Terms of Service
This agreement is between you (the “User” or “you”) and Typogram
(“Typogram”, or “we”). We provide Users with access to our platform that
enables Users to create and manage the End Products (as defined below).
These services may be provided through personalized or generalized
designs, interaction services, or content (collectively, the “Services”)
through https://typogram.co or any of Typogram’s
associated Online Platform (the “Site”) or directly from Typogram and its representatives.
By inputting any details, initiating a design process, or using any other content
within our Site, you confirm your obligation to comply with our Terms of Service,
Privacy Policy, and any other guidelines posted on the Site. If you do not
agree with all of the provisions of this Agreement, you cannot use the Services.
Please feel free to contact us with any questions regarding the content of
this agreement.
Our Logos and Other Designs
- Platform Purpose — Typogram provides an online platform
that assists in creating and managing various design assets. Users can use
Typogram’s service to create and customize their own logo and other branded
items products, such as “branding packages”, “logos”, “brand guidelines”,
“letterheads”, and “business cards” (collectively, the “End Products” or
“ByProducts”).
- Paid Designs — To download and/or use your End Products
outside of the Site, whether for commercial or personal use, you must pay
the Fee stated on the SitYou may not use any of Typogram’s End Products outside
of the Site, whether for commercial or personal use, without paying all applicable
and respective Fees in advance. This includes both digital and physical use
of the End Products.
- Unpaid Designs — Throughout the design process, Typogram
may show the User different designs and/or design concepts. However, the
User has no right or license to use or copy any of the designs other than
the final one once it is paid for. This final design will be shown and available
for download in the User’s Account. Throughout the process, Typogram will
also make use of certain symbols, colors, fonts, and other design elements
(collectively known as “Design Resources”) that may or may not be used to
design the user’s End Product. You may not use any of these Design Resources
individually.
- Third Party Design Resources — You may use purchased End
Products outside of the Site, whether for commercial or personal purposes.
Prior to creating and using any End Product, Typogram highly recommends you
to perform due diligence to determine that the use of the Design Resources
is free of any adverse claims and is not subject to any third party rights.
Typogram may also use symbols provided by third-party content providers.
All use of these symbols is AT YOUR OWN RISK. You shall abide by all copyright
notices, trademark rules, and shall not use, copy, reproduce, modify, translate,
publish, broadcast, transmit, distribute, perform, upload, display, license,
sub-license, rent, lend, assign, gift, sell, or otherwise transfer or distribute
for any purposes whatsoever any portion of the Design Resources not owned
by you: (i) without the express prior written consent of the respective owners
or (ii) in any way that violates any third party right. You acknowledge that
some fonts and symbols used during the Design Process might have been licensed
from a third party provider. Under no circumstances will Typogram be liable
in any way for any Design Resources, including, but not limited to, for any
loss or damage of any kind incurred as a result of the use of any Materials
or any part thereoYou agree that you must evaluate, and bear all risks associated
with, the use of any Design Resources, including, without limitation, the
existence of any third party rights that may exist in such resources.
- Information — Throughout the use of the Site by the
User, Typogram may request the User to input information or answer
questions to create the End Products (the “Design Process”). Typogram
may use this information as detailed in Typogram’s privacy policy
available at
https://typogram.co/legal/privacy.
- Use of Typogram Branding and Design — All of Typogram designs
that appear throughout the Design Process, as well as trademarks and service
marks, logos, slogans, and taglines, are the property of Typogram. Except
as otherwise specifically provided herein, nothing should be construed as
granting any license or right to use any trademarks, service marks, logos,
slogans, or taglines displayed on the Site which are the property of Typogram
(the “Materials”). Any use of the Materials for any purpose other than as
specifically permitted herein or without our prior consent or the prior written
consent of our licensors, as applicable, is expressly prohibiteWe reserve
all rights not expressly granted in this Agreement.
