Terms and Conditions

Welcome to More Coffee Design’s Terms and Conditions! We are really very happy that you are on board. Thank you for choosing to use our services.

Below, we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary for the protection of both you and us, and to make our services possible and more enjoyable for everyone. More Coffee Design offers a wide range of services and features, and some of the following terms may not be relevant to the specific services you use.

We know that reading legal terms can be tedious. Therefore, we try to make it a more enjoyable experience. If you have suggestions on how we can improve, we invite you to contact us.

1. Acceptance of Terms

These Terms of Service (this “Agreement”) between More Coffee Design, Inc. (“us” or “More Coffee Design”) and you govern your access and use of our web platform available through www.morecoffeedesign.com (this “Site”) and the subscription services or others we provide (the “Services”). By using this Site and accessing our Services in any way, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

This Site is controlled and operated by us from our offices in the United States. We do not ensure that the materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from locations outside the United States are responsible for compliance with all applicable laws.

We may update this Agreement from time to time. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon their posting. We encourage you to review the “Terms of Service” link on the homepage each time you visit this Site, so you are aware of any updates.

2. Privacy Policy

Our privacy policy, which can be found at the “Privacy Policy”, describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately. You must be at least 18 years old to access this Site.

3. The Services

3.1 Subject to your compliance with this Agreement, as well as your subscription to an applicable plan and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available, subject to scheduled downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, without prior notice.

3.2 You may only access and use the Services in accordance with the terms of this Agreement.

You agree to:

  1. Provide accurate, current, and complete information about yourself as required by any form on this Site (“Registration Data”).
  2. Promptly maintain and update the Registration Data to keep it accurate, current, and complete.
  3. Maintain the security of any password and identification information.
  4. Notify us immediately of any unauthorized use of your account.
  5. Accept sole responsibility for all and any activities that occur under your account. You must provide a valid email address for each person you authorize to use your account. You agree to provide any other information we reasonably request.

3.3 You are responsible for obtaining and maintaining all telecommunications, broadband, and computer equipment needed to access and use the Services and for paying all charges related thereto.

3.4 We may terminate your account without prior notice or liability to you if we find, in our sole and absolute discretion, that you:

  1. Have violated this Agreement.
  2. Are not in alignment with our model.
  3. Are sharing usernames or passwords.
  4. Violate our core values.
  5. Are abusing our services or equipment in any way, including using our services for illegal purposes.

3.5 “Deliverables” means content that we develop and provide specifically for you based on your design requests. Deliverables include Licensed Content, which is subject to certain license restrictions.

3.6 “Licensed Content” means pre-existing or stock content elements that we own or license from a third party, including art, stock photography, audio, typography, video, designs, and writings. While you are, and will be, the sole and exclusive owner of all rights, title, and interest in and to the Deliverables, the Licensed Content incorporated into the Deliverables is subject to the license described in Section 5 below. You are not granted any rights to any Licensed Content beyond what is expressly set forth herein.

3.7 Subject to your ongoing compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal commercial purposes. You may not access or use the Services to monitor their availability, performance, or functionality for competitive purposes. You may not, and may not allow any third party to:

  1. Reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble or otherwise attempt to discover the source code, object code, or underlying structures, ideas, or algorithms of the Services.
  2. Modify, translate, or create derivative works based on the Services.
  3. Use the Services for any purpose other than your own internal purposes.
  4. Use the Services in any other manner than in accordance with the Agreement and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).

3.8 You grant us a perpetual, irrevocable, worldwide, non-exclusive, transferable, and sublicensable right and license to commercially exploit in any manner any feedback, suggestion, or recommendation you provide to us.

4. Use of the Services

4.1 You own and/or control all the information, data, or materials that you provide to us to use the Services (“Client Content”). By submitting Client Content to us, you are representing that you own such Client Content and/or have the necessary rights, licenses, and authorization to distribute it. You grant us a worldwide, free, non-exclusive license to access and use the Client Content to provide the Services.

4.2 You are, and will be, the sole and exclusive owner of all rights, title, and interest in and to the Deliverables, including all intellectual property rights therein. We agree that with respect to any Deliverable that may qualify as a “work made for hire” as defined in 17 U.S.C. §101, such Deliverables are considered a “work made for hire” for you. To the extent that any Deliverable does not constitute a “work made for hire,” we irrevocably assign to you all right, title, and interest worldwide in and to the Deliverables, including all intellectual property rights therein. Notwithstanding the foregoing, the terms of this Section 4.5 are subject to your compliance with this Agreement, your full payment of amounts due, and the terms of Sections 4.4 and 5 below. You grant us a limited, non-exclusive, non-sublicensable, free worldwide license to use, host, run, copy, reproduce, process, adapt, translate, publish, transmit, display, and distribute any Deliverable we develop in connection with the Services solely to provide you with the Services and manage your account. We may also use the Deliverables and other information about you and your use of the Services for internal purposes to improve our Services and in an aggregated form to illustrate the scope of our Services for marketing and advertising purposes.

