1. Welcome to DESIGN KIKI! We're glad you choose to work with us. In these terms, when we say DESIGN KIKI, we or us, we mean Madhya Agency.
2. These terms, together with our Acceptable Use Policy and DESIGN KIKI License Agreement, govern your use of our logo maker and form a binding pact between us. By downloading or using any of the Content on DESIGN KIKI, you agree that you have read and accepted all the terms into consideration.
3. To browse DESIGN KIKI, you should be 16+ years of age. We don't knowingly collect any information from anyone aged 16 or under. When browsing DESIGN KIKI, you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of DESIGN KIKI, whether or not you're a subscriber.
4. You need to be 18 years or over to purchase our services. If you're under 18, you will need to use the account of a parent or legal guardian who will be responsible for all your activities, is at least 18 years of age, with their prior permission.
5. The 'DESIGN KIKI Service' is a web-based platform that helps you create logos using online templates, fonts, shapes, colors, and other tools that we own, in combination with your Content. Copyrights are reserved to you only after you make a purchase the logo into consideration.
6. You accept that you have all rights and licenses necessary to upload Your Content to the DESIGN KIKI Service and for us to use it as described in this section. You are responsible for any issues relating to Your Content.
7. The use of all Customized Products is subject to the terms of the license set out in the DESIGN KIKI License
8. Subject to clause 10, we own the following (our IP):
a. the copyright existing in the code in the fundamental system that runs the DESIGN KIKI Service, the Applications, the Content Templates and all other Content issued on the DESIGN KIKI site;
b. the exclusive rights existing in the design, layout, compilation, and appearance of the DESIGN KIKI site;
c. the copyright is living in all of the content templates made accessible to you on DESIGN KIKI Service;
d. the DESIGN KIKI trademark and all other trademarks used on or in assembly with DESIGN KIKI.
9. Some components of the Content Template may be traced from a third party, and different license terms may apply to such elements, such as someone else's license or an open-source or creative commons license. The DESIGN KIKI License Agreement will apply to the rest of the Content Template, or Product as applicable. The DESIGN KIKI Service uses images and names of third party products. We are not affiliated or associated with, or legalized or endorsed by, the owners of the products.
10. You may not duplicate, issue, alter, circulate or do unoriginal works of any of our IP in any way not expressly authorized by these terms.
11. You must:
a. ensure that Your Content and Products do not invade the rights of any person.
b. Your Content and Products do not breach (or cause us to violate) any applicable laws;
c. complies with our Acceptable Use Policy at all times concerning Your Content and Products.
12. You must not:
a. restrict with or disrupt the integrity or performance of the DESIGN KIKI Service;
b. challenge to gain unsanctioned access to the DESIGN KIKI Service, the Applications or related organizations and networks;
c. license, sublicense, trade, resell or otherwise commercially exploit or make the DESIGN KIKI Service accessible to any third party (except as expressly contemplated by these terms);
d. practice, or license the use of, any safety testing tools to investigate, scan or attempt to infiltrate or learn the security of the DESIGN KIKI Service;
e. use any data mining, robots or similar data assembly or extraction methods on the DESIGN KIKI Service;
f. access the DESIGN KIKI Service or related arrangements and networks to develop a similar or competitive product or Service.
g. duplicate, interpret, produce an imitative work of, reverse engineer, reverse assemble, decompile ESIGN KIKI or attempt to discover any source code or alter the Applications;
h. use DESIGN KIKI as a trademark or trade name in connection with your use of the DESIGN KIKI Service or mention DESIGN KIKI in any of your Products, without our prior written permission.
13. All payments are made upfront and in advance.
14. Payments will be processed automatically through the payment method you have chosen. If we cannot process your payment for any reason and you do not rectify non-payment within any period notified by us, then we may append your access to our Service.
15. We may permanently disable access your access to our Service if any payment has been outstanding for more than 30 days.
16. We do not generally offer a refund unless we have made changes to these terms that substantially affect you to your disadvantage or as required under the United States of America's consumer law or other relevant consumer protection laws. If you would like to request a refund, you should email us at [email protected] We will evaluate refund requests on their evidence. There is generally no responsibility on our end to provide a refund in situations like the following:
a. you have changed your mind about your DESIGN KIKI product;
b. we have suspended your access to the DESIGN KIKI Service where we have the right to do so.
17. If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase.
18. The DESIGN KIKI Service is made available to you in the existing circumstances. We disclaim all assurances, express or implied, including the implied warranties of the code of non-infringement, merchantability, and fitness for a particular purpose. Without restrictive the preceding, we do not warrant that the Content Templates that you use to make Products fulfill any rules and regulations propagated by the manufacturer or owner of any device or Product displayed in such Content Templates. You are exclusively responsible for the use of your Products and for ensuring that all Products conform with pertinent regulations and do not invade the rights of third parties.
