Terms and

Terms and

Terms and

Terms and

Conditions

Conditions

Conditions

Conditions

Last updated:

January 08, 2024

01.

01.

Introduction

Introduction

These "Terms of Use Agreement" (referred to as the "Agreement") constitute a legally binding agreement by and between DESIGNSIZE STUDIO INC., a duly incorporated company organized under the laws of Canada in the province of Quebec, hereinafter referred to as "DesignSize" and the individual client or entity, hereinafter referred to as the "Client" or "You".

These "Terms of Use Agreement" (referred to as the "Agreement") constitute a legally binding agreement by and between DESIGNSIZE STUDIO INC., a duly incorporated company organized under the laws of Canada in the province of Quebec, hereinafter referred to as "DesignSize" and the individual client or entity, hereinafter referred to as the "Client" or "You".

These "Terms of Use Agreement" (referred to as the "Agreement") constitute a legally binding agreement by and between DESIGNSIZE STUDIO INC., a duly incorporated company organized under the laws of Canada in the province of Quebec, hereinafter referred to as "Designsize", "Us", "We" and the individual client or entity, hereinafter referred to as the "Client" or "You".

This Agreement governs to the utilization of our services and the access to Designsize's website: https://www.designsize.com (referred to as the "Website") and any other associated media forms, channels, mobile websites, or mobile applications. If the Client does not consent to and adhere to all terms, conditions, and obligations described herein, Client is directed to immediately cease use of the Website and our Services. The relationship between the Client and Designsize will then terminate and have no further meaning, except for any outstanding payment obligations that the Client owes to Designsize for services previously provided, which will remain in effect.

This Agreement governs to the utilization of our services and the access to Designsize's website: https://www.designsize.com (referred to as the "Website") and any other associated media forms, channels, mobile websites, or mobile applications. If the Client does not consent to and adhere to all terms, conditions, and obligations described herein, Client is directed to immediately cease use of the Website and our Services. The relationship between the Client and Designsize will then terminate and have no further meaning, except for any outstanding payment obligations that the Client owes to Designsize for services previously provided, which will remain in effect.

02.

02.

Services Covered

Services Covered

Our all-in-one creative solution includes multiple services within two unlimited plans so that you can centralize and maximize your design needs. Available services include Branding and Identity, Digital Design, and Graphic Design.

We can help you create:

Our all-in-one creative solution includes multiple services within two unlimited plans so that you can centralize and maximize your design needs. Available services include Branding and Identity, Digital Design, and Graphic Design.

We can help you create:

Branding and Identity

Branding and Identity

Art direction

Moodboards

Logo design

Establish your brand identity.

Color scheme

Brand guidelines

Brand guides and rules

Digital Design

Digital Design

Web design

User interface (UI) Design

Wireframes (UX) Design

Custom web design for E-commerce, SAAS, Dashboard

Experiential websites

Design systems

Responsive design

Mobile apps

Landing page design

Newsletters

Email signatures

Graphic Design

Graphic Design

Custom icons and graphics

Social media graphics

Flyer design

Merchandise & packaging design

Infographics

Ads

Podcast graphics

Business Cards

Business collaterals

Stationery

Custom slide decks

Brochures

Billboards

03.

03.

Services NOT Covered

Services NOT Covered

DesignSize’s unlimited designs services are ultra-powerful, but some creative projects need to be handled by specialists or in-house teams. In the interest of productivity and commitment to quality, we do NOT support the following types of requests:

DesignSize’s unlimited designs services are ultra-powerful, but some creative projects need to be handled by specialists or in-house teams. In the interest of productivity and commitment to quality, we do NOT support the following types of requests:

Creative strategies

User research or interviews

Copywriting and SEO

Front-end, back-end, coding, or development

No-code integration (ex. Webflow or Framer)

Email marketing integration (ex. Mailchimp)

Interactive PDF

Complex and fine art illustrations

Complex photo manipulation or photos correction

Complex packaging with uncommon folds and cuts

Layout of large documents like books or magazines

Digital painting

Game assets

Video editing

Motion design

3D/CAD projects

File formats outside of our supported file types (ex. Sketch, XD, inDesign)

04.

04.

Payment Terms

Below, we outline our payment terms, pricing plans, accepted payment methods, to ensure a transparent and seamless collaboration. Prices may be subject to occasional updates. If you’re a Client-Added User, the Administrator will be billed for and assumes responsibility for any subscription fees associated with your Client Account.

