Essentia Design's Terms & Conditions

Please read these terms and conditions carefully before using Our Service.

Our Privacy Policy is available here

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: California, United States

Company (referred to as either “Essentia Design”, "the Company", "We", "Us" or "Our" in this Agreement) means Essentia Design LLC, 2450 Venture Oaks Way Suite 200, Sacramento, CA 95833.

Customer (referred to as either “User”, “You”, or “Your”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

Goods refer to the items offered for sale on the Service.

Licensor refers to one or more third-party providers of technology and system services that We license, incorporate into Our products and resell. 

Orders mean a request by You to purchase Goods from Us.

Production Partner refers to one or more third-party providers of professional printing services of Our designs.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Websites.

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Websites refers to Essentia Design Print & Digital Solutions, accessible from http://essentiadesign.studio, http://essentiaQR.link and http://my.essentiaQR.link

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

If you are using the Websites or ordering our products on behalf of your employer or any other person, you warrant and represent that you have the full right, power and authority to accept these Terms and Conditions of our Company on their behalf and bind them to our Company Terms.

Each Party warrants and represents that it holds all necessary licenses, permissions and consents necessary for it and its Representatives to perform their obligations under these Terms.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

You are responsible for ensuring that all persons who access the Websites on your behalf are aware of these Terms and Conditions, as well as the Privacy Policy and any other applicable terms of Essentia Design, and that they comply with them.

We will maintain certain User data that you transmit to the Websites and Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Websites and Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit, or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

You may not, without Essentia Design’s express written permission, (1) extract and/or reuse parts of the content of the Websites; or (2) use any data mining, robots, or similar data gathering and extraction tools to extract for reuse any substantial parts of the Content of the Websites.

You shall indemnify Us against Losses suffered or incurred by You arising out of or in connection with use of the Websites outside of the scope permitted by these Essentia Design LLC Terms.

Email Communication Consent

By providing your email address, you agree to receive emails from Essentia Design, which may include:

1) Essential notification emails that share important updates related to your order(s) and/or account, and may include design proofs, order confirmations, payment receipts, shipment tracking, upgrade confirmations, renewal reminders, and password resets.

2) Important information emails such as QR Code Form submissions, QR Code scan counts and account statistics, security and new features updates. You can opt out of these at any time by visiting your Settings page or clicking “unsubscribe” in the email.

3) Promotional notification emails that share news about new products and/or services, newsletters and discount offers. You will need to voluntarily subscribe to receive these emails and may use the “unsubscribe” link in the email to stop receiving them at any time.

Electronic Communications, Transactions and Signatures

Using our Websites and Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Websites and Services satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. 

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Prohibited Activities When Using Websites and/or Services

You may not access or use the Websites for any   purpose other than that for which we make the Services available. The Services   may not be used in connection with any commercial endeavors except those that   are specifically endorsed or approved by us.

As a  user of the Services, you agree not to:

· Systematically   retrieve data or other content from the Services to create or compile,   directly or indirectly, a collection, compilation, database, or directory   without written permission from us.

· Trick,   defraud, or mislead us and other users, especially in any attempt to learn   sensitive account information, such as but not limited to user passwords.

· Engage   in any form of spam or fraudulent activities, including but not limited to,   phishing, sending unsolicited messages, or transmitting misleading   information.

· Conduct   phishing or hacking activities or use the Services to engage in any   activities that could compromise the security, integrity, or availability of   the Services or any data stored on the Services. Any such activities will   result in immediate termination of your account, and we reserve the right to   pursue civil and criminal remedies to the fullest extent of the law.

· Circumvent,   disable, or otherwise interfere with security-related features of the   Services, including features that prevent or restrict the use or copying of   any Content or enforce limitations on the use of the Services and/or the   Content contained therein.

· Disparage,   tarnish, or otherwise harm the reputation of the Websites or Services.

· Use   any information obtained from the Websites or Services to harass, abuse, or   harm another person.

· Make   improper use of our Support Services or submit false reports of abuse or   misconduct. Harass, annoy, intimidate, or threaten any of our contractors,   employees or agents engaged in providing any portion of the Services to you.

· Use   the Websites or Services in a manner inconsistent with any applicable laws or   regulations.

