Terms of Service
- 1. Terms and acceptance
- 2. Intellectual Property Rights
- 3. Payments, Accounts and Refunds
- 4. Good Standing Account Defined
- 5. Refund Policy Requirements
- 6. Disclaimer of Warranties
- 7. User Registration
- 8. Governing Law and Dispute Resolution
- 9. Revisions and data errata
- 10. Links & Networks
- 11. Indemnification
- 12. Severability
- 13. Confidentiality
- 14. Ownership, trademarks & provided assets
- 15. Digital Millenium Copyright Act (DMCA)
- 16. Sample work
- 17. Creative rounds
- 18. Delivery Output
1. Terms and acceptance
1.1 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 Brainchild Group LTD (Trading as The Futures) 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. Brainchild Group LTD (Trading as The Futures) 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.
2. Intellectual Property Rights
2.1 The copyright in all material provided on this Site is held by Brainchild Group LTD (Trading as The Futures). The material provided on this Site is protected by law.
2.2 Unless expressly permitted by Brainchild Group LTD (Trading as The Futures), 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 Brainchild Group LTD (Trading as The Futures) or the copyright owner.
2.3 You are granted permission to download and use the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in named materials.
2.4 You are not to modify or copy the materials; use the materials for any commercial purpose, or for any use in public (commercial or non-commercial, attempt to disassemble or reverse engineer any software contained on the The Futures’ website, including, but not limited to removing any copyright or other proprietary notations from the materials.
2.5 This permission shall automatically terminate if you violate any of these restrictions and may be terminated by Brainchild Group LTD (Trading as The Futures) at any time. Brainchild Group LTD (Trading as The Futures) reserves the right to terminate your account at any time for any reason.
3. Payments, Accounts and Refunds
3.1 Automatic Subscription Renewals: To ensure uninterrupted service, we'll automatically bill you for our Services from the date you submit your subscription and on each renewal period afterwards until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one (1) month. We’ll automatically charge you the applicable amount using the payment method you have on file with us.
3.2 Payments and Cancellations: You may cancel our services anytime. Please note that in order to cancel you have to do it via your 'my account' tab on the left-hand side section of your dashboard. The support team is only able to answer questions. However, as a customer, you must take action in order to cancel or pause your account. Actions must be taken by you.
You can either Cancel or Pause your subscription. Please note below the main differences between Cancelling and Pausing your subscription:
3.3 Cancelling your subscription:
By cancelling your account your design team will permanently stop design requests being worked on (if any) on this account and you will lose all access to The Futures Portal and links to your stored files within our secure storage cloud. All ongoing projects that are not finished will not be continued. You are responsible for making sure you cancel your subscription before the exact cycle date and time you initially subscribed on. If you are charged and then attempt to cancel right after you have been charged please note that the time has passed as your subscription will have started its next cycle and you will be ineligible for any refunds. In this case you will be able to still make requests and obtain designs until the expiration of the newly paid cycle and until its remaining days. As with any other subscription service you are responsible for keeping track of your payment cycles’ dates and times.
3.4 Pausing your subscription:
This option allows you to temporarily pause design requests on your account. After your last complete active project unit cycle is finished you will be billed a small monthly nominal fee in order to keep full access to your files through the The Futures Portal. All ongoing projects will be worked on until your last active project unit is expired. Once you re-activate your account you will be able to re-open tickets and full payment of last standing active project unit will start again. You are responsible for making sure you pause your subscription before the exact cycle date and time you initially subscribed on. If you are charged and then attempt to pause right after you have been charged please note that the time has passed as your subscription will have started its next cycle and you will be ineligible for any refunds. In this case you will be able to still make requests and obtain designs until the expiration of the newly paid cycle and until its remaining days. As with any other subscription service you are responsible for keeping track of your payment cycles’ dates and times.
3.5 Cancelling under the 7-Day Satisfaction Guarantee period:
As per our Terms of Services cancelling your membership within the 7-Day 100% Satisfaction Guarantee bans you and your enterprise to use any of the designs produced by our team for your account and these designs cannot be used by you or anyone in contact with you for any personal or commercial purposes whatsoever, please make sure you haven't either sold them or publish them anywhere.
3.6 We will keep your logins and account active so you can access all previously submitted files until the end of your current billing period. The Futures reserves the right to change our pricing and offerings at any time without prior notice.
