Last update: 20 October 2022
By accessing or using LOGOWSKI, you agree to be legally bound by these Terms and Conditions. Please read this document carefully. If you do not agree with one or more provisions of these Terms and Conditions, you should not use LOGOWSKI.
- General information
- Fees and payments
- The account
- Intellectual property
- Prohibited use
- Availability and force majeure
- Disclaimer of warranties
- Limitation of liability
- Indemnification
- Severity
- Governing law and disputes
- Miscellaneous
- Contact
1. GENERAL INFORMATION
1.1 These LOGOWSKI Terms and Conditions (the “Terms”) constitute a legally binding agreement between: (i) an individual user or an entity (“you” and “your”) accessing the website https://logowski.com (the “Website”) and the services provided through the Website, namely, creation of logos and corporate identity elements, advertising elements, and design layouts (the “Services”) (the Website and the Services are hereby collectively referred to as “LOGOWSKI”); AND (ii) the owner and operator of LOGOWSKI, namely, Individual Entrepreneur Yauhen Ryzhanovich having an address at Georgia, Batumi city, Tamar Mephe avenue, N 22 a and the company registration number 145858729 (“we,” “us,” and “our”).
1.2 License to use LOGOWSKI. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use LOGOWSKI pursuant to these Terms.
1.3 Disclaimer. Although we regularly monitor the information available on the Website or in relation to the Services, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information, whether provided by us or by third parties. The information provided in relation to LOGOWSKI is for general information only. It should not be taken as constituting professional advice.
1.4 Third-party links. The Website may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.
1.5 Support. Any general requests for customer support should be addressed to us by email at info@logowski.com
1.6 Minors. LOGOWSKI is not marketed and intended for use by persons under the age of 18.
1.7 Privacy and other relevant terms. The documents that include important provisions regarding your use of LOGOWSKI and should be read and interpreted together with these Terms are our Privacy Policy, which describes in detail how we handle your personal data collected through LOGOWSKI and other individual terms and conditions made available by us on the Website. 1.8 Services-specific terms. Services-specific terms may be made available on the Website and may be updated by us from time to time. Please check the terms that are relevant to the Services that you intend to use before ordering them.
2. FEES AND PAYMENTS
2.1 The Fees. Your use of the Services is subject to the applicable service fees (the “Fees”). By concluding a service contract with us (i.e. ordering a corporate identity creation services or purchasing other products or services available on the Website), you agree to pay the Fees in accordance with these Terms, the terms and conditions of the Services that you purchase, and other terms and conditions in force at the moment the sale or service contract is concluded. By placing your order, you agree to pay the Fees due. The Fees remain valid for as long as (i) they are featured on the Website or (ii) as communicated by us. The Fees are subject to a change with at least 30 calendar days prior notice to you (if you use subscription-based Services) or without notice (if you do not use subscription-based Services).
2.2 Taxes. Unless indicated otherwise, the Fees include the applicable sale taxes (e.g. VAT).
2.3 Payment processing. All payments for the Services are processed by our payment processor Paypal online payments. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You shall not hold us liable for payments that do not reach us due to your error (e.g., incorrect payment information) or if your payment is refused for any other reason.
2.4 Subscription Fees. Some of the Fees are payable on a recurrent basis. The billing cycle depends on the subscription plan chosen by you. The Fees are charged automatically at the beginning of each billing cycle by using the payment method chosen by you. Unless you cancel the subscription prior to the expiration of then-current subscription term, we will automatically renew the subscription plan based on its renewal cycle and charge your payment method with the applicable subscription Fees. We will send you a notice every time before automatically billing your payment method. By placing your order, you authorise, agree and assent to us automatically billing you for the subscription Fees due.
2.5 Refunds and right of withdrawal. Unless you use the Services as a non-consumer (i.e. a person acting outside his/her business, trade, or profession), we do not issue refunds for any Fees paid, unless there is an error on our side. If you use the Services as a consumer, you may withdraw from the contract with us within the period of 14 days after the contract was concluded, unless the provision of the Services was completed by us (e.g., you have accessed the content or services for which you paid the Fees). In order to terminate the contract and receive a refund, you must inform us of your decision to withdraw from the contract by email at info@logowski.com. We will refund all or partial Fees by using the same payment method that was used for the initial payment. If you act as a business, trader, or use the Services for professional purposes, you are not entitled to exercise your right of withdrawal.