19. You assure us against all losses, costs (including legal fees), expenses, demands or charge that we incur arising out of, or in connection with, a third-party claim against us involving your use of the DESIGN KIKI Service (including any claim against us relating to your Products).
20. Our legal responsibility to you in connection with the DESIGN KIKI Service or these terms, in contract, misdemeanor including negligence; or otherwise, is limited as follows:
a. we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense;
b. our total aggregate liability to you is otherwise limited to USD50.00.
21. Account information: You guarantee that the information you give us is factual, exact, and comprehensive, and that you will keep your login information up-to-date, including a working email address and other vital contact details. Your login is not portable. You are responsible for any use of the DESIGN KIKI Service that occurs in coincidence with your login details. If you apprehend there's any unsanctioned use of your password or any breach of security, you need to let us know instantly. You must not use a computer-generated private network or VPN or any other means to avoid compliance with these terms and conditions, or for any deceitful or illegal reasons.
22. Taxes: Any fees for the DESIGN KIKI Service will be exclusive of transactional taxes where relevant (like sales tax, VAT, and GST). You will be responsible for paying all fees and taxes linked with your use of the DESIGN KIKI Service wherever charged. We may collect geographical location information to determine your location, which may be used for tax purposes. The location information that you provide us with must be accurate for tax residency purposes.
24. Security: We value your information and take reasonable safety measures to protect it.
27. Service interruptions. You admit and agree that there may be disruptions in your use of DESIGN KIKI Service, including strategic downtime and inaccessibility caused by Internet service provider failures or delays, or any failures, delays, or interruption caused by third-party applications.
28. Responsibility for Your Content. We are not responsible for any of Your Content which is misplaced, altered, seized or stored during the communication of any data of any kind across networks not owned and operated by us, including, but not restricted to, the Internet, any third-party applications used in connection with providing the DESIGN KIKI Service, and your local network. You accept and agree that you may permanently lose Your Content, including any variations made to Your Content through or for you during the use of the DESIGN KIKI Service.
29. Acceptance on behalf of someone else. If you're approving these terms on behalf of someone else, then you're pledging that you have the full legal authority to bind that third party. Remember that only real persons can subscribe to the DESIGN KIKI Service.
30. Consumer laws. In some spaces, there may be non-excludable guarantees or other rights ('non-excludable consumer guarantees'). We do not exclude, limit, or change non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the direct warranties made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to substituting or paying the cost of replacing the related item or Service unless the non-excludable consumer guarantee says otherwise.
31. Relationship between the parties. Nothing in these terms is to be interpreted as establishing an enterprise, joint venture, employment, or agency affiliation between you and us.
32. Blocking a user, restricting an account, or rejecting to process a payment. We may block you, terminate your account, or refuse to progress a fee if we rationally have confidence that there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. We may also block members from a country if we can't make payments to or from that country. You should take into consideration what payment methods are available in your country for making payments as a buyer.
33. US-specific controls. The DESIGN KIKI Service is not accessible to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department's list of Specially Designated Nationals List (SDN List). You must not use a Product to provide services to any person located in a U.S. sanctioned country or to anyone on the SDN list.
34. Changes to these terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the variations. You can also keep track if changes have been made to our terms by referring to the version and effective date at the footer of the words. If you continue to use the DESIGN KIKI Service after the changes are made, then you will agree to the switches irrespective of the amount of time that has elapsed.
35. Notices: Any notice you send us must be submitted via email at [email protected] Any notice we send to you will be emailed to the email address provided to us by you.
36. Applicable Laws: We control and operate the DESIGN KIKI Service from our offices in India. The laws of Jaipur, India govern these user terms, and you submit to the jurisdiction of the courts there.
37. Copyright or trademark. There are two main ways to let us know if you think your Content is being used without authorization. For copyright owners – the DMCA takedown notice process is described below. For other IP rights owners, including trademark owners – you can contact us at [email protected]
38. DMCA takedown notice. If you're a copyright owner, you'll need to send a signed, dated DMCA takedown notice to us. We have to address this DMCA takedown notice to the other person, which means your details will be passed to them. The other person can submit a DMCA counter-notification if they disagree with your DMCA takedown notice, and they might contact you directly using your contact details. The quickest way is to send it to our team at [email protected] The notice must:
a. Hold the Content that you claim infringes your copyright, including a description and where we can find it – include the URL;
b. Hold your copyrighted Content, and you should specify where we can see this published – include the URL;
c. Hold a detailed explanation about how you believe the Content violates your copyright;
d. Include your complete and exact contact details, including your address, phone number, and email address;
e. Include the date and your signature,
f. Include a plain statement stating your allegations.
39. Address for notices. All notices should be addressed to D-21, Jagan Path, Chomu House, C-Scheme, Jaipur, India or email to [email protected]