THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between BETTOR DESIGN, a company organized under the laws of the State of Massachusetts (“Bettor Design”) and the client, whether personally or on behalf of an entity (“Client”), regarding access and use of Bettor Design’s website: www.bettor.design (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 Bettor Design shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Bettor Design for services rendered shall remain and continue to be an ongoing obligation owed by Client to Bettor Design.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Bettor Design, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Bettor Design and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, 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 Bettor Design’s express prior written permission. Bettor Design reserves all rights in the Website, Content, and Marks.

2. Ownership of Materials

Notwithstanding Bettor Design’s ownership of Submissions, all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Bettor Design to become the owner of a Project, in whole or in part, rather than Client, Bettor Design irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Bettor Design as examples or as material to be incorporated into a project during the design process are owned by 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. Bettor Design always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 22 of this document.

3. Usage of Third-Party Stock Photos and Resources

1. **Stock Photo Licenses**:

    - Bettor Design utilizes various third-party stock photo and resource providers, including but not limited to Freepik and Envato Elements, to enhance the visual appeal and functionality of the Projects.

    - The use of these resources is governed by the licensing terms of the respective providers, which Bettor Design adheres to strictly.

2. **Client Usage**:

    - The Client is granted the right to use the stock photos and resources incorporated into the Projects delivered by Bettor Design for the intended purpose of the project. This includes, but is not limited to, use on websites, social media, marketing materials, and other digital or print media.

    - Redistribution or resale of the standalone stock photos or resources provided by Bettor Design as part of a project is prohibited, unless explicitly permitted by the licensing terms of the third-party provider.

3. **Attribution**:

    - Unless otherwise specified, no attribution is required for the use of stock photos and resources incorporated into the Projects by Bettor Design under the terms of Bettor Design's subscriptions with Freepik, Envato Elements, and similar providers.

4. **Re-licensing Requirements**:

    - If the Client intends to use the stock photos or resources provided in a manner that exceeds the scope of the initial project or involves high-volume distribution, it may be necessary to re-license these assets through the respective third-party provider. Bettor Design will inform the Client if such re-licensing is required.

5. **Liability**:

    - Bettor Design is not liable for any misuse of the third-party stock photos and resources by the Client that falls outside the agreed scope of the project or violates the terms of the third-party provider’s license.

    - The Client assumes full responsibility for ensuring compliance with all applicable licensing terms and conditions when using stock photos and resources provided by Bettor Design.

4. Use of AI-Generated Art

1. **AI Art Sources**:

    - Bettor Design utilizes AI-generated art from platforms such as Midjourney and DALL-E, among others, to enhance the visual appeal and functionality of the Projects.

2. **Licensing and Ownership**:

    - AI-generated art provided by Bettor Design is subject to the licensing terms and conditions of the respective AI art platforms.

    - The Client is granted the right to use the AI-generated art incorporated into the Projects for the intended purpose of the project, including but not limited to, use on websites, social media, marketing materials, and other digital or print media.

    - Redistribution or resale of the standalone AI-generated art provided by Bettor Design as part of a project is prohibited, unless explicitly permitted by the licensing terms of the respective AI art platform.

3. **Attribution**:

    - Unless otherwise specified, no attribution is required for the use of AI-generated art incorporated into the Projects by Bettor Design under the terms of the respective AI art platform’s licenses.

4. **Re-licensing Requirements**:

    - If the Client intends to use the AI-generated art provided in a manner that exceeds the scope of the initial project or involves high-volume distribution, it may be necessary to re-license these assets through the respective AI art platform. Bettor Design will inform the Client if such re-licensing is required.

5. **Liability**:

    - Bettor Design is not liable for any misuse of the AI-generated art by the Client that falls outside the agreed scope of the project or violates the terms of the respective AI art platform’s license.

    - The Client assumes full responsibility for ensuring compliance with all applicable licensing terms and conditions when using AI-generated art provided by Bettor Design.

6. **Ethical Use and Compliance**:

    - Bettor Design ensures that all AI-generated art used in Projects adheres to ethical standards and complies with the terms of service and use policies of the respective AI art platforms.

    - The Client agrees to use AI-generated art in accordance with applicable laws, regulations, and ethical guidelines.

5. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Bettor Design and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Fonts”), Bettor Design will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that 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 Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Bettor Design has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

6. User Representations

By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; Client’s use of the Website will not violate any applicable law or regulation.

7. Prohibited Activities

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 that are specifically endorsed or approved by Bettor Design. Further, Client agrees to refrain from the following: Make any unauthorized use of the Website; Retrieve data or content for the purposes of creating or compiling a database or directory; Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud or mislead Bettor Design or other users; Interfere with, disrupt or create an undue burden on the Website or Bettor Design’s networks or servers; Use the Website in an effort to compete with Bettor Design; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; Harass, annoy, intimidate or threaten any of Bettor Design’s employees, independent contractors or agents providing services through the Website; Delete the copyright notice from any Content; Copy or adapt the Website’s software; Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism; Disparage, tarnish or otherwise harm Bettor Design; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.

