Futurity

Terms of Service

Terms and conditions governing the use of our website and services

Last Updated: April 6, 2023

1. Acceptance of Terms

Welcome to Futurity Digital Agency. These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

3. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

4. Account Registration

Some of our Services may require you to create an account. When you register for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Services and Pricing

We offer various digital services, including but not limited to web development, UI/UX design, digital marketing, mobile app development, e-commerce solutions, and brand strategy. The specific services, deliverables, timelines, and pricing will be outlined in a separate agreement or statement of work.

All prices are subject to change without notice. We reserve the right to modify or discontinue any service at any time without liability to you.

6. Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by Futurity Digital Agency, our licensors, or other providers of such material and are protected by copyright, trademark, and other intellectual property laws.

Upon full payment for our services, clients will receive ownership rights to the final deliverables as specified in the project agreement. However, we retain ownership of all preliminary designs, concepts, and other materials that were not selected as final deliverables.

7. User Content

You retain all rights to any content you submit, post, or display on or through our Services ("User Content"). By providing User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with providing the Services.

You represent and warrant that: (i) you own the User Content or have the right to use and grant us the rights and license as provided in these Terms, and (ii) the User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity.

8. Prohibited Uses

You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
  • To impersonate or attempt to impersonate Futurity Digital Agency, a Futurity employee, another user, or any other person or entity
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Futurity or users of the Services
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services

9. Payment Terms

Payment terms will be specified in the project agreement or statement of work. Unless otherwise agreed upon in writing, invoices are due upon receipt. Late payments may be subject to late fees or interest charges as permitted by law.

For subscription-based services, you authorize us to charge your payment method on a recurring basis. You agree to maintain current payment information and sufficient funds to cover all charges.

10. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FUTURITY DIGITAL AGENCY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

12. Limitation of Liability

IN NO EVENT SHALL FUTURITY DIGITAL AGENCY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

13. Indemnification

You agree to defend, indemnify, and hold harmless Futurity Digital Agency, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with any project agreements or statements of work, constitute the entire agreement between you and Futurity Digital Agency regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

17. Contact Information

Questions about the Terms should be sent to us at:

Futurity Digital Agency
123 Digital Avenue
Tech City, TC 12345
Email: legal@futurity.com
Phone: (123) 456-7890