4.3 More Coffee Design does not endorse and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not allowed to use the Service in a way that may or is likely to incite, promote, or support such discrimination and must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Service, without prior notice and without liability for any reason.

4.4 The Services may use AI-generated content as part of your Deliverable. To the extent that you use AI-generated content or otherwise accept the use of AI-generated content in your Deliverable, you agree to and will comply with OpenAI’s terms of use with respect to such AI-generated content (whose terms are located at https://openai.com/policies/terms-of-use and are incorporated herein by reference). To clarify, OpenAI’s terms of use are independent of and additional to (and do not supplant or replace) the Terms of Service of More Coffee Design, which will continue to apply in full force and effect. We have very limited control over AI-generated content. We make no warranty or representation of accuracy, completeness, reliability, ownership, or non-infringement with respect to any AI-generated content.

4.5 Graphic Design Services

4.5.1 You may use graphic design services for any number of projects and scopes for which you have subscribed according to the corresponding plan and as appropriate based on the size of your account. For deliverables and revisions of those deliverables, our production volume is limited to 10 per day in the case of monthly subscriptions or the maximum number of designs purchased On-Demand. We will do our best to work with you to address any priority elements and your deadlines.

4.5.2 We do our best to minimize any errors in the final deliverables. However, due to the nature of creative design, we cannot guarantee that all final deliverables will be 100% error-free. When we deliver a file to you, you agree to review and correct all files for errors or omissions and notify us if changes or corrections are needed within seven (7) days of receipt. We will do our best to quickly make edits to correct any errors you notify us of during this period. If you notify us of any errors after that period, we are not obligated, but will try to work with you to make corrections.

4.5.3 The speed of your account is determined by how many subscriptions you have. A subscription is a measure of production and represents what we can achieve in a working day, with our team, our software, and our web platform. What we can create with a single subscription depends on many factors, including, but not limited to:

  1. the type of plan
  2. the volume of requests
  3. the complexity of the requests.

We do not guarantee the amount of work we can create with a single subscription. To increase the volume of work we can complete within a working day, we suggest you add subscriptions to your account.

4.6 Web Design Services

4.6.1 Our web design and maintenance services include domain, hosting, and email. These services are offered under a monthly subscription model, customized according to the unique package selected by the client.

4.6.2 Web development is carried out on a temporary domain. The client is responsible for reviewing and notifying any errors or necessary changes within seven (7) days after delivery. This period is crucial for corrections and authorization. If no modifications are made during this time, the website will be deemed approved, will be published on its final domain, and the subscription period will begin.

4.6.3 Once the website is authorized, clients are entitled to unlimited changes during the duration of their subscription. We commit to carrying out most of these modifications in less than 12 hours, depending on the volume and complexity of the requests.

4.7 Social Media Services

4.7.1 We offer management and maintenance of social media, which includes the creation and scheduling of posts and designs, under a monthly subscription model. The cost varies according to the number of posts and designs requested each month.

4.7.2 We strive to maintain the quality and relevance of content for social media. However, we cannot guarantee its effectiveness in terms of engagement or reach. Requests for changes or corrections in the content must be made within two (2) days after delivery of the material. In the absence of modifications in this period, the content will be published on the scheduled date.

4.7.3 The efficiency in social media management depends on the contracted plan, based on the number of posts. We adapt our services to the specific needs of the client in terms of content volume.

4.7.4 We are not responsible for misunderstandings or issues associated with the publication of content on social media. It is the client’s responsibility to ensure that the content adequately reflects their message and purpose before final authorization.

4.8 Printing Services

4.8.1 We offer a range of printing services, including brochures, business cards, and banners. We provide free design for each printing service.

4.8.2 We strive to ensure the high quality of our printed products and guarantee 100% satisfaction in printing. However, it is crucial that the client reviews and authorizes the designs through the simulations provided before final printing to ensure they meet their expectations.

4.8.3 Designs created exclusively for printing by More Coffee Design will not be delivered or licensed for other uses. If the client wishes to obtain the design deliverables for other purposes, these will be charged according to the available graphic design packages.

5. Use of Licensed Content

5.1 Subject to your compliance with this Agreement and full payment of the amounts due, we grant you a revocable, non-exclusive, non-transferable, royalty-free, worldwide right and license for the Licensed Content for your personal or professional use incorporated into a Deliverable. Except as expressly provided in the license terms associated with the Licensed Content, all Licensed Content is provided and licensed only for single use incorporated into a Deliverable. You may transmit, display, distribute, or reproduce that Deliverable which includes the single-use Licensed Content, but only as part of that Deliverable. If you wish to use the Licensed Content for another project, final product, or different use, you must acquire another license. Under no circumstances will you use the Licensed Content independently. Except as we expressly permit, you agree not to accumulate, sell, rent, sublicense, distribute, copy, reproduce, republish, reverse engineer, download, extract data, or modify any Licensed Content made available to you.

