DEFINITIONS

1. Content: refers to all content on the Site, including without limitation, text, design, graphics, logos, icons, images, audio clips, video clips, download materials, interfaces, tools, applications, code, software, service marks and trademarks.
2. Personal Information: it is the identified or identifiable information of an individual.
3. brandingswift: refers to the company itself and its services.
4. Site and Web Site: refers to https://www.brandingswift.com owned and operated by Signasoft Consulting Group.
5. Terms of Service: refers to the following terms and conditions concerning the use of the Site.
6. User: refers to the individual who is browsing the Site or using it in any manner.

1. USED MATERIAL AND CONTENT

1.1 Our Purpose

Our main service is to offer to our users the opportunity to start focusing on their business by helping them with beautiful and highly functional online presence builded by the brandingswift Team, allowing our customers to manage and promote their businesses, content and ideas, and have an overall great experience doing so. As detailed below, we offer our users numerous designs and features for creating, publishing and use of stunning websites, online e-commerce platforms, newsletters, galleries, tools and services.

1.2 Paid Designs & Services

In order to gain access to certain tools and Services, such as, but not limited to, creating, downloading and/or using your End Products outside of the Site, whether for commercial or personal use, you must pay the Fee stated on the Site. You cannot use any of brandingswift 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.

1.3 Free Trial

Throughout the process of design, brandingswift offers to their customers a 14-day free trial with different designs and/or design concepts based on templates and builders of third parties, however the User has no right or license to use or copy any of the End Products other than the final one you paid for. This End Product will be shown and available for download in the User’s Account or available as compress files in their own CPanel for subscribers. Throughout the process brandingswift will also make use of certain symbols, colors, fonts and other design elements (collectively known as “Design Resources”) that can or cannot be used to design the user’s End Product. You cannot use any of these Design Resources individually.

1.4 Third Party Resources

You can use purchased End Products outside of the Site for personal purposes (websites). Commercial purposes are only allowed for all End Products that brandingswift have been created and appears as intellectual author. Prior to creating and using any End Product, brandingswift highly recommends you 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. brandingswift can also use symbols provided by The Noun Project, a third-party content provider that obtains the symbols from other third-party contributors. All use of these Symbols is AT YOUR OWN RISK. You will abide by all copyright notices, trademark rules, and will 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 can be licensed from a third-party provider. Under no circumstances will brandingswift 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 thereof. You 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 can exist in such resources.

1.5 Information

Throughout the use of the Site by the User, brandingswift can request the User to input information or answer questions in order to create the End Products (the “Design Process”). brandingswift can use this information as detailed in brandingswift’s Privacy Policy.

1.6 Intellectual Property

All Content is of the exclusive property of brandingswift, its affiliates, its licensors or its content providers and third parties, and is protected by intellectual property and other applicable laws. User is allowed to access, copy, download and print the materials contained on the Site only for personal and non-commercial use, under his/her own and full responsability, provided that such materials as well as any copyright or trademark notices are not modified or deleted. Any other use of the Content, including without limitation, the reproduction, modification, use, publication, broadcast, uploading, transmission, posting, distribution, licensing or the creation of derivative works from the Content, is strictly prohibited. brandingswift reserves all rights not expressly granted herein or on the Site.

brandingswift® and its logo are registered. This trademark and any other trademarks and service marks that are part of the Content shall not be used in any manner without the prior written consent from brandingswift. Nothing on this Site shall be construed as granting any license or right of use of any trademark within the Content.

2. ACCOUNT ACCESS

2.1. Accessing your account

During the Design Process, we will provide you with an access credentials to a personal account on the Site (https://my.brandigswift.com), thereby allowing you access to our services using one computer at a time through the Site.

2.2 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 can 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.

2.3 End Product Information

Throughout the Design Process you will be providing information to better create your End Product, and you are legally responsible for all information that is used to create your End Product. brandingswift 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. brandingswift will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies. You further understand that brandingswift can decide not to maintain copies of files featuring these designs and can decline at any stage a request to change information.

2.4 Hosting

You hereby grant brandingswift 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 license. You are responsible for any content and/or End Products that can be lost or unrecoverable through your use of the Services. You are encouraged to back up your End Products regularly and frequently.

