Terms and Conditions

By signing up as a client of Design Shifu or using the www.designshifu.com website, you agree to be legally bound by these conditions. Please read these terms and conditions carefully. Conditions of Use between Design Shifu and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

You acknowledge and agree that it is your responsibility to review this user agreement periodically to familiarize yourself with any modifications. Your continued use of this website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

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.

Acceptance of Terms

The following Terms of Service Agreement is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Design Shifu LLC, located at 3 Beeson CT, Little Rock, AR 72223 and our subsidiaries and affiliates, in association with the use of the website, which includes designshifu.com, (the “Site”) and its Services, which shall be defined below.

Use License

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions)

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 Design Shifus’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.

Disclaimer

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. The materials on Design Shifu’s website are provided “as is”. Design Shifu 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.

Limitations

In no event shall Design Shifu 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 Design Shifu’s internet site, even if Design Shifu or a Design Shifu 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.

User Representation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
By using the Site, you represent and warrant that all registration information you submit will be true, accurate, current, and complete and you will maintain accuracy of such information and promptly update such registration information as necessary.

You also confirm that:

  1. You have the legal capacity and you agree to comply with these Terms of Use.
  2. You are not a minor in the jurisdiction in which you reside.
  3. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
  4. You will not use the Site for any illegal or unauthorized purposes.
  5. Your use of the Site will not violate any applicable laws or regulations.

Security

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of this agreement. It shall be your responsibility to notify Design Shifu immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Design Shifu shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the agreement.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Governing law

Any claim relating to Design Shifu’s website shall be governed by the laws of the State of Arkansas without regard to its conflict of law provisions

Fees and Refunds

You agree to pay the monthly fees specified during registration in full each month prior to any services being rendered by Design Shifu under this Agreement. You further agree to authorize Design Shifu to automatically charge your method for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Your account and access to services and files may be suspended in the event of non-payment of applicable fees. You represent and warrant to Design Shifu that such billing information is accurate, up to date, and that you’re authorized to make the payment.

You may cancel your subscription with Design Shifu at any time. Upon cancellation, you will continue to have access to the Design Shifu services through the end of your paid billing term. Design Shifu may change its fees from time to time by posting the changes on the Site with 7 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.

Custom Illustrations and Logos are not included in Design Shifu’s $29 Single Request Plan & $99 Monthly Limited Plan. For more details regarding our plans, visit our pricing page

You can request a full refund on signing up for the first time for either our Monthly Limited Plan or Monthly Unlimited Plan if:

  • You did not use the service.
  • You did not like the artwork we created.

After 14th day of signing up, 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.

To qualify for the full refund, you must create at least 1 project and you must give us at least two pieces of feedback for our designers to get it right.

Eligibility for refund is voided if the first project is approved.

Eligibility for refund is voided once you request for the source/open files for even one of your requests/projects.

Eligibility for refund is not valid for $29 Pay Per Request plan.

Eligibility for refund is not applicable on renewals / existing customers.

Ownership & Trademarks of Work

All design and original source files created while you are enrolled with us are yours to keep and own. You must provide our designers with sufficient content and instructions to complete the work. If you provide Design Shifu with materials or assets, you agree that these materials are approved to be used in your designs and are not owned or trademarked by any other parties.

You agree to indemnify, defend, and hold harmless Design Shifu 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.

You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. By posting Your Content through our Dashboard or submitting them via Email, you grant Design Shifu a license to use it. Design Shifu will never claim ownership of your content, however, we reserve the right to use published or unpublished work on our website and in advertising materials. You will still own exclusive rights to your content and any licenses you own remain yours. You simply grant us permission to use. By posting Your Content, you grant Design Shifu a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Design Shifu. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, contact us via email. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

Releasing Work

While we do our best to minimize any mistakes, due to the nature of creative design we cannot 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.

Design Shifu is not liable for any loss of business or loss of revenue incurred from errors in our design files. Please make sure you check the design before ordering a print or finalizing for marketing.

Delivery Expectation

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.

You may submit as many design requests as you want and all requests will be stored on our management software. Our team will work on one design at a time for you including revisions. In order for us to move onto the next project, your current project must be fully completed and approved before we can move onto the next project.

Work Samples

We reserve the right to publish your work in our portfolio, social media or other communication efforts. If there are items that you wish to remain private or confidential please let us know when you request the task.

Confidentiality

All communication between you and any Design Shifu representative are held confidential. We will not disclose your private information or project information with unauthorized users.

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