Terms of Service

Last updated:

Jul 21, 2024

Presentation of the site

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the https://statiq.club/ site are informed of the identity of the various parties involved in its creation and monitoring:

‍Owner : STATIQ - FR30927849141- 58 RUE DE MONCEAU, 75008, PARIS
Host : GoDaddy.com, LLC

This Agreement, hereby referred to as the "Terms of Use Agreement," establishes a legally binding contract between Statiq, a limited liability company operating under the laws of France, and the client, whether an individual or representing an entity ("Client"), concerning the access and utilization of Statiq’s website: https://statiq.club/ (the “Website”), along with any associated media forms, channels, mobile websites, or mobile applications linked to or connected with it. Failure to consent to and comply with all the terms, conditions, and obligations outlined herein will result in the explicit prohibition of the Client’s access to the Website, mandating immediate cessation of use. Consequently, the relationship between the Client and Statiq will terminate and hold no further binding effect between the parties, except for any outstanding payment obligations owed by the Client to Statiq for services rendered, which shall persist as ongoing obligations.

1. Intellectual Property Rights

Unless explicitly stated otherwise, the Website is the exclusive property of Statiq. All components including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively or individually referred to as the “Content”), as well as the trademarks, service marks, and logos displayed therein (the “Marks”), are under the ownership and control of Statiq. They are safeguarded by copyright and trademark laws, as well as any other pertinent intellectual property legislation or regulation of France, foreign jurisdictions, and international agreements.

The Content and Marks are made available "As-Is" for your personal information and usage exclusively. Unless expressly permitted herein, no portion of the Website or its Content may be copied, replicated, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise utilized for any commercial purpose without the express prior written consent of Statiq. Statiq retains all rights pertaining to the Website, Content, and Marks.

2. Service Plans

Details

Fast turnarounds: receive professionally designed static ads creatives / emails / landing pages and more within a few business days.
Our standard design static ads batches include 3-5 net new concepts and could be delivered within 3 business days.
Exact number of concepts/variations/creatives and delivery times may vary depending on the brand's needs and briefs.
Revision rounds can take up to 1-2 business days.

General Features

Ongoing support from Statiq’s dedicated team. We will ensure project continuity, alignment with your goals, and seamless communication throughout the creative process.
Flexible Subscription: Our plans have no commitment, empowering you to manage your subscription according to your business needs.
Unsubscribing is simple: You only need to send us a message on your dedicated Slack channel and we will end your Stripe subscription at the end of the current billing period.

Revisions

The Client can request revisions of the creatives delivered.
Each round of revisions shall be completed by the Service Provider within 2 business days from the time of the request.
There is no limit to the number of rounds of revisions the Client may request for each batch delivered.
Statiq reserves the right to adjust, enhance, or revise these Service Plans at its sole discretion. We encourage customers to review the terms regularly to stay informed of any changes.

3. Ownership of Materials

Despite Statiq's ownership of Submissions, as detailed in Paragraph 6 ("Client Feedback"), all design and original source files generated on behalf of the Client ("Projects") are the property of the Client. The Client shall hold the sole copyright ownership of all Projects. Should any legal action result in Statiq gaining ownership, wholly or partially, of a Project instead of the Client, Statiq hereby assigns its complete interest in the Project to the Client irrevocably and perpetually, without restriction.

The Client affirms that any materials furnished to Statiq as samples or to be integrated into a project during the design process are owned by the Client and do not infringe upon or unlawfully appropriate any third party's rights, including but not limited to intellectual property rights and rights of publicity.

Statiq reserves the right to publicly share the Client's design work (on social media, websites, etc.) unless otherwise specified in section 18 of this agreement.

4. Third-Party Fonts

If any Project utilizes fonts not owned by Statiq and necessitates a commercial license for the Client to lawfully reproduce, distribute, or publicly display the Project ("Third-Party Font(s)"), Statiq will notify the Client in writing about the incorporation of one or more Third-Party Fonts into the Project. The Client will be advised to procure one or more licenses for the Third-Party Fonts from the respective rights-holders to legally undertake reproduction, distribution, or public display of the Project. This notification will include adequate information for the Client to identify the required licenses and how to contact the licensors.

