Terms of Service

Welcome to Wowly Design, a website and online service (collectively the "Service" or "Wowly", also reffered as "we," "us," or "our"). This page explains the terms by which you may use our online and/or mobile services, websites (including any subdomains), subscription services, and software provided on or in connection with the Service.

Acceptance

By creating an account and checking the "I agree" box or accessing or using the Service, you (1) agree that you have read, understood, and agree to be bound by the terms and conditions of these Terms of Service, including the License Terms ("Terms"), which constitute a binding agreement between us, and (2) also that you have read and acknowledge the collection and use of your information as set forth in our privacy policy or privacy statement, as the case may be (the "Privacy Statement"), whether or not you are a registered user of the Service.

These Terms apply to all visitors, users, buyers, sellers and others who access the Service ("User(s)," or "you," or "your"). If you open a Wowly Design account on behalf of an organization or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

If you have any questions, please don’t hesitate to contact us at: support@wowly.design

Use of Our Service.Wowly Design provides a creative community and marketplace where Users can buy and sell design items, such as infographic design templates, and other digital assets ("Assets") and socialize around the content (e.g. make comments and participate in Discussions). Wowly Design offers a subscription service, where Buyers may purchase a subscription to download an infinite number of Assets each month.

  1. To be eligible to use our Services, you must be at least 18 years old.

    Your eligibility to access certain Services may also depend on the country in which you reside.

  2. License Terms.The Wowly Design Licenses apply to your use of any Assets downloaded from https://wowly.design under your Wowly Design subscription. In the event of a conflict between the License applicable to you and these Terms, the License will apply to the extent of that conflict.

  3. Wowly Design Service.Wowly hereby grants a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your use only as permitted by the features of the Service and by these Terms. Wowly Design reserves all rights not expressly granted herein in the Service and the Wowly Design Content (as defined below). Wowly Design may terminate this license at any time for any reason or no reason.

  4. Wowly Design Accounts.Your Wowly Design account gives you access to the services and features that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. By connecting to Wowly Design with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service.

Security

It is your responsibility to safeguard information you provide to create an Account.

Make sure to follow these rules to make ensure the security of your account:

  • Create a new email address that will be used only for [Company]
  • Make sure your account password is different from your email account password
  • Enable 2FA on your email account
  • Do not provide your password to anyone
  • Do not call any phone number for someone claiming to be [Company] Support
  • Do not send any money to anyone claiming to be a member of [Company]

We will never

  • ask for your password, 2FA codes, or other Login credentials
  • ask you to install remote login or remote support software on your computer
  • send any letters asking to donate or transfer funds
  • ask to send personal data to participate in contests

Wowly Design reserves the right to monitor downloads and user activity to ensure compliance with the terms of these Terms and the applicable License Agreement, which it may update from time to time.

Service Rules.You agree not to engage in any of the following prohibited activities:

  1. Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping".

  2. Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Wowly Design servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Wowly Design grants the operators of public search engines revocable permission to use spiders to copy materials from Wowly.Design for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

  3. Transmitting spam, chain letters, or other unsolicited promotional email.

  4. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.

  5. Taking any action that imposes- or may impose, as we determine at our sole discretion- an unreasonable or disproportionately large load on our infrastructure.

  6. Uploading invalid data, viruses, worms, or other software agents through the Service.

  7. Collecting or harvesting any personally identifiable information, including account names and emails, from the Service.

  8. Using the Service for any commercial solicitation purposes.

  9. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, engaging in fraud, hiding or attempting to hide your identity.

  10. Interfering with the proper working of the Service.

  11. Accessing any content on the Service through any technology or means other than those provided or authorized by the Service.

  12. Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content.

  13. We may, without notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

Resolution Process for Transactions.All parties share the responsibility for making sure that purchases facilitated by our Service are satisfactory and hassle-free. Our Service hosts the resolution process for transactions when Buyers claim that their Asset was not received, or the Asset they received was different from what was described in the product listing. We may take a more active role in ensuring transaction problems are resolved; however, you understand that we are not obligated to do so. You agree to permit us to make a final decision, in our sole discretion, on any disputes. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used.

Ideas.You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Wowly Design under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.By accepting the submission, Wowly Design does not waive any rights to use similar or related ideas previously known to Wowly Design, or developed by its employees, or obtained from sources other than you.

Wowly Design Property. All data on Wowly Design's servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Wowly Design's servers, may be deleted, altered, moved or transferred at any time for any reason in Wowly Design’s sole discretion, with or without notice and with no liability of any kind. Wowly Design does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Wowly Design’s servers.

Fees and Paid Services.

Billing Policies.Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the posted pricing and payment terms as we may update them from time to time. Wowly Design may cancel subscriptions without prior notice if we are unable to process payment through the provided method of payment.