2.6 Subscription cancellation. Your subscription must be cancelled prior to expiration of then-current billing period through your Account (as defined hereunder) to avoid automatic renewal and charge. If you cancel your subscription later, the cancellation will not be guaranteed. Your inactivity with regard to the Services does not substitute your request for the cancellation of your subscription.
3. THE ACCOUNT
3.1 Registration of the Account. In order to access and order the Services, you may be required to register a user account (the “Account”) by using your email address or social media credentials. Before creating your Account, you will be requested to submit your personal data, read and accept these Terms and review our Privacy Policy. Your Account is not transferable and you are solely responsible for any activities occurring through your Account. We reserve the right, at our sole discretion, to refuse registration of any Account for any reason whatsoever.
3.2 Your warranties. By registering your Account, you acknowledge, agree, and warrant that:
- You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of LOGOWSKI;
- You provide only true, accurate, complete, and up-to-date personal data;
- You will update your Account as soon as any changes to your personal data or other information occur;
- You can conclude legally binding contracts with us;
- If you register the Account on behalf of an entity, you are fully authorised by that entity to do so; and
- You are a human individual.
3.3 Security of the Account. You are solely responsible for maintaining the confidentiality of your Account, including keeping secure your login details. You agree to immediately notify us about allegedly unauthorised use of your Account or any other security breach related to your Account. You are also responsible for using secure Internet connection and protected networks while using LOGOWSKI. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations
3.4 Deletion of the Account. At any time, you may delete your Account through your dashboard. Upon deletion of the Account, these Terms shall terminate and you will lose access to the content available through the Account, including all files, information and the Services that you purchased. Please make sure that you make backup copies of your content before deleting your Account.
3.5 Suspension and termination of the Account. We reserve the right to suspend or terminate your Account if you fail to pay the Fees or, at our sole discretion, we have grounds to believe that your use of LOGOWSKI seriously and repeatedly breaches these Terms. We may also suspend or terminate your Account upon a lawful request of a public authority.
4. INTELLECTUAL PROPERTY
4.1 LOGOWSKI Content. Most of the content available on or through LOGOWSKI, including all information, software, text, data, logos, marks, designs, graphics, pictures, templates, video files, sound files, illustrations, graphics, and similar (collectively, the “LOGOWSKI Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. The LOGOWSKI Content is protected by applicable intellectual property laws and international treaties. Provided that the functionality of LOGOWSKI permits it, you may download backup copies of the content (e.g. logos and templates) that you purchase for its intended use. You are not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease, sell as tans-alone files, or attempt to grant other rights to the LOGOWSKI Content to third parties, or use any manual or automated means to scrape any content available on LOGOWSKI.
4.2 LOGOWSKI brand. You may not use the brand, the word or figurative trademarks associated with LOGOWSKI or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
4.3 The Purchased Content. Unless documentation or specific licenses terms state otherwise, the rights to the content that you purchase from us within the scope of the Services (the “Purchased Content”) are assigned to you; you are hereby provided with a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the Purchased Content for any personal and business purposes. Nothing in these Terms shall affect any statutory rights that we cannot contractually alter or waive.
4.4 Third-party intellectual property. LOGOWSKI may contain content belonging to third parties (the “Third-Party Content”). The Third-Party Content is owned by third-party proprietors and such third-party intellectual property does not belong to us (but may be licensed to us). The Third-Party Content remains the sole property of the respective third-party proprietors. You may not use any Third-Party Content without the prior authorization of the owners of such content, notwithstanding any functionalities of LOGOWSKI. We do not guarantee that you will have access to the Third-Party Content at all times.
4.5 Your Content. By submitting any content within the scope of the Services (“Your Content”), you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to store, use, distribute, advertise, adapt, remix, modify, display, perform, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of providing you with the requested Services and carrying out our legitimate business interests. Your Content must not violate any applicable laws, including intellectual property rights of others. We are not responsible for reviewing, examining, verifying, ensuring legal compliance of, or providing any advice with regard to Your Content. You remain solely responsible for Your Content and any Purchased Content created by using Your Content. You understand and agree that, in order to ensure the security and proper functioning of LOGOWSKI, we may, but have no obligation to, monitor Your Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms or may harm our reputation. Upon your request, we may also access Your Content or the Generated Content for the purposes of providing you with the Services or any assistance related thereto.