3. USER RESPONSABILITIES

3.1 Legallity of Activity

You accept your sole responsibility for all of your activities using our Site, including content you submit or share via brandingswift's Design Process. You will not use our Services for any illegal purpose. You are responsible for ensuring you do not violate the laws of your jurisdiction, including but not limited to copyright, IP, trademark, design patent and related laws. brandingswift can determine in its sole discretion whether or not an Account is in violation of any of its policies. Violation of any of these policies can result in User information tracking with such information being stored to identify the offending user. Offending User can be permanently restricted from holding an account or using the Services. If brandingswift reasonably determines that your Account is being used for illegal or fraudulent activity, then your Account can be immediately terminated. We can also report you to law enforcement officials in the appropriate jurisdictions.

3.2 General – In addition, you agree that brandingswift makes no warranty that:

a. the Site will meet User requirements;
b. the Site will be available on an uninterrupted, timely, secure, or error-free basis or the server that makes the Site available will be virus free;
c. the results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable; or
d. the information contained on the Site is updated and reflects the current situation of the company. If User is unsatisfied with any portion of this Site, or with any of these Terms of Service, it is User’s sole and exclusive remedy to discontinue using this Site. User acknowledges that downloads of any materials from this Site, reliance on the information on this Site and any use of this Site is solely at the User's own risk and that the Site is available to User at no charge. Therefore, User acknowledges and agrees that, to the fullest extent permitted by applicable law, neither brandingswift, nor its affiliates or third parties contents providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to this Site.
e. You hereby confirm that you are at least 18 years of age and will not use brandingswift Service or End Products for any unlawful purposes or to conduct any unlawful acts, including fraud, embezzlement, money laundering or to impersonate another person.
f. You are not allowed to create End Products using brandingswift that are: pornographic, sexually explicit, violent, reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.

brandingswift shall not be liable for any damage to User's computer system or loss of data resulting from the download of any Content, materials, or information from the Site. In no event will brandingswift or its affiliates or third parties contents providers be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use the Site, or any information provided on the Site.

4. FEES & TAXES

4.1 General

Certain brandingswift Services can be subject to payment of fees, one-time or subscription, as determined by brandingswift in its sole discretion and notified in relation to such Services (“Fee(s)” or “Paid Tool(s)”). If you wish to use these Paid Tools or use any of brandingswift’s End Products outside of the Site, whether for commercial or personal use, you are required to pay all applicable and respective Fees in advance. If you purchase any Services or End Products that we offer for a Fee, you agree to brandingswift or our third-party service providers, storing and updating your payment card information. You expressly agree that we are authorized to charge you (i) the stated Fee, (ii) any other Fees for Services you can purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts.

4.2 Fee Changes

You understand that additional services or End Products that can be introduced in the future can be subject to additional fees. You further acknowledge and approve that brandingswift reserves the right to change its Fees at any time, at its sole discretion, upon notice to you if such change affect an existing subscription you own. If you received a discount for a subscription fee, or any other promotional offer for a subscription fee, brandingswift will have the right to renew your subscription automatically and without notice at the full applicable Fee.

4.3 One Time Fee & Refunds

One-time End Product fees are non-refundable. If a User has reason to believe that User was charged on error, User can provide a written notice to our Customer Support and request to cancel User Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of thirty (30) days from the Fee payment date, and only if the End Products associated with the Fee have not been downloaded or used outside of the Site brandingswift, whether for commercial or personal use (“One Time Fee Refund Period”). We will not cancel Fees after that time or after an End Product has been downloaded or used outside of the brandingswift Site. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, violations to our Terms of Service and improper usage of the brandingswift platform.

4.4 Subscription Fee & Refunds

If you are dissatisfied with any brandingswift Service subject to a Subscription Fees, whether monthly or annual, you can cancel your subscription and provide our Support team with a written request for a refund within thirty (30) days of having paid the initial Fee (“Subscription Refund Period” and "Money-Back Warranty") as long as no end product files have been downloaded or used outside the platform prior. If you are a customer residing in a jurisdiction that requires a different Refund Period, we will be happy to accommodate these requirements in accordance with applicable laws. If brandingswift customer support team receives the refund notice during the Subscription Refund Period, you will be refunded with the amount you paid for the Service and brandingswift will cancel these Services accordingly. After the Subscription Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that an End Products associated with the Fee has already been downloaded or used outside of the Site, whether for commercial or personal use, and/or that the notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and used, we reserve our right to charge the User who provided such notice for any brandingswift Services actually received, as permitted by law.