Below, we outline our payment terms, pricing plans, accepted payment methods, to ensure a transparent and seamless collaboration. Prices may be subject to occasional updates. If you’re a Client-Added User, the Administrator will be billed for and assumes responsibility for any subscription fees associated with your Client Account.

4.1. Unlimited Design Plans

We offer two pricing plans to accommodate your specific needs. DesignSize’s range of subscriptions will auto-renew monthly on the date of purchase, but you have the flexibility to cancel or pause at any time.

We offer two pricing plans to accommodate your specific needs. DesignSize’s range of subscriptions will auto-renew monthly on the date of purchase, but you have the flexibility to cancel or pause at any time.

Large Size Plan:

See Stripe page checkout

Pricing: USD $5,999 per month

Services Included: Unlimited designs, unlimited brands, unlimited users, average 48-72 hour delivery, easy payments, pause or cancel anytime.

Super Size Plan:

See Stripe page checkout

Pricing: USD $5,499 per month ($16,497 every 3 months)

Services Included: Unlimited designs, unlimited brands, unlimited users, average 48-72 hour delivery, easy payments, pause or cancel anytime.

4.2. On-Demand Design

We offer 3 options for a bundle of hours to be used within 90 days of payment.

We offer 3 options for a bundle of hours to be used within 90 days of payment.

Pay-as-you-go — 20 hours

See Stripe page checkout

20 hours of design support

$100/hr • $2,000 • one-time fee

$100/hr • USD $2,000 • one-time fee

$100/hr • $2,000 • one-time fee

Pay-as-you-go — 30 hours

See Stripe page checkout

30 hours of design support

$95/hr • $2,850 • one-time fee

$95/hr • USD $2,850 • one-time fee

$95/hr • $2,850 • one-time fee

Pay-as-you-go — 40 hours

See Stripe page checkout

40 hours of design support

$90/hr • $3,600 • one-time fee

$90/hr • USD $3,600 • one-time fee

$90/hr • $3,600 • one-time fee

4.3. Payment Methods:

We accept payments exclusively through Stripe for your convenience and security. Stripe enables secure online payments and offers multiple payment options, including major credit and debit cards.

We accept payments exclusively through Stripe for your convenience and security. Stripe enables secure online payments and offers multiple payment options, including major credit and debit cards.

05.

05.

Termination and Refunds

We strive to provide exceptional design services. However, we understand that circumstances may change. Here is our refund policy:

We strive to provide exceptional design services. However, we understand that circumstances may change. Here is our refund policy:

5.1. Termination by Client

5.1. Termination by Client

The client reserves the right to terminate the collaboration at any time. Upon termination by the client, the following conditions apply:

The client reserves the right to terminate the collaboration at any time. Upon termination by the client, the following conditions apply:

For new clients, If termination occurs within the first 7 days of the first payment, new clients are entitled to a full refund of any deposit or payments made to Designsize.

If termination occurs after the 7th day of first payment but before the end of the initial month of use, a partial refund may be considered. The amount refunded will be assessed on a case-by-case basis, depending on the extent of completed work.

If the termination occurs 7 days before the end of completion of the current month , no refunds will be issued.

5.2. Refunds Conditions

5.2. Refunds Conditions

If a refund is deemed to be warranted, a 25% fee will be applied to the remaining billable period.

Any refunds issued will be processed within 10 business days from the date of termination.

Refunds will be issued to the original payment method used by the client.

5.3. Termination by DesignSize

5.3. Termination by DesignSize

DesignSize may terminate the contract if the client fails to comply to the terms and conditions outlined in this Agreement or engages in any unethical or unlawful behavior. In such cases, DesignSize reserves the right to terminate the collaboration immediately without further obligations towards the client.

DesignSize will not issue any refunds if the termination results from Client’s failure to comply with the Agreement.

DesignSize may terminate the contract if the client fails to comply to the terms and conditions outlined in this Agreement or engages in any unethical or unlawful behavior. In such cases, DesignSize reserves the right to terminate the collaboration immediately without further obligations towards the client.

DesignSize will not issue any refunds if the termination results from Client’s failure to comply with the Agreement.

