These Terms of Service (this “Agreement”) between Designity, INC (“we”, “us” or “Designity”) and you, govern your access and use of our project management platform made available through www.designity.com (this “Site”) and the monthly plan or other services we provide (the “Services”). By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
This Site is controlled and operated by us from our offices within the United States. We make no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Those who choose to access this site from locations outside the United States are responsible for compliance with all applicable laws.
The date you kick off with your assigned creative director (kick-off call) is the official start date of your trial and monthly plan. Subject to your compliance with this Agreement, as well as your monthly plan for an applicable plan and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term to which you have purchased.
You may use the Services for any number of projects and scope that you have purchased for under the applicable monthly plan that can be reviewed at Designity.com/pricing. While we accept unlimited requests and revisions, our output volume depends on many factors, namely depending on your purchased plan and the complexity of your projects. We will provide you with a comprehensive timeline at the beginning of each project to make the deadline and the required steps as clear as possible.
The speed of the deliverables is determined by your purchased monthly plans. What we can create with a single monthly plan depends on many factors, including, but not limited to: (i) the type of plan; (ii) the volume of requests; (iii), and the complexity of requests. To increase the volume of work we can complete within a business day, we suggest you consider our premium plan.
You are the owner and/or controller of all of your information, data, or materials that you provide to us to use the Services (“Customer Content”). By submitting Customer Content to us, you are representing that you are the owner of such Customer Content and/or have the necessary rights, licenses, and authorization to distribute it. You grant us a worldwide, royalty-free, non-exclusive license to access and use Customer Content to provide the Services.
You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the deliverables, including all intellectual property rights therein. We agree that with respect to any deliverables that may qualify as “work made for hire” as defined in 17 U.S.C. §101, such deliverables are deemed a “work made for hire” for you. To the extent that any deliverables do not constitute a “work made for hire,” we irrevocably assign you all right, title, and interest throughout the world in and to the deliverables, including all intellectual property rights therein. Notwithstanding the foregoing, the terms of this Section are subject to your compliance with this Agreement and your full payment of applicable amounts due.
In the course of providing the Services, we may use certain pre-existing materials. We and our licensors are, and will remain, the sole and exclusive owners of all right, title, and interest in and to any pre-existing materials. We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Services or deliverables. We expressly reserve all other rights in and to such pre-existing materials.
All virtual client interactions with any persons of Designity are recorded for quality assurance purposes. All confidential information shared within these interactions are secured and protected.
The date you kick off with your assigned creative director (kick-off call) is the official start date of your trial and monthly/quarterly/yearly plan. If you decide to continue your plan after the trial, the trial period counts towards your first period of service and you'll be responsible for payment on the final date of your trial by 11:59 PM. After the trial, you must pay the fees in full, in such amounts, and for such billing frequency as specified during registration.
If you decide to cancel your trial, you don't need to pay anything and any processed payment will be refunded. Upon the cancelation of the trial you will lose your right to use any of the delivered work. There will be serious consequences for using the delivered work if you decide to cancel your trial. To request the cancelation of your trial you must submit your request through your Designity portal and you need to have a quick conversation with your Customer Success Manager (link provided in cancellation request form).
Although your payment will be set to recurring after the trial, you can always cancel your plan with 7 days notice before the renewal date. To request for cancelation you must submit your request through your Designity portal and you need to have a quick conversation with your Customer Success Manager (link provided in cancellation request form). New project requests cannot be made under any plan that has already been cancelled. Revision requests can only be made up to 2 business days prior to a plan’s last day. Once you cancel your plan, you are not required to pay anything at the cancelation or moving forward. You can come back and purchase a new plan whenever you want in the future. If you wish to keep your creative director on hold, you may pause your plan (see section below)*. All files produced and saved by Designity during a client’s plan will be deleted after 60 days from the termination of the plan.
You have the option to pause your monthly plan at any time as long as you have a settled zero balance at the time of your pause request. Pausing helps you save money if you don't have enough projects or you're busy at the time. Pauses can be made at any time with the exception of circumstances such as pausing due to a creative director notifying you of vacation time. You can either pause your plan for two weeks (for $295) or for an unlimited number of months (for $395 per month). You can also activate your account anytime during the pause and the activation date will be your new start date. Any outstanding days for your plan will be prorated to your reactivated plan. The followings are the benefit of pausing:
1. You can still consult with your designated creative director to get their brain for any sort of design and marketing matters. You'll keep your weekly video calls with your CD as usual and they will reply to your messages as quickly as before.
2. Your creative director will be always on standby to immediately work on projects whenever you're ready to activate your plan. They keep all your branding materials and source files ready so you don't need to start from scratch.
3. You get quarterly VIP consultation from our marketing experts to audit your brand, your website traffic, your marketing campaigns, and more to provide you with unique marketing ideas.
