Terms of Service
Please read these “Terms of Service” fully and carefully before using https://nicetomeetyou.studio (the “Nice To Meet You”) and any of the services, features, Content (defined below) or applications made available by Nice To Meet You and its affiliates, (“Nice To Meet You”, “we”, “us” or “our”) or any other Nice To Meet You services or platform that links to these Terms of Service (collectively, the “Services”).
By clicking on the “Accept,” or equivalent access, agreement or purchasing button, you or the company or entity that you represent (“you,” “your,” “yours” or “customer”) are consenting to be bound by and are becoming a party to these Terms of Service. You are also representing and warranting that the individual clicking on the button is authorized to enter into this agreement and bind such entity. Your continued use of any portion of the services shall also constitute assent to the terms of these Terms of Service. If you are using the services on behalf of a company or other entity, then all references to “you” or “your” herein shall refer to both the individual and the entity.
If you do not unconditionally agree to all of the terms of these Terms of Service, you will have no right to use the Services (and you should immediately cease all such use). If these terms are considered an offer, acceptance is expressly limited to these terms to the exclusion of all other terms.
1. Acceptance of Terms of Service
- By registering for and/or using any of the Services in any manner, including visiting or browsing the Nice To Meet You Website, you agree to these Terms of Service, and all other operating rules, policies, and procedures that we may publish from time to time through the Services, each of which is incorporated by reference, and each of which may be updated from time to time without notice to you.
- These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. Please note that if you have executed a separate written agreement with Nice To Meet You regarding your use of certain of our Services, then that agreement, and not these Terms of Service, applies to those Services.
- Arbitration notice and class action waiver: except for certain types of disputes described in the arbitration section below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
2. IP Ownership / Use license.
The material provided on Nice To Meet You is protected by law, including without limitation. The copyright in all material provided on this Site is held by Nice To Meet You. Except as expressly permitted by Nice To Meet You, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Nice To Meet You or the copyright owner.
Permission is granted to you to download and use the materials from Nice To Meet You for personal and/or commercial use when you approved or officially closed a design project on Nice To Meet You.
Before you officially approved or closed the design project, you may not:
- Modify or copy the materials
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
- Attempt to decompile or reverse engineer any software contained on Nice To Meet You’s website
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or “mirror” the materials on any other server
This permission shall automatically terminate if you violate any of these restrictions and may be terminated by Nice To Meet You at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format. Nice To Meet You reserves the right to terminate your account at any time for any reason.
3. Ownership of provided assets
You own all graphics and files uploaded as design assets for us. You will provide all content/copy to be used in our designs. You agree that any materials provided to are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Nice To Meet You that all materials provided do not infringe on the intellectual property rights of third parties.
You agree to indemnify, defend, and hold harmless Nice To Meet You and its affiliates, officers, members, managers, (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, register for an Account (defined below) or use the Services. Furthermore, you must be at least 18 years of age to use any Premium Services or any other portion of the Services that requires you to make any payment. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service and your use of the Services (a) are in compliance with all laws, rules and regulations applicable to you and (b) do not violate any other agreement to which you are a party. The right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
5. Registration and User Seats
To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate information for your Account. Each Account shall only be used by the individual user that registered such Account. You may never use another person’s user Account without permission from Nice To Meet You, or share your Account or access credentials with any other individual.
You should never publish, distribute, or post login information for your Account. “User” means an individual whom you authorize to use the Services. Users may include your employees, consultants, contractors and agents, and third parties with which you transact business. A User’s access credentials may not be shared with any other individual or entity for purposes of using the Services. You are responsible for maintaining the security of your Account, passwords (including, but not limited to, administrative and user passwords). You shall be responsible for acts, omissions, or breaches hereunder by any of your Users or any other individuals using your Account or credentials for the Services. You must keep your Account information updated, and you must notify us immediately of any change in your eligibility to use the Services or breach of security or unauthorized use of your Account.
6. The Services
- Services. Subject to these Terms of Service, Nice To Meet You will use commercially reasonable efforts to make the Services available to you.
- Content. “Content” means information, data, text, fonts, photographs, written posts and comments, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. As between the parties, all Content, except for Customer Data (as defined below), is owned by Nice To Meet You. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Subject to these Terms of Service, Nice To Meet You (i) grants to you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e. to download and display locally) Content solely for purposes of using the Services for your internal use.
- Restrictions on Use of the Services. You will not directly or indirectly:
- sell, license, sublicense, distribute, copy, rent, or lease the Services, or include the Services in a service bureau, project-share outsourcing offering, or otherwise make the Services available to, or use the Services for the benefit of, any third party, or transfer any of the rights that you receive hereunder;
- interfere with or disrupt the integrity or performance of the Services or any third-party data contained therein or attempt to gain unauthorized access to the Services or its related systems or networks;
- copy, modify, or create derivative works based on the Services or any underlying software or any part, feature, function, or user interface thereof, including by framing (except as expressly allowed by Nice To Meet You) or any Content;
- decompile, disassemble, decipher, or reverse engineer the Services, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
- remove any copyright notices, information, and restrictions contained in the Services or any Content;
- bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services) or take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Nice To Meet You Website or Services; or
- otherwise take any action in violation of our guidelines and policies, including these Terms of Service.
