DesignGram’s Terms of Service

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. Acceptance of Terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT.

1.1 The websites www.designgram.io and www.anagrammedia.tech belongs to Anagram Media Labs Company Private Limited which is a non-government company duly registered with Registrar of Companies (ROC) of Delhi having its registered office at A-89,2nd Floor, DDA Shed, Okhla phase 2, New Delhi – 110020. These terms of use (“Agreement”) set forth the legally binding terms for your use of the Site and Services (whether as a Customer or as a Designer). By registering for Services, you acknowledge that you have read and understood this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. You may not access or use the Site or Services if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, you cannot use the Services.

1.2This Site is controlled and operated by us from our offices within India. We make no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Those who choose to access this site from locations outside the India are responsible for compliance with all applicable laws.

1.3We 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 posting. We encourage you to check the “Terms of Service” link on the home page each time you visit this Site, so you are aware of any updates.

2. Why this Privacy Policy?

This privacy policy is published in compliance of Section 43A of the Information Technology Act 2000, Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011

This Privacy Policy describes “DesignGram” a brand under Anagram Media Labs Company Private Limited (Herein after referred to as the “Company”) policies and procedures on the collection and use and disclosure of the Information provided by the Users and visitors of the Website (together referred to as the “Users”). The Company shall not use the User’s information in any manner except as provided under this Privacy Policy. Every User who accesses the Website agrees to be bound by the terms of this Privacy Policy. Interpretation: In this Privacy Policy, references to “You”, “Your”, “User” shall mean the end user accessing the Website or the Services and “We”, “Us” and “Our” shall mean the Company, its affiliates and partners.

Our privacy policy, which can be found at ­­­­https://designgram.io/privacy-policy (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.

3. Services

3.1Subject to your compliance with this Agreement, as well as your subscription for 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 planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, without notice to you.

3.2You may only access and use the Services in accordance with the terms of the Agreement. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any form on this Site (“Registration Data”); (ii) maintain and promptly update the Registration Data, to keep it accurate, current and complete; (iii) maintain the security of any password and identification information; (iv) notify us immediately of any unauthorized use of your account; (v) accept sole responsibility for any and all activities that occur on your account. Each person who uses any Services must have a separate username and password. You must provide a valid email address for each person that you authorize to use your account. You agree to provide any other information that we reasonably request.

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

3.4We may terminate your account without prior notice or liability to you, if we find, in our sole and exclusive discretion, that you: (i) have violated this Agreement; (ii) are not in alignment with our model; (iii) are sharing usernames or passwords; (iv) violate our core values; or (v) are abusing our services or team in any way, including using our services for illegal purpose.

3.5 “Licensed Content” means content that we own or license, including artwork, stock photographs, audio, typeface, video, designs, and writings. While you are, and will be, the sole and exclusive owner of all right, title, and interest in and to your graphic design project, the Licensed Content incorporated in your graphic design project is subject to the license. No rights are granted to you other than as expressly set forth herein. You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sub licensable right and license to commercially exploit in any manner any feedback, suggestions or recommendations that you provide to us.

3.6 Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sub licensable, non-transferrable license to access and use the Services for your internal business purposes. You may not access or use the Services in order to monitor its availability, performance, or functionality for competitive purposes. You may not, and may not permit any third party to: (a) reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble or otherwise attempt to discover source code, object code or underlying structures, ideas or algorithms of the Services, (b) modify, translate or create derivative works based on the Services, (c) use the Services for any purpose other than its own internal purposes; or (d) use the Services other 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).

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

4.Payment Method

In order to use certain Site Services, you must provide account information for at least one valid Payment Method. You are hereby authorizes DesignGram, as applicable, to run credit card authorizations on all credit cards provided by you, and banking or other financial details as your method of payment consistent with our Privacy Policy, and to charge your credit card (or any other Payment Method) for Subscription Fees and any other amounts owed under the Terms of Service. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.

By providing Payment Method information through the Site and authorizing payments with the Payment Method, you represents, warrants, and covenants that: (a) You are legally authorized to provide such information; (b) You are legally authorized to make payments using the Payment Method(s); (c) if you are an employee or agent of a company or person that owns the Payment Method, that person is authorized by the company or person to use the Payment Method to make payments on DesignGram; and (d) such actions do not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law.

When you authorizes a payment using a Payment Method via the Site, you represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from your Payment Method(s), you will be solely responsible for paying such amounts by other means.