4.5 Taxes and Currencies

All Fees on the brandingswift Platform will be deemed to be in U.S. Dollars, except when and as specifically stated otherwise in writing by brandingswift. You have full and sole responsibility for all taxes and fees of any nature associated with our fees and services, including any sales tax related to the purchase or sale of Service and/or the End Products. When buying Services and/or End Products, it is your responsibility to decide whether or not sales taxes apply to a sale and to collect, report and remit the correct amounts to the appropriate authority. brandingswift will not be liable for any taxes or other fees to be paid in accordance with or related to the Service and/or End Products. Any tools provided in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with the Services, including any sales tax related to the purchase or sale of Service and/or the End Products. brandingswift can be required to collect Value Added Tax of the European Union (“EU VAT”) from non-taxable EU customers, therefore, EU VAT will be charged to these customers on top of our Fees if applicable.

4.6 Subscription Renewals

In order to make sure that you will not experience interruption or trouble in brandingswift´s subscription services due to cancellation lapse of any subscription period, brandingswift will try to automatically renew all applicable Subscription Service before it is expired for a renewal period that is equal in time to the original subscription period and/or the updated renewal period we have had on file for you, for such Service, annual or monthly, and automatically charge and collect you the applicable Fees using the payment method you have on file with brandingswift (“Renewal Period”). In order to insure no interruptions or loss of services, brandingswift reserves the right (but will not be obligated) to collect and charge for the upcoming renewal period up to one (1) week prior to such Renewal Period commences. In the event that brandingswift fails to collect the Fees owed by the User, we can, in our sole and absolute discretion (but will not be obligated to), try and recollect at a later time, or/and block or cancel your User Account, with no further notice. Without derogating any of the foregoing, The User will be solely responsible to ensure a successful renewal of the brandingswift Services they use. Accordingly, the User will hold the sole for any discontinuation of any brandingswift Services previously purchased by them, including due to a cancellation and/or failure to collect the applicable Fees, or due to any brandingswift Services not being under our automatic subscription renewals feature. The User acknowledges and agrees that they will not have any claims and/or demands against brandingswift with relation to a discontinuation of any brandingswift Services or Third Party Services associated with brandingswift, for whatever reason.

4.7 Chargebacks

If the User decides to contact User bank or credit company, or reject the charge of the payable Fees (“Chargeback”), the action will be considered a breach of the User fee payment obligations, and their use of the brandingswift Services can be automatically suspended and/or terminated. In such case, brandingswift reserves the right to block the User Account without any option to repurchase or re-use it, and any end files and/or data contained in such User Account, including any unfinalized or finalized Designs. Access to the User account will not be regranted until the User pays any applicable owed Fees in full. If the User has any questions or concerns regarding a fee payment collection or attempt made by brandingswift, we encourage you to first contact brandingswift’s Customer Support team before filing a Chargeback. brandingswift reserves its right to dispute any Chargeback received, and provide the relevant credit company, financial institution or bank with any information proving that the User is responsible for the Chargeback and did authorize the transaction to brandingswift.

4.8 Design Vouchers

From time to time, and at its own discretion, brandingswift can offer Design Vouchers for sale (“Design Vouchers”). Such Vouchers allow the Customer to purchase End Products or Services for a discounted price (“Design Vouchers Redemption”). Such Design Vouchers can also include an expiration date that would allow the Customer to utilize them after the date they were initially purchased (“Design Vouchers Expiration Date”). Design Vouchers will not be redeemable after the Design Vouchers Expiration Date and brandingswift will not offer a Refund for any Unused Design Vouchers after the Design Vouchers Expiration Date. All Vouchers fees are non-refundable. If a User has reason to believe that User was charged on error, User can provide a written notice to our Customer Support and request to cancel User Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of fourteen (14) days from the Fee payment date, and only if the End Products associated with the Fee have not been downloaded or used outside of the Site, whether for commercial or personal use (“One Time Fee Refund Period”). We will not cancel Fees after that time or after an End Product has been downloaded or used outside of the brandingswift Site. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, violations to our Terms of Service and improper usage of the brandingswift platform. When utilizing a Design Vouchers after the date it was initially Purchased, the Customer acknowledges that the contents and names of End Products, Bundles, and Services can change over time and therefore not match the ones originally offered. In such instances the Customer is encouraged to contact brandingswift. brandingswift, at its discretion in accordance with its Terms of Service, will supply the Customer with an End Product or Service of similar retail value or offer a refund.

