Terms of Service

1. Agreement to Terms

By accessing or using Designgud's services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and Designgud. We reserve the right to modify these Terms at any time, and your continued use of our services constitutes acceptance of any changes.

2. Description of Services

Designgud provides unlimited design and development services on a subscription basis. Our services include, but are not limited to:

• Website design and UI/UX design
• Mobile app design
• Graphic design and branding
• Webflow development (Advance plan only)
• Web and mobile application development (separate plans)
• AI and prompt engineering services

Services are delivered according to the plan you select (Basic, Pro, or Advance) with specific features and delivery timeframes as outlined on our pricing page.

3. Subscription Plans and Billing

3.1 Subscription Types

We offer monthly and yearly subscription plans, as well as one-time payment options for 30-day service periods. All pricing is displayed on our pricing page and is subject to change with 30 days' notice to existing subscribers.

3.2 Payment Processing

Payments are processed through PayPal or Gumroad. By subscribing, you authorize us to charge your selected payment method on a recurring basis. You are responsible for maintaining valid payment information.

3.3 Billing Cycle

For monthly subscriptions, billing occurs on the same day each month. For yearly subscriptions, billing occurs annually on the anniversary of your subscription date. One-time payments are processed immediately and provide 30 days of service access.

3.4 No Refund Policy

Designgud does not offer refunds under any circumstances. All payments made for subscription plans (monthly, yearly) and one-time payments are final and non-refundable. This policy applies regardless of usage, satisfaction, or cancellation timing.

By subscribing to or purchasing our services, you acknowledge and agree that:

• All sales are final
• No refunds will be issued for any reason, including but not limited to:
  • Change of mind or business needs
  • Dissatisfaction with deliverables
  • Unused time within a billing period
  • Early cancellation of subscription
  • Technical difficulties or service interruptions
• Payments are processed immediately and cannot be reversed
• Chargebacks or payment disputes will result in immediate account termination

Alternative to Refunds: Instead of refunds, we offer a flexible "Pause" feature that allows you to pause your subscription at any time without losing your remaining time. When you pause, your billing cycle freezes, and you can resume service whenever you're ready. This ensures you get full value from your subscription.

Cancellation: While we do not offer refunds, you may cancel your subscription at any time. Upon cancellation, you will retain access to our services until the end of your current billing period. No partial refunds will be issued for the unused portion of your subscription.

4. Service Usage and Limitations

4.1 Unlimited Requests

"Unlimited requests" means you can submit as many design requests as needed, processed one at a time (Basic plan) or multiple at a time (Pro and Advance plans). Each request must be clearly defined and scoped appropriately.

4.2 Delivery Timeframes

Average delivery times are 1-2 days for Basic plan and same-day delivery for Pro and Advance plans. Complex projects may require additional time, which will be communicated in advance.

4.3 Revisions

All plans include unlimited revisions to ensure your complete satisfaction. Revisions must be based on the original project scope and clearly communicated through our designated channels (Slack/Trello).

4.4 Pause Feature

You may pause your subscription at any time. Pausing your subscription freezes your billing cycle and access to services. You can resume at any time, and your billing will continue from where it was paused.

5. Intellectual Property Rights

5.1 Ownership of Deliverables

Upon full payment, you own all rights to the final deliverables we create for you. This includes source files, designs, and any custom code developed specifically for your project.

5.2 Portfolio Rights

We reserve the right to display completed work in our portfolio and marketing materials unless you explicitly request confidentiality. We will honor all non-disclosure agreements (NDAs).

5.3 Third-Party Assets

Some projects may incorporate third-party assets (fonts, stock photos, icons, etc.). You are responsible for obtaining proper licenses for any third-party assets used in your projects.

5.4 Pre-existing IP

We retain ownership of our pre-existing intellectual property, including design systems, code libraries, and methodologies used to create your deliverables.

6. User Responsibilities

You agree to:

• Provide accurate and complete information when creating your account
• Maintain the security of your account credentials
• Provide clear, timely feedback and project requirements
• Supply all necessary materials, content, and assets for your projects
• Respond to our communications in a timely manner
• Not use our services for any illegal or unauthorized purpose
• Not attempt to reverse engineer or copy our proprietary methods
• Treat our team members with respect and professionalism

7. Cancellation and Termination

7.1 Your Right to Cancel

You may cancel your subscription at any time through your account dashboard or by contacting us. Cancellation will take effect at the end of your current billing period.

7.2 Our Right to Terminate

We reserve the right to suspend or terminate your account if you violate these Terms, engage in abusive behavior, commit payment fraud, or use our services in a manner that harms Designgud or other users.

7.3 Effect of Termination

Upon termination, you will lose access to our services and communication channels. Completed work will be delivered, but any work in progress may be discontinued unless otherwise agreed upon.

8. Warranties and Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. While we strive for excellence, we do not guarantee that our services will be uninterrupted, error-free, or meet all your specific requirements.

We are not responsible for third-party services, platforms, or tools that may be integrated into your projects. You use such services at your own risk.

9. Limitation of Liability

To the maximum extent permitted by law, Designgud shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

Our total liability to you for all claims arising from or related to our services shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Designgud and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

11. Confidentiality

We respect the confidentiality of your projects and business information. We will not disclose your confidential information to third parties without your consent, except as required by law or as necessary to provide our services.

If you require additional confidentiality protections, we are happy to sign a mutual non-disclosure agreement (NDA).

12. Communication Channels

Primary communication for active projects occurs through Slack and Trello. You agree to maintain active access to these platforms during your subscription. We may also communicate via email for account-related matters.

13. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, labor disputes, or interruptions in internet or utility services.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Thailand, without regard to its conflict of law provisions.

Any disputes arising from these Terms or our services shall be resolved through good faith negotiations. If negotiations fail, disputes may be submitted to binding arbitration or the courts of Thailand.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Designgud regarding our services and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: designgud.co@gmail.com
• Website: https://designgud.co