This Terms of Use Agreement (the “Agreement”) is a legally binding contract between Glaise Agency, a design agency based in Quebec, Canada (“Glaise”), and the client, whether an individual or acting on behalf of an entity (“Client”), regarding the use of Glaise’s services, including but not limited to digital design, web design, UX/UI design, development, and related creative services (the “Services”). By engaging with Glaise, the Client agrees to the following terms and conditions.

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1. Intellectual Property Rights

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Glaise retains ownership of all intellectual property created during the provision of the Services until full payment is received. Upon full payment, the copyright and intellectual property rights for the final deliverables are transferred to the Client. However, Glaise reserves the right to showcase the work in its portfolio, on its website, and through other promotional channels unless otherwise agreed upon in writing.

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2. Ownership of Materials

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All design assets, source files, and original materials created for the Client are the exclusive property of the Client once payment is complete. Any third-party assets, such as fonts or stock images, are subject to their respective licenses, and it is the Client’s responsibility to acquire the appropriate rights.

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3. Subscription and Payment Terms

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Glaise offers its Services on a subscription-based model. The Client agrees to make timely payments as outlined in the subscription agreement. Failure to meet payment obligations may result in suspension or termination of Services. All payments are non-refundable. Glaise offers custom payments on bigger transactions and payment plans per discussion with the Client.

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4. Showcasing Design Work

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Glaise reserves the right to share design work on digital channels including social media and its website unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Glaise, which would void Glaise's right to share or discuss the Client's work publicly.

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 5. Limitation of Liability and Indemnification 

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Glaise and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from the Client’s use of the Website. The Client agrees to defend, indemnify, and hold harmless Glaise and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of the Client’s representations and warranties set forth herein; (4) the Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Glaise reserves the right, at the Client’s expense, to assume control and defense of any matter for which the Client shall be required to indemnify Glaise hereunder. The Client agrees to cooperate with the defense of such claims.

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6. Data Management and Privacy Policy 

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Glaise respects the privacy of its clients and handles all personal information in compliance with Quebec and Canadian privacy laws. Glaise only collects data for analytics purposes to improve its services. By engaging Glaise’s Services, the Client consents to the collection and use of data for analytical purposes.

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7. Third-Party Fonts and Assets 

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If a project includes third-party fonts or assets that require additional licensing, Glaise will notify the Client in writing. It is the Client’s responsibility to obtain the appropriate licenses for legal reproduction and distribution.

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8. Website Disclaimer 

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The Website is provided on an as-is, as-available basis. The Client agrees that its use of the Website and Services is at the Client’s sole risk. Glaise disclaims all warranties, express or implied, in connection with the Website and the Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Glaise makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website. Glaise assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage of any nature whatsoever, any unauthorized access to or use of Glaise’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. Glaise does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.

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9. Governing Law and Dispute Resolution 

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This Agreement is governed by the laws of Quebec, Canada. In the event of a dispute, the parties agree to attempt resolution through mediation. If mediation fails, disputes will be resolved in the courts of Quebec.

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10. Modification of Terms 

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Glaise reserves the right to modify these terms at any time. The updated terms will be communicated to the Client, and continued use of the Services constitutes acceptance of the new terms.

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11. Contact Information 

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For any questions or concerns, please contact Glaise Agency at: info@glaise.agency

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