Terms

These Terms of Service (this “Agreement”) between Openprest® (“we”, “us” or “Openprest”) and you govern your access and use of our Studio as a Service platform made available through the website https://openprest.com (this “Site”) and the subscription or other services we provide (the “Services”). By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check the “Terms of Service” link on the home page each time you visit this Site, so you are aware of any updates.

We may revise the Terms from time to time. If a revision is material, as determined solely by us, we will notify you (for example via email to the email address associated with your account). The most current version will always be posted on our Terms page. By continuing to use Openprest after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using Openprest.

Our privacy policy, which can be found at https://openprest.com/privacy-policy/ (the “Privacy Policy”), describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately. You must be at least age 18 to access this Site.

You may use the Services for any number of projects and scope that you have that you have subscribed for under the applicable plan and as are appropriate based on the size of your account. While we accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines, but we suggest you do not use our Services for time-sensitive projects.

The speed of your account is determined by how many subscriptions you have. A subscription is a measurement of output and represents what we can accomplish in a business day, with our team, our software, and our graphic design platform. What we can create with a single subscription depends on many factors, including, but not limited to: (i) the type of plan; (ii) the volume of requests; (iii) and the complexity of requests. We do not guarantee the amount of work that we can create with a single subscription. To increase the volume of work we can complete within a business day, we suggest you to upgrade to a premium plan.

You are the owner and/or controller of all of your information, data or materials that you provide to us to use the Services (“Customer Content”). By submitting Customer Content to us, you are representing that you are the owner of such Customer Content and/or have the necessary rights, licenses, and authorization to distribute it. You grant us a worldwide, royalty free, non-exclusive license to access and use Customer Content to provide the Services.

You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the deliverables, including all intellectual property rights therein. We agree that with respect to any deliverables that may qualify as “work made for hire” as defined in 17 U.S.C. §101, such deliverables are deemed a “work made for hire” for you. To the extent that any deliverables do not constitute a “work made for hire,” we irrevocably assign you all right, title, and interest throughout the world in and to the deliverables, including all intellectual property rights therein.

In the course of providing the Services, we may use certain pre-existing materials. We and our licensors are, and will remain, the sole and exclusive owners of all right, title, and interest in and to any pre-existing materials. We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Services or deliverables. We expressly reserve all other rights in and to such pre-existing materials.

Openprest® does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Service, without notice and liability for any reason.

In the event that any Project incorporates fonts that are not owned by Openprest® and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Openprest® 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 Openprest® 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.

Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Request”) shall be the sole property of Openprest and Openprest is under no obligation to keep a Request confidential or take steps necessary to ensure the confidentiality of a Request. Openprest shall be the sole and exclusive owner of all rights related to the Request except to the extent that rights are granted to Client and shall at its sole and unrestricted discretion use and disseminate a Request 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 Request and Client hereby waives all claims and recourse against Openprest for its use of the Request in accordance with the terms hereof and in its sole discretion hereafter.

Openprest reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by Openprest are ownership of the company and are prohibited from being used by the Client in any way. Openprest reserves the right to take appropriate legal actions against Client for breach of this paragraph.

Openprest does not guaranty 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 Openprest’s control. Client agrees that Openprest shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Openprest shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Openprest from any such loss or corruption.

For purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, research, images, development, design details and specifications, and marketing plans.

You hereby grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, publish, and display any deliverables that we develop in connection with the Services for the purpose of marketing and advertising. The Client reserves the right to issue an NDA between themselves and Openprest, which in turn would void the right of Openprest to share or discuss Client's work publicly.

You agree to defend, indemnify and hold harmless Openprest, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Websites by you. Openprest reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Superside with such cooperation as is reasonably requested by Openprest.

This Agreement will expire and terminate upon the expiration or termination of your account or subscription to a Service. All sections of this Agreement which by their nature should survive termination will survive termination, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Websites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.

We may terminate this Agreement at any time upon notice if you default or breach this Agreement. Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement relating to such Service will immediately terminate, you will lose all access to the applicable Service, including access to your account and Customer Content or other files. If we terminate the Agreement for your breach, any licenses to Licensed Content will terminate.

Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Websites, and/or the provision of content, services, and/or technology on or through the Websites shall be governed by and construed exclusively in accordance with the laws and decisions of the Country of Switzerland applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to and submit to the exclusive jurisdiction in the state or federal courts located in Switzerland for any and all disputes, claims and controversies arising out of or relating to these Terms (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation. You waive their right to a jury trial.

Please report any violations of these Terms to legal@openprest.com

These Terms and any operating rules for the Websites established by us constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of Openprest, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.

As part of Openprest, we might use stock material covered under specific licenses, if required by and agreed with you. Please note that we are not permitted to transfer stock source files to you; purchased licenses only allow Openprest to make use of or edits to the stock content, so if you would like to reuse a source file or apply it differently, you will need to ask Openprest to do so on your behalf to avoid potentially being in violation of content licenses. As our customer, you are responsible for the correct use under the respective licenses.

Openprest shall bear no responsibility whatsoever should your initial intended use for any project change and should the license(s) and/or usage(s) secured for you by Openprest be inadequate for your altered intended use of any project. You warrant and represent that you own the intellectual property right(s), or possess the appropriate license(s) and/or usage(s), for any and all Third-Party Materials provided by you to Openprest and which are incorporated in any project.