- Make Logo changes and redownload — Any paid logo will be
entitled to a 72-hour grace period where any errors on logo creation may
be made on the Site and the paid logo may be regenerated and redownload under
the purchased terms. After the grace period, each logo is entitled to free
revisions with the purchase of a Premium or Enterprise package (as long as
it applies to the same company name), which can be activated by contacting
Typogram’s customer support team. Paid logos may be downloaded at any time
from the Site; however, Typogram does not keep copies of any revisions, and
the logo may only be downloaded as it appears on the Site.
Accessing your Typogram account
- Account Access — During the Design Process, we will provide
you with access credentials to a personal account on the Site (the “Account”),
thereby allowing you access to the designs using one computer at a time through
the Site.
- Account Information — You agree to fully and accurately
provide the information requested by us when setting up your Account and
to regularly update such information. Your failure to do so may result in
the cancellation of your Account and loss of previously purchased End Products
and/or future Services. You further agree (a) not to provide User IDs to
anyone who is not your employee, and (b) to ensure that all individuals permitted
to use the User IDs are aware of and have agreed in writing to comply with
the terms of this Agreement.
- Product Information — Throughout the Design Process, you
will be providing information to create your End Product, and you are legally
responsible for all information that is used to create your End Product.
Typogram is not responsible for the content you provide, neither as to the
End Product nor as to the Account. You are solely responsible for the accuracy
and appropriateness of all data and content of your End Products, logos,
and brands; including name, taglines, and details. Typogram will not be held
responsible for inaccurate information or any potential damages caused by
such inaccuracies. You further understand that Typogram may not maintain
copies of files featuring these designs and may decline at any stage a request
to change information.
- Hosting — You hereby grant Typogram a worldwide, royalty-free,
non-exclusive license to host the designs created and warrant that you have
all the rights necessary to grant us such licensYou are responsible for any
content and/or End Products that may be lost or unrecoverable through your
use of the Services. You are encouraged to back up your End Products regularly
and frequently.
Payments
- Payment — You agree to pay all fees and charges specified
when you ordered your End Product and any part of the ServicAll fees are
exclusive of applicable taxes (e.sales, use, or value-added tax), unless
otherwise stated, and you are solely responsible for the payment of any such
taxes that may be imposed on your use of the Service.
- Refunds — Refunds will be provided in accordance with our
refund policy in effect at the time of the purchasWe reserve the right to
change this refund policy at any time without noticWe also reserve the right
to limit or deny refunds for reasons such as misuse of our Services, violation
of these Terms, or fraud.
- Payment Information — You will be asked to provide a payment
method (such as a credit card number) in accordance with the information
on the relevant Service order page. We may bill: (i) in advance; (ii) at
the time of purchase; (iii) shortly after purchase; or (iv) on a recurring
basis for subscription Services. You agree to pay for all products and services
that you purchase through the Service, and you agree that we may charge your
selected payment method for any such payments. Typogram uses third-party
services for the purpose of payment processing and is not connected to any
of the information provided for the purpose of payment processing.
Intellectual Property
- Typogram’s Intellectual Property — All of the content available
on or through the Service, including without limitation, designs, text, graphics,
images, video, information, software, audio, and other files, and their selection
and arrangement (the “Site Content”), are the proprietary property of Typogram
or its licensors. No Site Content may be modified, copied, distributed, framed,
reproduced, republished, downloaded, scraped, displayed, posted, transmitted,
or sold in any form or by any means, in whole or in part, other than as expressly
permitted in this Agreement. You may not use any data mining, robots, scraping,
or similar data gathering or extraction methods to obtain Site Content. As
between you and Typogram, all data, information, and other content provided
by Typogram or its third-party licensors, including all Site Content, will
remain the sole property of Typogram and its third-party licensors, as applicable,
and you shall not acquire any rights or licenses therein except as expressly
provided for in this Agreement.
- Your Intellectual Property — As between you and Typogram,
you represent and warrant that you own or have a valid license to all content
or data you provide to Typogram for use in connection with the Services (the
“User Content”). You retain all rights and ownership in your User Content.