5.2 To the extent we license the Licensed Content from any third party, including but not limited to Adobe Stock or Envato, you agree to comply with the relevant third-party license, which, as appropriate, includes the General Terms of Adobe Stock and the Specific Product License Terms at https://www.adobe.com/legal/terms/enterprise-licensing.html and the license terms of Envato Elements at https://elements.envato.com/license-terms. To clarify, these license terms are independent and additional to (and do not supplant or replace) the Terms of Service of More Coffee Design, which will continue to apply in full force and effect.

Except with our written permission, you may not:

  1. Sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any part of your rights to use Licensed Content apart from the Deliverable in which it is incorporated.
  2. Change, alter, adapt, translate, convert, modify, or create any derivative work from any Licensed Content.
  3. Falsely represent that you are the original creator of any Licensed Content.
  4. Use Licensed Content in a pornographic, defamatory, or other illegal manner.
  5. Use Licensed Content in any way that allows others to download, extract, or redistribute Licensed Content as an independent file or work.
  6. Use Licensed Content that features models or properties in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate:
    • That the content is used for illustrative purposes only.
    • Any person depicted in the content is a model.

5.3 Our licensors and we retain ownership over the Licensed Content, whether downloaded through our stock services or incorporated into your Deliverable. We reserve the right to terminate, revoke, or withdraw all licenses in the event of non-compliance with any provision of this Agreement. In the event of any termination, you will no longer have the right to use the Licensed Content, which may include the Licensed Content included in your Deliverable.

6. Fees

6.1 The use of our Services requires the payment of recurring fees. Before having any obligation to provide Services, you must pay the fees (as well as applicable taxes) in full, in the amounts and with the billing frequency specified during registration, as you update it (prospectively, not retroactively) from time to time. All fees are payable upon receipt of the invoice. More Coffee Design’s failure to provide an invoice does not exempt you from your obligation to pay the fees according to the terms specified when you register. You agree that, by registering for the Services, you authorize us to charge your payment method (for example, credit card) the fees and applicable taxes from the date of your registration according to your chosen billing frequency (for example, monthly, quarterly, annual). Overdue charges will accrue monthly interest at a rate of 1.5% of the unpaid balance at that time, or the maximum rate allowed by law, whichever is lower. In the event of non-payment of the amounts corresponding to the services provided, these will be suspended in full 7 calendar days after the corresponding billing date. All amounts due under this Agreement are unalterable and non-refundable.

6.2 We reserve the right to change our fees with 5 days notice. By continuing to use the Services, you accept such changes. We are not obligated to notify you of temporary promotions or rate reductions.

6.3 You may cancel your subscription with us at any time directly in our application, or by contacting our support team. If you cancel your subscription before the next renewal cycle, you may continue to use your account and access your design files until the end of your paid billing period. When your subscription expires, you will no longer have access to our Services and all design files associated with those Services. We do not offer refunds or credits for partial months of service, downgrades, or unused time.

7. Confidential Information

7.1 For the purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information related to current or future businesses, products and services, research, development, design details and specifications, and marketing plans.

7.2 During the course of our relationship, you may disclose your Confidential Information to us. We commit to maintaining the confidentiality of and not disclosing to any third party any of your Confidential Information, except as approved or directed in writing by you, and will use your Confidential Information solely for the Services. We will limit access to your Confidential Information only to those employees, directors, contractors, representatives, and agents who are involved in providing you with Services. We will be responsible to you for any breach of this provision by our employees, directors, contractors, representatives, and agents.

7.3 During the course of our relationship, we may also disclose our Confidential Information to you. You commit to maintaining the confidentiality of and not disclosing to any third party any of our Confidential Information, except as approved or directed in writing by us, and will use our Confidential Information only for the purposes permitted by this Agreement. You will limit access to our Confidential Information only to those employees, directors, contractors, representatives, and agents to whom it is necessary to disclose our Confidential Information. You will be responsible for any breach of this provision by your employees, directors, contractors, representatives, and agents.

7.4 Notwithstanding anything to the contrary in this Agreement, the following is not Confidential Information:

  1. Information that was in the public domain at the time of its disclosure or has entered the public domain without violating this Agreement.
    • Information that was already in the lawful possession of one of the parties at the time of the disclosure.
    • Information that is independently developed by one of the parties without violating this Agreement.
    • Information that is known to one of the parties, without restriction, from a third-party source that does not directly or indirectly involve a violation of this Agreement.