3.7 Please note we are not a project-based platform, meaning we produce work for you and amend from your feedback on projects only as long as you are a paying customer and your account is in good standing.
3.8 Beyond the 7 day window for your subscription, there are no refunds for partial subscription plans under any circumstance, including unused time on a plan. Upgrades, promotions, and/or adjustments to existing plans are non-refundable. You, the client are responsible to use the service (The Futures) after payment.
3.9 You will not be eligible to a refund if you are found not to have followed our terms of service.
4. Good Standing Account Defined
4.1 In order for your account to remain in good standing you must have the correct payment card on file and your payments cannot be delayed for more than five (5) consecutive days. As soon as your payment is delayed for 5 consecutive days or more your account will not be considered to be in good standing. If your payment is delayed you will be advised to either approve payment with your bank, update your card details within your dashboard or show proof of payment in any other way we may deem appropriate.
4.2 Be mindful that once you update your card details in the system you must let us know and we will corroborate that payment has indeed come through in order not to cause any delays in the delivery of any of your ongoing work.
4.3 Please note that when payments are delayed all projects in your queue will be fully stopped, including any amendments you may be missing regardless of their importance or length of time it may take to have them done or delivered to you. Projects being worked on or in your queue will not be delivered until payment is received.
4.4 As a subscriber, during your subscription, you are fully entitled and responsible to download all or any files we are storing for you during the time you are in good standing and with no payment delays in your account. However, once your payment is delayed by at least 24 hours we will temporarily pause access to storage within our system as this is part of your paid subscription.
4.5 Please bare in mind that if we don’t receive payment from you within 5 consecutive days of a delayed payment your account will automatically be cancelled and you will lose complete access to our platform, and storage. In other words, by signing up to our service you agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Brainchild Group Limited (trading as The Futures) to perform under this Agreement. In addition, you agree that, upon registering for the services through the Site, you authorize Brainchild Group Limited (trading as The Futures) to charge your method of payment (IE: credit card, debit card, etc) for the fee on each anniversary of your registration date, based upon your billing frequency (IE: monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Brainchild Group Limited (trading as The Futures) through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Brainchild Group Limited (trading as The Futures) that such payment information is accurate and that you are authorized to use the payment instrument. You will rapidly update your account information with any changes (IE: a change in your billing address or credit card expiration date) that may take place.
5. Refund Policy Requirements
5.1 It’s our goal to provide a quality service for our customers and ensure that you have a good experience with The Futures. The purpose of our 7 consecutive days return policy is to ensure prospective customers have the opportunity to test The Futures out risk-free. In order to protect Brainchild Group LTD (Trading as The Futures) from any possible misuse and in order to safeguard the integrity of our services and systems we have listed the requirements to qualify for our refund policy:
5.2 In order to qualify for refund policy you: Must make yourself available to accept a call from one of our Representatives in order to help in walking you through The Futures features and successful ways of working.
5.3 Must create at least 1 project within our platform providing as much detail as possible within the design request form. Must give comments / feedback and allow our designers at least 2 attempts to get your proposed design right.
5.4 Please note, you are free to cancel your subscription during the 7-Day 100% Satisfaction Guarantee. However, by approving projects you are expressing your satisfaction with the service, meaning that a full refund is not warranted. If you did not approve of any project that means you were not satisfied with the service and therefore your money will be returned to you within 5-7 business days. Also, cancelling your subscription within the 7-Day 100% Satisfaction Guarantee bans you and your enterprise to use any of the designs produced by our team for your account and these designs will not be able to be used by you or anyone for any personal or commercial purposes as full Intellectual Property on these designs will belong to Brainchild Group Ltd (Trading as The Futures).
6. Disclaimer of Warranties
Limitation of Liability
6.1 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.
6.2 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.
6.3 In no case shall Brainchild Group LTD (Trading as The Futures), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
7. Non-Compete Clause
7.1 You agree that you will not initiate, copy, duplicate any such business model that will be identical or similar in nature to that of the business models delivered by Brainchild Group Ltd and its trading names (IE: The Futures). Meaning, you will not commercially trade with a service that provides unlimited revisions, unlimited requests, next day delivery or 3-day delivery services during your time as a subscriber or during the next 36 months after you have started using our service.