· Engage   in unauthorized framing of or linking to the Websites or Services.

· Engage   in any conduct that interferes with any party’s uninterrupted use and   enjoyment of the Websites and/or Services, or modifies, impairs, disrupts,   alters, or interferes with the use, features, functions, operation, or   maintenance of the Services.

· Engage   in any automated use of the Websites and/or Services, such as using scripts   to send comments or messages or using any data mining, robots, or similar   data gathering and extraction tools.

· Delete   the copyright or other proprietary rights notice from any Content posted on   the Websites.

· Attempt   to impersonate another user or person or use the username of another user.

· Upload   or transmit (or attempt to upload or to transmit) any material that acts as a   passive or active information collection or transmission mechanism,   including, without limitation, clear graphics interchange formats (“gifs”),   1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred   to as “spyware” or “passive collection mechanisms” or “pcms”).

· Interfere   with, disrupt, or create an undue burden on the Services or the networks or   services connected to the Services.

· Attempt   to bypass any measures of the Services designed to prevent or restrict access   to the Services or any portion of the Services.

· Copy   or adapt the Services’ software, including but not limited to Flash, PHP,   HTML, Javascript, or other code.

· Decompile,   reverse engineer, or disassemble any portion of our Websites or Services. Except   as permitted by applicable law, decipher, decompile, disassemble, or reverse   engineer any of the software comprising or in any way making up a part of the   Services.

· Except   as may be the result of a standard search engine or Internet browser usage,   use, launch, develop, or distribute any automated system including without   limitation any spider, robot, cheat utility, scraper, or offline reader that   accesses the Services, or use or launch any unauthorized script or other   software.

· Use   a buying agent or purchasing agent to make purchases on the Services.

· Make   any unauthorized use of the Services, including collecting usernames and/or   email addresses of users by electronic or other means for the purpose of   sending unsolicited emails or creating user accounts by automated means or   under false pretenses.

· Use   the Services as part of any effort to compete with us or otherwise use the   Services and/or the Content for any revenue-generating endeavor or commercial   enterprise.

· Use   our Websites or Services in an unlawful or fraudulent manner or for such   purposes to collect personally identifiable information or to impersonate   other users.

· Modify   our copyright/trademark or other proprietary rights notices, or interfere   with the security-related features of our Websites or Services (such as those   that prevent or restrict copying Websites content).

· Use   our Websites or Services in any way to manipulate or distort, or undermine   the integrity and accuracy of any reviews and ratings, or take any action to   interfere with, damage, or disrupt any part of our Websites or Services.

· Use   of our Websites or Services to send, knowingly receive, upload/post, or   download any material that does not comply with our content standards.

· Use   of our Websites or Services to transmit or facilitate the transmission of any   unsolicited or unauthorized advertising or promotional material.

· Use   of our Websites or Services to transmit any data or upload to our Websites or   Services any data that contains viruses, Trojan horses, worms, time-bombs,   keystroke loggers, spyware, adware, or any other harmful programs or similar   computer code designed to adversely affect the operation of any computer   software or hardware.

· Use   any robot, spider, other automatic device, or manual process to monitor or   copy our Website pages or the content contained in our Websites or Services,   or use network monitoring software to determine the architecture of or   extract usage data from our Websites or Services.

· You   agree to fully cooperate with us to investigate any suspected or actual   activity that is in breach of these Terms of Use. Violation of any of these   prohibitions may result in the termination of your access to the Services and   may expose you to civil and/or criminal liability.

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (1) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (2) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

We will send you an electronic Design Proof to confirm the details of your Physical Products and/or Digital Services order before completion. You will need to carefully review the Design Proof and immediately alert us to any errors. Any typos or errors shown on the Proof that you don’t alert us prior to Order completion will not be eligible for refund or reprint or digital redesign of your Order.

Physical Products

Production Services: Goods that are Physical Products are designed, edited and prepared for printing by Essentia Design. Final Production Services are completed by one of our third-party Production Partners.

We will send you an electronic Design Proof to confirm the details of your Physical Products order before completion. You will need to carefully review the Design Proof and immediately alert us to any errors. Any typos or errors shown on the Proof that you don’t alert us to prior to Order completion are not eligible for refund or reprint of your Order.

