TERMS OF SERVICE AGREEMENT (the "Agreement") is a legally binding contract between SPECTRABYTE STUDIO, LLC, a design-centric agency headquartered in Boston, Massachusetts, registered as a limited liability company under the laws of the state of Delaware ("Spectrabyte"), and you, either as an individual or on behalf of an entity ("Client"). This Agreement governs your access to, and use of, Spectrabyte's official website (the "Website"), including all associated platforms, channels, mobile applications, or other connected digital assets. If you disagree with any of the terms outlined herein or fail to uphold them, you must not access or use the Website and should immediately cease any such activities. If access is terminated, all relationships between you and Spectrabyte will end with no lingering commitments, except for any outstanding payments the Client may owe to Spectrabyte for previously engaged services.

1. Intellectual Property

All elements of the Website, unless otherwise specified, belong solely to Spectrabyte. This encompasses all source codes, databases, functionalities, software, designs, audio, video, text, images, graphics (collectively called “Content”), and any associated logos or emblems (known as “Marks”). These are protected by U.S. and international copyright, trademark, and other relevant intellectual property rights. The Content and Marks are provided "As-Is" and are strictly for informational and personal use. Any replication, display, distribution, or commercial use of the Website's Content without Spectrabyte's explicit written approval is prohibited. Any rights not explicitly granted herein related to the Website, its Content, and Marks remain with Spectrabyte.

2. Ownership and Materials Rights

While Spectrabyte might claim rights over certain submissions as outlined in Paragraph 4 (“Client Declarations”), any design or original files created for the Client (“Design Deliverables”) remain the Client's property. The Client solely holds the copyright to all Design Deliverables. In any situation where Spectrabyte unintentionally obtains ownership, in full or part, over a Design Deliverable, Spectrabyte irrevocably transfers all rights of that deliverable to the Client. Clients ensure that any content or references submitted to Spectrabyte for designs are their property and don't infringe any third-party rights, including intellectual property. However, unless specified in section 18, Spectrabyte can showcase the Client's designs on public platforms like social media or their website.

3. Font Licensing

Should any Design Project encompass fonts not owned by Spectrabyte, and necessitate a commercial license for the Client to legally use, distribute, or publicly present the Project (“External Font(s)”), Spectrabyte will notify the Client. This notification will detail the inclusion of one or more External Fonts in the Project and specify that the Client is required to acquire relevant licenses for these External Fonts from the respective rights-holder(s) to legally utilize, disseminate, or publicly present the Project. As long as Spectrabyte has duly notified the Client of the inclusion of External Fonts as delineated above, the Client bears full responsibility for any ramifications resulting from their failure to obtain the necessary licenses for any External Fonts included in a Design Project.

4. Client Declarations

By accessing the Website, Clients confirm: they have the legal capacity to agree to these terms; they are of legal age in their jurisdiction; they won’t access the Website through automated or non-human means; they won't use the Website for illicit or unauthorized purposes; and their interactions with the Website comply with applicable laws and regulations.

5. Prohibited Activities

Clients must use the Website for its intended purposes only. Commercial activities unrelated to Spectrabyte's services are forbidden. Clients also agree not to engage in unauthorized usage of the Website, extracting data for unauthorized databases, bypassing security, deceptive practices, overloading Spectrabyte's resources, competing against Spectrabyte using its own platform, reverse engineering, evading access limits, harassing staff or contractors, removing copyrights, replicating the Website’s software, introducing malware, deploying data harvesting tools, defaming Spectrabyte, or violating applicable laws.

6. Client Feedback

Clients acknowledge that any feedback, questions, comments, or contributions (“Feedback”) provided becomes Spectrabyte’s exclusive property. Spectrabyte isn’t required to treat such feedback as confidential. Except for situations mentioned in Section 2 (“Ownership and Materials Rights”), Spectrabyte holds all rights over this Feedback and can use it for any lawful purpose without seeking further approval or providing compensation to the Client. Clients confirm their authority to share such feedback and waive any claims against Spectrabyte for its use, consistent with these terms or any future decisions.

7. Monitoring and Enforcement

Spectrabyte retains the right to monitor the Website for any breaches of this Agreement and to pursue appropriate legal actions against violations or infringements of applicable laws. Furthermore, Spectrabyte may, at its discretion, restrict or terminate access to the Website or suspend any Client's use without prior notification. All administrative decisions regarding the Website are at Spectrabyte's discretion and are made to protect its interests and assets.

8. Privacy and Data Handling

By using the Website, Clients agree to adhere to Spectrabyte's Data Protection Policy, which is incorporated into this Agreement. The Website is hosted in the United States, and Clients accessing from regions like the EU or Asia should note that their local data protection laws may differ from those of the U.S. By continuing to use the Website, Clients consent to data processing based in the U.S. Spectrabyte does not intentionally gather information from individuals under 18 years of age. In compliance with the U.S. Children’s Online Privacy Protection Act, if Spectrabyte becomes aware that a child under 13 has provided personal information without parental consent, such data will be immediately removed.

9. Refund Policy

Spectrabyte reserves the right to refuse refunds at its discretion without any obligation to provide a reason to the Client. Refund requests will be evaluated individually. If a refund is sought within the first month, all materials produced by Spectrabyte remain its proprietary assets, and the Client is expressly forbidden from using them. In cases where a refund is granted, a 25% fee will be deducted from the remaining billable amount. Spectrabyte may take legal action against any breach of this provision.

10. Website Modifications