1. Terms and acceptance

By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Designity and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

This Site is controlled and operated by Designity, Inc (“Designity”) from its offices within the United States. Designity makes 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.

2. IP Ownership / Use license

The material provided on this Site is protected by law, including without limitation, United States Copyright law. The copyright in all material provided on this Site is held by Designity. Except as expressly permitted by Designity, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Designity or the copyright owner.

Permission is granted to you to download and use the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.

You may not:

  • Modify or copy the materials
  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
  • Attempt to decompile or reverse engineer any software contained on Designity’s website
  • Remove any copyright or other proprietary notations from the materials
  • Transfer the materials to another person or “mirror” the materials on any other server

This permission shall automatically terminate if you violate any of these restrictions and may be terminated by Designity at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format. Designity reserves the right to terminate your account at any time for any reason.

The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the applicable laws and regulations. Use of the Site by the Government constitutes acknowledgment of Designity’s proprietary rights in them

3. Disclaimer

THE MATERIALS ON Designity’S WEBSITE ARE PROVIDED “AS IS”. Designity MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, Designity DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

4. Limitations

IN NO EVENT SHALL Designity OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON Designity’S INTERNET SITE, EVEN IF Designity OR A Designity AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Designity UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.

5. Revisions and data errata

The materials appearing on Designity’s web site could include technical, typographical, or photographic errors. Designity does not warrant that any of the materials on its web site are accurate, complete, or current. Designity may make changes to the materials contained on its web site at any time without notice. Designity does not, however, make any commitment to update the materials.

6. Links

Designity has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Designity of the site. Use of any such linked website is at the user’s own risk.

7. Site terms of use modifications

Designity may revise these terms of use for the Site at any time without notice. By using the Site you are agreeing to be bound by the current version of these Terms and Conditions of Use.

8. Governing law

Any claim relating to Designity’s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

9. Feedback

Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Designity or its affiliates for any purpose whatsoever, including developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personally identifiable information provided to Designity will be handled in accordance with Designity’s privacy policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

10. Fees, refunds and No-Risk Guarantee

You agree to pay the fees, in such amount and for such billing frequency as specified during online registration or phone call with our sales team, in full prior to any obligation of Designity to perform under this Agreement. You further agree that, upon registering for the services through the Site, you authorize Designity to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. per project, monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Designity through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Designity that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

For pay per project clients: If you cancel your project without approving the sketches, wire-frame, design, code or any other related materials, you may qualify for full refund for the purchase price. If you cancel your project after approving the sketches, wire-frame, design, code or any other related materials, you will be considered for partial to no refund deponds on the stage of the project. This Risk Free offer is available one time only to any person or entity.

For subscription clients: You only have 14 days to cancel your subscription. After that 14 days you will need provide us with 30 days notice to cancel your subscription. If you approve or utilize any of the designed work you will waive your right for the 14 days risk free cancelation.

To request the cancelation: You need to email your account manager at Designity and request your cancelation in a written format. It takes approximately 10 business days for us to process a refund. In addition, once we process a refund, it might take a few days for your bank to make the funds available.

Promotions, upgrades, and adjustments to existing plans are non-refundable.

You, the client are responsible to use Designity after payment.

11. Ownership, trademarks & provided assets

You own all graphics and files we create during any month paid in full. You will provide all content/copy to be used in our designs. You agree that any materials provided to are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Designity that all materials provided do not infringe on the intellectual property rights of third parties.

You agree to indemnify, defend, and hold harmless Designity and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

12. Don’t abuse Designity

If we find that you are not in alignment with our model, sharing accounts/logins, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic we reserve the right to cancel your account.

Your right to use the Designity services shall terminate upon your breach of any term of this Agreement.

13. Output files

While we do our best to minimize any mistakes, due to the nature of creative design we can not guarantee all files delivered will be 100% error free. Upon file delivery you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. Designity is not responsible or liable for any losses or expenses incurred from errors or omissions.

14. Sample work

By default, you agree to provide Designity with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We will do our best to seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to support@designity.com.

15. Confidentiality

We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization, subject to our Privacy Policy.

16. Work and delivery output

While we can accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time sensitive requests.

17. DPUs defined

A DPU is a measurement of creative output and what we are able to accomplish with your designer, our software, and the Graphic Design Cloud in a business day. How much can be created with a DPU depends on many factors including, but not limited to the type of plan (Entrepreneur or Growing Business , or Premium), the volume of requests, and the complexity of requests. There is no guarantee to the amount of work that can be created in a business day, with a single DPU. To increase the volume of work created within a business day it’s suggested to add DPUs to your account.

18. Digital Millenium Copyright Act (DMCA)

In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to:

Designity Inc.

1 Washington Park, 7th Floor (NVP),

Newark, NJ 07102 USA

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

19. Review the knowledge base

Finally, you agree that you’ve reviewed and understand the content within our knowledge base outlining details on how our tool works and its scope of service.