Terms & Conditions

Terms & Conditions
Last updated: 11/29/2023

This Terms of Use Agreement (the “Agreement”) forms a legally enforceable contract between SUUR LLC, a limited liability company established under the laws of Colorado (“SUUR”), and the user, either individually or on behalf of an entity (“Client”), concerning access to and use of the SUUR website (https://suur.io/) and any related media formats, channels, mobile websites, or mobile applications.

If the Client does not agree to or fails to comply with the terms, conditions, and obligations of this Agreement, they are expressly forbidden from using the Website and must stop using it immediately.

Should the Client discontinue their use of the Website as stipulated, the contractual relationship between the Client and SUUR will be terminated and cease to have any effect, except for the Client's ongoing obligation to pay SUUR for any services already provided.

Data Privacy Agreement
By utilizing the Website, the Client agrees to adhere to and be governed by the Privacy Policy, which is detailed therein and incorporated into these terms. The Website operates from the United States of America. Access to the Website from the European Union, Asia, or other global regions might subject the Client to different laws, statutes, or regulations regarding personal data collection, usage, or disclosure than those in the United States. The Client's ongoing use of the Website and transmission of data to the United States signifies their explicit consent to the transfer and processing of their data within the United States.

SUUR does not intentionally collect or solicit information from individuals under the age of 18. In compliance with the Children's Online Privacy Protection Act of the United States, if SUUR becomes aware that an individual under the age of 13 has provided personally identifiable information without parental consent, SUUR will promptly delete this information as soon as feasibly possible.

Ownership of Intellectual Property
The Website is owned by SUUR unless stated otherwise. This includes all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics in any format (collectively or individually referred to as the “Content”), as well as trademarks, service marks, and logos contained therein (the “Marks”). All of these are under the control of SUUR and are protected by copyright, trademark, and other relevant intellectual property laws and regulations in the United States, foreign countries, and under international conventions.

The Content and Marks are provided for your information and personal use only and are presented "As-Is." Apart from what is explicitly allowed in these terms, no portion of the Website or any Content may be duplicated, reproduced, compiled, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purposes without the express, prior written consent of SUUR. SUUR retains all rights to the Website, the Content, and the Marks.

Restricted Activities
The Client is only permitted to access and use the Website for its intended purposes. The Website should not be utilized for any commercial activities unless they are directly related to the services provided by SUUR to the Client.

Moreover, the Client is expected to avoid the following actions:

Engaging in any unauthorized use of the Website;
Extracting data or content from the Website to create or compile a database or directory;
Bypassing, disabling, or otherwise tampering with the Website's security features;
Participating in unauthorized framing or linking to the Website;
Deceiving, defrauding, or misleading SUUR or other Website users;
Causing interference, disruption, or excessive burden on the Website or the networks and servers of SUUR;
Using the Website to compete with SUUR;
Decrypting, decompiling, disassembling, or reverse-engineering any part of the software that is integral to the Website;
Overriding any measures on the Website meant to limit or restrict access to the Website or any part of it;
Harassing, annoying, intimidating, or threatening any of SUUR’s employees, independent contractors, or agents engaged in providing services through the Website;
Removing copyright or other proprietary notices from any content on the Website;
Copying or altering the Website's software;
Uploading or transmitting, or attempting to do so, viruses, Trojan horses, or any material that could interfere with, damage, or disrupt the operation of the Website or its functionality;
Uploading or transmitting, or attempting to do so, any material that functions as a passive or active data collection or transmission mechanism;
Disparaging, tarnishing, or causing harm to SUUR in any way;
Utilizing the Website in a way that is not in accordance with applicable laws, statutes, or regulations.

Ownership of Materials
Despite SUUR's claim to Submissions as outlined in the "Feedback from Clients” section, the Client retains ownership of all design and original source files produced for them ("Projects"). The copyright for all Projects belongs exclusively to the Client. If, by any legal means, SUUR inadvertently becomes the owner of any part of a Project, SUUR irrevocably and perpetually transfers all its interest in the Project back to the Client, without restrictions.

