Terms of Use Agreement

Last updated: November 27, 2025
This Terms of Use Agreement ("Agreement") is a legally binding contract between Designow Ltd ("Designow"), a company registered in England and Wales, and the client ("Client"), regarding access to and use of the Designow website (the "Website"), https://www.designow.co/, and related services ("Services").

By accessing the Website or purchasing any services, the Client agrees to be bound by the terms of this Agreement. Failure to comply with these terms will result in the termination of the Client's access to the Website and Services.
Amendments to the Agreement
Designow reserves the right to modify or amend this Agreement at any time, for any reason, and without prior notice. Continued use of the Website or Services after any such changes constitutes your consent to such changes. We will update the "Last updated" date at the top of this Agreement when changes are made.

1. Service Offerings

Designow offers two primary service models:
Monthly Retainer (Growth Partner)
A retainer-based service providing ongoing design and development support. Clients pay a flat monthly fee and receive unlimited task backlog, priority support via Slack, and updates every 48 hours.

One-Time Build (Launch Sprint)
A fixed-scope project for delivering specific design deliverables (typically a 5-page website UI kit) within an agreed timeline, typically 2 weeks.
All services include but are not limited to: UI/UX design, Webflow development, branding, wireframing, prototyping, design systems, pitch decks, and marketing assets.

2. Intellectual Property Rights

Website Content
All content on the Website, including text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of Designow or its content suppliers and is protected by UK and international copyright laws. Designow retains all rights not expressly granted in and to the Website and its content.
Client-Owned Work
Upon full payment, all design files, source files, Figma files, Webflow sites, code, and other deliverables created specifically for the Client become the property of the Client. The Client receives 100% ownership and full intellectual property rights to the completed work.
Portfolio Rights
Designow reserves the right to display completed projects as part of its portfolio and in marketing materials (website, social media, case studies) unless:
- A Non-Disclosure Agreement (NDA) is in place, or
- The Client explicitly requests in writing that the project remain confidential
If portfolio display is permitted, Designow may showcase screenshots, descriptions, and outcomes of the project while respecting any confidentiality agreements.

3. Third-Party Fonts, Assets, and Licenses

If projects include fonts, stock images, illustrations, or other materials owned by third parties, it is the Client's responsibility to obtain and maintain the appropriate licenses for commercial use.

Designow will:
- Inform the Client of any third-party assets used
- Provide recommendations for licensed alternatives
- Use only free or client-licensed assets unless otherwise agreed

Designow is not responsible for any licensing violations resulting from the Client's use of third-party assets.

4. User Representations

By using the Website and Services, the Client represents and warrants that:
- They have the legal authority to enter into this Agreement
- They are at least 18 years of age
- Their use of the Website will not violate any applicable laws or regulations
- All information provided (contact details, project requirements, payment information) is accurate, current, and truthful
- They will not use the Services for any illegal or unauthorized purpose

5. Payment Terms

Monthly Retainer Plan
- Billed monthly at a flat rate (currently $2,999/month unless otherwise agreed)
- Payment is due at the beginning of each billing cycle
- Payments are processed automatically via Stripe
- Includes a **7-day money-back guarantee** (details in Section 9)

One-Time Build Plan
- Pricing starts at $1,999 depending on project scope
- Payment structure: 50% upfront (to reserve the timeline), 50% upon project completion
- Final deliverables are released only after full payment is received

Late Payments
If payment is not received within 7 days of the due date, Designow reserves the right to:
- Pause all work until payment is received
- Suspend access to Slack, Notion, and Figma
- Terminate the Agreement and retain all work-in-progress

Currency and Taxes
All prices are in USD. Clients are responsible for any applicable taxes, VAT, or customs duties in their jurisdiction.

6. Client Responsibilities

The Client agrees to:
- Provide timely feedback and necessary materials (copy, images, brand guidelines)
- Respond to requests for clarification within a reasonable timeframe
- Ensure that all content provided does not infringe on third-party intellectual property rights
- Obtain necessary licenses for third-party assets (fonts, stock images, etc.)
- Review and approve deliverables in a timely manner

Project Delays:
If the Client does not provide required materials or feedback for more than 14 consecutive days, Designow reserves the right to pause or terminate the project without refund.

7. Designow Responsibilities

Designow agrees to:
- Deliver updates every 48 hours for retainer clients, or according to the agreed sprint timeline
- Maintain open communication via Slack (for retainer clients) or email
- Provide high-quality, professional design and development work
- Ensure all deliverables are original and do not infringe on third-party rights
- Offer revisions until the Client is satisfied with the deliverables (within reasonable scope)

8. Revisions and Scope Changes

Included Revisions
- Retainer Plan: Unlimited revisions within the scope of each task
- One-Time Build: Revisions are included during the active project timeline (typically 2 weeks)

Scope Creep
If the Client requests significant changes that fall outside the original project scope, Designow will:
- Notify the Client that the request is out of scope
- Provide a quote for additional work
- Proceed only upon Client approval

9. Refund and Cancellation Policy

Monthly Retainer Plan
- 7-day money-back guarantee: If you are not satisfied within the first 7 days of your first month, you may request a full refund
- After 7 days, refunds are assessed on a case-by-case basis at Designow's discretion
- If a refund is granted after work has begun, the used days will be billed at a daily rate (monthly fee ÷ 30 days), and a **25% administrative fee** will be applied to the remaining balance
- Pause or Cancel Anytime: Clients may pause or cancel their retainer at any time. No refunds for unused days in the current billing cycle
- Upon cancellation, the Client may no longer use any in-progress or incomplete work

One-Time Build Plan
- Non-refundable: Due to the reserved timeline and resources allocated, one-time project fees are non-refundable once work has begun (after the 50% upfront payment)
- If the Client cancels before work begins, a full refund of the upfront payment will be issued
Refund Violations
If a Client requests a refund and then uses any materials, designs, or code produced by Designow, this constitutes a breach of this Agreement. Designow reserves the right to take appropriate legal action, including but not limited to pursuing damages and injunctive relief.