5.4. Termination Due to Force Majeure

5.4. Termination Due to Force Majeure

Either party may terminate the contract in the event of force majeure, including but not limited to natural disasters, acts of terrorism, or other unforeseen circumstances that make project completion impossible or significantly impede progress. In such cases, DesignSize will issue a partial refund based on the work completed and costs incurred up to the termination date.

Either party may terminate the contract in the event of force majeure, including but not limited to natural disasters, acts of terrorism, or other unforeseen circumstances that make project completion impossible or significantly impede progress. In such cases, DesignSize will issue a partial refund based on the work completed and costs incurred up to the termination date.

5.5. Termination Due to Client Inactivity

5.5. Termination Due to Client Inactivity

If the client becomes inactive or unresponsive for an extended period, exceeding 30 days without communication, DesignSize reserves the right to terminate the contract with written notice. DesignSize will assess the extent of completed work and issue a partial refund based on the work completed and costs incurred.

If the client becomes inactive or unresponsive for an extended period, exceeding 30 days without communication, DesignSize reserves the right to terminate the contract with written notice. DesignSize will assess the extent of completed work and issue a partial refund based on the work completed and costs incurred.

5.6. Outstanding Payments

5.6. Outstanding Payments

In the event of termination, the client remains responsible for any outstanding payments related to services already rendered by DesignSize up to the termination date. DesignSize retains the right to pursue necessary legal actions against the Client for any breach of this provision.

In the event of termination, the client remains responsible for any outstanding payments related to services already rendered by DesignSize up to the termination date. DesignSize retains the right to pursue necessary legal actions against the Client for any breach of this provision.

DesignSize retains the right to deny refunds without prior notice or liability to the Client. Refund requests are individually evaluated. If the Client requests a refund within the initial month of use, all materials created by DesignSize remain the exclusive property of the DesignSize, and the Client is strictly prohibited from any form of usage thereof.


We are committed to delivering high-quality design services and maintaining open communication throughout the project. If you have any questions or concerns about our payment terms or refund policy, please feel free to contact us by email at: hello@designsize.com.

DesignSize retains the right to deny refunds without prior notice or liability to the Client. Refund requests are individually evaluated. If the Client requests a refund within the initial month of use, all materials created by DesignSize remain the exclusive property of the DesignSize, and the Client is strictly prohibited from any form of usage thereof.


We are committed to delivering high-quality design services and maintaining open communication throughout the project. If you have any questions or concerns about our payment terms or refund policy, please feel free to contact us by email at: hello@designsize.com.

06.

06.

Revisions and Changes

To ensure clarity and transparency in the revision and change process, please review the following policy for revisions and changes:

To ensure clarity and transparency in the revision and change process, please review the following policy for revisions and changes:

6.1. Revision Process

6.1. Revision Process

Upon project initiation, we will collaborate closely with you to understand your vision and requirements.

We will provide design concepts and project updates for your review and feedback.

You are entitled to a unlimited number of revisions.

It is the client's responsibility to thoroughly review and provide timely feedback on all project materials.

Delays in feedback may impact project timelines and delivery dates.

6.2. Revision Requests

6.2. Revision Requests

All revision requests should be provided through your Trello dashboard, clearly detailing the desired changes.

We will make our best effort to address your revision requests promptly, usually within 3 business days.

6.3. Included Revisions

6.3. Included Revisions

The number of included revisions is unlimited.

6.4. Significant Changes

6.4. Significant Changes

For significant modifications or additions beyond the initial scope of the current task, we may need to break the task into milestones and deliver them accordingly. Our pace depends on how quickly you submit your feedback and your approval. Significant changes include, but are not limited to, substantial design alterations, feature additions, or scope expansion.

6.5. Change Requests

6.5. Change Requests

If you require significant changes, you must submit a new task request.

Change requests should outline the specific modifications.

07.

07.

Intellectual Property

7.1. Transfer of rights and intellectual property of works

7.1. Transfer of rights and intellectual property of works

Upon receiving full payment, DesignSize transfers all rights of the works to the Client, with the sole exception of the DesignSize Tools, which will remain the exclusive property of DesignSize. Following this transfer, Designsize grants the Client a nonexclusive, worldwide license, free of royalties, to use, modify, display, and duplicate the project to the extent necessary for the full utilization of the "DesignSize Tools” integrated therein.

