These Terms of Use (this “Agreement”) between Verb (Swayampravo Dasgupta as Sole Proprietor, registered at 75 Hindustan Park, Kolkata: 700029, West Bengal; herein referred to “we”, “us” or “Verb”) and you (including any legal entity) govern your access and use of our design service platform made available through www.verrrb.com (this “Site”) and the subscriptions or all/any other services we provide (the “Services”). By using this Site and accessing our Services or using our services in any other manner, you acknowledge that you have read, understood, and have agreed to be bound by this Agreement.
This Site is controlled and operated by us from our offices within the Republic of India. We make no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Those who choose to access this site from locations outside the Republic of India are responsible for compliance with all applicable laws.
We may update this Agreement from time to time. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check the “Terms of Service” link on the home page each time you visit this Site, so you are aware of any updates.
2.1 Our privacy policy, which can be found at https://www.verrrb.com/privacy (the “Privacy Policy”), describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately. You must be at least age 18 to access this Site.
3.1 Subject to your compliance with this Agreement, as well as your subscriptions for the applicable plans ("Base" and "Pro") and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, without notice to you.
3.2 You may only access and use the Services in accordance with the terms of the Agreement. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any form on this Site or by any other means (“Registration Data”); (ii) maintain and promptly update the Registration Data, to keep it accurate, current and complete; (iii) maintain the security of any password and identification information; (iv) notify us immediately of any unauthorized use of your account; (v) accept sole responsibility for any and all activities that occur on your account. Each person who uses any Services must have a separate username and password or email address. You must provide a valid email address for each person that you authorize to use your account. You agree to provide any other information that we reasonably request.
3.3 You are responsible for obtaining and maintaining all telecommunications, broadband and computer equipment and services needed to access and use the Services and for paying all charges related thereto.
3.4 We may terminate your account without prior notice or liability to you, if we find, in our sole and exclusive discretion, that you: (i) have violated this Agreement; (ii) are not in alignment with our model; (iii) are sharing usernames or passwords; (iv) violate our core values; or (v) are abusing our services or team in any way, including using our services for illegal purpose.
3.5 “Licensed Content” means content that we own or license, including artwork, stock photographs, audio, typeface, video, designs, and writings. The Licensed Content incorporated in your graphic design project is subject to the license described in Section 4 below. No rights are granted to you other than as expressly set forth herein. You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit in any manner any feedback, suggestions or recommendations that you provide to us.
3.6 Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Services for your internal business purposes. You may not access or use the Services in order to monitor its availability, performance, or functionality for competitive purposes. You may not, and may not permit any third party to: (a) reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble or otherwise attempt to discover source code, object code or underlying structures, ideas or algorithms of the Services/Site (b) modify, translate or create derivative works based on the Services not including Graphic Design and Motion Design services, (c) use the Services for any purpose other than its own internal purposes; or (d) use the Services other than in accordance with the Agreement and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).
4.1 You may use the Services for any number of projects based on the subscription plan that you have contracted/agreed either through your account or any other means. While we accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines, for further details regarding the guarantees including quality guarantees that are provided under subscription plans.
4.2 You are the owner and/or controller of all of your information, data or materials (materials means and includes all electronic/digital content / design architecture / brand assets) that you provide to us to use the Services (“Customer Content”). By submitting Customer Content to us, you are representing that you are the owner of such Customer Content and/or have the necessary rights, licenses, and authorization to distribute it. You grant us a worldwide, royalty free, non-exclusive license to access and use Customer Content to provide the Services to you as per your requirement.
4.3 You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the deliverables once "Delivered", including all intellectual property rights therein. A deliverable is deemed to be "Delivered" when you have approved of the same. Notwithstanding the foregoing, the terms of this Section 4.5 are subject to your compliance with this Agreement, your full payment of applicable amounts due and the terms of Sections 4.6 and 5 below.
4.4 In the course of providing the services, we may make available to you a dashboard for searching and downloading images / content available on the internet. We do not reserve any rights or title on these contents and do not provide any guarantees for them. You agree to comply with the relevant third-party license.
4.5 In the course of providing the Services, we may use certain pre-existing materials. We and our licensors are, and will remain, the sole and exclusive owners of all right, title, and interest in and to any pre-existing materials. We grant you a limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Services or deliverables. We expressly reserve all other rights in and to such pre-existing materials.