You are required to inspect all Physical Products you receive promptly after delivery is made, and you must notify us by contacting us at Hello@essentiadesign.studio about any alleged defects, non-conformances or damages within ten (10) days following delivery of the Physical Products. If you do not notify us of any problems with your order within ten (10) days after delivery, this will void the product warranty as is the policy of our third-party Production Partners.

The Production Service of Physical Products is provided “as is” and “as available.” Essentia Design disclaims all warranties, whether express or implied, regarding the Service's fitness for a particular purpose or merchantability. Any third-party warranties, if any, are not enforceable against Essentia Design.

Digital Services (QR Codes, Digital Business Cards and Landing Pages)

Goods that are Digital Services include QR Codes (static and dynamic), Digital Business Cards and Landing Pages with varying levels of functionality offered through a Subscription model. 

Digital Service Goods are initially set-up and designed by Essentia Design using the technology and system of our Third-Party Licensor for ongoing functionality. Please refer to the following Subscription section for additional information.

We will send you an electronic Design Proof to confirm the details of your Digital Services order before completion. You will need to carefully review the Design Proof and immediately alert us to any errors. Any typos or errors shown on the Proof that you don’t alert us to prior to Order completion may incur additional service charges to correct later.

You acknowledge that the software and underlying technology used to provide the QR Code and Digital Services contains proprietary intellectual property owned by third-party licensors. Your use of the service grants you a limited, non-exclusive, non-transferable license to use the service for its intended purpose under the terms herein. This agreement does not transfer to you any intellectual property rights in the software or technology.

Your purchase and use of our Digital Service Goods and Subscriptions means you agree not to hold Essentia Design liable for any damage or loss resulting from the Third-Party Licensor’s services or systems, including but not limited to, downtime, security breaches, data loss, or system failures. Essentia Design's liability is limited to the terms explicitly set out in this Agreement.

Subscription Period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription Cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (1) modify the terms and conditions of the Free Trial offer, or (2) cancel such Free Trial offer.

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

· Goods availability

· Errors in the description or prices for Goods

· Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. 

We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

All Goods purchased are subject to a one-time payment. 

Payment can be made through various payment methods we have available, such as Visa, MasterCard, Discover, American Express cards or online payment methods which may include, but are not limited to, PayPal, Square, GoDaddy Payments, GoDaddy Poynt.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel, replace or refund Your Order.

As Our products are customized for You, they are ineligible for return. However, they may be refunded, replaced or cancelled as follows:

Refund or Replacement of Physical Products: We want you to be satisfied with your products. If you receive defective or damaged product(s), contact us at Hello@essentiadesign.studio within ten (10) days of receiving your Order. We will ask you to provide us with photos that we can share with our Production Partner. Please note that any misspellings or other typos that you did not alert us to before approving the final Design Proof that appear on your Physical Products are ineligible for refund or reprint.

If you do not notify us of any problems with your order within ten (10) days after delivery of your Physical Product(s), this will void the product warranty offered by our third-party Production Partners, and you will not be eligible for a refund or reprinting.

Once you have notified us and submitted your photos of the damaged/defective product(s), You may request a full refund of the paid purchase price (including any taxes and an appropriate share of total shipping costs, as our Production Partner may reasonably determine); or request that We place a reorder for you with the same delivery speed that was used for the original order at no additional cost.

If you choose to request a refund instead of a reorder, We will process a reimbursement to You no later than 15 days from the day on which We receive the photographs showing the defective or damaged product(s).

Cancellation of Digital Products Order: This section sets out your cancellation and refund options for QR Codes, Digital Business Cards and Landing Pages. 

We want you to be satisfied with our Digital Products. If you are dissatisfied with your Dynamic QR Codes, Digital Business Cards or Landing Pages, you may cancel your Digital Product Subscription at any time.

Digital Product Subscription Cancellations: You may cancel Your Digital Product Subscription renewal at any time, either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period. 

If a Free option is available, your digital product will be downgraded to this option. If no Free option is available, your live digital product or page will be deleted (if hosted by Essentia Design) and the Dynamic QR Code will be reprogrammed to be reused by another Customer.