The term "DesignSize Tools" encompasses DesignSize's intellectual property, including the design system, methods, software, and trade secrets that either existed prior to the collaboration with the Client or which were developed by DesignSize outside the scope of the work. DesignSize Tools also includes any enhancements that do not relate exclusively to work for the client.

7.2. Intellectual property of the website

7.2. Intellectual property of the website

Unless explicitly stated otherwise, ownership of the Website remains the property of DesignSize. This includes all aspects of the Website, such as source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, regardless of their format, collectively or individually referred to as the "Content." Additionally, the trademarks, service marks, and logos (collectively referred to as the "Marks") found on the Website are owned and controlled by DesignSize. These assets are protected by copyright and trademark laws, as well as any other relevant intellectual property laws and regulations of Canada, foreign jurisdictions, and international conventions.

The Content and Marks are made available "As-Is" for your personal information and use only. Unless expressly permitted in this Agreement, no part of the Website or its Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without the express prior written consent of DesignSize. DesignSize retains all rights in the Website, Content, and Marks.

08.

08.

Third-Party Materials

If any Project uses fonts, stock images, stock videos and/or any other graphic assets that are not owned by DesignSize and require a commercial license for the Client to legally reproduce, distribute, or publicly display the Project (referred to as "Third-Party Materials"), DesignSize will notify the Client in writing. This notification will indicate that one or more "Third-Party Materials" have been integrated into the Project and that the Client must obtain one or more licenses from the rights-holder(s) of these “Third-Party Materials” to ensure legal reproduction, distribution, or public display of the Project.


This notice will include sufficient information for the Client to identify the required licenses and will provide details on how to contact the respective rights-holder(s) to acquire the license. Provided that Designsize has duly informed the Client about the inclusion of “Third-Party Materials” as outlined above, the Client assumes full responsibility for all consequences resulting from its failure to obtain the necessary licenses for any “Third-Party Materials” incorporated into a Project.

If any Project uses fonts, stock images, stock videos and/or any other graphic assets that are not owned by DesignSize and require a commercial license for the Client to legally reproduce, distribute, or publicly display the Project (referred to as "Third-Party Materials"), DesignSize will notify the Client in writing. This notification will indicate that one or more "Third-Party Materials" have been integrated into the Project and that the Client must obtain one or more licenses from the rights-holder(s) of these “Third-Party Materials” to ensure legal reproduction, distribution, or public display of the Project.


This notice will include sufficient information for the Client to identify the required licenses and will provide details on how to contact the respective rights-holder(s) to acquire the license. Provided that Designsize has duly informed the Client about the inclusion of “Third-Party Materials” as outlined above, the Client assumes full responsibility for all consequences resulting from its failure to obtain the necessary licenses for any “Third-Party Materials” incorporated into a Project.

09.

09.

Ownership

Notwithstanding DesignSize's ownership of Submissions, as defined in Paragraph 11 under "Client Feedback," it is important to note that all design files and original sources files created on behalf of the Client, referred to as "Projects," shall unequivocally belong to the Client. The Client exclusively owns the copyright in all Projects. In the unlikely event that any legal operation results in DesignSize assuming ownership, in part or in whole, of a Project instead of the Client, DesignSize hereby assigns its entire interest in said Project to the Client, without any limitations, in a manner that is irrevocable and perpetual.


The Client affirms that all materials provided to DesignSize during the design process, whether as examples or intended for incorporation into a project, are the rightful property of the Client. Furthermore, the Client warrants that such materials do not infringe upon or misappropriate any rights held by third parties, including, but not limited to, intellectual property rights and rights of publicity.

Notwithstanding DesignSize's ownership of Submissions, as defined in Paragraph 11 under "Client Feedback," it is important to note that all design files and original sources files created on behalf of the Client, referred to as "Projects," shall unequivocally belong to the Client. The Client exclusively owns the copyright in all Projects. In the unlikely event that any legal operation results in DesignSize assuming ownership, in part or in whole, of a Project instead of the Client, DesignSize hereby assigns its entire interest in said Project to the Client, without any limitations, in a manner that is irrevocable and perpetual.


The Client affirms that all materials provided to DesignSize during the design process, whether as examples or intended for incorporation into a project, are the rightful property of the Client. Furthermore, the Client warrants that such materials do not infringe upon or misappropriate any rights held by third parties, including, but not limited to, intellectual property rights and rights of publicity.

10.

10.

