Terms of Service.
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This Agreement outlines the terms for using Ivora Labs’ website and related digital platforms. It's a legal contract between Ivora Labs LLC and the user (“Client”), whether individual or entity.
Users must adhere to all terms and conditions. Non-compliance will result in the termination of the Client’s right to use the website and any related services.
If the Client stops using the website due to non-compliance, their existing financial obligations to Ivora Labs for any services already rendered will still be enforceable.
Compliance Requirement
This clause mandates full adherence to the Terms for using Ivora Labs’ website. If a user does not agree with these Terms, they must not use the website. Should users fail to comply, they must cease using the website immediately. Importantly, even if access to the website is terminated, any existing financial obligations to Ivora Labs remain in force.
1. Copyright and Trademark Ownership
Ivora Labs’ Property: The website, including all content such as source code, databases, designs, audio, video, text, images, and graphics, along with all trademarks and logos, are owned by Ivora Labs LLC. They are protected by relevant intellectual property laws and conventions.
Restricted Use: The content and marks on the website are provided for personal and informational use only. Any copying, reproduction, or commercial use of the website's content requires Ivora Labs’ explicit prior written consent.
Rights Reserved: Ivora Labs retains all rights to the website and its content, including any legal protections under intellectual property laws.
2. Client Rights to Project Materials
Client Ownership: Despite Ivora Labs’ ownership of submissions, all designs and original source files created for the client (referred to as “Projects”) are the client’s property. The client holds all copyright to these projects.
Transfer of Ownership: If any legal situation arises where Ivora Labs becomes the owner of a Project, Ivora Labs will transfer all rights back to the client without restrictions.
Client’s Warranties: The client guarantees that all materials they provide for their projects are their property and do not violate any third-party intellectual property or publicity rights.
Ivora Labs’ Rights to Share Work: Ivora Labs retains the right to share the client’s design work publicly, such as on social media or its website, unless otherwise specified in Section 18.
3. Font Licensing
Client’s License Responsibility: If a Project uses fonts not owned by Ivora Labs (“Third-Party Fonts”) that need a commercial license, Ivora Labs will notify the client. The client must then obtain the necessary licenses for these fonts to legally use, reproduce, or display the Project.
Notification Details: Ivora Labs’ notice will specify the required licenses and contact information for purchasing them.
Client Liability: Once notified, the client is responsible for any legal consequences if they fail to acquire the appropriate licenses for Third-Party Fonts used in their Project.
4. User Compliance and Conduct
Users of the website must ensure they have the legal capacity to agree to these Terms and must use the website in accordance with all applicable laws and regulations. This includes not using the website for any illegal or unauthorized purposes and not accessing it through automated means.
5. Restrictions on Site Use
Purpose-Specific Use: The client must use the Website only for its intended purposes. Commercial use is limited to activities related to services provided by Ivora Labs for the client.
Prohibited Actions: Clients agree not to: Use the Website unauthorizedly. Collect data or content from the Website for database creation. Tamper with the Website's security features. Engage in unauthorized framing, linking, or competing with Ivora Labs. Mislead, defraud, or harm Ivora Labs or its users. Overburden Ivora Labs’ network or servers. Attempt to reverse engineer any part of the Website. Circumvent access restrictions. Harass or intimidate Ivora Labs’ staff. Remove copyright notices or copy website software. Transmit harmful or disruptive materials, including viruses. Use the Website against applicable laws and regulations.
6. Client Contributions
Feedback or submissions provided by clients to Ivora Labs become the property of Ivora Labs, with the company free to use them without obligation to the client. The only exception is where rights are already assigned to the client under the project ownership clause. This section also waives the client's right to any claim or compensation for these contributions.
7. Site Management and Oversight
Ivora Labs reserves the right to monitor website usage for any violations of these Terms and take appropriate legal or administrative action in response. This includes the ability to restrict access or disable a user’s ability to use the website at Ivora Labs’ discretion, without notice or liability.
8. Data Privacy
Adherence to Privacy Policy: By using the Website, clients agree to follow Ivora Labs’ Privacy Policy, which is incorporated into these Terms.
International Use: The Website is based in the USA. Clients accessing it from other regions, like the EU or Asia, acknowledge that different data protection laws may apply. Using the Website and transferring data to the USA implies consent to this data processing under U.S. law.
Age Restriction Compliance: Ivora Labs does not intentionally collect data from those under 18. In line with U.S. law, any data from individuals under 13 obtained without parental consent will be deleted promptly.