Static QR Codes, which have their code embedded, are customized exclusively to You and cannot be edited or reused. They will continue to work as long as the website, landing page or form they are linked to remains active with the same URL. Static QR Codes are ineligible for Cancellation, Return or Refund.

Digital Product Subscription Refunds: Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Your Feedback to Us

To the extent you provide any Suggestions, Comments or other Feedback related to Essentia Design Content, Technology, Services and/or Products, you hereby grant Essentia Design a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable license to copy, display, distribute, perform, modify and otherwise use feedback in any way and without limitation. This includes feedback from your Representatives, including via feedback request services and on social media.

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Essentia Design and its Licensors and Production Partners. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. 

You do not have any right to the Essentia Design Marks other than necessary for you to be able to use the Websites in accordance with these Terms. Essentia Design Marks means the Essentia Design name, Essentia Design logos and any other Essentia Design trademarks, service marks and brand properties (such as domain names and social media assets) use in connection with Essentia Design, the Websites, or any Essentia Design product or service.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Essentia Design.

You acknowledge that the software and underlying technology used to provide the QR Code and Digital Services contains proprietary intellectual property owned by third-party licensors. Your use of the service grants you a limited, non-exclusive, non-transferable license to use the service for its intended purpose under the terms herein. This agreement does not transfer to you any intellectual property rights in the software or technology. 

Our Site, Service, and related content (and any derivative works or enhancements of the same), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, "Site Content"), and all intellectual property rights to the same are owned by Essentia Design, and/or our Licensors, and/or our Production Partners. Except for the limited use rights granted in these Terms of Use, you shall not acquire any right, title, or interest in our Site or Service. Any rights not expressly granted in these Terms of Use are expressly reserved. Nothing in these Terms will transfer Essentia Design’s (or its Licensors’ or Production Partners’) Intellectual Property Rights to you.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.

Digital Millennium Copyright Act (DMCA)

Essentia Design LLC respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, We will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.

Please view our DMCA Policy and contact information for our Copyright Agent here

Rights and Use of the Websites, Essentia Design Templates and Designs 

Essentia Design or its licensors own any and all Intellectual Property Rights in the Essentia Design Templates and Designs.

Except as expressly permitted in these Terms, you shall not otherwise use, copy, modify, adapt or create derivative works of the Essentia Design Designs and Templates.

Subject to removal of any of your branding, Essentia Design reuses the arrangements and assets contained in the Essentia Design Templates with other Essentia Design customers. Except as expressly provided for in these Terms, you do not obtain any rights to or claims over the unbranded Essentia Design Templates through the creation of a Design with your branding and/or the incorporation of these Templates into the Design of final Products. You acknowledge that other Essentia Design customers may use the Templates to create their own Designs and, as such, Essentia Design does not warrant that the Design for you will not have similarities to designs or products created and used by other parties.

Essentia Design hereby grants you a revocable, non-transferable, non-sublicensable, non-exclusive right to access and use the Essentia Design Websites’ Technology, Content, Templates and Designs solely for the purposes of ordering Essentia Design products.

You acknowledge that the QR Code, Digital Business Card and Landing Page Services, including their underlying technology and intellectual property rights, are owned by our Licensor. You are granted a limited, non-exclusive, non-transferable license to use the Service solely in accordance with the terms of this Agreement.

Rights and Use of Customer Assets (for Print Products) 

You are solely responsible for securing and backing up any content you upload to the Websites or via email to Us to use for Your Order, including your Customer Assets.

You and your licensors own any and all Intellectual Property Rights in the Customer Assets and nothing in these Terms will transfer them to Essentia Design.

It is your responsibility, and not Essentia Design’s responsibility, to ensure that you have any and all necessary permissions to use the Customer Assets you provide to Essentia Design, and to comply with Applicable Laws and any third-party terms applicable to the Customer Assets.

If the Design and final Products combine Essentia Design Templates and Customer Assets, it is solely your responsibility to ensure that you can use the final Products as delivered without infringing on the Intellectual Property Rights or any other rights of third parties.

By placing an order and, if applicable, uploading your own Customer Assets, you grant to Essentia Design a royalty-free, fully paid up, worldwide, sublicensable right and license to copy, display, distribute, modify and otherwise use the Customer Assets solely as necessary to provide the Essentia Design products to you.