Promotional Rights

DesignSize retains the right to publicly showcase and publicize the Client's design work, to link to any online content containing the work, and to describe its role in creating the work, on any digital platforms, which may include social media and DesignSize's website, unless otherwise specified by mutual agreement. DesignSize may also publicize the fact that the Client is DesignSize’s client; describe the nature of its work for the Client; and subject to any reasonable restrictions imposed by Client, use the Client’s trade name(s) and trademark(s) in its advertising.


However, the Client also has the right to establish a Non-Disclosure Agreement (NDA) with DesignSize. In the event of such an NDA, DesignSize's ability to publicly share or discuss Client's work would be nullified.

DesignSize retains the right to publicly showcase and publicize the Client's design work, to link to any online content containing the work, and to describe its role in creating the work, on any digital platforms, which may include social media and DesignSize's website, unless otherwise specified by mutual agreement. DesignSize may also publicize the fact that the Client is DesignSize’s client; describe the nature of its work for the Client; and subject to any reasonable restrictions imposed by Client, use the Client’s trade name(s) and trademark(s) in its advertising.


However, the Client also has the right to establish a Non-Disclosure Agreement (NDA) with DesignSize. In the event of such an NDA, DesignSize's ability to publicly share or discuss Client's work would be nullified.

11.

11.

Client Feedback

The Client acknowledges and consents to the fact that any questions, comments, suggestions, or other feedback (referred to as a "Feedback") shall exclusively belong to DesignSize. DesignSize is not obliged to maintain the confidentiality of any Feedback or take measures to ensure its confidentiality. DesignSize shall possess sole and absolute ownership of all rights related to the Feedback, except to the extent that rights are granted to the Client under Paragraph 8 ("Ownership").


DesignSize, at its sole and unrestricted discretion, may utilize and disseminate a Feedback for any lawful purpose, without requiring permission, acknowledgment, or compensation to or from the Client. The Client affirms their right to articulate and present the Feedback and, as such, hereby renounces all claims and recourse against DesignSize concerning its use of the Feedback in accordance with the terms outlined herein and at its sole discretion thereafter.

The Client acknowledges and consents to the fact that any questions, comments, suggestions, or other feedback (referred to as a "Feedback") shall exclusively belong to DesignSize. DesignSize is not obliged to maintain the confidentiality of any Feedback or take measures to ensure its confidentiality. DesignSize shall possess sole and absolute ownership of all rights related to the Feedback, except to the extent that rights are granted to the Client under Paragraph 8 ("Ownership").


DesignSize, at its sole and unrestricted discretion, may utilize and disseminate a Feedback for any lawful purpose, without requiring permission, acknowledgment, or compensation to or from the Client. The Client affirms their right to articulate and present the Feedback and, as such, hereby renounces all claims and recourse against DesignSize concerning its use of the Feedback in accordance with the terms outlined herein and at its sole discretion thereafter.

12.

12.

Referrals

Referral tracking and payouts are handled through our third-party partner, Rewardful.com.

Referral tracking and payouts are handled through our third-party partner, Rewardful.com.

13.

13.

Electronic Communications

The Client provides consent to receive electronic communications from DesignSize. Furthermore, the Client acknowledges that all agreements, notices, disclosures, and other communications sent via email or through the Website fulfill any legal requirement mandating written communication.

The Client also agrees to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and transaction records initiated or completed by DesignSize or through the Website. In this context, the Client relinquishes any rights or requirements dictated by statutes, regulations, rules, ordinances, or other laws in any jurisdiction. These requirements may include the necessity for an original signature, the delivery or retention of non-electronic records, or the use of non-electronic means for payments or the granting of credits.

The Client provides consent to receive electronic communications from DesignSize. Furthermore, the Client acknowledges that all agreements, notices, disclosures, and other communications sent via email or through the Website fulfill any legal requirement mandating written communication.

The Client also agrees to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and transaction records initiated or completed by DesignSize or through the Website. In this context, the Client relinquishes any rights or requirements dictated by statutes, regulations, rules, ordinances, or other laws in any jurisdiction. These requirements may include the necessity for an original signature, the delivery or retention of non-electronic records, or the use of non-electronic means for payments or the granting of credits.

14.

14.

Governing Law; Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein and each of the parties hereto agrees irrevocably to attorn to the exclusive jurisdiction of the Courts of such Province except for applications for injunctive relief or specific performance by the Company.