4.9 Account Credit

From time to time, and at its own discretion, brandingswift can offer Account Credit to reward or compensate Users for actions such as referring other Users to the Site and the Service (“Account Credit”). Such Account Credit can only be used to reduce the prices of Services on the Site and cannot be counted towards any transactions outside the Site (“Account Credit Redemption”). Earned Account Credit from making such referral will expire after twelve (12) consecutive inactive months. An inactive month is a month without an invoice billing event. Account Credit will not be redeemable after the Expiration Date. At no case will brandingswift offer any Refund or Compensation for any Unused Account Credit. When utilizing Account Credit, the Customer acknowledges that the contents and names of End Products, Bundles, and Services can change over time and therefore not match the ones originally offered on the Site.

5. TERMINATION POLICY

5.1 Cancellation by brandingswift

These Terms of Service will remain in full force and effect at any time while you use brandingswift’s Platform or our Services or End Products. We can suspend or terminate your rights to use our Services (including the Account and End Products) at any time at our sole and absolute discretion, including, without limitation, for any use of the Site or Services in violation of this agreement. You understand that any termination of your Account can involve deletion of your Account, all information related thereof, and the End Products associated therewith from our live databases.

5.2 Cancellation by User

You can decide to stop and request to cancel your Subscription Services at any point in time. The effective date and time for this cancellation will commence the moment you have issued the cancellation request. The effective date for cancellation of Subscription Fee will be at the next Renewal Period. Such subscription will be canceled only upon the expiration of the respective period for which you have already made payment for. Please know that as brandingswift’s cancellation process can take some time, in order to avoid your next respective charge, your cancellation request should be made at least fourteen (14) business days before to the expiration of the then-current Subscription period.

6. PROHIBITIONS

User shall not use any hardware or software intended to damage, interfere with the proper operation of the Site or to intercept any data or personal information from the Site. User shall not interrupt, attempt to interrupt, intrude or attempt to intrude the operation of the Site in any way. User is not allowed to frame this Site or use brandingswift's  marks as meta tags, without the previous written consent from brandingswift. User shall not use frames or utilize framing techniques to enclose any Content. Further, User shall not utilize any Content in any meta tags or any other similar techniques, without the previous written consent from brandingswift. User shall not obscure any Contents, including these Terms of Service or any copyright or proprietary notice in the Site.

7. INDEMNITY

User agrees to indemnify, defend and hold brandingswift harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any misuse by the User of the Content and services provided on the Site or any breach by User of the Terms of Service contained herein.

8. TERMS OF SERVICE AMENDMENTS

brandingswift may review and change any or all of the Terms of Service at any time without previous notice to the User. Such changes shall be effective immediately upon posting them on the Site. By continuing to use the Site after any changes are posted, User acknowledges acceptance of those changes. Any conflict between the Terms of Service and any terms of service posted in an area of the Site, the last ones shall prevail in relation to the use of that area of the Site by the User.

9. WEBSITE LEGAL USE

User represents that access to this Site and the information contained herein is not unlawful under the applicable laws of the jurisdiction where User is a resident or from where User is accessing this Site. If any Content or the use of this Site is contrary to the laws of the place where User is accessing this Site, this Site is not intended for such User and User shall refrain from accessing or using this Site.

10. SEVERABILITY

If any of the terms, limitations or exclusions of liability contained in the above Terms of Service are determined to be illegal, unenforceable or invalid in whole or in part for any reason under the applicable laws of the jurisdiction where User resides or has had access to the Site, such illegal, unenforceable, or invalid provisions or part thereof shall be removed and/or deleted from this Terms of Service, and such provision shall not affect the legality, enforceability, or validity of the remainder of these Terms of Service. If any provision or part thereof of these Terms of Service is removed and/or deleted in accordance with the provisions of this section, then such removed and/or deleted provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar to the removed and/or deleted provision as is legally feasible.

11. ENTIRE AGREEMENT.

No authorization or waiver under these Terms of Service will be effective unless made in writing and executed by a duly authorized representative of brandingswift.

12. APPLICABLE LAW.

These Terms of Service shall be governed by the applicable laws of Mexico.