Customer Assets must: (1) be accurate (where stating facts); (2) be genuinely held (where stating opinions); (3) comply with the law applicable in any country from which it is uploaded. Customer Assets must not: (1) be defamatory of any person; (2) be obscene, offensive, hateful or inflammatory; (3) bully, insult, intimidate or humiliate; (4) promote sexually explicit material; (5) include child sexual abuse material; (6) promote violence; (7) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (8) infringe any copyright, database right or trademark of any other person; (9) be likely to deceive any person; (10) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (11) promote any illegal content or activity; (12) be in contempt of court; (13) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; (14) be likely to harass, upset, embarrass, alarm or annoy any other person; (15) impersonate any person or misrepresent Customer’s identity or affiliation with any person; (16) advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; (17) contain a statement which Customer knows or believes, or has reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism. Essentia Design, its Production Partners and/or Licensor will determine, in their discretion, whether Customer Assets breach this clause.

You warrant, represent and undertake that: (1) you have full right, power and authority to use Customer Assets in connection with the Websites and Essentia Design Products, including all applicable licenses of Intellectual Property Rights; (2) the use of Customer Assets in connection with the Websites and Essentia Design Products does not breach any Applicable Laws governing personal, confidential, secret or classified information; (3) the use of Customer assets in connection with the Websites and Essentia Design Products does not infringe the Intellectual Property Rights of any third party or conflict with any third party obligations to which you are subject; (4) the Customer Assets don’t breach the content standards listed in the previous clause.

You shall indemnify Essentia Designs against Losses suffered or incurred by Essentia Design arising out of or in connect with: (1) any claim or allegation made by a third party against Essentia Design that Customer Assets or their incorporation in to the Essentia Design Products infringe the Intellectual Property Rights of a third party; (2) any claim or allegation made by a third party or any governmental or regulatory authority against Essentia Design that Customer Assets or their incorporation into the Essentia Design Products breach any Applicable Laws governing personal, confidential, secret or classified information; and/or (3) a breach of the content standards as stated previously in these terms.

Disclaimer of Warranties

The Production Service of Physical Products is provided “as is” and “as available.” Essentia Design disclaims all warranties, whether express or implied, regarding the Service's fitness for a particular purpose or merchantability. Any third-party warranties, if any, are not enforceable against Essentia Design.

Your Use of our QR Code and Digital Product Services

To access or use some content or features of our Site or Service, you may choose to provide Essentia Design and Our Licensors with certain information, we may require you to provide certain information or require that you establish an account with us through registration. Your access to certain content or features may be limited if you are not 18 years of age or older or the legal age in your jurisdiction to form a legally binding agreement or for other reasons. 

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Whenever you submit information to us, you agree to provide true, accurate, and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.

We may also impose restrictions on your ability to establish an account (e.g., age limits, restrict business entities from setting up accounts, limitations on the number of accounts, etc.). When registering an account, you may need to select a username ("ID") and password. You are responsible for keeping your ID, password, and other account information confidential and are fully responsible for all activities that occur under your account, whether or not you authorized such activities. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by sending an email to us at hello@essentiadesign.studio 

Disclaimer of Warranties

The service is provided "as is" and "as available." While we strive to provide a reliable service, we are not the original developer or manufacturer of all its components. We do not warrant that the service will be uninterrupted, secure, or free from errors or defects. To the fullest extent permitted by law, Essentia Design LLC disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

Uploading Data and Using Communication Services

Some of our features or services may allow you to communicate with or upload data of other users or entities, such as, but not limited to, your employer, employees, clients, potential clients and associates. You are responsible and liable for obtaining the consent of those users or entities whose data you are uploading or communicating with. You shall defend, indemnify, and hold Essentia Design and Our Licensor completely harmless from any consequences of uploading such data or communicating to such users or entities through our services.

If you provide, enter or upload any data of other users or clients, from a GDPR compliance liability perspective, you agree that you have the appropriate rights and permissions to the data and that you may be considered as the data controller, and Essentia Design and Our Licensor may just act as the data processor. You indemnify Essentia Design from any claims, including GDPR or other privacy law violations.