The Client assures that any materials supplied to SUUR, whether as examples or for incorporation into a design project, are the property of the Client and do not violate or misappropriate any third party's rights. This includes, but is not limited to, all intellectual property rights and rights of publicity.

As per the “Display of Design Projects” section of this document, SUUR retains the right to publicly display the Client's design work (e.g., on social media, website, etc.) unless an agreement stating otherwise is in place.

Third-Party Fonts
Should a Project include fonts not owned by SUUR that necessitate a commercial license for the Client to legally reproduce, distribute, or display the Project publicly ("Third-Party Font(s)"), SUUR will notify the Client in writing. This notification will indicate the use of one or more Third-Party Fonts in the Project and inform the Client that they must obtain the necessary licenses from the respective rights-holders of these fonts to legally use the Project.

This notification will provide details enabling the Client to identify the required licenses and the contact information for purchasing these licenses. Once SUUR has informed the Client about the inclusion of Third-Party Fonts as mentioned, the Client is then fully responsible for any ramifications arising from not acquiring the necessary licenses for any Third-Party Fonts used in the Project.

Client Assurances
In utilizing the Website, the Client affirms and guarantees the following:

The Client possesses the legal capacity and agrees to adhere to these Terms of Use;
The Client is not a minor in their place of residence;
The Client will not use automated or non-human methods to access the Website;
The Client will not employ the Website for any illegal or unauthorized activities;
The Client’s usage of the Website will comply with all relevant laws and regulations.

Feedback from Clients
The Client acknowledges and agrees that any form of feedback or submission provided (referred to as a "Submission") becomes the exclusive property of SUUR. SUUR is not obligated to maintain the confidentiality of a Submission or to take measures to protect its secrecy.

SUUR will own all rights associated with the Submission, except where specific rights are allocated to the Client under Paragraph 2 ("Ownership of Materials"). SUUR has the unrestricted right to use and share the Submission for any lawful purpose, without needing permission or providing acknowledgment or compensation to the Client. The Client confirms that they have the authority to make the Submission and hereby relinquishes any claims against SUUR for its use of the Submission, as per these terms and at SUUR’s sole discretion.

Policy on Refunds and Returns
SUUR holds the authority to reject refund requests at its discretion, without the obligation to notify or be liable to the Client. Refunds are considered individually. In cases where a refund is requested within the first month of usage, all materials created by SUUR remain its property and the Client is prohibited from using them in any form.

If a refund is granted, a fee of 25% will be applied to the outstanding billable amount.

SUUR also retains the right to pursue legal action against the Client for any violation of this policy.

Amendments to Website Content
SUUR reserves the authority to modify, revise, or remove any content on the Website at its sole discretion, without any obligation to provide prior notice or bear liability towards the Client. This includes the right to modify or discontinue any part or all of the Website.

Service Disruptions
SUUR does not guarantee uninterrupted access to the Website at all times. Interruptions, delays, or errors due to hardware, software, or other unforeseen factors beyond SUUR’s control may occur. The Client acknowledges that SUUR is not liable for any loss, damage, or inconvenience caused by any inability to access or use the Website during such disruptions in service or connectivity.

Applicable Law
These Terms of Use will be governed and interpreted following the laws of the State of Colorado, excluding its conflict of law principles.

Jurisdiction for Legal Disputes
All legal proceedings arising from or related to these Terms will be conducted in the state courts located in Larimer County, Colorado. By agreeing to these Terms, the parties consent to the personal jurisdiction of these courts and renounce any defense related to lack of personal jurisdiction or inappropriate venue. The provisions of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are not applicable to these Terms of Use.