As long as Statiq has duly informed the Client regarding the inclusion of Third-Party Fonts as outlined above, the Client assumes full responsibility for any consequences arising from their failure to acquire one or more licenses for any Third-Party Fonts incorporated into a Project.

5. User Representations

By utilizing the Website, the Client declares and guarantees that:

They possess the legal capacity and consent to adhere to these Terms of Use.
They are not considered as a minor regarding age in their jurisdiction of residence.
They will refrain from accessing the Website through automated or non-human methods.
They will not utilize the Website for any unlawful or unauthorized activities.
Their utilization of the Website will not breach any relevant laws or regulations.

6. Prohibited Activities

The Client agrees not to access or utilize the Website for any purpose other than its intended use. The Website is not to be employed for commercial activities unless related to the services provided by Statiq on behalf of the Client. Additionally, the Client undertakes to abstain from the following:

Engaging in any unauthorized use of the Website.
Extracting data or content to create or compile a database or directory.
Attempting to bypass, disable, or interfere with security features on the Website.
Unauthorized framing or linking of the Website.
Misleading or deceiving Statiq or other users.
Disrupting or excessively burdening the Website or Statiq’s networks or servers.
Using the Website to compete with Statiq.
Attempting to decipher, decompile, disassemble, or reverse engineer any part of the Website’s software.
Circumventing measures on the Website intended to prevent or limit access.
Harassing, intimidating, or threatening Statiq’s employees, independent contractors, or agents.
Removing copyright or other rights notices from any Content.
Copying or adapting the Website’s software.
Uploading or transmitting viruses, Trojan horses, or any material that interferes with the Website's functionality or operation.
Uploading or transmitting any material acting as an information collection or transmission mechanism.
Disparaging or causing harm to Statiq.
Using the Website in violation of applicable laws, statutes, or regulations.

7. Client Feedback

The Client acknowledges and accepts that any inquiries, comments, suggestions, or other feedback or submissions (each a "Submission") shall become the exclusive property of Statiq. Statiq is not obliged to maintain the confidentiality of any Submission or take measures to ensure its confidentiality. Statiq shall possess sole and absolute ownership of all rights pertaining to the Submission, except to the extent that rights are granted to the Client under Paragraph 2 ("Ownership of Materials").

Statiq retains the unrestricted discretion to utilize and distribute a Submission for any lawful purpose without seeking permission, acknowledgment, or compensation from the Client. The Client affirms that they have the authority to articulate and present the Submission, and hereby relinquishes any claims or recourse against Statiq for its utilization of the Submission in accordance with the terms stated herein and at its sole discretion thereafter.

8. Management and Oversite

Statiq maintains the right to monitor the Website for any breaches of these Terms of Use and to initiate suitable legal action in response to such breaches or any violations of applicable laws, statutes, or regulations. Additionally, Statiq reserves the right to limit or revoke access to the Website or disable the Client’s usage of the Website. Such determinations shall be made solely at the discretion of Statiq, without any obligation to notify or be liable to the Client. All decisions concerning the administration of the Website shall be at the sole discretion of Statiq and shall be aimed at safeguarding Statiq’s rights and property.

9. Privacy Policy

By using the Website, the Client agrees to be bound by and comply with the Privacy Policy and the terms specifically outlined therein, which are adopted and incorporated herein. The Website is hosted in France. Accessing the Website from the EU or other regions of the world may subject the Client to laws, statutes, or regulations that differ from those in France governing the collection, use, or disclosure of personal data. The Client's continued use of the Website and the transfer of data to France constitutes the express consent of the Client to the transfer and processing of data in France. Statiq does not knowingly accept or solicit information from individuals under the age of 18. In accordance with France's regulations, upon becoming aware that an individual under the age of 13 has provided personally identifiable information to Statiq without parental consent, Statiq will delete that information as soon as reasonably practicable.