Any suit, legal action or proceeding regardless of its nature, with respect to this Agreement shall be brought exclusively in the courts of the judicial district of the city of Montreal.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein and each of the parties hereto agrees irrevocably to attorn to the exclusive jurisdiction of the Courts of such Province except for applications for injunctive relief or specific performance by the Company.


Any suit, legal action or proceeding regardless of its nature, with respect to this Agreement shall be brought exclusively in the courts of the judicial district of the city of Montreal.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein and each of the parties hereto agrees irrevocably to attorn to the exclusive jurisdiction of the Courts of such Province except for applications for injunctive relief or specific performance by the Company.

Any suit, legal action or proceeding regardless of its nature, with respect to this Agreement shall be brought exclusively in the courts of the judicial district of the city of Montreal.

15.

15.

Disclamer

The Website is provided "as-is" and "as-available." By using the Website and Services, the Client acknowledges that they do so at their own sole risk. DesignSize disclaims all warranties, whether express or implied, concerning the Website and the Client's use thereof. These disclaimed warranties include but are not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.


DesignSize does not make any warranties or representations regarding the accuracy or completeness of the Website, its content, or any linked websites. DesignSize assumes no liability for errors, mistakes, inaccuracies, personal injury, property damage, unauthorized access to secure servers, interruption of transmission, bugs, viruses, or similar issues that may be transmitted by third parties. Furthermore, DesignSize is not responsible for errors or omissions in content, any loss or damage incurred due to the use of posted content, or any products or services advertised or offered by third parties through the Website or linked websites.


DesignSize does not warrant, endorse, guarantee, or assume responsibility for any products or services advertised or offered by third parties through the Website, linked websites, or any other advertising platforms.

The Website is provided "as-is" and "as-available." By using the Website and Services, the Client acknowledges that they do so at their own sole risk. DesignSize disclaims all warranties, whether express or implied, concerning the Website and the Client's use thereof. These disclaimed warranties include but are not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.


DesignSize does not make any warranties or representations regarding the accuracy or completeness of the Website, its content, or any linked websites. DesignSize assumes no liability for errors, mistakes, inaccuracies, personal injury, property damage, unauthorized access to secure servers, interruption of transmission, bugs, viruses, or similar issues that may be transmitted by third parties. Furthermore, DesignSize is not responsible for errors or omissions in content, any loss or damage incurred due to the use of posted content, or any products or services advertised or offered by third parties through the Website or linked websites.


DesignSize does not warrant, endorse, guarantee, or assume responsibility for any products or services advertised or offered by third parties through the Website, linked websites, or any other advertising platforms.

16.

16.

Limitations of Liability

DesignSize, along with its directors, employees, members, independent contractors, or agents, shall not be held liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages. These damages include, but are not limited to, lost profits, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures, or any other damages or losses that may arise from the Client's use of the Website.


The Client agrees to defend, indemnify, and hold harmless Designsize and its subsidiaries, affiliates, along with all respective officers, members, agents, partners, employees, and independent contractors. This defense and indemnification pertain to any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising from:

DesignSize, along with its directors, employees, members, independent contractors, or agents, shall not be held liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages. These damages include, but are not limited to, lost profits, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures, or any other damages or losses that may arise from the Client's use of the Website.


The Client agrees to defend, indemnify, and hold harmless Designsize and its subsidiaries, affiliates, along with all respective officers, members, agents, partners, employees, and independent contractors. This defense and indemnification pertain to any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising from:

The Client's use of the Website.

A breach of these Terms of Use.

Any breach of the Client's representations and warranties as outlined herein.

The Client's violation of the rights of any third party, including, but not limited to, intellectual property rights.

Despite the above, DesignSize reserves the right, at the Client's expense, to assume control and defense of any matter for which the Client is obligated to indemnify DesignSize. The Client agrees to cooperate with DesignSize in the defense of such claims.

Despite the above, DesignSize reserves the right, at the Client's expense, to assume control and defense of any matter for which the Client is obligated to indemnify DesignSize. The Client agrees to cooperate with DesignSize in the defense of such claims.

17.

17.

User Data

The Client bears sole responsibility for all data transmitted to or associated with any activity they engage in using the Website. DesignSize holds no liability to the Client for any loss or corruption of such data. In this regard, the Client waives any right to take legal action against DesignSize for any such loss or corruption.