Terms of Service Disclaimer
The Website is made available to users "as is" and on an "as available" basis. The Client acknowledges that they use the Website and its Services entirely at their own risk. SUUR expressly disclaims all warranties, whether express or implied, related to the Website and the Client's use of it. This includes but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

SUUR does not guarantee the accuracy, reliability, or completeness of the Website's content or of any content on websites linked to the Website. SUUR is not liable for any content errors or inaccuracies, any personal or property damage, unauthorized access to SUUR's servers, personal or financial information stored on them, any interruptions in website transmission, or any harmful components such as viruses or Trojan horses transmitted through the Website by third parties. SUUR is also not responsible for any loss or damage resulting from using any content on the Website.

Furthermore, SUUR neither endorses nor assumes responsibility for any third-party products or services advertised or offered through the Website, hyperlinked websites, or any website or mobile application featured in any form of advertising.

Limitation of Liability and Client's Duty to Indemnify
SUUR, along with its directors, employees, members, independent contractors, or agents, shall not bear liability to the Client or any third party for any form of damages, whether direct, indirect, consequential, incidental, special, or punitive. This includes but is not limited to loss of profit, revenue, data, legal fees, court costs, fines, or forfeitures resulting from the Client's use of the Website.

The Client is obligated to defend, indemnify, and protect SUUR, its subsidiaries, affiliates, officers, members, agents, partners, employees, and independent contractors against any losses, damages, liabilities, claims, or demands, including reasonable legal fees and expenses. These may arise due to (1) the Client's use of the Website, (2) any breach of these Terms of Use, (3) any violation of the Client's representations and warranties stated herein, or (4) the Client's infringement of any third party's rights, including intellectual property rights. Despite the above, SUUR reserves the right to take over the defense of any such claims at the Client's expense. The Client is expected to fully cooperate in the defense of such claims.

Responsibility for User Data
The Client bears full responsibility for all data they transmit or that is associated with their activities conducted through the Website. SUUR is not liable for any loss or corruption of such data, and the Client relinquishes any right to take legal action against SUUR in the event of any such loss or corruption.

Electronic Communication and Digital Transactions
The Client consents to receive all communications from SUUR electronically. This includes agreements, notifications, disclosures, and other communications that may be sent via email or through the Website. The Client acknowledges that these electronic communications fulfill any legal necessity for such interactions to be in writing.

The Client agrees to the utilization of electronic signatures, digital contracts, orders, and other records, and accepts the electronic delivery of notices, policies, and records of transactions either initiated or completed by SUUR or via the Website.

The Client waives any rights or requirements under laws in any jurisdiction that necessitate a physical signature, the non-digital preservation of records, or the issuance of payments or credits in non-electronic forms.

Display of Design Projects
SUUR holds the right to showcase design projects on digital platforms, such as social media and its website, unless an agreement states otherwise. The Client has the option to enter into a Non-Disclosure Agreement (NDA) with SUUR. If such an NDA is executed, it will nullify SUUR's ability to publicly share or discuss the Client's work.

Additional Provisions
The complete agreement and mutual understanding between the Client and SUUR are embodied in these Terms of Use, along with any policies displayed on or related to the Website.

SUUR's failure to assert any right or provision in these Terms of Use does not imply a waiver of that right or provision. Should any part of these Terms be deemed illegal, void, or unenforceable, that part will be detached from the Terms, yet this will not affect the validity or enforceability of the remaining sections.

Nothing in these Terms of Use, the Privacy Policy, or on the Website should be interpreted as establishing a joint venture, partnership, employment, or agency relationship between the Client and SUUR.

Administration and Supervision
SUUR maintains the authority to oversee the Website to ensure compliance with these Terms of Use. SUUR may take suitable legal measures in response to any breaches of these Terms or relevant laws and regulations.

Additionally, SUUR has the authority to limit or revoke access to the Website or suspend a Client’s usage of the Website at its sole discretion, without any obligation to notify or be liable to the Client.

SUUR holds exclusive decision-making power regarding the Website's administration, aimed at safeguarding SUUR's rights and assets.

Contact Information
For inquiries or feedback about the Website, kindly reach out to SUUR at: hello@suur.io.