By signing up as a client of Design Shifu or using the www.designshifu.com website, you agree to be legally bound by these conditions. Please read these terms and conditions carefully. You agree to be responsible for conditions of use between Design Shifu and you, all applicable laws and regulations, and compliance with any applicable local laws.

You acknowledge and agree that it is your responsibility to review this user agreement periodically to familiarize yourself with any modifications. Your continued use of this website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Acceptance of Terms

The following Terms of Service Agreement is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Design Shifu LLC, located at 3 Beeson CT, Little Rock, AR 72223, and our subsidiaries and affiliates, in association with the use of the website, which includes designshifu.com, (the “Site”) and its Services, which shall be defined below.

Use License

Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions)

You may not:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Design Shifus’s website;
• remove any copyright or other proprietary notations from the materials;
• transfer the materials to another person or “mirror” the materials on any other server.

Disclaimer

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. The materials on Design Shifu’s website are provided “as is”. Design Shifu makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Limitations

In no event shall Design Shifu or its suppliers be liable for any damages (including, without limitation, negligence, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Design Shifu’s internet site, even if Design Shifu or a Design Shifu authorized representative has been notified orally or in writing of the possibility of such damage because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

User Representation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

By using the Site, you represent and warrant that all registration information you submit will be true, accurate, current, and complete and you will maintain the accuracy of such information and promptly update such registration information as necessary.

You also confirm that:

1. You have the legal capacity and you agree to comply with these Terms of Use.
2. You are not a minor in the jurisdiction in which you reside.
3. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
4. You will not use the Site for any illegal or unauthorized purposes.
5. Your use of the Site will not violate any applicable laws or regulations.

Security

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of this agreement. It shall be your responsibility to notify Design Shifu immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Design Shifu shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the agreement.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Governing law

Any claim relating to Design Shifu’s website shall be governed by the laws of the State of Arkansas without regard to its conflict of law provisions

Fees and Refunds

You agree to pay the monthly fees specified during registration in full each month prior to any services being rendered by Design Shifu under this Agreement. You further agree to authorize Design Shifu to automatically charge your method for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Your account and access to services and files may be suspended in the event of non-payment of applicable fees. You represent and warrant to Design Shifu that such billing information is accurate, and up to date, and that you’re authorized to make the payment.

Logos, custom illustrations, presentation decks, website landing page designs, and GIFs are not covered under the $29 Pay Per Request or $99 Monthly Limited plans or the $199 Limited plan.*

Custom illustrations, presentation decks, website landing page designs, and GIFs are not covered under the $399 Monthly Unlimited plan.

You can request a full refund within 14 days of signing up for one of the following plans:

1. Limited
2. Unlimited
3. Unlimited Plus

To qualify for a full refund within the 14-day trial period, you must:

1. Create a minimum of 1 request
2. Provide 2 rounds of feedback on the same request for our designers to get it right.

Under the newly introduced plan of “$199 Limited” any new clients, existing legacy clients moving to this plan or downgrading to this plan accept to adhere to any terms applicable to the “$199 Limited” plan.

Such as, on the $199 Limited plan, a subscriber will be eligible to receive 5 new credits available to raise design requests with the initial signup and subsequent renewals. The subscriber can top up their credit balance in the middle of their subscription cycle via the client dashboard.

On the “$199 Limited plan, credits can be utilized within 90 days from the day the credits are added to the subscriber’s account. Subscriber can utilize their credits by creating a request for any relevant and applicable graphic design “requests” that are covered under the “$199 Limited” plan.

On reaching the 90-day period, unused credits expire automatically and without any notification to the subscriber, the new set of credits and expiry date are available on the manage subscription page.

In the event that a request is not accepted for any reason, or if either the Client or the Design Shifu team chooses to cancel a request – a situation arising from a credit acquisition occurring within 90 days prior to the point of request cancellation or the relocation of the request from the “in queue” category back to drafts – it is important to note that while the request itself will indeed be duly canceled or transferred to drafts, it is pertinent to recognize that the credits utilized for the initial transaction will not be restored to the wallet and shall expire accordingly, as the credit purchase surpasses the 90-day threshold.

Legacy “$99 Monthly Unlimited” plan subscribers can continue to use their account with a monthly renewal of $99 for 5 new credits and utilize the existing credits without any expiry date linked to the credits.

If a “$99 Monthly Unlimited” client pauses or cancels their account, they will lose all credits without the scope for a refund or adjusting the value of the pending credits for another plan.

If renewal fails for any reason, a subscriber will lose access to the “$99 Monthly Unlimited” plan and will need to reactivate their account on the $399 Unlimited or $599 Unlimited Plus plan to continue using their Design Shifu account.

A $99 Subscriber can retain their credits by upgrading to a $199 Limited plan and utilize existing credits without expiry on the new $199 monthly renewal subscription. However, newly received credits will expire on a 90-day cycle as presented in the $199 Limited plan terms.

A $99 Subscriber can also retain the value of their remaining credits by upgrading to $399 Unlimited or $599 Unlimited Plus plan.

After the 14th day of signing up, there are no refunds for subscription plans under any circumstance, including cancellation and unused time on a plan but you will have access to our service for the length of your current billing cycle.

Eligibility for refund is voided if any request is approved.

Eligibility for refund is voided once you request the source/open files for even one of your requests.

Refunds are not applicable on the $29 Pay Per Request plan under any circumstances.

Eligibility for refund is not applicable on renewals / existing customers.

Design Shifu may change its subscription plans & monthly subscription fees from time to time by posting the changes on the website without any prior notice.

Ownership & Trademarks of Work

All design and original source files created while you are enrolled with us are yours to keep and own. You must provide our designers with sufficient content and instructions to complete the work. If you provide Design Shifu with materials or assets, you agree that these materials are approved to be used in your designs and are not owned or trademarked by any other parties.

You agree to indemnify, defend, and hold harmless Design Shifu and its affiliates, officers, members, managers, agents, successors, and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

You understand that you are solely responsible for your content. You represent that you have all necessary rights to your content and that you’re not infringing or violating any third party’s rights by posting it. By posting your content through our Dashboard or submitting them via Email or submitting it through any third-party communication and project management integrations directly or indirectly, you grant Design Shifu a license to use it. Design Shifu will never claim ownership of your content, however, we reserve the right to use published or unpublished work on our website and in advertising materials. You will still own exclusive rights to your content and any licenses you own remain yours. You simply grant us permission to use. By posting your content, you grant Design Shifu a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content to provide the services and to promote Design Shifu. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, contact us via email. If your content infringes another person’s intellectual property, we will remove it if we receive proper notice. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our terms. You also agree not to post any content that is false and misleading or uses the services in a manner that is fraudulent or deceptive.

Releasing Work

While we do our best to minimize any mistakes, due to the nature of creative design we cannot guarantee all files delivered will be 100% error-free. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed.

Design Shifu is not liable for any loss of business or loss of revenue incurred from errors in our design files. Please make sure you check the design before ordering a print or finalizing it for marketing.

Delivery Expectation

We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time-sensitive requests.

You may submit as many design requests as you want and all requests will be stored on our management software. Our team will work on one design at a time for you including revisions. In order for us to move on to the next request, your current request must be fully completed and approved before we can move on to the next request.

Work Samples

We reserve the right to publish your work in our portfolio, social media, or other communication efforts. If there are items that you wish to remain private or confidential please let us know when you request the task.

Confidentiality

All communication between you and any Design Shifu representative is held confidential. We will not disclose your private information or project information to unauthorized users.

*$29 Pay Per Request and $99 Monthly Limited plans were discontinued on 27/10/2022 and are only available to existing users of these plans.