Terms of Service
- 1. Terms and acceptance
- 2. Intellectual Property Rights
- 3. Payments and Refunds
- 4. Refund Policy Requirements
- 5. Disclaimer of Warranties
- 6. User Registration
- 7. Governing Law and Dispute Resolution
- 8. Revisions and data errata
- 9. Links & Networks
- 10. Indemnification
- 11. Severability
- 12. Confidentiality
- 13. Ownership, trademarks & provided assets
- 14. Digital Millenium Copyright Act (DMCA)
- 15. Sample work
- 16. Creative rounds
- 17. Delivery Output
1. Terms and acceptance
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 anytime by updating this page. You should visit this page periodically to review these conditions, as they are binding to you.
2. Intellectual Property Rights
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.
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.
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.
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, included, but not limited to removing any copyright or other proprietary notations from the materials.
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 and Refunds
Payments and Cancellations: You may cancel our services anytime either by contacting email@example.com or by speaking to a representative and following up with a written confirmation. As we require a 30-day cancellation period after written notification of cancellation you will be charged for the following 30 days after we have received your cancellation notice. 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.
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.
Taxes: All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you're exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied its valid and applicable, only apply from and after the date we receive such documentation. If Brainchild Group LTD (Trading as The Futures) has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where Brainchild Group LTD (Trading as The Futures) does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).
4. Refund Policy Requirements
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 14 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:
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.
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.
Your eligibility for a refund is nulled if…
You APPROVE of any project.
You request or download source or final files.
Please note, you are free to cancel your membership during the 14-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 membership within the 14-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).
5. Disclaimer of Warranties
Limitation of Liability
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.
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 representation, 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.
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 the 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.
6. User Registration
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.
7. Governing Law and Dispute Resolution
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.
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.
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.
8. Revisions and data errata
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.
9. Links & Networks
The Futures has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Futures of the site. Use of any such linked website is at the user’s own risk.
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.
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.
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.
13. Ownership, trademarks & provided assets
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.
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.
If you decide to cancel your subscription within your initial trial period (14-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.
14. Digital Millenium Copyright Act (DMCA)
All DMCA notices are to be submitted via the contact details below in these Terms. If any material appears to be in breach of any laws including DMCA you should provide us with written notice. To submit a DMCA notice the template must include:
• A statement that you have read and understood this DMCA process;
• Identified relevant work or material;
• Explain possible remedies;
• Provide your contact information; and
• Include your physical or electronic signature.
We may make certain information available provided by third parties relating to these Services. This information is provided as a guide and as entertainment purposes only and should not be interpreted as a recommendation. Use of these Services does not replace consultations with professionals. As information is constantly updated some information may be out of date from time to time. You agree that all risk associated with the use of, or reliance on, any of the information rests with you. Further you agree that we and our suppliers shall not be liable, directly or indirectly in any way for any loss or damage of any kind as a result of your use of these Services.
15. Sample work
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. If you would like to revoke this right, please notify our team in writing to firstname.lastname@example.org
16. Creative rounds
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.
17. Delivery Output
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.
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.
18. Offers & Promotions
You can only benefit from one promotion at a time, you cannot combine two or more promotions simultaneously.