TERMS OF SERVICE

Our Terms of Service page outlines the rules and guidelines that govern your use of our website and services. Please take a moment to familiarize yourself with these terms to ensure a smooth and transparent experience. By accessing and using Floggats.com, you agree to abide by these terms, fostering a collaborative and mutually beneficial relationship between you and Floggats.

Our Terms

Terms and Acceptance:

By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Floggats and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local and international laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site and must discontinue use immediately. The materials contained in this website are protected by applicable copyright and trademark law. Floggats may change these terms at any time by updating this page. You should visit this page periodically to review these conditions, as they are binding to you. In addition, you understand and acknowledge that every time you log in into our platform or send any requests through it you are legally bound by these terms and conditions.

Intellectual Property Rights:

  • Intellectual Property (IP) at Floggats.com encompasses all content on the website, including but not limited to text, graphics, logos, images, audio clips, and software. This IP is the exclusive property of Floggats or its content suppliers and is protected by international copyright laws. Users are explicitly prohibited from reproducing, distributing, modifying, or using any content without obtaining prior written consent from Floggats.

    Ownership and Usage Rights: Users retain ownership of any original content they provide to Floggats for project purposes. However, by engaging with our services, users grant Floggats a non-exclusive, royalty-free license to use, reproduce, adapt, and publicly display the provided content solely for the purpose of delivering the agreed-upon services.

    Usage Permissions: Floggats may use project deliverables, excluding any confidential or proprietary information, for promotional purposes unless explicitly stated otherwise in writing. This may include showcasing completed work on our website or in marketing materials.

    Trademark Usage: Any trademarks or service marks displayed on Floggats.com are the property of their respective owners. The use of these marks does not imply endorsement or sponsorship by the trademark owners. Floggats respects intellectual property rights and encourages users to do the same.

Payments, Accounts, and Refunds:

Payments for services rendered by Floggats are a critical aspect of maintaining our business operations. To ensure clarity and fairness, our approach to payments, accounts, and refunds is outlined below.

Invoice Terms: Users will receive invoices detailing the scope of work, costs, and payment terms. Payment is due according to the terms specified on the invoice. Floggats reserves the right to suspend or terminate services for accounts with overdue payments.

Account Suspension and Termination: Failure to make timely payments may result in the suspension or termination of user accounts. Accounts suspended due to late payments can be reactivated upon settlement of outstanding balances.

Refund Policy Overview: Our Refund Policy governs the circumstances under which users may request refunds for services. It is crucial for users to familiarize themselves with this policy to understand the criteria and process for refund requests.

Refund Policy Requirements:

Our Refund Policy is designed to balance the needs of our users with the resources required to deliver quality services. To initiate a refund, users must meet the following requirements:

Service Evaluation: Users must provide a detailed explanation of the reasons for requesting a refund, including specific issues or challenges encountered during the project. Floggats will evaluate the service provided against the stated project requirements.

Timely Request: Refund requests must be submitted within a specified timeframe from the completion of the project or the identified issue. Late requests may not be considered.

Mutual Resolution Attempts: Floggats encourages users to communicate concerns promptly to explore possible resolutions before initiating a refund request. Our team is committed to addressing and resolving issues to ensure user satisfaction.

Fair Usage Determination: Refund eligibility is determined based on a fair assessment of the services rendered, project scope, and adherence to agreed-upon terms. Floggats reserves the right to decline refund requests that are deemed unjust or unsubstantiated.

Partial Refunds: In certain cases, Floggats may offer partial refunds based on the evaluation of delivered services and the extent to which project requirements were met.

Disclaimer of Warranties:

Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Governing Law and Dispute Resolution:

Resolving potential disputes in a fair and efficient manner is vital for maintaining positive relationships with our users. Our approach to governing law and dispute resolution is designed to provide a clear framework for addressing any disagreements that may arise.

Jurisdiction: These Terms of Service are governed by the laws of [Jurisdiction]. Users acknowledge and agree that any legal action or proceeding arising out of or related to these terms will be filed in [City/Region], [Jurisdiction].

Arbitration Agreement: To facilitate the expeditious and cost-effective resolution of disputes, users agree to resolve any claims or disputes through binding arbitration. The arbitration process will be conducted in accordance with the rules of the [Arbitration Organization].

Opting Out: Users have the option to opt-out of the arbitration agreement by providing written notice to Floggats within 30 days of accepting these Terms of Service. Opting out does not exempt users from other provisions of these terms.

