Terms of Use

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THIS TERMS OF USE AGREEMENT (the "Agreement") constitutes a legally binding agreement by and between Bruvvv LLC, a company registered under the laws of the state of Wyoming ("Bruvvv"), and the client, whether personally or on behalf of an entity ("Client"), with regard to access and use of Bruvvv's website: https://bruvvv.com (the "Website") and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto.

Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client's use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Bruvvv shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Bruvvv for services rendered shall remain and continue to be an ongoing obligation owed by Client to Bruvvv.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Bruvvv, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the "Content") and the trademarks, service marks, and logos contained there (the "Marks") are owned and controlled by Bruvvv and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided "As-Is" for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Bruvvv's express prior written permission. Bruvvv reserves all rights to the Website, Content, and Marks.

2. Ownership of Materials

Notwithstanding Bruvvv's ownership of Submissions, as described in section 6 ("Client Deliverables"), all design and original source files created on Client's behalf ("Projects") belong to Client, and Client shall be the sole owner of the copyright for all Projects, subject to full payment of Subscription payments. In the event that any operation of law would cause Bruvvv to become the owner of a Project, in whole or in part, rather than Client, Bruvvv irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Bruvvv as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party's rights, including, but not limited to, all intellectual property rights and any right of publicity. Bruvvv always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 8 (Showcasing Design Work) of this agreement.

3. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Bruvvv and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project ("Third-Party Font(s)"), Bruvvv will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for the Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Bruvvv has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

4. User Representations

By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; Client's use of the Website will not violate any applicable law or regulation.

5. Prohibited Activities

Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Bruvvv on behalf of the Client. Further, Client agrees to refrain from the following: Make any unauthorized use of the Website; Retrieve data or content for the purposes of creating or compiling a database or directory; Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud or mislead Bruvvv or other users; Interfere with, disrupt or create an undue burden on the Website or Bruvvv's networks or servers; Use the Website in an effort to compete with Bruvvv; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; Harass, annoy, intimidate or threaten any of Bruvvv's employees, independent contractors or agents providing services through the Website; Delete the copyright or other rights notice from any Content; Copy or adapt the Website's software; Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party's use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism; Disparage, tarnish or otherwise harm Bruvvv; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.

6. Client Deliverables

  • Client Assets and Materials : Bruvvv will notify the Client from time to time during the Project of any assets needed to complete the Project. The Client is responsible for promptly providing all assets to Bruvvv upon reasonable notice from Bruvvv. Bruvvv will not be liable for any delay in the contemplated turnaround for a Project resulting from a delay in delivery by Client (or any third party contracted by Client) of any assets, and any such delay will not affect Client's obligation to pay any Subscription Fees or expenses due.
  • Client Feedback: Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a "Submission") shall be the sole property of Bruvvv and Bruvvv is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Bruvvv shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under section 2 ("Ownership of Materials"), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Bruvvv for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
  • Timing: All feedback from the Client on deliverables and revisions must be provided within 48 hours of Bruvvv's request. Any delay by the Client in providing feedback within any such specified time frame may cause a delay in the Project timeline and turnaround. Bruvvv will not be liable for any delay in the scheduled turnaround or increased costs of a Project arising from a client delay.

7. Rejected Submissions

  • Generally: For purposes of this Agreement, "Rejected Submissions" shall mean any concepts, ideas, designs, software, code, website programming, digital templates, mood boards, logos, wordmarks, color palettes, brand systems, artwork and mechanical drawings, both electronic and traditional, brand pillars, customer personas and profiles, brand concepts, lookbooks, typography, animation and any other deliverables prepared for a Project which are not finally accepted by Client.
  • Ownership of Rejected Submissions : Bruvvv shall retain ownership of all Rejected Submissions for its use; provided that Bruvvv shall not use any Rejected Submissions that contain any taglines, logos, trademarks, or names owned by Client. The Client does not hold any ownership rights to any Rejected Submissions.

8. Showcasing Design Work

Subject to any confidentiality obligations provided herein, Client grants Bruvvv a non-revocable right and license to use and publicly display the Client Work Product and Client's trademarks, names, logos, or domain name on Bruvvv's website, social media, or in other marketing or advertising materials, solely in connection with the promotion and marketing of Bruvvv's services and the work done for the Client unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Bruvvv, which in turn would void the right of Bruvvv to share or discuss the Client's work publicly.

9. Mutual Indemnification

Each party shall indemnify, defend, and hold the other harmless from and against any and all liabilities, claims, losses, costs, damages, and expenses (including reasonable attorneys fees and court costs) incurred in connection with any third-party claims that relate to or arise out of (i) such party's performance, or failure to perform, its obligations under this Agreement or (ii) any breach of the obligations of a party hereunder pursuant to this Agreement.

10. Payment, and Subscription

  • Subscription: Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis, depending on the type of subscription plan you select when purchasing a Subscription.

    At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel or pause it. You may cancel your Subscription renewal by manually canceling it from the Stripe payment portal or contacting the Bruvvv customer support team at least 48 hours before the renewal date.

    A valid payment method, including a credit card, is required to process the payment for your Subscription. You shall provide Bruvvv with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Bruvvv to charge all Subscription fees incurred through your account to any such payment instruments.