10. Confidentiality and Non-Disclosure

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project, including but not limited to:
- Business strategies and plans
- Financial information
- Unreleased product details- Trade secrets

If a formal Non-Disclosure Agreement (NDA) is required, it must be signed by both parties before the project begins.

11. Workspaces and Communication Tools

Notion Workspace
Retainer and sprint clients receive access to a private Notion board for project management, task tracking, and asset sharing. Clients agree to:- Use the workspace solely for project-related communication- Not share workspace access with unauthorized third parties

Slack Communication
Retainer clients receive priority support via Slack. Clients agree to:- Use Slack for professional, project-related communication- Respond to messages within a reasonable timeframe (48 hours recommended)

Figma Files
Clients receive view and comment access to Figma files. Upon project completion and full payment, clients receive editor access and can download all source files.

Loom Video Updates
Designow may share Loom video updates to demonstrate progress. These videos are private and should not be shared publicly without Designow's consent.guarantee that the Website will be available at all times and is not liable for any interruptions or loss of service.

12. Prohibited Activities

The Client agrees not to:
- Use the Website or Services to violate any laws or regulations
- Infringe on the intellectual property rights of Designow or others
- Interfere with other users' access to the Website
- Attempt to reverse engineer, decompile, or hack the Website or Services
- Use Designow's branding, portfolio, or materials without permission
- Resell or redistribute Designow's services without written consent

Violation of these terms may result in immediate termination of services and legal action.

13. Client Feedback and Testimonials

Any feedback, comments, suggestions, or testimonials provided by the Client may be used by Designow without restriction, compensation, or attribution, unless otherwise agreed in writing.

If the Client provides a testimonial, they grant Designow permission to use their name, company name, and testimonial in marketing materials.

14. Limitation of Liability

Website and Service Availability
The Website and Services are provided on an "as is" and "as available" basis. Designow does not guarantee that:
- The Website will be available at all times or free from errors
- Services will be delivered without interruption
- All bugs or technical issues will be resolved immediately

Liability Cap
To the fullest extent permitted by law, Designow's total liability for any claims arising from this Agreement or the use of Services shall not exceed the total amount paid by the Client in the 12 months preceding the claim.

Exclusions
Designow is not liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, revenue, or data
- Third-party actions or services (e.g., Stripe, Webflow, Notion)
- Delays caused by the Client's failure to provide materials or feedback

15. Indemnification

The Client agrees to indemnify, defend, and hold harmless Designow, its employees, and contractors from any claims, damages, or expenses (including legal fees) arising from:
- The Client's use of Services
- Violation of this Agreement
- Infringement of third-party intellectual property rights by Client-provided content
- Any illegal or unauthorized use of deliverables

16. Force Majeure

Designow is not liable for any failure or delay in performing Services due to circumstances beyond its reasonable control, including but not limited to:
- Natural disasters
- War, terrorism, or civil unrest
- Internet or utility failures
- Pandemics or government restrictions

17. Modification of Services

Designow reserves the right to:
- Modify, suspend, or discontinue any part of the Website or Services at any time
- Change pricing with 30 days' notice to existing clients
- Update service offerings and features

Active clients will be notified of significant changes that affect their subscription or project.

18. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Any disputes, claims, or legal proceedings arising from this Agreement will be resolved in the courts located in England and Wales. Both parties consent to the exclusive jurisdiction of these courts.

19. Dispute Resolution

Informal Resolution
Before initiating any legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation. Either party may initiate this process by sending a written notice to the other party.

Mediation
If informal resolution fails, the parties agree to attempt mediation before pursuing litigation. Mediation costs will be shared equally.

Arbitration (Optional)
If both parties agree, disputes may be resolved through binding arbitration in accordance with the rules of a mutually agreed arbitration body.

20. Electronic Communications and Signatures

By using the Website or Services, the Client consents to:
- Receive electronic communications from Designow (emails, invoices, agreements, updates)
- Transact business electronically
- Accept electronic signatures as legally binding

All electronic communications and records are deemed legally binding and enforceable.

21. Entire Agreement

This Agreement, together with the Privacy Policy and any signed project proposals or NDAs, constitutes the entire agreement between the Client and Designow regarding the Website and Services. It supersedes all prior agreements, understandings, or representations, whether written or oral.

22. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

23. Waiver

Failure by Designow to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

24. Assignment

The Client may not assign or transfer this Agreement without Designow's prior written consent. Designow may assign this Agreement to a successor entity in the event of a merger, acquisition, or sale of business.

25. Contact Information

For any inquiries, complaints, or legal notices regarding this Agreement or Services, please contact us at:

Designow Ltd
Email: ognjen@designow.co  
Website: https://www.designow.co
*By using the Designow website or services, you acknowledge that you have read, understood, and agree to be bound by this Terms of Use Agreement and the Privacy Policy.*