Sample work

By default, you agree to provide Floggats with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. Please note that all of your work may be publicly accessible for viewing unless you take action and notify us in writing otherwise. If you would like to revoke this right, please notify our team in writing to support@floggats.com

Creative cycles

A creative cycle is a metric used to gauge creative output. The amount we can achieve within a cycle depends on the complexity and volume of your requests. Our team begins the cycle once a request or revision is received through our Design Request Form. We can only assign requests or revisions that are clear, specific, and contain all necessary assets and information. While we will endeavor to meet your deadlines, we cannot guarantee it.

Terms Revision:

Floggats reserves the right to modify or revise these terms at any time. Users will be notified of significant changes. Continued use of our services after changes constitutes acceptance of the updated terms.

Severability:

If any provision of these terms is deemed unenforceable, the remaining provisions shall remain in effect. Floggats and the user agree to replace the unenforceable provision with a valid provision that most closely reflects the intent of the original provision.

Indemnification:

Indemnification is a crucial aspect of our agreement, outlining the responsibilities and protections for both Floggats and the user.

1. User’s Responsibilities for Indemnification: Users agree to indemnify, defend, and hold Floggats harmless from any claims, losses, damages, liabilities, or expenses arising out of or related to their use of Floggats services, violation of these Terms of Service, or infringement of any third-party rights.

2. Mutual Resolution Attempts: Before initiating indemnification claims, users are encouraged to communicate any concerns promptly to explore possible resolutions. Floggats is committed to addressing and resolving issues to ensure user satisfaction and minimize the need for indemnification.

3. Fair Assessment of Claims: Floggats commits to a fair assessment of indemnification claims, ensuring that claims are substantiated and reasonable. The goal is to achieve a resolution that is equitable for all parties involved.

4. Limitations on Indemnification: Indemnification is subject to the limitations outlined in these Terms of Service. Users understand that indemnification does not apply to claims arising from Floggats’ intentional misconduct or gross negligence.

Confidentiality:

Users may be exposed to confidential information during their use of our services. They agree to keep such information confidential and not disclose or use it for any purpose other than the intended use of our services

Ownership, Trademarks & Provided Assets:

Understanding the rights and responsibilities related to ownership, trademarks, and provided assets is crucial for maintaining transparency and clarity in our collaboration.

1. Ownership of Project Deliverables: Upon successful completion of a project, users retain ownership of the final delivered output. Floggats does not claim any ownership rights to the project deliverables, and users are granted full control over their usage, subject to the agreed-upon project scope.

2. Trademark Usage and Licensing: Any trademarks or service marks provided by users for incorporation into projects remain the sole property of the respective owners. Users grant Floggats a limited, non-exclusive license to use these marks solely for the purpose of delivering the agreed-upon services. Floggats respects and acknowledges the importance of protecting trademark rights.

3. Usage of Provided Assets: Users are responsible for ensuring they have the necessary rights, permissions, and licenses for any assets provided to Floggats for use in projects. Floggats will use provided assets exclusively for the purpose of fulfilling the project requirements and will not use them for any other purposes without the written consent of the user.

4. Confidentiality of Provided Assets: Floggats acknowledges the confidential nature of provided assets and agrees not to disclose, reproduce, or use them for purposes other than those explicitly specified in the project scope. Floggats is committed to maintaining the confidentiality and integrity of any sensitive materials provided by users.

Delivery Output:

Understanding the nuances of delivery output ownership, usage rights, and confidentiality is fundamental to ensuring a positive and collaborative working relationship.

1. Ownership of Final Deliverables: Users own the final delivered output upon successful completion of a project. Floggats does not claim any ownership rights to the final deliverables, and users are granted full control over their use, distribution, and modification, subject to the terms agreed upon in the project scope.

2. Usage Rights Granted to Users: Users are granted a non-exclusive, perpetual, and worldwide license to use the final delivered output for the intended purpose outlined in the project scope. This license ensures that users can leverage the deliverables in alignment with their business or personal objectives.

3. Restrictions on Usage: Users agree to use the final deliverables only within the scope defined in the project agreement. Any usage outside the agreed-upon scope may require additional permissions and could be subject to additional fees.

4. Confidentiality of Final Deliverables: Floggats commits to maintaining the confidentiality of project deliverables. Floggats will not disclose, reproduce, or use the final deliverables for purposes other than those explicitly specified in the project scope without the written consent of the user.

Offers & Promotions

You can only benefit from one promotion at a time, you cannot combine two or more promotions simultaneously. If you made a payment as part of a promotion or special discount please note you are not eligible for a refund after 7-days have passed since you made your payment.

Last Updated: 25/01/2024