9. Refund Policy
Ivora Labs reserves the right to deny refunds based on its own sole discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. Should the Client request a refund during the first month of use, all materials produced by Ivora Labs remain the property of the company and are prohibited from being used by the Client in any way.
If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.
Ivora Labs reserves the right to take appropriate legal actions against the Client for breach of this paragraph.
10. Site Modifications
Ivora Labs retains the right to modify, change, or discontinue any part of its website at any time. This could include updates to content, structure, or functionality, and is done at Ivora Labs’ sole discretion without obligation to notify users or assume liability for any impact this may have on users.
11. Service Interruptions
Ivora Labs does not guarantee or warrant that the Website will be available and accessible at all times. Factors such as hardware and software issues, as well as other external factors, may cause service interruptions. Ivora Labs disclaims liability for any user inconvenience or loss due to these interruptions.
12. Legal Jurisdiction
Any legal disputes related to these Terms will be settled in the state courts of Wyoming, USA. This includes waiving defenses against personal jurisdiction and venue, and excludes certain international sales laws from applying to these Terms. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
13. Website Disclaimer
Ivora Labs provides its website and services on an “as-is” and “as-available” basis. The client acknowledges that their use of the website and services is entirely at their own risk. Ivora Labs disclaims all implied warranties, including merchantability and fitness for a particular purpose. The website's content may not be accurate or complete. Ivora Labs is not liable for errors, personal injury, data loss, or interruptions caused by using the website. It also does not bear responsibility for any harmful elements like viruses transmitted through the website. Ivora Labs does not endorse or assume responsibility for third-party products or services linked to or advertised on its website.
14. Billing
This section addresses the billing policies related to Ivora Labs’ subscription services. It includes details on subscription renewal, cancellation policies, pricing changes, and responsibilities for payment, particularly in cases involving client-added users.
Subscription Offerings: Ivora Labs provides various subscription options, which are detailed on the website or through direct communication with clients. These options are designed to cater to different needs and preferences.
Automatic Renewal: Subscriptions are set to renew automatically on a monthly basis, corresponding to the original date of purchase. This ensures uninterrupted access to Ivora Labs’ services but can be managed by the user.
Cancellation Policy: Users have the freedom to cancel their subscription at any point. Cancellation instructions are provided on the website or can be obtained through customer service. Cancellation becomes effective at the end of the current billing cycle.
Pricing Changes: Ivora Labs reserves the right to modify subscription prices. Any changes in pricing will be communicated to existing subscribers in advance and will take effect only upon the renewal of the subscription.
15. Limitations of Liability and Indemnification
Ivora Labs, including its staff and contractors, is not liable for any damages or losses, such as lost profits, data, or legal costs, resulting from the use of its website. The client agrees to protect Ivora Labs against any claims or damages arising from their use of the website, breach of these terms, misrepresentation, or infringement of third-party rights. This includes covering legal costs. Ivora Labs retains the right to take over the defense of claims the client is obligated to indemnify, at the client's expense. The client is required to cooperate in such defenses.
16. User Data Responsibility
The client is solely responsible for all data they transmit or activities they conduct using the Ivora Labs website. Ivora Labs is not liable for any data loss or corruption. The client waives the right to take action against Ivora Labs for such occurrences.
17. Electronic Agreement and Communication
The client agrees to receive all communications from Ivora Labs electronically, such as through email or the website, and acknowledges that this meets any legal requirements for written communication. The client consents to using electronic signatures, contracts, and records for transactions with Ivora Labs, including notices and policy documents. The client waives any legal rights or requirements for non-electronic signatures, records, or transaction methods.
18. Showcasing Work
Ivora Labs may showcase work on digital platforms, including social media and its website, unless a different agreement is made. The client has the option to issue a Non-Disclosure Agreement (NDA) with Ivora Labs. If an NDA is in place, Ivora Labs cannot publicly share or discuss the client’s work.
19. Miscellaneous
The Terms of Service, along with any policies on the website, represent the full agreement between the client and Ivora Labs. Ivora Labs’ failure to enforce any part of these Terms does not waive its right to do so in the future. If any part of these Terms is found to be invalid or unenforceable, it will be removed without affecting the remainder of the Terms. These Terms do not create any joint venture, partnership, employment, or agency relationship between the client and Ivora Labs.
20. Contact Information
For any questions or complaints regarding the Website, please contact Ivora Labs LLC at: admin@ivoralabs.com