Terms of Use
PROTOTYP - Terms of Use
Last updated: 6/26/2023
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between PROTOTYP, LLC, a limited liability company organized under the laws of the Republic of Croatia (“PROTOTYP”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of PROTOTYP’s website: https://subsystem.design (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto.The website subsystem.design and the brand Subsystem are owned and operated by PROTOTYP LLC, a limited liability company incorporated under the laws of Croatia. 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 PROTOTYP shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay PROTOTYP for services rendered shall remain and continue to be an ongoing obligation owed by Client to PROTOTYP.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of PROTOTYP and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics...
2. Ownership of Materials
Notwithstanding PROTOTYP’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client...
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by PROTOTYP and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the 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...
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...
6. 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 PROTOTYP and PROTOTYP is under no obligation...
7. Management and Oversite
PROTOTYP 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 the Terms of Use or any applicable law, statute...
8. Privacy Policy
By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the European Union...
9. Returns and Refunds
PROTOTYP reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis...
10. Modification
PROTOTYP reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. PROTOTYP reserves the right to modify or discontinue all...
11. Connection Interruptions
PROTOTYP 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 PROTOTYP’s control...
12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Croatia without regard to conflict of law principals.
13. Litigation
Any legal action of whatever nature shall be brought in the state courts having jurisdiction within the Republic of Croatia. Any claim or cause of action arising out of or related to use of the Website...
14. Severability
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly...
15. Entire Agreement
These Terms of Use, together with PROTOTYP’s Privacy Policy and any other legal notices published by PROTOTYP on the Website, shall constitute the entire agreement between Client and PROTOTYP...
16. Waiver and Severability
No waiver by PROTOTYP of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition...
17. Changes to Terms of Use
PROTOTYP reserves the right, in its sole discretion, to change, modify, or otherwise amend these Terms of Use at any time and from time to time, and Client agrees to be bound by such changes...
18. Contact Information
If you have any questions or comments about these Terms of Use or the Website, please contact us at: PROTOTYP Inc., 123 Example Street, City, Country.
19. Acknowledgment
By using the Website, Client acknowledges that they have read these Terms of Use and agree to be bound by them.
20. Effective Date
The effective date of these Terms of Use is June 26, 2023.