4.6 Feedback and comments. If you provide any feedback, comments, or suggestions pertaining to LOGOWSKI (the “Feedback”), we will be entitled to use the Feedback without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Feedback. All comments and other user-generated content available on LOGOWSKI includes author’s personal views and recommendations; it does not reflect our views, recommendations, endorsement, or any commitments related thereto.
4.7 Copyright infringement claims. If you have any grounds to believe that any content available through LOGOWSKI violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.
5. PROHIBITED USE
5.1 LOGOWSKI can be used for lawful purposes only. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws. You are not permitted to use LOGOWSKI in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Intellectual property (e.g. copyright or trademark) infringement;
- Any unauthorised access to machines, programs, data, or committing any other forms of cyber offences;
- Fraud;
- Provision of false, inaccurate, or misleading information;
- Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening LOGOWSKI;
- Interfering with or abusing other users of LOGOWSKI;
- Using bots, scripts, and other automated methods; and
- Collecting and disclosing any information about other users of LOGOWSKI.
6. AVAILABILITY AND FORCE MAJEURE
6.1 We put reasonable efforts to ensure that LOGOWSKI is always accessible to you. However, the availability of LOGOWSKI may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of LOGOWSKI caused by such factors.
6.2 We use cloud storage owned and operated by third parties. We take no responsibility if Your Content or the Purchased Content cannot be uploaded, stored, or accessed due to circumstances outside our reasonable control, including, without limitation, third parties’ unavailability, quota overruns, restart settings, expiration times, technical, or connectivity issues. You are responsible for keeping backup copies of Your Content and the Purchased Content at all times.
7. DISCLAIMER OF WARRANTIES
7.1 We provide LOGOWSKI on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of LOGOWSKI, the Third-Party Content, or other content featured on or access by using LOGOWSKI, whether provider by us or by third parties, and hereby disclaim all warranties regarding LOGOWSKI and its operation.
7.2 It is your sole responsibility to verify and assess the fit for the purpose of LOGOWSKI prior to using it and to decide whether or not LOGOWSKI fits for the intended use.
7.3 By using LOGOWSKI, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
7.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
8. LIMITATION OF LIABILITY
8.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of LOGOWSKI, any content made available through LOGOWSKI, whether provided by us or by third parties, any transactions concluded through LOGOWSKI, or use of LOGOWSKI for unauthorised or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
8.2 This Section 8 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
9. INDEMNIFICATION
You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of LOGOWSKI, or your violation of any law or the rights of a third party.
10. SEVERITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
11. GOVERNING LAW AND DISPUTES
11.1 Governing law. These Terms shall be governed and construed in accordance with the laws of Georgia without regard to its conflicts of law provisions.
11.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to courts in Georgia. This Section 11 does not affect any statutory rights that you are entitled to as a consumer.
11.3 Alternative dispute resolution (ADR). ADR body acts as an independent middleman between an Internet service provider and a customer when an initial complaint cannot be resolved. You do not need (but may opt for) legal assistance or representation to take your case to an ADR scheme. The ADR body investigates complaints by looking at consumer’s and Internet service provider’s arguments and comes to a decision it deems to be fair. More information on the online ADR platform provided by the European Commission (for traders and consumers based in the European Union) is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
12. MISCELLANEOUS
12.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms or when you accept them and remain in force until updated or terminated by us.
12.2 Amendments. We reserve the right to modify these Terms or any feature of LOGOWSKI at any time. Such amendments may be necessary due to new features of LOGOWSKI, changes in the requirements of laws, regulations, or our business practices. We will send you a notification (if we have your email address) about any material amendments that may be of importance to you. You are responsible for regularly reviewing these Terms. Your continued use of LOGOWSKI after any changes shall constitute your consent to such changes.
12.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
- Send you a formal warning;
- Temporarily or permanently prohibit your use of LOGOWSKI;
- Report you to the relevant public authorities; or
- Commence a legal action against you.
12.4 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting your Account and ceasing to use LOGOWSKI.
12.5 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
12.6 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of LOGOWSKI.
13. CONTACT
If you have any questions about these Terms, please contact us by using the following contact details: Email: info@logowski.com