Typogram does not claim any ownership rights in your User Content.
- License to Your User Content — You hereby grant Typogram
a worldwide, royalty-free, non-exclusive license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform,
and display your User Content (in whole or part) and/or to incorporate it
in other works in any form, media, or technology now known or later developed,
solely for the purpose of operating, providing, and improving the Services.
You represent and warrant that you have all the rights, power, and authority
necessary to grant the foregoing license, and that all your User Content
(i) does not infringe, violate, misappropriate, or otherwise conflict with
the rights of any third party, and (ii) complies with all applicable laws
and regulations (foreign and domestic). Typogram reserves the right to remove
any User Content from the Site at any time, for any reason (including, but
not limited to, upon receipt of claims or allegations from third parties
or authorities relating to such User Content or if Typogram is concerned
that you may have breached the immediately preceding sentence), or for no
reason at all.
Limitation of Liability
- No Warranty — Typogram provides the Service “as is”, “with
all faults” and “as available”. Typogram makes no express warranties or guarantees
about the ServicTo the extent permitted by law, Typogram disclaims implied
warranties that the Service is merchantable, of satisfactory quality, accurate,
fit for a particular purpose or need, or non-infringinTypogram does not guarantee
that the results that may be obtained from the use of the Service will be
effective, reliable, or accurate or will meet your requirements. Typogram
does not guarantee that you will be able to access or use the Service (either
directly or through third-party networks) at times or locations of your choosing.
No oral or written information or advice given by a Typogram representative
shall create a warranty. You may have additional consumer rights under your
local laws that this contract cannot change.
- Limitation of Liability — Your sole and exclusive remedy
for any dispute with Typogram is to discontinue your use of the ServicTypogram
shall not be liable for any indirect, special, incidental, consequential,
or exemplary damages arising from your use of the Service or for any other
claim related in any way to your use of the ServicThese exclusions for indirect,
special, incidental, consequential, or exemplary damages include, without
limitation, damages for lost profits, lost data, loss of goodwill, work stoppage,
computer failure or malfunction, or any other commercial damages or losses,
even if Typogram had been advised of the possibility thereof and regardless
of the legal or equitable theory upon which the claim is baseBecause some
states or jurisdictions do not allow the exclusion or the limitation of liability
for consequential or incidental damages, in such states or jurisdictions,
Typogram’s liability shall be limited to the extent permitted by law.
Termination
- Termination by Typogram — Typogram may at any time
terminate our agreement with you if:
- You have breached any provision of this Agreement (or have acted in
a manner that clearly shows you do not intend to, or are unable to,
comply with this Agreement);
- Typogram is required to do so by law (for example, where the
provision of the Service to you is, or becomes, unlawful);
- The provision of the Service to you by Typogram is, in Typogram’s
opinion, no longer commercially viable;
- Typogram has elected to discontinue the Service (or any part
thereof); or
- There has been an extended period of inactivity in your Account.
- Termination by You — You may terminate this Agreement at
any time by closing your Account and discontinuing your use of any and all
parts of the ServicIf you close your Account, we may continue to display
your previously published content and are under no obligation to remove any
of your content.
- Effect of Termination — Upon termination of this
Agreement by either party:
- Typogram will cease providing the Service to you;
- Any licenses and rights to use the Service shall immediately
terminate;
- You will return and make no further use of any software,
documentation, or other items belonging to Typogram;
- Typogram may permanently delete your User Content and other
information related to your Account.
General Provisions
- Entire Agreement — This Agreement constitutes the entire
agreement between you and Typogram and governs your use of the Service, superseding
any prior agreements between you and Typogram. You may also be subject to
additional terms and conditions that may apply when you use affiliate services,
third-party content, or third-party software.
- Waiver and Severability of Terms — The failure of Typogram
to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties’ intentions as reflected in the provision, and the other provisions
of this Agreement remain in full force and effect.
- Statute of Limitations — You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or this Agreement must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
Contact Information:
If you have any questions about this Agreement, please contact us at:
[email protected]