Last updated: 8/06/2024
Agreement Overview This Terms of Use Agreement ("Agreement") is a legally binding contract between Traffy ("Company"), a digital design firm, and the party, either individual or entity ("Client"), engaging Traffy’s services ("Services"). This Agreement governs the access to and use of Traffy's website design, continuous management, and marketing services.
1. Services Provided Traffy agrees to provide customized website design, deployment, ongoing management, and marketing services as per the terms agreed upon at the onset of services.
2. Payment Terms Clients agree to adhere to the payment schedule specified in their subscription.
3. Intellectual Property Rights All content, designs, functionalities, and related materials created by Traffy using its proprietary web builder and hosting services are and shall remain the property of Traffy. While clients may have the right to use the website as long as they remain with Traffy's hosting services, they do not own the physical website files or designs. In the event a client decides to discontinue using Traffy's services, the client acknowledges that direct transfer of the website files, source code, or designs is not possible due to the proprietary nature of Traffy's technology.
4. Client Obligations Clients are responsible for providing necessary information, materials, and permissions needed for project completion.
5. Prohibited Activities The Client is prohibited from using the Services for unlawful activities, infringing on intellectual property rights, or any actions that could harm Traffy or its reputation.
6. Cancellation Policy Traffy offers a no-contract service, allowing clients to cancel at any time without incurring penalties. Services will be discontinued at the end of the current billing cycle upon cancellation.
7. Limitation of Liability Traffy shall not be liable for any indirect, punitive, or consequential damages arising from or related to the services provided. Our total liability is limited to the amount paid by you for the service.
8. Force Majeure Traffy shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, cyber-attacks, or other disruptions.
9. Indemnity Clause The Client agrees to indemnify and hold Traffy harmless from any claims, damages, losses, or expenses arising from their use of the services, including any third-party claims.
10. User Data Traffy will manage and protect user data in accordance with prevailing data protection laws and our Privacy Policy.
11. Electronic Communications, Transactions, and Signatures The Client consents to receive communications electronically and agrees that all electronic agreements, notices, disclosures, and other communications satisfy any legal requirements that such communications be in writing.
12. Showcasing Design Work Traffy reserves the right to showcase any work done for Clients in its portfolio and marketing materials unless explicitly forbidden by a signed non-disclosure agreement (NDA).
13. Dispute Resolution Any disputes related to this Agreement shall be resolved through final and binding arbitration in accordance with the prevailing rules of international arbitration.
14. Amendment and Termination Traffy reserves the right to amend these Terms at any time. Continued use of the Services after such amendments constitutes acceptance of the new Terms. This Agreement may be terminated by either party in accordance with the terms set out in the subscription.
15. Privacy Policy The Client agrees to Traffy's Privacy Policy, which outlines the handling of personal and business-related information.
16. Governing Law and Jurisdiction This Agreement shall be governed by the laws applicable in the jurisdiction where the Company is headquartered, unless otherwise required by applicable international laws.