You have the option to downgrade, upgrade, or customize your plan at any time through your dashboard to our available plans. Any change to your account would be reflected in the upcoming month.
Unlimited requests and revisions: You can submit as many project requests as you desire. However, on the Essentials plan, we always add requests to our shared timeline and execute on deliverables in a linear model. If you have a Plus plan, 2 creatives work under the creative director. If you have a Premium plan, 3 creatives work under your creative director supervision. This means more deliverables can be executed for you simultaneously. The final delivery time for each project will be set by your assigned creative director.
Video Calls: You could always email your creative director, however the number of video/phone calls is limited to 4 video calls per month for the Essential plan, 8 video calls for the Plus plan and 12 video calls for the Premium plan.
Scope of Service: You can rely on us for a variety of design and marketing categories. Some categories are limited to Premium and Plus plans only which can be reviewed at Designity.com/pricing.
Type of creatives: We only work with US-based creatives and we have 4 different type of creatives in our network, Emerging Creatives (1-3 Years Experience), Professional Creative (4-7 Years Experience), Accomplished Creatives (8-12 Years Experience), and Creative Directors (13+ Years Experience). Depending on the nature and complexity of the project the creative director may collaborate with different type of creatives to complete your project.
Stock Images: All the plans include access to free stock assets and sourcing (images, videos, sound, etc..) Paid stock assets are to be paid by the client and added to their next billing cycle.
You hereby grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, publish, and display any deliverables that we develop in connection with the Services for the purpose of marketing and advertising (the “Portfolio Rights License”). You may revoke the Portfolio Rights License during the onboarding process or at any time by sending written notice to support@designity.com. If you revoke the Portfolio Rights License, we will stop using your deliverables for marketing and advertising purposes. You understand that your deliverables may continue to exist elsewhere online such as where the deliverables have been used by others in accordance with the Portfolio Rights License.
Designity does not operate business on weekends and the following holidays:
New Year - Monday January 1, 2024
New Year Extra Off Day - Tuesday January 2, 2024
President’s Day / Washington’s Birthday - Monday February 19, 2024
Memorial Day - Monday May 27, 2024
Independence Day - Thursday July 4 2024
Labor Day - Monday September 2, 2024
Thanksgiving Holiday Break - Thursday November 28, 2024
Thanksgiving Holiday Break - Friday November 29, 2024
Christmas Holiday Break - Wednesday December 25, 2024
Christmas Holiday Break - Thursday December 26, 2024
New Year’s Holiday Break - Wednesday January 1, 2025
Use of our Services requires you to register online with our trial at Designity.com/pricing and agree to these terms and conditions. All the plans can be customized through available add-ons at Designity.com/add-ons
There is no long term commitment to your monthly plan and you can pay for the service through ACH, crypto (Bitcoin or Ethereum), or credit/debit card. You’ll be responsible to pay us on the recurrence you signed up for until you cancel your plan. You can save 5% if you pay on a quarterly basis and 10% if you pay on a yearly basis. You can always adjust the frequency through your Designity dashboard. You can adjust the method of payment by emailing accounting@designity.com.
If you pay through ACH or crypto you need to make sure we receive the fee on-time before the end of your trial, and moving forward on the corresponding monthly date of the start of your trial (kick-off call date).
If you pay by credit/debit card, you authorize us to charge your method of payment (e.g. credit card) on the final date of your trial by 11:59 PM, and moving forward for the fee and based upon your chosen billing frequency (e.g. monthly, quarterly, annually). Additional fees apply for payments by credit/debit card. The following chart shows the total monthly rates per plan if paying via credit/debit card:
The following payments of your monthly plan are due one day before your plan renews by 11:59 PM unless you cancel your plan through your dashboard at least 7 days in advance before renewal. If you fail to pay on time, your plan will be suspended and you’ll lose access to your creative director and team, as well as the right to use the delivered work. If we don’t receive the recurring payment on time you will be subjected to a $50 penalty each day past your payment due date and your plan will be suspended after 10 days. Reactivating suspended accounts are subject to a $200 reactivation fee.
All plan payments are due on receipt of invoice and are subject to pricing increases if payments are received after this period. If clients wish to make their payment on other terms, they should reference the pricing increases in the chart below.
Please note, any terms other than due on receipt are subject to approval.
Upon the termination of an account, clients have the ability to extend their plan day by day. Daily extensions can be made in the case where clients no longer need a full month of service or need extra days to complete their projects. Essentials plans can be extended for $250 per day, Plus plans for $450 per day and Premium plans for $700 per day.
Each company is entitled to one trial only every six months. This means if you had a trial within the past 12 months you won't be qualified for another trial, however, you can always sign up with Designity without a trial period.
Clients have the option to submit a request for the buyout of a creative or a creative director at Designity, enabling them to work directly with the individual outside the confines of Designity. This request is subject to the approval of the Designity team, which will consider each case on an individual basis. It is important to note that any violation of this policy may result in serious legal consequences for both parties involved.
For purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, research, images, development, design details and specifications, and marketing plans.
During the course of our relationship, you may disclose to us your Confidential Information. We agree to hold in confidence and not disclose to any third party any of your Confidential Information, except as approved or directed in writing by you, and will use your Confidential Information for no purpose other than for the Services. We will limit access to your Confidential Information to only those employees, officers, directors, contractors, representatives, and agents who are involved in providing Services to you. We will be responsible to you for any breach of this provision by our employees, officers, directors, contractors, representatives, and agents.
During the course of our relationship, we may similarly disclose to you our Confidential Information. You agree to hold in confidence and not disclose to any third party any of our Confidential Information, except as approved or directed in writing by us, and will use our Confidential Information for no purpose, except as permitted by this Agreement. You will limit access to our Confidential Information to only those employees, officers, directors, contractors, representatives, and agents to whom it is necessary to disclose our Confidential Information. You will be responsible to you for any breach of this provision by your employees, officers, directors, contractors, representatives, and agents.
Notwithstanding anything to the contrary in this Agreement, the following is not Confidential Information: (a) information that was in the public domain at the time of its disclosure or has entered the public domain without breach of this Agreement; (b) information that was already in the rightful possession of a party at the time of disclosure; (c) information that is independently developed by a party without breaching this Agreement; or (d) information that becomes known to a party, without restriction, from a third-party source not directly or indirectly involving a breach of this Agreement.
The confidentiality obligations under this Agreement will survive for five (5) years after the termination of this Agreement.
This Agreement will expire and terminate upon the expiration or termination of your account or monthly plan to a Service. All sections of this Agreement which by their nature should survive termination will survive termination, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
We may terminate this Agreement at any time upon notice if you default or breach this Agreement. Upon expiration or termination of your account or monthly plan to a Service, all rights under this Agreement relating to such Service will immediately terminate, you will lose all access to the applicable Service, including access to your account and Customer Content or other files. If we terminate the Agreement for your breach, any licenses to Licensed Content will terminate.
We represent and warrant that you will receive a good and valid title licenses to all deliverables, free and clear of all encumbrances and liens of any kind, except for Licensed Content and other pre-existing materials, which may be subject to additional terms and restrictions. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION, THE SITE AND THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE”. WE MAKE NO PROMISES ABOUT OUR SERVICES AND, TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHER VIOLATION OF RIGHTS, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE.
Our privacy policy, which can be found at https://designity.com/privacy-policy (the “Privacy Policy”), describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately. You must be at least age 18 to access this Site.
WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED OR EXPRESSED WARRANTIES, SHALL NOT EXCEED FIFTY DOLLARS, REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED TO CUSTOMER CONTENT OR USE OF THE SERVICES OR ANY DELIVERABLES. YOU SHALL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
If this Site is available through any third-party platform, or if we provide links from this Site to any third-party platform, then we do not accept responsibility for any content or practices of such third parties.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials from this Site by submitting written notification to our agent designated below.
Any content (text, documents, PDF, images, videos, files) you send us during the collaboration is considered “Your Content” and you are held 100% liable for copyright infringement. We do not provide any copyrights, trademarks, or licenses research when using your content. Designity only takes responsibility for the copyright infringement of the content that is created by Designity's team. If there is any infringement occurs in bad faith then we take the necessary steps to resolve the issue.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the ”DMCA Notice”) must include substantially the following: (1) your physical or electronic signature; (2) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Site, a representative list of such works; (iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the written notice is accurate; (vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent to receive DMCA Notices is:
Shahrouz Varshabi
support@designity.com
Designity Inc
1178 Broadway, 3rd Floor #3041, New York, NY 10001
This Agreement is governed by, and construed in accordance with, the laws of the State of New York, 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. Any legal action, claim, or proceeding relating to or arising out of this Agreement shall be instituted in a state or federal court of competent jurisdiction in Manhattan, New York. The parties agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
THE PARTIES AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This Agreement and the rights and obligations herein are personal to you, and you may not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder, without our prior written consent. We may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, bankruptcy, reorganization, or sale of some or all of our assets or stock.
If anyone or more of the provisions of this Agreement is for any reason held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will be unimpaired and will remain in full force and effect, and the invalid, illegal or unenforceable provision(s) will be replaced by a valid, legal and enforceable provision or provisions that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision(s).
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of this Agreement or any breach, in any one instance, will not waive such term or condition or any subsequent breach.
If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to a pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third-party services, and hostile 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.
If you have executed a separate agreement with us applicable to your access to and use of this Site or our Services, then the terms and conditions of that agreement prevail to the extent of any conflict with this Agreement. In all other cases, this Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior communications and proposals.