7.2 You agree you will not, at any point, contact or use the company's resources (such as staff time or talent, or equipment) for personal or commercial benefit that is not directly related to the company or is outside your subscription with our service. In addition, you will not attempt to contact our staff or talent directly on or after you have stopped using the service or even attempt to contact them or create a working relationship via a third party and have them work for you or any of the businesses you may have a relationship with.
8. User Registration
8.1 You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
9. Governing Law and Dispute Resolution
9.1 This agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this agreement or its formation) shall be governed by and construed in accordance with English law.
9.2 The parties to this agreement irrevocably agree that the courts of England shall have exclusive jurisdiction to hear and decide any suit, action or proceedings and/or to settle any disputes which may arise out of or in connection with this agreement and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of England.
9.3 Notwithstanding any other provisions of this contract, the Company shall have no liability (whether under contract, tort, statute or otherwise) to the Client under or pursuant to this agreement in relation to any claim for which notice of such claim is given after the later of the date of 12 (twelve) months after (i) practical completion of the Project(s) or (ii) the date the Services have been completed.
10. Revisions and data errata
10.1 The materials appearing on The Futures’ web site could include technical, typographical, or photographic errors. The Futures does not warrant that any of the materials on its web site are accurate, complete, or current. The Futures may make changes to the materials contained on its web site at any time without notice. The Futures does not, however, make any commitment to update the materials.
11. Links & Networks
11.1 The Futures has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any linked site. The inclusion of any link does not imply endorsement by The Futures of the site. Use of any such linked websites is at the user’s own risk.
12.1 You agree to indemnify, defend and hold harmless Brainchild Group LTD (Trading as The Futures) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
14.1 All communication between you and any The Futures representative are held confidential. We will not disclose your private information or project information with unauthorized users. However, unless we have a specific arrangement with you (we have a Non-Disclosure Agreement with you) we are able to publish the work created for your account for marketing or publicity purposes.
15. Ownership, trademarks & provided assets
15.1 You own all graphics and files we create during any month paid in full. 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 Brainchild Group LTD (Trading as The Futures) that all materials provided do not infringe on the intellectual property rights of third parties. We act as creatives and help you in creating and visualising graphic concepts, we are not researchers and as part of this agreement you agree that we are not to be held accountable for any copyright infringement of any kind ever arising from your use of the platform. It is ultimately you who has to do due diligence on any work produced or reproduced as a result of using the service. This means that you hold full legal responsibility for the use of any works approved by you and used by you personally or commercially regardless if the images have been provided by you or by Brainchild Group LTD (Trading as The Futures).
15.2 You agree to indemnify, defend, and hold harmless Brainchild Group LTD (Trading as The Futures) and its affiliates, officers, members, managers, agents, successors and assigns (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.
15.3 If you decide to cancel your subscription within your initial trial period (7-Day money back guarantee period) all designs produced for you during this time are not to be utilised by you for any commercial or personal purposes and will immediately be surrendered to be of the exclusive use of Brainchild Group Ltd.
16. Sample work
16.1 By default, you agree to provide The Futures 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 email@example.com
17. Creative rounds
17.1 A creative round is a measurement of creative output and what we are able to accomplish in a creative round depends on the complexity and total volume of your requests. A creative round begins when the request or revision is assigned to our team through our Design Request Form. Requests or revisions will not be assigned if they are unclear, vague or missing required assets and information. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.
18. Delivery Output
18.1 You may submit as many design requests as you would like to and all requests will be stored on our management software and prioritized in order of arrival. Our team will work on one design at a time for you including revisions. In order for us to move onto the next project, your current project must be fully completed and approved before we can move onto the next project. You can also Pause or Cancel a project if you no longer wish for that project to be completed. Pausing or Canceling a project will instantly stop its production and allow our team to move onto the next project in line.
18.2 Production of a design, variations and editable files occur one design at a time delivered per business day.
When a request contemplates the production of two or more designs, it is then considered a request with multiple projects. Meaning that designs will be produced for each of the projects at a pace of one design at a time and delivered a day at a time until completion.
As this requires a bit of management, your account managers will very smoothly process their production and will let you know about the delivery schedule for each of these.
18.3 Our service is a next day delivery service. Meaning, deliveries are done before midnight of the next business day in relationship to the local time of the customer's main understood place of operations with revisions being delivered for one project at a time, one business day at a time.
19. Offers & Promotions
19.1 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.