QR Codes

You understand that, on our Websites or via our Service, any data used to create the QR Code or to create any of the landing pages of the QR Code, such as but not limited to Digital Business Cards, Product Pages, Forms, Invitations, is visible and accessible to anyone scanning the corresponding QR Code or corresponding URL of the QR Code. Such data will be considered as Public. Therefore, You must not use any sensitive, private and/or confidential data for the QR Code(s) or for the landing page(s). You must also hold Essentia Design and Our Licensor harmless and indemnify us for any liabilities, damages, losses, claims, disputes, or legal actions that arise directly or indirectly for any inclusion of such data.

If you delete your dynamic QR Codes(s) or your digital Landing Pages with Essentia Design, the short URLs associated with your QR Codes will be recycled and may be claimed by other Essentia Design users. You will no longer have any rights to those short URLs.

Forms and Data Input for Landing Pages

You understand and agree that any data you submit for your Landing Page, via any submission mechanism such as but not limited to forms and similar features provided by Us, will be accessible to the account owner who created or has access to the corresponding landing page or form. This data may be fully managed, controlled, and utilized by the account owner. Essentia Design has no control over what users input into these forms and landing pages and is not responsible for the accuracy, legality, sensitivity, or appropriateness of any data uploaded or submitted by users. Accordingly, Essentia Design shall not be liable for any misuse, unauthorized disclosure, or inappropriate handling of any data uploaded or submitted by users.

The privacy policy and terms of use governing this data may be determined solely by the corresponding account owner (and the QR Code editor in case edit-access is shared), provided they do not conflict with these Terms and Conditions or Our Privacy Policy. In the event of any conflict between the terms and policies set by the account owner and those stated in these Terms, the Terms and Conditions stated here will prevail. For the purposes of GDPR compliance, such account owners may be considered Data Controllers, while Essentia Design and Our Licensor act solely as a Data Processor, without any liability regarding the data’s management or misuse.

Essentia Design LLC expressly disclaims any responsibility for any losses, damages, claims, disputes, or legal actions that may arise directly or indirectly due to the handling, processing, or misuse of such data by the account owner or any third party. You agree to indemnify, defend and hold Essentia Design and Our Licensor harmless against any liabilities, damages, losses, claims, disputes, or legal actions that result from the collection, use, handling, or misuse of the data submitted via our services such as but not limited to forms, form features, and landing pages.

For any data deletion requests or other concerns related to data submitted, you should contact the owner of the form directly, as Essentia Design and/or Our Licensor does not manage or control such data once it has been submitted.

If you are the account owner or have access to a shared account that created or has access to the form data, you agree to release Essentia Design and Our Licensor from any direct or indirect liability and agree to indemnify, defend, and hold Essentia Design and Our Licensor harmless against any liabilities, damages, losses, claims, disputes, or legal actions arising from the use, handling, processing, or misuse of the data submitted by any users. You further agree and accept that you are solely responsible for implementing appropriate security measures and safeguards against the leakage, misuse, unauthorized access, or any other compromise of such data when you access or download it from the Websites or via Our Services.

Furthermore, you agree that any privacy policy and terms of use that you establish for data submitted via forms or similar mechanism must not violate any of the Terms and Conditions provided here. In the event of any conflict, the Terms and Conditions on this page shall take precedence. Essentia Design reiterates that it has no control over what users input into these forms and landing pages and is not responsible for the accuracy, legality, sensitivity, or appropriateness of any data uploaded or submitted by users. You agree to indemnify, defend, and hold Essentia Design and Our Licensor harmless against any liabilities, damages, losses, claims, disputes, or legal actions that result directly or indirectly from the data, including but not limited to the use, handling, processing, or misuse of the data submitted via out forms or landing pages.

Information available through our Websites or Service is for marketing, promotional, educational, entertainment and legitimate purposes only. While we make efforts to ensure that the information provided by us is accurate, we do not represent or warrant that any User Content or Site Content is accurate, complete or current. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness or usefulness of Site Content, User Content, and other information and opinions expressed through our Site or Service. You are solely responsible for any actions or decisions you take based on materials and information available through our Websites and Services and should conduct your own research and investigation as appropriate.

