This Terms of Use Agreement (the "Agreement") constitutes a legally binding agreement by and between Ajyco LLC, a limited liability company organized under the laws of the United Arab Emirates ("Ajyco") and the client, whether personally or on behalf of an entity ("Client"), with regard to access and use of Ajyco's website: https://www.ajyco.com/ (the "Website") and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client's use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Ajyco shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Ajyco for services rendered shall remain and continue to be an ongoing obligation owed by Client to Ajyco.
Unless otherwise indicated, the Website is the property of Ajyco and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the "Content") and the trademarks, service marks, and logos contained there (the "Marks") are owned and controlled by Ajyco and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United Arab Emirates, foreign jurisdictions, and international conventions. The Content and Marks are provided "As-Is" for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Ajyco's express prior written permission. Ajyco reserves all rights in the Website, Content, and Marks.
Notwithstanding Ajyco's ownership of Submissions, as described in Paragraph 4 ("Client Feedback"), all design and original source files created on Client's behalf ("Projects") belong to the Client, and the Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Ajyco to become the owner of a Project, in whole or in part, rather than Client, Ajyco irrevocably and perpetually assigns its entire interest in the Project to the Client, without limitation. Client warrants that any and all materials provided to Ajyco as examples or as material to be incorporated into a project during the design process are owned by the Client and do not infringe on or misappropriate any third party's rights, including, but not limited to, all intellectual property rights and any right of publicity. Ajyco always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
In the event that any Project incorporates fonts that are not owned by Ajyco and require a commercial license in order for the Client to legally reproduce, distribute, or publicly display the Project ("Third-Party Font(s)"), Ajyco will inform the Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that the Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third-Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for the Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Ajyco has informed the Client of the incorporation of Third-Party Fonts as described above, the Client assumes all responsibility for any consequences as a result of a failure by the Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
By using the Website, Client represents and warrants that:
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Ajyco on behalf of the Client. Further, Client agrees to refrain from the following:
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a "Submission") shall be the sole property of Ajyco and Ajyco is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Ajyco shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to the Client under Paragraph 2 ("Ownership of Materials"), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Client. The Client agrees that it has the right to articulate and put forth the Submission and the Client hereby waives all claims and recourse against Ajyco for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
Ajyco reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. Ajyco further reserves the right to restrict or deny access to the Website or disable the Client's use of the Website. Such a decision shall be in the sole discretion of Ajyco, without notice or liability to the Client. All decisions regarding the management of the Website shall be at the sole discretion of Ajyco and shall be designed to protect Ajyco's rights and property.
By using the Website, the Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access to the Website from the United Arab Emirates, Asia, or other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States that govern personal data collection, use, or disclosure. The Client's continued use of the Website and transfer of data to the United States constitutes express consent of the Client to the transfer and processing of data in the United States. Ajyco does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States' Children's Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Ajyco without parental consent, Ajyco shall delete that information as soon as reasonably practical.
Ajyco reserves the right to deny refunds based on its own self-discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. Should the Client request a refund during the first month of use, all materials produced by Ajyco are ownership of the company and are prohibited from being used by the Client in any way. If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period. Ajyco reserves the right to take appropriate legal actions against the Client for breach of this paragraph.
Ajyco reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. Ajyco reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.
Ajyco does not guarantee or warrant the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond Ajyco's control. The Client agrees that Ajyco shall not be liable to the Client for any loss, damage, or inconvenience caused by the Client's inability to access or use the Website during any interruption in the connection or service.
These Terms of Use shall be governed by and construed in accordance with the laws of the United Arab Emirates without regard to conflict of law principals.
Any legal action of whatever nature shall be brought in the state courts of Dubai, United Arab Emirates, or in the United States District Court for the District of Dubai. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
The Website is provided on an as-is, as-available basis. The Client agrees that its use of the Website and Services are at the Client's sole risk. Ajyco disclaims all warranties, express or implied, in connection with the Website and the Client's use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Ajyco makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Ajyco assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Ajyco's secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. Ajyco does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.
Ajyco and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures, or other damages or losses arising from the Client's use of the Website. The Client agrees to defend, indemnify, and hold harmless Ajyco and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of the Client's representations and warranties set forth herein; (4) the Client's violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Ajyco reserves the right, at the Client's expense, to assume control and defense of any matter for which the Client shall be required to indemnify Ajyco hereunder. The Client agrees to cooperate with the defense of such claims.
The Client is solely responsible for all data transmitted to or that relates to any activity the Client has undertaken using the Website. Ajyco shall have no liability to the Client for any loss or corruption of any such data, and the Client hereby waives any right of action against Ajyco from any such loss or corruption.
The Client hereby consents to receive electronic communications from Ajyco, and the Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. The Client hereby agrees 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 Ajyco or through the Website. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which 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.
Ajyco reserves the right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Ajyco, which in turn would void the right of Ajyco to share or discuss Client's work publicly.
Referral tracking and payouts are handled through our third-party partner, Rewardful.com.
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Ajyco. Failure of Ajyco to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between the Client and Ajyco.
For questions and comments, please contact Ajyco at:
Email: aj@ajyco.com
Phone: +(971) 547 909 414 | +(34) 655 88 00 44
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