10. Refunds

Statiq retains the discretion to refuse refunds without notice or liability to the Client. Refund requests are evaluated on an individual basis. If a Client requests a refund within the initial month of usage, all materials created by Statiq are considered the property of the company, and the Client is prohibited from using them in any capacity.

Statiq reserves the right to pursue legal action against the Client for violating this clause.

11. Modification

Statiq reserves the authority to change, adjust, modify, amend, or remove any content on the Website at its sole discretion, for any reason. Statiq also reserves the right to alter or cease operation of the entire Website, or any part thereof, without prior notice and without any liability to the Client.

12. Connection Interruptions

Statiq does not guarantee or warrant that the Website will be continuously available and accessible. Unforeseen issues with hardware, software, or other factors may lead to interruptions, delays, or errors beyond Statiq’s control. The Client acknowledges and agrees that Statiq shall not be held liable for any loss, damage, or inconvenience resulting from the Client's inability to access or use the Website during any interruption in connection or service.

13. Governing Law

These Terms of Use shall be governed by and interpreted in accordance with the laws of France, without regard to conflict of law principles.

14. Jurisdiction

Any legal proceedings of any kind shall be brought before the courts of France. The parties hereby consent to the jurisdiction of these courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to 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.

15. Disclaimer

The Website is provided on an "as-is," "as-available" basis. The Client acknowledges that their use of the Website and Services is solely at their own risk. Statiq disclaims all warranties, whether express or implied, in connection with the Website and the Client’s use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Statiq makes no warranties or representations regarding the accuracy or completeness of the Website or any content therein, or the content of any linked websites. Statiq assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage of any nature whatsoever, unauthorized access to or use of Statiq’s secure servers and/or any stored personal or financial information, interruption or cessation of transmission to or from the site, viruses, Trojan horses, or other harmful components transmitted through the Website by third parties, errors or omissions in content and materials, or any loss or damage incurred as a result of the use of any content posted, transmitted, or made available through the Website. Statiq does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the Website or any linked websites.

16. Limitations of Liability and Indemnification

Statiq and its directors, employees, members, independent contractors, or agents shall not be held liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from the Client’s use of the Website. The Client agrees to defend, indemnify, and hold harmless Statiq and its subsidiaries, affiliates, and all respective 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) the use of the Website; (2) breach of these Terms of Use; (3) any breach of the Client’s representations and warranties set forth herein; (4) the Client’s violation of the rights of any third party, including but not limited to intellectual property rights.

Notwithstanding the foregoing, Statiq reserves the right, at the Client’s expense, to assume control and defense of any matter for which the Client is required to indemnify Statiq herein. The Client agrees to cooperate with the defense of such claims.

17. User Data

Client acknowledges and accepts that they are solely responsible for all data transmitted to or associated with any activity undertaken by the Client using the Website. Statiq bears no liability to the Client for any loss or corruption of such data, and the Client hereby waives any right to take legal action against Statiq for any such loss or corruption.

18. Electronic communications, transactions, and signatures

By using the Website, the Client consents to receive electronic communications from Statiq. The Client agrees that all agreements, notices, disclosures, and other communications sent via email, Slack dedicated channel or through the Website fulfill any legal requirement for written communication. The Client agrees to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by Statiq or through the Website. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that mandate an original signature or the delivery or retention of non-electronic records, or that require payments or the granting of credits by means other than electronic.

19. Showcasing Design Work

Statiq reserves the right to showcase design work on digital platforms, including social media and the website, unless otherwise agreed upon. The Client retains the right to establish a Non-Disclosure Agreement (NDA) with Statiq, which would prohibit Statiq from sharing the Client's work during the term of this agreement.

20. Miscellaneous

These Terms of Use and any policies posted on the Website or pertaining to the Website constitute the entire agreement and understanding between the Client and Statiq. The failure of Statiq to enforce any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision. If any provision or part of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use without affecting the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be interpreted as forming a joint venture, partnership, employment, or agency relationship between the Client and Statiq.