DesignGram is not liable to any User if DesignGram does not complete a transaction as a result of any limit by applicable law or your financial institution, or if a financial institution fails to honour any credit or debit to or from an account associated with such Payment Method. DesignGram will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with this Agreement and any applicable DesignGram Instructions.

5.Design Transfer Agreement

This Agreement relates to the sale and transfer or license of Intellectual Property Rights in Designs which are created by a Designer for a Customer via Designgram.

This Agreement will apply to you in your capacity as either a Customer or Designer in respect of the sale and transfer or license of a Design. When a Customer selects a desired Design for their Design Project, the Customer and the Designer will be deemed to have entered into a legally binding agreement for the provision of that Design from the Designer to the Customer, in each case upon the terms of this Agreement as set out below, unless the Customer and the Designer otherwise separately agree in writing.

5.1 Provision of the design

The Designer hereby agrees to provide and deliver the Transferred Design to the Customer in accordance with the Designer’s obligations set out in the Services Agreement.

5.2 Assignment of the intellectual property rights

• This clause will apply if a Customer has purchased the Transferred Design pursuant to a Design Project.
• If this clause applies, then upon receipt of payment for the Transferred Design in the form of DESIGNGRAM Payment (pursuant to the terms of the Services Agreement), the Designer hereby assigns to the Customer, all Intellectual Property Rights which the Designer has or may in the future have in the Transferred Design.

5.2 Incorporation of intellectual property rights owned by a third party

• The Designer warrants that prior to supplying the Transferred Design to the Customer, the Designer has disclosed to the Customer any Intellectual Property Rights in the Transferred Design which may be held by a third party.
• If the Design incorporates the Intellectual Property Rights of a third party, then:
• The Designer warrants that it has obtained a license from the relevant third party to incorporate the Intellectual Property Rights of that third party in the Design (“Third Party License”);
• If the Third Party License is capable of assignment to the Customer, then the Designer hereby assigns and transfers to the Customer, and the Customer hereby agrees to take an assignment and transfer of, the Third Party License and all of the rights and obligations of the Designer under the Third Party License;
• If the Third Party License is not capable of assignment to the Customer, then
  • The Designer must disclose this fact to the Customer prior to providing the Customer with the Transferred Design and prior to the conclusion of the relevant Design Project (if any);
  • The Designer warrants that the Customer may obtain a Third Party License to the Transferred Design in its own name; and
  • Prior to the conclusion of the Design Project (if any) or the supply of the Transferred Design to the Customer, the Designer must provide the Customer with details of where to obtain the Third Party License to the Transferred Design in its own name and the cost of doing so.
  • The Designer warrants that unless expressly stated to the contrary by the Designer prior to providing the Customer with the Transferred Design and prior to the conclusion of the Design Project (if any), the Third Party License provides the Customer with a worldwide, royalty free, perpetual right to display, distribute and reproduce (in any form) the Intellectual Property Rights of the third party contained in the Transferred Design.
• The Designer hereby indemnifies and keeps indemnified the Customer, DESIGNGRAM and DESIGNGRAM’ third party providers (“Indemnified Parties”) against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which the Indemnified Parties may suffer or incur as a result of a breach by the Designer of any of the provisions of clauses 2 and 3.

6. Refund

You may request a refund from us if you cancel your subscription either: (i) within 30 days of signing up. After this 30 day window, we will not issue a refund. From time to time, we may refuse a refund request if, in our sole discretion, we find evidence of fraud, refund abuse, or other manipulative behaviour. Promotions, upgrades, and adjustments to existing plans are non-refundable.

7. Waiver of Rights and Injunction

Our failure to act with respect to a breach of the Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions shall be deemed legally binding unless documented in a physical writing hand signed by a duly appointed officer of DesignGram.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

8. Force Majure

We are not liable for losses incurred as a result of failure to comply with its obligations in connection with circumstances beyond our control. We cannot be held responsible for losses incurred as a result of: • breakdown of or lack of access to IT systems, or of damage to the data maintained in these systems as a result of any of the reasons listed below, irrespective of whether the service provider or a third party is responsible for the operation of such systems, • a power supply failure or failure in our telecommunications systems, legislative or administrative interventions, natural disasters, war, revolution, civil unrest, sabotage, terrorism or vandalism (including virus attacks and computer hacking), • strikes, lockouts, boycotts or blockades, regardless of whether the conflict is directed against or was started by the service provider or by the service provider’s organisation, and regardless of the cause of such conflict. The foregoing also applies if the conflict only affects portions of the service provider and other circumstances that are beyond our control.