Subscription Billing.For those aspects of the Service for which a subscription fee is payable, you may select to have your subscription auto-renewed at the end of each subscription term until you cancel or downgrade your plan, or you can select to pay a one-time fee for a one-month access. You authorize Wowly Design to charge the applicable subscription fees at the then-applicable rate and taxes for the subscription to the credit card on file at each renewal term. Wowly Design may cancel subscriptions without prior notice if we are unable to process payment through the provided method of payment.

Refunds.All refunds are at the sole discretion of Wowly Design. You may cancel your account at any time; however, there are no refunds for cancellation.

In the event that Wowly Design suspends or terminates your account or these Terms for any reason, you understand and agree that you shall receive no refund or exchange for any Wowly Design Property, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

In the event Wowly Design makes an exception and issues a refund we kindly ask you to delete all relevant product files (if possible) from any and all places you have distributed the files to and all computers you have downloaded them to as after the refund you will be using them without a license from Wowly design.

You also understand that once a refund is requested, you are expected to avoid exploiting the product files in question, and immediately upon receipt of a refund, you will be asked to remove all the product files previously downloaded from the Wowly Design resource and stop using them in any form or for any purpose whatsoever.

An exception may be made to the above policy and a refund given for Wowly Design subscriptions cancelled within 14 days of your invoice date, provided no Assets have been downloaded. If you have downloaded Assets, your subscription will not be eligible for a refund.

Payment Information and Taxes.All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Storage Practices and Limits.There is limited storage space for User Content on the Service. While we’ll make efforts we believe are reasonable to safeguard and backup User Content, and to make User Content available in case of loss or deletion, we have no responsibility or liability for the deletion or failure to store or the security of any User Content or Assets. We reserve the right to mark or treat as "inactive" and archive accounts and/or User Content or Assets that are inactive for an extended period of time, as determined by us. We reserve the right to change our practices and storage rules at any time in our sole discretion with or without notice to you.

Third-Party Links.The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Wowly Design. Wowly Design does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and the Privacy Statement do not apply to your use of such sites. You expressly relieve Wowly Design from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of Assets, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Wowly Design shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Mobile Software.We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Wowly Design does not warrant that the Mobile Software will be compatible with your mobile device. Wowly Design hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Wowly Design account on one mobile device owned or leased solely by you, for your personal use. You may not:

  • Modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law.
  • Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party.
  • Make any copies of the Mobile Software.
  • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software.
  • Delete the copyright and other proprietary rights notices on the Mobile Software.

You consent to automatic upgrading of the Mobile Software on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license or EULA, if any, authorizing use of such code. You agree to comply with all Ukrainian and foreign laws related to use of the Mobile Software and the Service.

Indemnification.You shall indemnify, defend and hold harmless the Company and its collaborators, suppliers and licensors, and their officers, directors, agents, and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with:

  • your use of the Site;
  • your breach of this agreement;
  • violation of Law;
  • your submission, posting, or transmission of user content to the website; or
  • violation of the rights of a third party.

Limitation on Liability.Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.

Our total liability under this agreement is limited to the total amount paid by you to us in the 6 months immediately preceding the data on which the date on which the claim giving rise to the liability arose.

Disclaimers.The Site is provided "as is," without any warranties of any kind. To the fullest extent permissible under applicable Law, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.

The Service is controlled and operated from its facilities in Ukraine. Wowly Design makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations, and all laws related to protection and transfer of data and personal identifiable information. You may not use the Service if you are a resident of a country embargoed by Ukraine, or are a foreign person or entity blocked or denied by the Ukrainian government.

General

Governing Law and Jurisdiction.Subject to the other terms and conditions of these Terms, you agree that any action at law or in equity arising out of or relating to these Terms that is not subject to arbitration shall be governed by and construed in accordance with the laws of Ukraine.

Copyright Policy.The Company respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

  • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf,
  • identification of the copyrighted work claimed to have been infringed,
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,
  • your contact information, including your address, telephone number, and an email address,
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
  • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Filtering.Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise and OnGuard Online. Please note that we do not endorse any of the products or services listed at such site.

Entire Agreement.The parties intend that this agreement, together with all attachments, schedules, exhibits, and other documents that both are referenced in this agreement and refer to this agreement,

  • represent the final expression of the parties' intent relating to the subject matter of this agreement,
  • contain all the terms the parties agreed to relating to the subject matter, and
  • replace all of the parties' previous discussions, understandings, and agreements relating to the subject matter of this agreement.

Changes

Changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact.Please contact us support@wowly.design with any questions regarding these Terms or the Service or billing matters.

Last revised on April 1st, 2019.