The Client bears sole responsibility for all data transmitted to or associated with any activity they engage in using the Website. DesignSize holds no liability to the Client for any loss or corruption of such data. In this regard, the Client waives any right to take legal action against DesignSize for any such loss or corruption.

18.

18.

Client Responsibilities

Client is obligated to use the Website solely for its intended purpose, as provided by DesignSize. The Website may only be employed for activities associated with the work carried out by DesignSize on behalf of the Client.


The Client acknowledges and agrees to abide by these Terms of Use, confirming their legal capacity and age in their jurisdiction. They pledge not to use automated methods or engage in unlawful activities on the Website, ensuring compliance with all relevant laws. Prohibited actions include unauthorized use, data extraction, security feature tampering, and deceptive practices. The Client shall not interfere with the Website's functionality or attempt to reverse engineer its software. Harassment of DesignSize personnel, copyright infringement, and spreading harmful content are strictly prohibited. The Client will use the Website in accordance with applicable laws and regulations.

Client is obligated to use the Website solely for its intended purpose, as provided by DesignSize. The Website may only be employed for activities associated with the work carried out by DesignSize on behalf of the Client.


The Client acknowledges and agrees to abide by these Terms of Use, confirming their legal capacity and age in their jurisdiction. They pledge not to use automated methods or engage in unlawful activities on the Website, ensuring compliance with all relevant laws. Prohibited actions include unauthorized use, data extraction, security feature tampering, and deceptive practices. The Client shall not interfere with the Website's functionality or attempt to reverse engineer its software. Harassment of DesignSize personnel, copyright infringement, and spreading harmful content are strictly prohibited. The Client will use the Website in accordance with applicable laws and regulations.

19.

19.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

20.

20.

Privacy Policy

By utilizing the Website, the Client agrees to be bound by and adhere to the Privacy Policy and the specific terms contained therein, which are also adopted and incorporated herein. The Website is hosted in the United States of America and operated in Canada. Accessing the Website from regions such as the United States, Canada, Asia, or other parts of the world may subject you to different laws, statutes, or regulations governing the collection, use, or disclosure of personal data, as opposed to those of the United States.


The Client's ongoing use of the Website and the transfer of data to the United States signify the Client's express consent to the transfer and processing of data. See privacy policy page.

By utilizing the Website, the Client agrees to be bound by and adhere to the Privacy Policy and the specific terms contained therein, which are also adopted and incorporated herein. The Website is hosted in the United States of America and operated in Canada. Accessing the Website from regions such as the United States, Canada, Asia, or other parts of the world may subject you to different laws, statutes, or regulations governing the collection, use, or disclosure of personal data, as opposed to those of the United States.


The Client's ongoing use of the Website and the transfer of data to the United States signify the Client's express consent to the transfer and processing of data. See privacy policy page.

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Changes to Terms

DesignSize reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.


By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

DesignSize reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.


By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

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Acceptance of Terms

These Terms and Conditions, including all policies posted on or relating to the Website, constitute the complete agreement and understanding between the Client and DesignSize. The failure of DesignSize to assert any right or provision of these Terms of Use shall not constitute a waiver or such right or provision. If any specific provision or part of these Terms of Use is found to be unlawful, void, or unenforceable, that specific provision shall be severed from these Terms of Use, but this shall not impact the validity or enforceability of the Terms of Use.


None of these Terms of Use, the Privacy Policy, or any content on the Website shall be interpreted as establishing a joint venture, partnership, employment, or agency relationship between the Client and Designsize.

These Terms and Conditions, including all policies posted on or relating to the Website, constitute the complete agreement and understanding between the Client and DesignSize. The failure of DesignSize to assert any right or provision of these Terms of Use shall not constitute a waiver or such right or provision. If any specific provision or part of these Terms of Use is found to be unlawful, void, or unenforceable, that specific provision shall be severed from these Terms of Use, but this shall not impact the validity or enforceability of the Terms of Use.


None of these Terms of Use, the Privacy Policy, or any content on the Website shall be interpreted as establishing a joint venture, partnership, employment, or agency relationship between the Client and Designsize.

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Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

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Contact Information

If you have any questions about these Terms and Conditions, You can contact us by email at: hello@designsize.com.

If you have any questions about these Terms and Conditions, You can contact us by email at: hello@designsize.com.