Terms and Conditions
Last Updated: 25 October 2024
These Terms of Service ("Terms") govern your use of the website and services provided by Barbi Agency LLC., a Limited Liability Company (LLC) registered in Wyoming, USA, doing business as Barbilus ("we," "our," or "us"). By accessing or using our website, products, or services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you should refrain from using our website or services.
WEBSITE USAGE
General Usage: Users may browse our website and purchase digital products or services. No user accounts are required for general access.
Age Restrictions: By using our website, you confirm that you are legally able to enter into contracts in your jurisdiction.
License Granting: Upon purchasing a digital product, such as a website template, we grant you a non-exclusive, non-transferable license to use the product for a single project or website. You may not redistribute, resell, or modify the design to claim ownership. If you are a designer or agency, you may use the template for your client, but cannot claim ownership or resell it.
SERVICES AND PRODUCTS PROVIDED
Nature of Services: We provide branding and website design services, digital products, and Showit website templates.
Payment and Billing: All products and services require one-time payments. We use third-party payment processors to facilitate these transactions.
Refund Policy: As the digital products we offer are delivered immediately and are not returnable, we do not offer refunds. For branding and website design services, any cancellation or refund terms will be outlined in the specific contract signed before project begins.
USER RESPONSABILITIES
Account Security: No accounts are required for access to our website and services.
Prohibited Activities: Users agree not to engage in any illegal activities, harassment, spamming, or conduct that disrupts or damages the website or services.
User-Generated Content: We do not permit users to upload or post any content to the website.
INTELLECTUAL PROPERTY
Ownership of Content: We retain full ownership of all intellectual property created and provided through our services, including but not limited to website templates, designs, and other creative content.
Third-Party Content: We may include licensed stock images or third-party content in our templates. You are granted a license to use such content as part of the templates under the applicable license.
License for Users: You are granted a license to use the templates you purchase for a single project or client only. You may not redistribute, resell, or modify the templates to claim ownership or reuse them for other projects.
LIMITATIONS OF LIABILITY
Limitation of Liability: To the fullest extent permitted by applicable law, Barbilus shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use or inability to use our products or services, even if we have been advised of the possibility of such damages.
Indemnification: You agree to indemnify, defend, and hold harmless Barbilus, its officers, employees, agents, and affiliates from any claims, damages, liabilities, losses, or expenses (including legal fees) arising out of your use of the website, products, or services, or any violation of these Terms.
PRIVACY AND DATA
Data Collection: We collect and use your data for purposes such as processing transactions, providing support, and improving our services. By using our website, you consent to the collection and use of your data as described in our Privacy Policy.
THIRD-PARTY SERVICES
External Links and Services: Our website may contain links to third-party services, including payment processors (e.g., Stripe) and analytics tools (e.g., Google Analytics). These third parties may collect and process your data, and we are not responsible for their privacy practices. Please refer to their respective privacy policies for more information on how they collect and use your data.
GOVERNING LAW AND DISPUTE RESOLUTIONS
Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of Wyoming, USA.
Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our products or services will be first attempted to be resolved through mediation. If mediation is unsuccessful, the dispute will be settled through binding arbitration. However, if a dispute involves the unauthorized distribution of our intellectual property or other egregious violations, either party may seek relief in a court of competent jurisdiction, without the necessity of mediation or arbitration.
TERMINATION AND SUSPENSION
Termination Rights: We reserve the right to suspend or terminate access to our website and services, at our discretion, without notice, if we believe that you have violated these Terms or engaged in fraudulent or harmful activities.
Refund Eligibility on Termination: No refunds will be issued if access is terminated due to violation of these Terms.
MISCELLANEOUS PROVISIONS
Amendments: We may update or modify these Terms from time to time. Any changes will be posted on the website, and the updated Terms will apply to your use of the services.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
By accessing or using our website and services, you agree to these Terms of Service. If you have any questions or concerns regarding these Terms, please contact us at hello@barbilus.com
