive and its directors, employees, members, independent contractors, or agents will not be liable to the Customer or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profits, lost revenue, lost data, attorney's fees, court costs, fines, forfeitures, or other damages or losses resulting from the Customer's use of the Website. The Customer agrees to defend, indemnify, and hold harmless DesignDrive and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from any loss, damage, liability, claim, or demand including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach by the Customer of the representations and warranties set forth in this agreement; (4) the Customer's violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, DesignDrive reserves the right, at the Customer's expense, to assume control and defense of any matter for which the Customer is required to indemnify DesignDrive hereunder. The Customer agrees to cooperate with the defense of such claims.
16. User Data The Customer is solely responsible for all data that he or she submits, uploads, generates, displays, or otherwise sends via the Website ("User Data"). By transmitting User Data via the Website, the Customer grants DesignDrive a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, store, copy, modify, create derivative works, display, publicly display, perform, distribute, transmit, broadcast, and distribute such User Data in any manner that DesignDrive deems appropriate in its sole discretion.
17. Electronic communications, transactions and signatures Client hereby consents to receive electronic communications from DesignDrive and Client 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. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by DesignDrive or through the Website. Client 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.
18. Showcasing Design Work DesignDrive reserves the right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and DesignDrive, which in turn would void the right of DesignDrive to share or discuss Client's work publicly.