If there is a dispute between you and anyone accessing our Websites or Services, or you and any third party in connection with our Site or Services, you understand and agree that we are under no obligation to become involved. In such instances, you hereby indemnify and release Essentia Design and its officers, directors, employees, contractors, licensors, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

We may now or in the future permit you to post, upload, transmit through, or otherwise provide through our Websites and Services (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (such as your name, email address, business name, your brand, logo, or name of your employer, etc.), and other content (collectively, “User Generated Content” or “UGC”). For example, any comment, rating or review of a product or a merchant that you post through our Websites or Services is your UGC.

You agree not to submit any UGC protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your UGC. 

You indemnify Essentia Design against any liabilities, damages, losses, claims, disputes, or legal actions that arise directly or indirectly from any such actions. Furthermore, you represent and warrant that your UGC:

· Will be, in the context of reviews and ratings, based upon an actual shopping experience with the relevant merchant or third party, accurate (where facts are stated), reflect opinions genuinely held by you, and comply with all applicable laws.

· Will be truthful, non-misleading and non-deceptive.

· Will not contain any material that is tortious, defames or invades the privacy of any person, obscene, offensive, hateful or inflammatory.

· Will not promote sexually explicit material or violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

· Does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence.

· Will not be threatening, abusive, or invade another’s privacy, or provided with an intent to harass, upset or embarrass any other person.

· Will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else.

· Will not advocate, promote, or assist any unlawful act, including but not limited to criminal acts, copyright infringement, computer misuse.

We reserve the right to monitor, edit, or remove any UGC that violates the letter or spirit of these Terms for any other lawful reason, at our sole discretion, without notice. You acknowledge that we may remove, delete, or refuse to display any UGC for any reason, including content we consider, in our sole judgement, to be inappropriate, objectionable, or in violation of these Terms. Additionally, by submitting UGC, you grand Us the right to use, reproduce, modify, distribute, display and perform such content as necessary for our operational purposes, including but not limited to, content moderation, storage, backups, and other administrative or technical purposes, without compensation or further permissions from you.

We do not claim ownership of your UGC. However, by submitting UGC, you automatically grant or warrant that the owner of the content has expressly granted us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (e.g., translations of, etc.), publicly display/perform, transmit and publish the UGC (in whole or in part) as We, in our sole discretion, deem appropriate in connection with our business and operations. This includes the right to use your UGC in our advertising, marketing and promotional purposes for the Websites and Services, without compensation or further permissions from you. 

Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the UGC. This grant of rights is subject to applicable privacy laws, and We will ensure that any use of UGC does not conflict with the User’s rights under local and international privacy laws.

By submitting UGC, you also grant us the right, but not the obligation, to use your biographical or other information about you as included in your UGC, including without limitation, all of some of your name, alias, nickname and general geographical location (first name, last initial and country such as “John S. – USA”), in connection with broadcast, print, online, or other use or publication of your UGC consistent with the license granted in the previous paragraph.

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

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.

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Any limitation, suspension, or termination we impose shall not alter your obligations to us under these Terms of Use. The provisions of these Terms of Use, which by their nature should survive any such action on our part, shall survive, including, but not limited to, the rights and licenses that you have granted to us in your User Content and provisions relating to indemnities, releases, disclaimers, limitations on liability and all of the miscellaneous provisions in this document.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive redress.

In the event that your account is determined to have been involved in phishing, hacking, or any other fraudulent activities, We reserve the right to permanently suspend your account and pursue legal action as deemed appropriate, including notifying law enforcement authorities.

Notwithstanding any damages that You might incur, the entire liability of Essentia Design and any of its suppliers, Production Partners and Licensors under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers, Production Partners and Licensors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective Licensors, Production Partners and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's providers, Production Partners or Licensors makes any representation or warranty of any kind, express or implied: (1) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (2) that the Service will be uninterrupted or error-free; (3) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (4) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

You represent and warrant that (1) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (2) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

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.

We 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.

If you have any questions about these Terms and Conditions, You can contact us:

By email: hello@essentiadesign.studio

By visiting this page on our website: https://essentiadesign.studio/contact-us