- Delivery Time. A project begins when the new request is assigned to a designer. Requests or revisions will not be assigned if they are unclear, vague or missing required assets and information. Normally any request or revision received before 7pm (UTC+7) will be assigned that business day (Monday to Friday, excludes International Holidays). These timelines may change due to the nature of our business as ultimately determined by Nice To Meet You staff. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.
- Availability. We are not and will not be responsible or liable for any failure in the Platform or Services resulting from or attributable to (i) Customer Data or failures to deliver Customer Data to Nice To Meet You; (ii) failures in any telecommunications, network or other service or equipment outside of Nice To Meet You’s facilities; or (iii) any force majeure or other cause beyond Nice To Meet You’s reasonable control. We do not guarantee that the Services or any Content will be available, or that any Content that is available is or will continue to be accurate.
- Limits. We may impose certain limits on the use of the Services, including without limitation that amount of Customer Data that may be stored, number of users, or other rate or usage limitations at any time in our sole discretion.
- Revisions. The materials appearing on Nice To Meet You’s web site could include technical, typographical, or photographic errors. Nice To Meet You does not warrant that any of the materials on its web site are accurate, complete, or current. Nice To Meet You may make changes to the materials contained on its web site at any time without notice.
- Output Files. While we do our best to minimize any mistakes, due to the nature of creative design we can not guarantee all files delivered will be 100% error free. Upon file delivery you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes.
7. Customer Data
- Definition. “Customer Data” means any and all electronic data, Content, and information uploaded or submitted to the Services by you or by a third party on your behalf. You retain all of your rights to your Customer Data.
- Aggregate Data. Notwithstanding anything to the contrary set forth herein, Nice To Meet You may collect and use data regarding the use and performance of the Service in anonymized and aggregated form, to analyze and improve the Service and for distribution in general benchmarking data and industry reports, provided that any reported user data is aggregated and anonymized such that no personally identifying information of Customer or its users is revealed.
- Representations and Warranties. You represent, warrant, and covenant that (i) all Customer Data is accurate and compliant with all applicable laws, rules, and regulations; (ii) you own all rights, title, and interest in and to the Customer Data, or have otherwise secured all necessary rights in the Customer Data as may be necessary to permit the access, use, and distribution thereof as contemplated by these Terms of Service; (iii) you shall only use the Services in accordance with all applicable laws, rules, and regulations, these Terms of Service and any relevant documentation provided by Nice To Meet You and (iv) you will not, and will not permit any third party to upload, download, post, submit, provide, transmit, distribute, or otherwise make available to or through the Services any Customer Data that (A) is unlawful, infringing, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or that otherwise violates any other right of any third party, including any intellectual property, proprietary, or privacy rights, or that is otherwise inappropriate, as determined by us in our sole discretion; (B) contains any viruses, code, files, or programs designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or that is or can be otherwise malicious or disruptive; (C) constitutes unauthorized or unsolicited advertising, junk, or bulk email (“spamming”) or otherwise violates federal CAN-SPAM regulation; or (D) contains any personally identifying information subject to specialized security regimes including without limitation the Health Insurance Portability and Accountability Act (“HIPAA”), and the standards promulgated by the PCI Security Standards Council (“PCI”). You are responsible for complying with CAN-SPAM, including without limitation for supplying an “Unsubscribe” link in any emails required to include such link.
8. Third-Party Services
The Services may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Services. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. Nice To Meet You will also not be responsible or liable for any failure in the Services attributable to your or any third party’s products, services, negligence, willful misconduct, breach of these Terms of Service, or other unauthorized access or use.
9. Payment & Billings
- Premium Services. Certain of our Services may be subject to payments now or in the future (the “Premium Services”). Please note that any payment terms presented to you in the process of using or signing up for a Premium Services are deemed part of these Terms of Services. All amounts are stated in, and shall be paid in, U.S. dollars. We do not transmit invoices automatically, but you can access them in your account under the Transaction History tab. If you have any questions, please contact our customer support: email@example.com. We may revise the rates for Premium Services at any time, or impose additional fees or charges.
- Taxes. All Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). You shall be responsible for paying all Taxes associated with the Services (without any offset or deduction to the fees paid to Nice To Meet You) other than Indonesia taxes based on Nice To Meet You’s net income.
- Auto-Renewal. Fees for certain Premium Services are automatically charged on a recurring basis, and when signing up for a Premium Service with a recurring payment obligation, you will be able to select a recurring billing level and renewal term that will apply to your receipt of such Premium Services (“Subscription”) (e.g. monthly or annual payment). Unless you cancel or change your Subscription in accordance with these Terms of Service, any Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the Subscription originally selected, at the then-current non-promotional rate. By signing up for a Subscription, you agree that we may submit the charges associated with such Subscription for payment on the applicable schedule and you will be responsible for such charges. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Premium Service and/or Subscription.