8. Turnaround Times for Design Tasks

1. **Average Turnaround Time**: - Bettor Design aims to complete design tasks within an average turnaround time of 48 hours. This timeframe is an estimate and may vary depending on the specific requirements and complexity of each task.

2. **Complexity and Duration**: - Some design tasks may take longer to complete due to their complexity and the level of detail required. Bettor Design will communicate any expected delays to the Client as soon as possible.

3. **Client Responsibilities**: - Timely feedback and approval from the Client are crucial to meeting the estimated turnaround times. Delays in providing necessary information or approvals may extend the completion time of the project.

9. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions, or other feedback regarding the services provided by Bettor Design (each a “Submission”) shall be the sole property of Bettor Design. Bettor Design is under no obligation to keep a Submission confidential or to take steps necessary to ensure the confidentiality of a Submission. Bettor Design shall be the sole and exclusive owner of all rights related to the Submission 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. Client agrees that it has the right to articulate and put forth the Submission and hereby waives all claims and recourse against Bettor Design for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

10. Management and Oversight

Bettor Design reserves the right to monitor the Website and services for violations of these Terms of Use and to take appropriate legal action in response to any violations. Bettor Design further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decisions shall be in the sole discretion of Bettor Design, without notice or liability to the Client. All decisions regarding the management of the Website and services shall be designed to protect Bettor Design’s rights and property.

11. No Code Website Requests

When a Client requests the creation of a No Code Website using www.framer.com, Bettor Design will assist in the site's design. However, the Client will be solely responsible for all associated hosting costs directly with www.framer.com. Bettor Design is not liable for any issues related to the services provided by www.framer.com, including but not limited to website downtime or data loss. Client agrees to maintain their hosting account in good standing and adhere to the terms of service of www.framer.com.

12. Privacy Policy

By using the Website, the Client agrees to be bound by Bettor Design’s Privacy Policy, which governs the collection, use, and protection of personal information. The Website is hosted in the United States, and access from regions with different laws regarding data collection and use may apply. Client’s continued use of the Website and transfer of data to the United States constitutes express consent to the processing of data in the United States.

13. Returns and Refunds

Bettor Design reserves the right to deny refund requests at its discretion. Should a refund be issued, it may be subject to a processing fee as determined by Bettor Design. Client understands that all decisions regarding refunds and returns are final and binding.

14. Modifications to Terms

Bettor Design reserves the right to modify these Terms at any time. Such modifications will be effective immediately upon posting on the Website. Client’s continued use of the Website and services following any such modification constitutes acceptance of the new Terms.

15. Service Interruptions

Bettor Design does not guarantee that the Website or any associated services, including third-party services such as Zendo, will be available at all times. Interruptions and delays in service may occur, and Bettor Design is not liable for any disruption or loss you may suffer as a result. Efforts will be made to minimize any disruption where it is within Bettor Design’s control. However, Bettor Design cannot be held responsible for service interruptions or performance issues caused by Zendo or any other third-party services.

16. Litigation

Any legal action of whatever nature shall be brought in the state courts of Worcester County, Massachusetts, or in the United States District Court for the District of Massachusetts. 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.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of law provisions.

18. Dispute Resolution

Any disputes arising under these Terms will be resolved in the state or federal courts located in Worcester County, Massachusetts. Clients consent to the jurisdiction and venue of such courts.

19. Disclaimer of Warranties

Bettor Design provides its Website and services on an "as is" and "as available" basis. Bettor Design makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content, materials, or products included on this site.

20. Limitations of Liability

Bettor Design will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software), or services included on or otherwise made available to you through this site, including direct, indirect, incidental, punitive, and consequential damages.

21. Indemnification

Client agrees to indemnify and hold harmless Bettor Design and its employees, contractors, and agents from any claim or demand made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

22. Showcasing Work

Bettor Design reserves the right to display and promote the work produced for the Client in any portfolio, social media, or advertising unless otherwise agreed upon with a signed Non-Disclosure Agreement.

23. Third-Party Services and Partners

Bettor Design utilizes various third-party services and partners to enhance its offerings and deliver a comprehensive experience. One such partner is Zendo.io, which we use for managing creative requests. While using our service, some interactions may occur on third-party platforms under their own Terms of Use and Privacy Policies. We encourage you to review the Terms and Conditions and Privacy Policies of these third-party platforms. Bettor Design is not responsible for the content, practices, or operations of these third-party services. Reliance on any third-party services shall be solely at your own risk.

24. Integration of Third-Party Services

Bettor Design utilizes various third-party services and partners to enhance its offerings and deliver a comprehensive experience. One such partner is Zendo.io, which we use for managing creative requests. While using our service, some interactions may occur on third-party platforms under their own Terms of Use and Privacy Policies. We encourage you to review these Terms and Conditions and Privacy Policies.

Our service integrates tools and platforms provided by third parties, which may necessitate the transfer, storage, or processing of your personal information by these third parties. Bettor Design is not responsible for the content, practices, or operations of these third-party services. Reliance on any third-party services shall be solely at your own risk. Please be aware that our terms and privacy practices do not extend to third-party providers, even when accessed through our service.

25. Contact Information

For any questions, concerns, or complaints regarding these Terms, please contact Bettor Design at hello@bettor.design.