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 of Use between Kwala 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 Kwala.co (“Kwala”) from its offices within the United States. Kwala 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. 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 Kwala. Except as expressly permitted by Kwala, 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 Kwala 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 Kwala’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 Kwala at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format. Kwala 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 Kwala’s proprietary rights in them
3. Disclaimer
THE MATERIALS ON KWALA’S WEBSITE ARE PROVIDED “AS IS”. KWALA 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, KWALA 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 KWALA 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 KWALA’S INTERNET SITE, EVEN IF KWALA OR A KWALA 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 KWALA UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.
5. Revisions and data errors
The materials appearing on Kwala’s web site could include technical, typographical, or photographic errors. Kwala does not warrant that any of the materials on its web site are accurate, complete, or current. Kwala may make changes to the materials contained on its web site at any time without notice. Kwala does not, however, make any commitment to update the materials.
6. Links
Kwala 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 Kwala of the site. Use of any such linked website is at the user’s own risk.
7. Site terms of use modifications
Kwala 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 or Use.
8. Governing law
Any claim relating to Kwala’s web site shall be governed by the laws of the State of California 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 Kwala or its affiliates for any purpose whatsoever, including developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personally identifiable information provided to Kwala will be handled in accordance with Kwala’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 and refunds
You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Kwala to perform under this Agreement. You further agree that, upon registering for the services through the Site, you authorize Kwala 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. monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Kwala 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 Kwala 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.
You may cancel your subscription with Kwala at any time. Upon cancellation, you will continue to have access to the Kwala services through the end of the then current month. Kwala may change its fees from time to time by posting the changes on the Site with 5 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.
You may request a refund within the first 30 days of a purchase of any subscription plan under the following conditions:
- You did not use the service
- You qualify for our Satisfaction Guarantee
To qualify for our Satisfaction Guarantee you must:
- Attempt at least 2 unique design task requests that are within our scope of work
- Provide us with clear direction and feedback during the design process, with at least 2 attempts each to correct the designs to your satisfaction
Beyond the 30 day window there are no refunds for partial subscription plans under any circumstance, including cancellations and unused time on a plan. Upon cancellation you will have access to our service for the length of your current billing cycle.
10.5 Annual Subscription Plan
If you join our annual subscription plan, the same terms and conditions apply for refund requests as outlined in clause 10. Kwala may decide at the sole discretion we will grant a refund for any unused period of time if you qualify for the satisfaction guarantee or no longer need the service. We will calculate from the date of the next calendar month where your monthly subscription would be billed and issue any outstanding refunds, minus the amount which the yearly plan is discounted by at the time of purchase.
For Example
If Kwala monthly price was $329 at the time of purchase and you purchased on January 20th a yearly plan for the price of $3290 which would include 2 months free. You then decide and are granted a refund for the outstanding amount on July 12th. we would calculate 6 months used (6x $329=$1974) and 2 months discounted (2x$329=$658), then deduct the two totals from the yearly purchase price as shown in this example $3290, therefore your refund would equal $3290-$1974-$658 equates to $658.
If Kwala is not fulfilling the standard Service Level Agreement by failing to complete revisions in a reasonable timeframe, or the standard was consistently of a poor quality, and after allowing your designer and Kwala a reasonable time to correct as outlined in the satisfaction guarantee and Service Agreement you would be entitled to request a refund for any unused subscription fees, without penalty. A reasonable time to correct any major issues with the service would be no more than 28 days.
Whilst we would aim to keep your dedicated designer and account manager the same throughout your subscription, there may be times due to operational reasons this may not happen, such as if the individual left Kwala, therefore the persons you are working with may either at your request or Kwala’s discretion change. If Kwala terminated your membership at any reason you would be entitled to a refund for any unused subscription, without penalty
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 Kwala that all materials provided do not infringe on the intellectual property rights of third parties.
You agree to indemnify, defend, and hold harmless Kwala 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 Kwala
Kwala is designed for the reasonable use of an average non-creative based small business or individual. We are not meant to replace a full-time graphic designer.
If we find that you are not in alignment with our model, 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 without prior notice given.
Your right to use the Kwala 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. Kwala is not responsible or liable for any losses or expenses incurred from errors or omissions.
14. Sample work
By default, you agree to provide Kwala with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. If you would like to revoke this right, please notify our team in writing to hello@kwala.co.
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.
16. Work and delivery output
While we can accept unlimited task 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. 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:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- 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;
- 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
- 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.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Thanks for reading!