By signing up for a subscription you acknowledge and agree that we may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, go to the billing section of the service. Please contact us at firstname.lastname@example.org if you need any assistance. This does not waive our right to seek payment directly from you.
- Current Information Required. You must provide current, complete, and accurate information for your billing account. you must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your account credentials or password. Changes to such information can be made directly by you using the service. Please contact us at email@example.com if you need any assistance. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of premium services under your billing account unless you have terminated your premium services as set forth above.
- Cancelling or Changing Premium Services. To change or resign your Premium Services at any time, go to Account settings. Please contact us at firstname.lastname@example.org if you need any assistance. Any request for cancellation must be sent three (3) days prior to the end of the Subscription term to allow for adequate processing time. Your non-termination or continued use of the relevant Premium Service reaffirms that we are authorized to charge your Payment Method the Fees for such Premium Service, including any associated fees (e.g. overage fees or late fees, to the extent applicable). If you terminate a Premium Service, you will be downgraded to the “Free” plan level at the time of your termination; your paid Subscription will not be renewed. You will not be eligible for a prorated refund of any portion of any Fees paid.
- No Refunds. Once initiated by you, payment obligations are non-cancelable. Except as expressly set forth in these Terms of Service, Nice To Meet You will not, under any circumstances, issue refunds or prorated any Fees for early cancellation or termination of the Services, or for any other reason, including for any unused Services or if your actual usage of the Services falls below the purchased amount applicable to your Subscription level for the Services. Subscription quantities cannot be decreased during the relevant Subscription term.
- Chargeback Policy; Disputes. If you have a question about charges made to your Account, please contact us immediately. If the charges were made in error, we will credit your Billing Account or Payment Method for the appropriate amount. Please note that Nice To Meet You has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from use of any and all Nice To Meet You Services.
- Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Premium Service must be used within the specified time of the trial. You must stop using a Premium Service before the end of the trial period in order to avoid being charged for that Premium Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Premium Service, please contact us at email@example.com.
10. Copyright Policy
Procedure for Reporting Copyright Infringement. If you believe that material or content residing on or accessible through our websites, application, or services infringes a copyright, please send a notice of copyright infringement containing the following information to firstname.lastname@example.org
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Termination by Either Party. You have the option of canceling your Account at any time by following the instructions on the Nice To Meet You Website or through the Services or by contacting us at email@example.com. We reserve the right to terminate your Account or access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms of Service which by their nature should survive termination or expiration shall survive termination, including provisions regarding ownership, aggregate data use, payment (to the extent any payment obligations remain outstanding), warranty disclaimers, indemnity and limitations of liability.
- Customer Data After Termination. Termination or cancellation of your Account by either party may result in the forfeiture and destruction of all information and data, including Customer Data, associated with your Account. Termination, cancellation or expiration of your Account will result in a loss of your Customer Data; we may delete or destroy all copies of your Customer Data in our systems or otherwise in our possession or control, unless legally prohibited. We reserve the right, including after termination, to access, read, preserve, and disclose any information, including without limitation Customer Data, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests or (v) protect the rights, property or safety of us, our users and the public.
12. Warranty Disclaimer
- You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
- The services and content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, partners and content providers do not warrant that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the services is free of viruses or other harmful components; or (iv) the results of using the services will meet your requirements. your use of the services is solely at your own risk.
You are solely responsible for your conduct and your data related to the Service. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, directors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your Customer Data, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
14. Limitation of Liability.
In no event shall we, nor our directors, employees, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (a) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising); (b) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination); or (c) for any direct damages in excess of (in the aggregate) of the greater of (i) fees paid to us for the particular services.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content), with or without notice. If we make material changes to these Terms of Service that negatively affect you, or materially reduce the Services, we will notify you by posting a notice or new version of these Terms of Service on the Site or Service, or by sending you notice through the Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of material modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
- Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of Nice To Meet You to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
- Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if sent by email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org. You acknowledge and agree that Nice To Meet You may occasionally send you communications regarding your account or the Services via email or by posting on the Services.
- No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with electronic notice of such waiver through one of our authorized representatives through emails.
- Open Source. The Service may contain or be distributed with open source software or other third-party software which may be covered by a different license. Notwithstanding anything to the contrary, the obligations of Nice To Meet You set forth in these Terms of Service do not extend to any open source software or such other third-party software which may be made available by Nice To Meet You, or otherwise obtained or used by you. You agree that all open source software or such other third-party software shall be and shall remain subject to the terms and conditions under which it is provided, and you shall be responsible for compliance with such terms. To the fullest extent possible, Nice To Meet You disclaims all warranties and liability regarding such open source and third-party software in accordance with the terms of these Terms of Service.
- Headings; Interpretation. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in these Terms of Service shall be read as being followed by “without limitation” where appropriate.
- Publicity. You hereby consent to inclusion of your name and logo in client lists that may be published as part of Nice To Meet You’s marketing and promotional efforts.
For any questions on inquiries, you may contact us at email@example.com