9. Arbitration clause and class action waiver- Important- please review as this affects your legal rights.

You agree that all disputes between you and us (whether or not such disputes involves a third party) with regard to your relationship with us, including without limitation dispute related to this user agreement, your use of the services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration as per the Indian Arbitration Act, 1996 or any claim, cause of action or dispute (“claim”) arising out of or related to the Terms shall be governed by the Indian Laws regardless of your country of origin or where you access DesignGram. This Agreement (and any dispute or claim relating to it, its enforceability or its termination) is to be governed by and construed in accordance with the laws of India. Each of the Parties agrees that, if any dispute(s) or difference(s) shall arise between the Parties in connection with or arising out of this Agreement, the Parties shall attempt, for a period of 30 (thirty) days from the receipt of a notice from the other Party of the existence of a dispute(s), to settle such dispute(s) by mutual discussions between the Parties. If the said dispute(s) cannot be settled by mutual discussions within the thirty day period provided above, either Party may refer the matter to a sole arbitrator to be mutually appointed in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held under the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in English language at New Delhi. The courts at New Delhi shall have the exclusive jurisdiction over any disputes relating to the subject matter of this Agreement.

10. Survival of Provisions

The terms and provisions of this agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement.

11. Severability

If any provision of this agreement is or becomes, in whole or in part, invalid or enforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.

12. Indemnity

You agree to indemnify and hold DESIGNGRAM (and its officers, employees, and agents) harmless, including reasonable costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content (including your Design Project, Design Concept, designs in the Project Service, and Reviews), (iii) your interaction with any other User, (iv) your violation of this Agreement or any applicable laws. DESIGNGRAM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of DESIGNGRAM. DESIGNGRAM will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

13. Third Party Sites & Ads

The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of DESIGNGRAM and DESIGNGRAM is not responsible for any Third Party Sites & Ads. DESIGNGRAM provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

14. Important Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE PROVIDE THE SERVICES AND ALL INFORMATION CONTAINED THEREIN ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. DESIGNGRAM MAKES NO CLAIMS WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE COMPANIES REVIEWED ON THE SERVICES. DESIGNGRAM DOES NOT ENDORSE ANY COMPANY, VENDOR OR SERVICE DEPICTED IN THE SERVICES AND DOES NOT ADVISE USERS TO SELECT ANY PARTICULAR COMPANY ON THE BASIS OF ITS REVIEWS OR RATINGS. REVIEWS ON THE SERVICES CONSIST OF THE OPINIONS OF THE REVIEWERS AND SHOULD NOT BE CONSTRUED AS STATEMENTS OF FACT. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF QUALITY, ACCURACY, OR RELIABILITY OF USER CONTENT. YOUR PURCHASE OR USE OF, AND THE QUALITY AND PERFORMANCE OF, ANY SERVICES OFFERED BY THIRD PARTIES REVIEWED ON THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. DESIGNGRAM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS. DESIGNGRAM DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES IN THE SERVICES OR IN THE INFORMATION IN OR DESCRIPTION OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, COMPANY PROFILES, PORTFOLIO IMAGES AND DESCRIPTIONS, REVIEWS, DIRECTORY AND RESEARCH DATA, ETC.). DESIGNGRAM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES OR ANY INFORMATION CONTAINED THEREIN FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY INFORMATION ABOUT A SERVICE OR COMPANY OTHER THAN DESIGNGRAM DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SERVICES BY DESIGNGRAM. IF YOU ARE DISSATISFIED OR HARMED BY DESIGNGRAM OR ANYTHING RELATED TO DESIGNGRAM, YOU MAY CLOSE YOUR DESIGNGRAM ACCOUNT, STOP USING THE SERVICES, AND TERMINATE THESE TERMS AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. DESIGNGRAM DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. DESIGNGRAM DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, DESIGNGRAM DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

15. Acceptance of Terms and Conditions

The placement of an order for design and/or any other services offered by DesignGram, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at https://designgram.io

An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and DesignGram

16. Contact

You may contact us regarding this policy by getting in touch with us on social@designgram.io through email and with appropriate subject or call us at +91-7703887123