Terms of Service
1. Acceptance of Terms
1.1
These Terms of Service (this “Agreement”) between Elastic Concept (“we,” “us,” or “Elastic Concept”) and you govern your access and use of our graphic design platform available through www.elastic-concept.com (this “Site”) and the subscription or other services we provide (the “Services”). By using this Site and accessing our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
1.2
This Site is controlled and operated by us from our offices in Malaysia. 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 Malaysia are responsible for compliance with all applicable laws.
1.3
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. Privacy Policy
2.1
Our Privacy Policy, which can be found at https://www.elastic-concept.com/privacy-policy (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 18 years of age to access this Site.
3. The Services
3.1
Subject to your compliance with this Agreement, your subscription for an applicable plan, and our timely receipt of associated payment(s), we will make the applicable Services available to you during the subscription term. We will use commercially reasonable efforts to make the Services available, subject to planned downtime and any unscheduled emergency maintenance. We reserve the right to modify, replace, or discontinue the Services at any time without notice.
3.2
You agree to:
• Provide accurate, current, and complete information as may be prompted by any form on this Site (“Registration Data”).
• Maintain and promptly update the Registration Data to keep it accurate, current, and complete.
• Maintain the security of your account credentials and notify us immediately of any unauthorized access.
• Accept sole responsibility for any activities that occur under your account.
Each user of the Services must have a unique username and password.
3.3
You are responsible for obtaining and maintaining all telecommunications, broadband, and computer equipment needed to access the Services and for paying all charges related thereto.
3.4
We may terminate your account without notice if we determine, at our discretion, that you:
• Have violated this Agreement.
• Are sharing usernames or passwords.
• Are using the Services for illegal purposes.
• Have engaged in abusive behavior toward our team.
4. Use of the Services
4.1
While we accept unlimited requests, we attend to one request at a time, with a turnaround time of 1-2 days from receipt. We advise against using our Services for urgent or time-sensitive projects.
4.2
While we strive for perfection, creative design may involve occasional errors. You may request revisions anytime, provided your subscription remains active.
4.3
By submitting content (“Customer Content”) for the Services, you confirm ownership or the necessary rights to distribute it. You grant us a non-exclusive license to access and use Customer Content to provide the Services.
5. Ownership of Content
5.1
You retain ownership of your graphic design projects. However, any stock images, fonts, or other licensed materials (“Licensed Content”) included in your designs are subject to licensing terms.
5.2
We retain ownership of any pre-existing materials used to fulfill your requests. You are granted a limited, royalty-free license to use these materials in your deliverables.
6. Fees and Payments
6.1
Use of the Services requires timely payment of recurring fees. Fees are charged monthly as per your subscription plan. Late payments may result in account termination.
6.2
We reserve the right to update our fees with advance notice. Continued use of the Services after the update constitutes acceptance.
7. Confidentiality
7.1
Both parties agree to keep Confidential Information disclosed during the course of this Agreement private and not to disclose or use it for any purpose outside the scope of this Agreement.
8. Portfolio Rights
8.1
We reserve the right to use deliverables created under this Agreement for marketing and promotional purposes. You may revoke this right by submitting a written request.
9. Termination
9.1
We may terminate this Agreement if you breach its terms or upon the expiration of your subscription. Upon termination, access to the Services and deliverables may be revoked.
10. Governing Law
10.1
This Agreement is governed by the laws of Malaysia.
11. Arbitration
11.1
Disputes arising under this Agreement will be settled by arbitration in Malaysia under the Rules of the Asian International Arbitration Centre (AIAC).