    Should automatic billing fail to occur for any reason, Bruvvv will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
  • Suspension of Services: If Subscription Fees are not received when due, Bruvvv reserves the right to suspend services, until such account is paid in full. Bruvvv's right to suspend work is in addition to any other rights and remedies available to Bruvvv in the event of non-payment. Bruvvv shall not be liable to the Client or to any other person as a result of any suspension or termination of Services in accordance with these Terms of Use. Suspension of services does not eliminate a Client's obligation to pay all amounts outstanding to the date of such suspension or thereafter for the remainder of the Term of a Client's account, as the case may be.
  • Taxes: Subscription Fees do not include any Taxes. The Client is responsible for paying all Taxes associated with its use of the Services. The Client will pay all goods and services, sales, use, property, ad valorem, value-added, or similar taxes imposed as a result of the services provided by Bruvvv hereunder, other than taxes based on Bruvvv's income, gross receipts, withholding taxes, and personnel-related taxes.
  • Cancelling or Pausing Subscription : Clients have the option to cancel or pause their subscription at any time via the Stripe payment portal or by contacting Bruvvv at [email protected] within 48 hours of their desired pause date. Pausing can be done in weekly increments. Upon pausing, any remaining days in the Client's plan will be retained and available after resuming the subscription.

11. Returns and Refunds

The Client's purchase of the Subscription Services is final, and no refunds will be issued after 48 hours from the purchase date and time. Bruvvv reserves the right to deny refunds based on its own self-discretion and without notice or liability to the Client.

Refund requests are assessed on a case-by-case basis. If the Client requests a refund within the first month of use, all materials created by Bruvvv will remain Bruvvv's property and cannot be used by the Client. If a refund is approved, a 30% fee will be applied to the remaining billable period, and the Client agrees not to contest this fee.

Bruvvv reserves the right to take appropriate legal actions against Client for breach of this section.

12. Modification

Bruvvv reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. Bruvvv reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.

13. Connection Interruptions

Bruvvv does not guarantee or warrant the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond Bruvvv's control. Client agrees that Bruvvv shall not be liable to Client for any loss, damage, or inconvenience caused by Client's inability to access or use the Website during any interruption in the connection or service.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law provisions. However, any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Indore, Madhya Pradesh, India.

The Client hereby consents to the exclusive jurisdiction and venue in the District and Sessions Court, Indore, in the State of Madhya Pradesh, India. The parties agree and submit to the personal jurisdiction and venue of these courts for the purpose of resolving any dispute arising under this Agreement.

15. Litigation

Any legal action arising out of or relating to this Agreement shall be brought exclusively in the District and Sessions Court of Indore, Madhya Pradesh, India. The parties hereby consent to the personal jurisdiction of these courts and waive any objections based on lack of personal jurisdiction or inconvenient forum. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is expressly excluded from these Terms of Use.

16. Arbitration

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, the parties shall first seek settlement of that dispute by mediation. If the dispute is not settled by mediation within 30 days of the commencement of the mediation, such dispute shall be referred to and finally resolved by arbitration in Indore, Madhya Pradesh, India, in accordance with the Indian Arbitration and Conciliation Act, 1996.

17. Disclaimer

The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client's sole risk. Bruvvv disclaims all warranties, express or implied, in connection with the Website and Client's use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Bruvvv makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Bruvvv assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Bruvvv's secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Bruvvv does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.

18. Limitations of Liability and Indemnification

Bruvvv and its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures or other damages or losses arising from Client's use of the Website. Client agrees to defend, indemnify and hold harmless, Bruvvv and its subsidiaries, affiliates, and all respective founders, officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client's representations and warranties set forth herein; (4) Client's violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Bruvvv reserves the right, at Client's expense, to assume control and defense of any matter for which Client shall be required to indemnify Bruvvv hereunder. Client agrees to cooperate with the defense of such claims.

19. Force Majeure Events

Bruvvv shall not be liable or responsible to Client, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond Bruvvv's reasonable control, whether or not foreseeable, including, without limitation, the following force majeure events ("Force Majeure Events"): (a) acts of God, (b) flood, fire, earthquake or explosion, (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, (d) government order or law, (e) actions, embargoes or blockades in effect on or after the date of this Agreement, (f) action by any governmental authority, (g) national or regional emergency, (h) strikes, labor stoppages or slowdowns or other industrial disturbances, (i) shortage of adequate power, delays in transportation or transportation facilities and (j) non-performance by any third party (including vendors or suppliers). Bruvvv shall give notice within ten (10) days of the Force Majeure Event to Client, stating the period of time the occurrence is expected to continue. Bruvvv shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Bruvvv shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

20. User Data

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Bruvvv shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Bruvvv from any such loss or corruption.

21. Electronic communications, transactions and signatures

Client hereby consents to receive electronic communications from Bruvvv and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication is in writing. Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by Bruvvv or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

22. Miscellaneous

These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Bruvvv. Failure of Bruvvv to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Everything in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between Client and Bruvvv.

This agreement, along with any ancillary agreements and related Terms of Use or Privacy Policy on the Website, shall come into effect and be deemed electronically signed by the Client upon the Client's subscription or payment to Bruvvv. These electronic signatures shall have the same force and effect as original signatures in all respects.

23. Contact Information

For any questions or complaints regarding the Website, please contact Bruvvv at: [email protected]