Estetiko Terms & ConditionsLast updated: 9/05/2023
Welcome to Estetiko! These Terms of Use ("Agreement") outline the terms and conditions under which you, the Client, access and use the Estetiko website at https://www.estetiko.co/ ("Website") and any related media forms, channels, mobile websites, or applications. Please read this Agreement carefully. By using the Website, you agree to comply with and be bound by the terms outlined below. If you do not agree to these terms, please discontinue your use of the Website.
1. Ownership and Intellectual Property
The Website, including all its components such as source code, databases, software, designs, audio, video, text, images, and trademarks ("Content"), are the property of Estetiko. All Content and trademarks are protected by applicable intellectual property laws and regulations. You may only use the Content for personal information and non-commercial purposes. No part of the Website or Content may be copied, reproduced, aggregated, republished, distributed, transmitted, sold, or exploited for commercial purposes without prior written permission from Estetiko.
2. Ownership of Materials
Any design and original source files created on behalf of the Client ("Projects") belong to the Client, and the Client retains copyright ownership of all Projects. If ownership of a Project were to shift to Estetiko, it is agreed that ownership shall be assigned back to the Client. The Client warrants that provided materials do not infringe on third-party rights. Estetiko reserves the right to share Client's design work publicly, unless otherwise agreed upon as stated in section 18 of this document.
3. Third-Party Fonts
In the event that Projects use fonts not owned by Estetiko ("Third-Party Fonts"), the Client will be notified in writing. The Client must purchase appropriate licenses from the font rights-holders to legally use the Third-Party Fonts. The Client takes responsibility for consequences arising from failure to obtain required licenses.
4. User Representations
By using the Website, you represent and warrant that you have the legal capacity to comply with these Terms of Use, are not a minor, will not use automated or non-human means to access the Website, will not engage in illegal activities, and will not violate any laws or regulations.
5. Prohibited Activities
The Website may only be used for intended purposes. Commercial endeavors related to work performed by Estetiko are allowed. Prohibited actions include unauthorized use, data retrieval for database creation, security feature interference, unauthorized framing or linking, deceptive actions, competing with Estetiko, and more.
6. Client Feedback
Any feedback or submission provided by the Client shall be the property of Estetiko, which may use it for lawful purposes. Estetiko has full rights to disseminate and use feedback without requiring permission or compensation.
7. Management and Oversight
Estetiko reserves the right to monitor and take legal action against violations of these Terms of Use. Access to the Website may be restricted or disabled at Estetiko's discretion without notice.
8. Privacy Policy
By using the Website, you agree to comply with the Privacy Policy outlined on the Website and its incorporation herein. International access to the Website may be subject to different laws, and your continued use implies consent to data transfer and processing in the United States.
9. Returns and Refunds
Refund requests are considered on a case-by-case basis, with potential ownership restrictions for refunded materials. A 25% fee may apply to refunds, and legal actions may be taken for breaches of this section.
10. Modification
Estetiko may modify, change, or remove Website content at its sole discretion without notice or liability.
11. Connection Interruptions
Estetiko does not guarantee uninterrupted Website availability due to factors beyond its control. Estetiko is not liable for any loss caused by connection interruptions.
12. Governing Law
These Terms of Use are governed by the laws of the State of Texas without regard to conflict of law principles.
13. Litigation
Legal actions shall take place in the state courts of Harris County, Texas or the United States District Court for the District of Texas.
14. Disclaimer
The Website is provided "as-is," and Estetiko disclaims all warranties, express or implied, related to the Website and its use. Estetiko assumes no liability for errors, interruptions, viruses, or content accuracy. Third-party products or services advertised on the Website are not endorsed or guaranteed by Estetiko.
15. Limitations of Liability and Indemnification
Estetiko, its employees, and agents are not liable for direct, indirect, consequential, or punitive damages. The Client agrees to defend, indemnify, and hold Estetiko harmless from claims related to Website use.
16. User Data
The Client is responsible for data transmitted through the Website, and Estetiko is not liable for data loss or corruption.
17. Electronic Communications and Signatures
Clients consent to receive electronic communications and agree to electronic signatures, contracts, and notices.
18. Showcasing Design Work
Estetiko reserves the right to share design work publicly, but Clients may void this right by issuing an NDA as stated in this document.
19. Miscellaneous
These Terms of Use constitute the entire agreement between the Client and Estetiko. Failure to enforce a provision does not waive its validity. If any provision is deemed unlawful, the rest of the agreement remains intact. Nothing in this agreement creates a joint venture, partnership, employment, or agency relationship.
20. Contact Information
For inquiries, please contact Estetiko at: hello@estetiko.co.