Terms of Service

Terms of Service

Welcome to Whale Design!

These Terms of Service ("Terms") constitute a legal agreement between you ("User" or "you") and Whale Design ("Whale Design," "we," "us," or "our"), governing your use of our website located at [website URL] (the "Site") and any services provided by Whale Design through the Site (the "Services"). By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use the Site or Services.

1. Scope of Services

Whale Design specializes in digital product design consultation and services, encompassing areas such as graphic design, product design, and other related services as outlined on the Site. We strive to provide high-quality, innovative, and customized solutions to meet our clients' unique needs.

2. Account Creation and Use

  • To access certain features of the Site or Services, you may be required to create an account ("Account").
  • You must provide accurate, current, and complete information during the registration process and keep your Account information updated.
  • You are responsible for maintaining the confidentiality of your Account password and for any activities that occur under your Account.
  • You may not use anyone else's Account, and you may not allow others to use your Account.

3. User Conduct

  • You agree to use the Site and Services only for purposes that are legal, proper, and in accordance with these Terms.
  • You shall not engage in any conduct that could damage, disable, overburden, or impair the Site or Services, or interfere with any other party's use and enjoyment of the Site or Services.
  • You may not upload, post, or transmit any content that is unlawful, defamatory, libelous, obscene, pornographic, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, or otherwise objectionable.

4. Intellectual Property Rights

  • All content and materials on the Site, including but not limited to text, graphics, logos, images, software, audio, video, and compilations (collectively, the "Content"), are owned, controlled, or licensed by Whale Design and are protected by copyright, trademark, patent, and other intellectual property laws.
  • You may use the Content solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact.
  • Any unauthorized use of the Content is strictly prohibited and may violate copyright, trademark, and other laws.

5. Payment and Fees

  • For paid Services, you agree to pay all applicable fees and charges as outlined on the Site or in any agreement between you and Whale Design.
  • Fees may be subject to change without notice.
  • You are responsible for any taxes associated with your use of the Services.

6. Termination

  • We may terminate your Account or access to the Site or Services at any time, with or without cause, and with or without notice.
  • Upon termination, you must immediately cease using the Site and Services and delete or destroy any copies of the Content in your possession or control.

7. Limitation of Liability

  • To the fullest extent permitted by law, Whale Design shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other tangible or intangible losses, arising out of or related to your use of the Site or Services.
  • Whale Design does not guarantee the accuracy, completeness, or timeliness of the Content or the results obtained from using the Services.

8. Indemnity

You agree to indemnify, defend, and hold harmless Whale Design and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or in any way related to your use of the Site or Services, your violation of these Terms, or your infringement or violation of any third-party rights.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Country/State], without giving effect to any principles of conflicts of law. Any dispute arising out of or related to these Terms or your use of the Site or Services shall be resolved exclusively in the courts located in [City/State], and you hereby consent to the personal jurisdiction and venue of such courts.

10. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site or Services after we post any modifications to these Terms constitutes your acceptance of the modified Terms.

11. Entire Agreement

These Terms constitute the entire agreement between you and Whale Design regarding your use of the Site and Services and supersede all prior and contemporaneous agreements, understandings, and representations.

Contact Us

If you have any questions or concerns about these Terms or your use of the Site or Services, please contact us at [contact email or phone number].

Effective Date: [Insert Date]

Please note that this is a sample Terms of Service agreement and may not cover all the specific legal requirements for your business. It is advisable to consult with a legal professional to tailor the terms to your needs and ensure compliance with applicable laws.