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HeyFriends! Terms of Service

Last updated: 07/31/2023

This Terms of Use (the “Agreement”) constitutes a legally binding agreement by and between HeyFriends Studio, LLC, a Limited Liability Company organized under the laws of the state of Delaware (“HeyFriends”), and the User (“User”).

Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the User’s use of the services ("Services"), and immediate discontinuation of use is required. The relationship between User and HeyFriends shall cease to exist, except for any obligation of User to pay HeyFriends for services rendered which shall continue to be an ongoing obligation.

1. Intellectual Property Rights

All content of the Website, including software, designs, trademarks, logos, audio, video, and text (collectively, the “Content”) are the property of HeyFriends and protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions.

2. Ownership of Materials

Beyond HeyFriends’s ownership of Request, all design and original source files created belong to User, and User shall be the sole owner of the copyright for all Projects.

3. Fonts

In the event that any Project incorporates fonts that are not owned by HeyFriends and require a commercial license for the User to legally reproduce, distribute, or publicly display the Project, HeyFriends will inform User in writing. The User will need to purchase the appropriate licenses for the Third-Party Fonts. The User assumes all responsibility for any consequences as a result of a failure by the User to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

4. User Representations

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

5. Prohibited Activities

User shall not access or use the Website for any purpose other than that for which the Website is made available to the User. The Website may not be used in connection with any commercial endeavors except those directly related to the services provided by HeyFriends.

6. Feedback

User acknowledges and agree s that any questions, comments, suggestions, or other feedback (collectively, "Feedback") shall be the sole property of HeyFriends. HeyFriends is under no obligation to keep Feedback confidential or take steps necessary to ensure the confidentiality of Feedback.

7. Oversight

HeyFriends reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of these Terms of Use or any applicable law, statute, or regulation. HeyFriends further reserves the right to restrict or deny access to the Website or disable the User’s use of the Website, without notice or liability to User.

8. Returns and Refunds

All payments made to HeyFriends for services are non-refundable, unless otherwise expressly provided in this Agreement. Refunds, if any, shall be issued solely at the discretion of HeyFriends and will be evaluated on a case-by-case basis.

Upon the initiation of their contract, Customers are required to pay in advance for services to be rendered within the forthcoming month. Customers selecting 'The Studio' service plan will be subject to a three-month upfront payment, with no options for cancellation or refund during this three-month period.

In the event that a refund is granted by HeyFriends, all rights, title, and interest in and to all work product, tangible and intangible, resulting from or related to any work performed by HeyFriends, including all intellectual property rights, shall be retained by HeyFriends. Customers are expressly prohibited from using any such work product in any manner or medium, without the express written consent of HeyFriends.

This policy is intended to encourage fair and equitable treatment of all customers and to ensure the integrity and value of our services. HeyFriends reserves the right to modify this refund policy at its discretion at any time, and such changes shall be effective immediately upon posting of the modified policy to the website or services.

9. Modifications to Terms of User

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

10. Interruptions

HeyFriends does not guarantee that the Website will be available and accessible at all times. There may be interruptions, delays, or errors beyond HeyFriends’s control. User agrees that HeyFriends shall not be liable for any loss, damage, or inconvenience caused by the User’s inability to access or use the Website during any interruption in service.

11. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without regard to conflict of law principles.

12. Limitations of Liability and Indemnification

HeyFriends, its directors, employees, members, contractors, or agents shall not be liable to the User 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, or other damages or losses arising from User’s use of the Website or the services provided by HeyFriends, including but not limited to the editing and animating of videos.

User agrees to defend, indemnify and hold harmless HeyFriends 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 or the services provided by HeyFriends, including but not limited to the editing and animating of videos;

(2) Breach of these Terms of Use;

(3) Any breach of User’s representations and warranties set forth herein;

(4) User’s violation of the rights of any third party, including but not limited to intellectual property rights.

The User assumes all responsibility and risk for the use of the services provided by HeyFriends, including but not limited to the editing and animating of videos. The User agrees that HeyFriends is not responsible for any loss or damage of any sort the User may incur from dealing with a third party.

Notwithstanding the foregoing, HeyFriends reserves the right, at User’s expense, to assume control and defense of any matter for which User is required to indemnify HeyFriends hereunder. User agrees to cooperate with HeyFriends in defending such claims.

13. User Data

User is solely responsible for all data transmitted to or relating to any activity User has undertaken using the Website. HeyFriends shall have no liability to User for any loss or corruption of any such data.

14. Electronic Delivery of Materials

User consents to receive electronic communications from HeyFriends and agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. User 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 HeyFriends or through the Website.

15. Showcasing Work

HeyFriends reserves the right to showcase design work on digital channels including social media, websites, etc. unless otherwise agreed upon. User reserves the right to issue a Non-Disclosure Agreement (NDA) to protect sensitive information.

16. Termination

These Terms of Use shall remain in effect until terminated by the User or HeyFriends. HeyFriends may terminate these Terms of Use at any time without notice, or may suspend or terminate User’s access to the Website at any time for any reason.

17. Contact Information

HeyFriends welcomes User's questions or comments regarding the Terms. Please send any queries or concerns to the following address:

HeyFriends Studio, LLC

909 W Washington Blvd.

Chicago, IL 60607

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