7.5 The confidentiality obligations under this Agreement will survive for five (5) years after the termination of this Agreement.

.

8. Publicity

Unless you provide us with written notice to the contrary or any reasonable restriction or requirement, you agree that we may disclose that you are a client and may use your name(s) and logo(s) in:

  1. Our digital, online, and printed marketing materials (including on our websites).
  2. External presentations, including to individual clients and prospects.

9. Term and Termination

9.1 This Agreement will expire and terminate with the expiration or termination of your account or subscription to a Service; provided, however, that all sections of this Agreement that by their nature should survive termination will survive termination, including but not limited to, accrued rights to payment, confidentiality obligations, disclaimers of warranty, and limitations of liability.

9.2 We may terminate this Agreement at any time upon notice if you breach or violate this Agreement. Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement related to such Service will immediately terminate, you will lose all access to the applicable Service, including access to your account and Client Content or other files. If we terminate the Agreement due to your breach, any license of Licensed Content will terminate.

10. Disclaimer of Warranties

Except as specifically set forth in this Section 10.1, the Site and the Services (including but not limited to Deliverables, Licensed Content, and AI-generated content) are provided “as is, as available”. We make no promises about our Services and, to the extent permitted by law, disclaim all warranties, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property and other violations of rights, whether oral or written, whether arising by law, course of dealing, course of performance, usage, trade, or otherwise.

11. Limitation of Liability

We will not be liable for any profit, revenue, data, financial loss, or indirect, special, consequential, exemplary, or punitive damages arising from the use or inability to use this Site. To the extent permitted by law, our total liability for any claim under these terms, including for any implied or express warranty, will not exceed fifty dollars ($50.00), regardless of the cause of action, in tort, contract, or otherwise. This paragraph does not affect any liability that cannot be excluded or limited under applicable law.

12. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with the Client Content or the use of the Services, any Deliverable, Licensed Content, or AI-generated content, including but not limited to the violation of any third-party license terms. You shall cooperate as we require in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not, in any case, settle any claim without our prior written consent.

13. Links to Third-Party Platforms

If this Site is available through any third-party platform, or if we provide links from this Site to any third-party platform, then we do not accept responsibility for any content or practices of such third parties.

14. Digital Millennium Copyright Act

14.1 We take copyright infringement claims seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any material accessible on or from this Site infringes your copyright, you may request the removal of those materials from this Site by sending written notification to our designated agent below.

14.2 In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notification (the “DMCA Notification”) must substantially include the following:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on this Site, a representative list of such works.
  3. Identification of the material you believe is infringing in a sufficiently precise manner to allow us to locate that material.
  4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  5. A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the written notification is accurate.
  7. A statement, made under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

14.3 Our designated agent to receive DMCA Notifications is:

Personnel Manager

More Coffee Design, Inc.

Hello@MoreCoffeeDesign.com

15. Dispute Resolution and Choice of Forum

15.1 This Agreement is governed by, and construed in accordance with, the laws of the State of Texas, without regard to any choice of law, conflicts of law, or other principles that would result in the application of the laws or regulations of any other jurisdiction. Any legal action, claim, or proceeding arising out of or relating to this Agreement shall be instituted in a state or federal court of competent jurisdiction in Williamson County, Texas. The parties agree to submit to the exclusive jurisdiction of these courts in any legal action or proceeding.

15.2 If it is found that no court in Williamson County, Texas has jurisdiction, then the parties shall arbitrate any dispute arising out of or related to this Agreement through binding arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

15.3 The parties agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action.

15.4 The parties agree that any cause of action or claim arising out of or related to these terms of use must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

16. Assignment

This Agreement and the rights and obligations hereunder are personal to you, and you may not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder, without our prior written consent. We may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, bankruptcy, reorganization, or sale of some or all of our assets or stock.

17. Severability

If any one or more of the provisions of this Agreement are for any reason held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect, and the invalid, illegal, or unenforceable provision(s) shall be replaced by a valid, legal, and enforceable provision(s) that comes closest to the intention of the parties underlying the invalid, illegal, or unenforceable provision(s).

18. No Waiver

The failure of either party to exercise in any respect any right provided herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.

19. Force Majeure

If we are unable to perform any obligation under this Agreement due to any reason beyond our reasonable control, including but not limited to, pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, floods, exceptionally severe weather, fires, explosions, war, civil disorder, industrial disputes/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility or other third-party services, and hostile network attacks (each, a “Force Majeure Event”), we shall have no liability to you for such failure; provided, however, that we shall resume performance as soon as the circumstances constituting the Force Majeure Event are removed.

20. Entire Agreement

If you have executed a separate agreement with us applicable to your access and use of this Site or our Services, then the terms and conditions of that agreement prevail in the event of any conflict with this Agreement. In all other cases, this Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior communications and proposals.