Last updated: June 26, 2023
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Asendu, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Asendu 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 Asendu’s express prior written permission. Asendu reserves all rights to the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding Asendu’s ownership of Submissions, as described in Section 5 (“Client Feedback”), all product, 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 Asendu to become the owner of a Project, in whole or in part, rather than Client, Asendu irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Asendu 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. Asendu always reserves the right to share the Client’s product work publicly (social media, website, etc.) unless agreed upon as stated in section 17 of this document.
3. User Representations
4. 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 related to the work performed by Asendu on behalf of the Client. 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 Asendu or other users; Interfere with, disrupt or create an undue burden on the Website or Asendu’s networks or servers; Use the Website in an effort to compete with Asendu; 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 Asendu’s employees, independent contractors or agents providing services through the Website; Delete the copyright or other rights 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 Asendu; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
5. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of Asendu and Asendu is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Asendu shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Section 2 (“Ownership of Materials”), 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 Client hereby waives all claims and recourse against Asendu for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
6. Management and Oversite
8. Returns and Refunds
Asendu reserves the right to deny refunds based on its own self-discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. Should the Client request a refund during the first month of use, all materials produced by Asendu are owned by the company and are prohibited from being used by the Client in any way.
If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.
Asendu reserves the right to take appropriate legal actions against the Client for breach of this paragraph.
Asendu reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. Asendu reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.
10. Connection Interruptions
Asendu does not guarantee 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 Asendu’s control. Client agrees that Asendu 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.
11. Governing Law
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Asendu disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Asendu makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Asendu assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Asendu’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Asendu does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.
14. Limitations of Liability and Indemnification
15. User Data
The Client is solely responsible for all data transmitted to or related to any activity Client has undertaken using the Website. Asendu shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Asendu for any such loss or corruption.
16. Electronic communications, transactions, and signatures
Client hereby consents to receive electronic communications from Asendu and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by Asendu or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
17. Showcasing Product Work
Asendu reserves to right to share product work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Asendu, which in turn would void the right of Asendu to share or discuss the Client’s work publicly.
19. Contact Information
For any questions or complaints regarding the Website, please contact Asendu at: email@example.com.