Last Updated: February 8, 2025
THIS TERMS OF SERVICE AGREEMENT (the “Agreement”) constitutes a legally binding agreement between Gabriel Ghali, operating under Digiroad OU (“Designer”), and the client, whether personally or on behalf of an entity (“Client”), regarding access to and use of the Magnetic Brand Experience service and any related websites, platforms, or services (collectively, the “Services”). By engaging our Services, the Client expressly agrees to be bound by all terms, conditions, and obligations contained herein.
1. Intellectual Property Rights
1.1 Service Ownership
Unless otherwise indicated, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by the Designer and are protected by copyright and trademark laws and other applicable intellectual property laws and regulations.
1.2 Project Ownership
Upon full payment and delivery of the final files, all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. The Client may not resell, distribute, or modify the branding work created by the Designer beyond the scope of the agreed-upon usage.
1.3 Portfolio Rights
The Designer reserves the right to share the Client’s design work publicly (social media, website, etc.) unless explicitly agreed otherwise in writing through a Non-Disclosure Agreement.
2. Client Representations and Warranties
By using our Services, Client represents and warrants that:
- Client has the legal capacity to enter into this Agreement
- Client will not use the Services for any illegal or unauthorized purpose
- Client owns or has proper licenses for any materials provided to Designer
- Client’s use of the Services will not violate any applicable law or regulation
3. Third-Party Content
3.1 Fonts and Licenses
The Client assumes responsibility for obtaining proper licenses for any third-party fonts or other content incorporated into the final deliverables. The Designer will inform the Client in writing when such licenses are required.
3.2 Client Materials
Client warrants that any materials provided to Designer as examples or for incorporation into a project are owned by Client and do not infringe on any third party’s rights.
4. Disclaimer of Warranties and Limitation of Liability
4.1 Service Disclaimer
The Services are provided strictly “as is” and “as available” without any warranties or representations of any kind, whether express or implied. The Designer makes no warranties regarding the accuracy, reliability, or availability of the Services.
4.2 Complete Disclaimer of Liability
The Designer shall not be liable for any damages whatsoever arising out of or in connection with the Services, including but not limited to:
- Direct, indirect, incidental, special, consequential, or exemplary damages
- Lost profits or revenue
- Lost data or content
- Business interruption
- Any claims by third parties
This disclaimer applies regardless of the theory of liability, even if the Designer has been advised of the possibility of such damages.
5. Refund Policy
5.1 No-Refund Policy
We would recommend considering a cancellation of the Growth Plan after the initial 2-month commitment. For the Legacy Plan, multiple revision rounds are included to ensure satisfaction and therefore, due to the custom nature of our Services, we maintain a strict no-refund policy once work has started.
6. Privacy Policy
6.1 Information Collection
We collect and process:
- Work name
- Email address
- Payment details
- Business details
6.2 Data Protection
We implement reasonable security measures to protect your information and do not share client data with third parties unless required by law or necessary for service provision.
7. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Estonia. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Estonia.
8. Electronic Communications
Client consents to receive electronic communications and agrees that all agreements, notices, and other communications sent via email satisfy any legal requirement that such communications be in writing.
9. Modifications
The Designer reserves the right to modify these terms at any time without notice. Continued use of the Services following any modifications constitutes acceptance of the modified terms.
10. Contact Information
For any questions regarding these terms, please contact: info@gabrielghali.com