Last updated: September 1, 2023

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between LEMOOLAH, a digital agency (“Lemoolah”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Lemoolah’s website: https://lemoolah.com (the “Website”) and any other media form, channel, mobile website or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Lemoolah shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Lemoolah for services rendered shall remain and continue to be an ongoing obligation owed by Client to Lemoolah.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Lemoolah and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Lemoolah and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Lemoolah’s express prior written permission. Lemoolah reserves all rights in the Website, Content, and Marks.

2. Ownership of Materials

All design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Lemoolah to become the owner of a Project, in whole or in part, rather than Client, Lemoolah irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any materials provided to Lemoolah for incorporation into a project are owned by Client and do not infringe on any third party’s rights. Lemoolah always reserves the right to share the Client's design work publicly (social media, website, etc.) unless otherwise agreed upon.

3. Third-Party Fonts

If any Project incorporates fonts that require a commercial license, Lemoolah will inform Client. Client assumes responsibility for purchasing required licenses for Third-Party Fonts incorporated into a Project.

4. User Representations

By using the Website, Client agrees to comply with these Terms of Use and represents that they have the legal capacity to do so.

5. Prohibited Activities

Client agrees to use the Website only for its intended purpose and refrain from unauthorized activities, including but not limited to unauthorized use, data retrieval, bypassing security, and interfering with the Website's operations.

6. Client Feedback

Any feedback or submission from the Client shall be the sole property of Lemoolah. Lemoolah reserves the right to use such feedback for any lawful purpose.

7. Management and Oversight

Lemoolah reserves the right to monitor the Website for violations and to restrict or deny access to the Website.

8. Privacy Policy

By using the Website, Client agrees to Lemoolah's Privacy Policy.

9. Returns and Refunds

Refunds are assessed on a case-by-case basis. If a refund is deemed appropriate, a 25% fee will be applied to the remaining billable period.

10. Modification

Lemoolah reserves the right to modify or discontinue any part of the Website without notice.

11. Connection Interruptions

Lemoolah does not guarantee uninterrupted access to the Website and is not liable for any interruptions or errors.

12. Governing Law

These Terms of Use shall be governed by the laws of North Carolina, United States.

13. Litigation

Any legal action shall be brought in the courts of North Carolina, United States.

14. Disclaimer

The Website is provided "as-is". Lemoolah disclaims all warranties related to the Website and its content.

15. Limitations of Liability and Indemnification

Lemoolah and its affiliates shall not be liable for any damages arising from the use of the Website. Client agrees to indemnify Lemoolah against any claims or demands.

16. User Data

Client is responsible for all data transmitted or related to their use of the Website.

17. Electronic Communications

Client consents to receive electronic communications from Lemoolah and agrees to the use of electronic signatures.

18. Showcasing Client Work

Lemoolah reserves the right to share client work unless otherwise agreed upon.

19. Referrals

Referral tracking and payouts are handled through our third-party partner, Rewardful.com

20. Miscellaneous

These Terms of Use constitute the entire agreement between Client and Lemoolah.

21. Contact Information

For questions or complaints, please contact Lemoolah at: hello@lemoolah.com