This Terms of Use Agreement (the "Agreement") is a legal agreement between Magnifico Creative ("we," "our," or "us") and you, the client, whether as an individual or on behalf of an entity ("Client"). By accessing and using our website at https://www.wearemagnifico.com/ (the "Website") and any related media forms, channels, mobile websites, or mobile applications, you agree to abide by the terms and conditions outlined in this Agreement. Failure to comply with these terms prohibits your use of the Website, and you are instructed to discontinue use immediately. Such discontinuation results in the termination of the relationship between Client and Magnifico Creative, except that any outstanding obligations to pay for our services remain in effect.

‍1. Ownership of Intellectual Property
‍The content of the Website, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics ("Content"), as well as the trademarks, service marks, and logos ("Marks"), are the property of Magnifico Creative and are protected by copyright, trademark, and intellectual property laws. The Content and Marks are provided "As-Is" for personal use and information. Except as expressly permitted, no part of the Website, Content, or Marks may be used for commercial purposes without our prior written permission.

‍2. Ownership of Materials
‍Magnifico Creative creates design and original source files ("Projects") on behalf of the Client. The copyright for all Projects belongs to the Client. If legal circumstances arise where Magnifico Creative could potentially own a Project, the Company assigns its entire interest in the Project to the Client. The Client warrants that any materials provided to Magnifico Creative do not infringe on third-party rights. We reserve the right to showcase Client's design work publicly, unless otherwise agreed upon.

‍3. Third-Party Fonts
‍If a Project includes third-party fonts requiring a commercial license, the Client is responsible for purchasing necessary licenses. Client assumes responsibility for any consequences resulting from not obtaining required licenses for such fonts.

‍4. User Representations
‍By using the Website, you represent that you:Have the legal capacity and agree to comply with these Terms of Use.Are of legal age in your jurisdiction.Will not access the Website through automated or non-human means.Will not use the Website for illegal or unauthorized purposes.Will not violate any applicable laws or regulations.

‍5. Prohibited Activities
‍You agree to use the Website solely for its intended purpose. The Website shall not be used for commercial endeavors except related to work performed by Magnifico Creative. Prohibited actions include unauthorized use of the Website, data retrieval for creating databases, security feature interference, unauthorized framing or linking, fraud, disruption of the Website or its networks, competing with Magnifico Creative, reverse engineering, and more.

‍6. Client Feedback
‍Any feedback or submissions you provide shall become the property of Magnifico Creative. We may use and disseminate such feedback for lawful purposes without acknowledgment or compensation.

‍7. Management and Oversight
‍We monitor the Website for compliance and may take legal action in response to violations. We reserve the right to restrict or deny access to the Website.

‍8. Privacy Policy
‍By using the Website, you agree to adhere to our Privacy Policy. Use of the Website from outside the United States may result in different data protection laws.

‍9. Returns and Refunds
‍Refund requests are evaluated case by case. If a refund is approved within the first month, all produced materials remain our property. A 25% fee applies to the remaining billable period. Refunds do not exempt Client from breach consequences.

‍10. Modification and Interruptions
‍We may modify or discontinue parts of the Website without notice. Interruptions beyond our control may occur, and we are not liable for any resulting losses or damages.

‍11. Governing Law
‍These Terms of Use are governed by the laws of the State of Delaware, without regard to conflict of law principles.

‍12. Miscellaneous
‍These Terms of Use constitute the entire agreement between you and Magnifico Creative. Failure to enforce a provision does not waive that provision. If any provision is unenforceable, it will not affect the validity of other provisions. Nothing in these terms implies a joint venture, partnership, or employment relationship between you and Magnifico Creative.

13. Litigation
‍Any legal action, regardless of nature, shall be initiated in the state courts of [Your State] or the United States District Court for the District of [Your State]. Both parties consent to the personal jurisdiction of said courts and waive defenses of lack of personal jurisdiction and forum non conveniens regarding venue and jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act is excluded from these Terms of Use.

‍14. Disclaimer
‍Our Website is provided on an as-is, as-available basis. Your use of the Website and our services is solely at your own risk. Magnifico Creative disclaims all warranties, whether express or implied, in connection with the Website and your use thereof. This includes implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Website, its content, or linked websites. We assume no liability for errors, mistakes, inaccuracies, personal injury, property damage, unauthorized access, interruptions, viruses, or any loss or damage resulting from content usage. We do not endorse, guarantee, or assume responsibility for products or services offered by third parties through the Website.

‍15. Limitations of Liability and Indemnification
‍Magnifico Creative, along with its directors, employees, members, independent contractors, and agents, will not be held liable for any direct, indirect, consequential, incidental, special, or punitive damages. This includes lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or any other damages arising from your use of the Website. You agree to defend, indemnify, and hold harmless Magnifico Creative, its subsidiaries, affiliates, officers, members, agents, partners, employees, and independent contractors from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees. Such claims may arise due to your use of the Website, breach of these Terms of Use, breach of your representations and warranties, or violation of the rights of third parties. Magnifico Creative reserves the right, at your expense, to assume control and defense of any matter for which you must indemnify us. You agree to cooperate with the defense of such claims.

‍16. User Data
‍You are solely responsible for all data transmitted to or associated with any activity undertaken on the Website. Magnifico Creative is not liable for any loss or corruption of such data. By using the Website, you waive any right to take action against us for loss or corruption of your data.

‍17. Electronic Communications, Transactions, and Signatures
‍You consent to receiving electronic communications from Magnifico Creative. All agreements, notices, disclosures, and other communications sent via email or through the Website satisfy legal requirements for written communication. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions. By doing so, you waive any rights or requirements under statutes, regulations, rules, ordinances, or laws that require non-electronic records, signatures, or payments.

‍18. Showcasing Your Creative Work
‍Magnifico Creative reserves the right to share your design work through digital channels, such as social media and our website, unless we mutually agree otherwise. You retain the right to establish a non-disclosure agreement (NDA) between yourself and Magnifico Creative, which would prohibit us from sharing or discussing your work publicly.

‍19. Contact Information
‍For inquiries, contact Magnifico Creative at: support@wearemagnifico.com.