TERMS OF USE

ONTHEBIASDESIGN TERMS OF USE

Effective Date: October 21, 2024

1. License Agreement

Standard License: Upon purchasing from ONTHEBIASDESIGN, you acquire a non-transferable, non-exclusive standard license. This license may only be used by individuals or entities with fewer than 5 employees, including one-person entities and freelancers. The license is granted to the Purchaser and may be shared with team members for internal business use, but all Users are bound by these Terms.
Extended License: Entities with 5 or more employees, contractors, or collaborators must obtain an extended license. For inquiries about extended licenses, please contact us directly at info@onthebiasdesign.com.

2. Restrictions on Use

Resale & Redistribution: The digital assets you receive are for internal use only and may not be resold, redistributed, or shared externally in any capacity, including but not limited to private or paid communities, public forums, or commercial ventures. Unauthorized distribution, whether for profit or for free, is strictly prohibited.
No Derivative Works: You may not modify, reverse engineer, or create derivative works from our digital products for commercial purposes or for sale or distribution as digital products without prior written consent from ONTHEBIASDESIGN.
Permitted Modifications for Manufacturing: The Purchaser and Users may modify ONTHEBIASDESIGN digital assets solely for the purpose of manufacturing physical products based on the designs. These modifications are permitted only for internal use by the Purchaser and their authorized manufacturers, and must not be used for any purpose outside of manufacturing the Purchaser’s own products.
Freelancer Use and Client Delivery: Freelancers (Purchasers or Users) may modify ONTHEBIASDESIGN digital assets as part of a deliverable project only if the purpose of any or all of those projects is not the commercial distribution of digital assets, similar to those of ONTHEBIASDESIGN. These modifications are allowed solely for the purpose of completing work for the freelancer’s client and must not have a purpose of commercial distribution of digital assets, similar to those of ONTHEBIASDESIGN.

3. Client Requests for Editable Files (e.g., AI Format)

In cases where a client requests the digital assets in editable formats (such as Adobe Illustrator .AI files), freelancers may provide the file to the client under the following conditions:
- Limited License for Editable Files: The client must agree that the editable files provided are for internal use only and may not be resold, redistributed, or used for commercial purposes beyond the original project’s scope - which must not have a purpose of commercial distribution of digital assets, similar to those of ONTHEBIASDESIGN. This includes modifications of ONTHEBIASDESIGN digital products for the commercial distribution of digital assets.
- No Further Modifications: The client may not modify the digital assets for purposes beyond the project for which they were originally intended, unless explicitly agreed upon in writing with ONTHEBIASDESIGN. Such modifications must not involve the purpose of commercial distribution of digital assets similar to those of ONTHEBIASDESIGN.
- Client Agreement: The freelancer must ensure that the client agrees to these restrictions before providing the editable files. Failure to adhere to these terms may result in legal action by ONTHEBIASDESIGN.

4. Limitations on Distribution to Manufacturers and Clients

Purchasers may share modified digital assets with manufacturers for the express purpose of producing physical goods based on the designs.
Freelancers may share modified or editable versions of the digital assets with clients as part of the final deliverable, only if the purpose of those projects is not the commercial distribution of digital assets, similar to those of ONTHEBIASDESIGN. Clients must agree to the limitations outlined in these Terms and are considered Users for purposes of compliance with these Terms.

5. No Commercial Use of Digital Modifications

While modifications for manufacturing purposes and client projects are allowed, only if the end purpose of those projects is not the commercial distribution of digital assets similar to those of ONTHEBIASDESIGN, the Purchaser, Users, Manufacturers, Freelancers, and Clients are prohibited from selling, distributing, or otherwise sharing the modified or original digital assets themselves. The modified assets must not be repurposed, resold, or distributed as digital products without prior written consent from ONTHEBIASDESIGN.

6. Responsibility for Compliance

The Purchaser and Freelancers are responsible for ensuring that all manufacturers, clients, and any other third parties comply with this clause. Any unauthorized use or distribution of the digital assets by third parties, including manufacturers or clients, is the responsibility of the Purchaser or Freelancer, and may result in legal action.

7. Non-Compete Clause

You agree not to create, sell, promote, or distribute any digital products that directly compete with ONTHEBIASDESIGN for a period of two (2) years from the date of purchase and/or first use of any ONTHEBIASDESIGN products. This non-compete agreement applies globally and covers digital products similar in nature to those offered by ONTHEBIASDESIGN, except where explicitly agreed upon in writing.

8. Final Sale

No Refunds: All sales of digital products are final. ONTHEBIASDESIGN does not offer refunds or exchanges for digital downloads, except where required by law. Ensure you review product details carefully before purchase.

9. Intellectual Property

All digital products, including but not limited to digital designs, templates, and course materials, are the intellectual property of ONTHEBIASDESIGN. Purchasing a digital product grants you a license to use it under the conditions outlined in this agreement, but ownership of the product remains with ONTHEBIASDESIGN.
You agree not to reproduce, sell, distribute, or share any part of the purchased digital products for commercial purposes, or in direct competition with ONTHEBIASDESIGN.

10. Updates to Terms

Notification of Updates: ONTHEBIASDESIGN reserves the right to update or modify these Terms of Use at any time. Users will be notified of any significant changes via the email address provided at the time of purchase. It is the User’s responsibility to ensure their email address is current.
Continued Use as Acceptance: By continuing to use the products after receiving notice of updated Terms, you agree to the modified Terms. If you do not agree to the updated Terms, you must discontinue use of all ONTHEBIASDESIGN products and contact us to resolve your license.

11. Legal Action & Termination of Access

Violation of Terms: Any violation of these Terms may result in immediate termination of your access to ONTHEBIASDESIGN products and potential legal action, including claims for damages and loss of profits.

12. Continued Use

Continued Use: Continued use of ONTHEBIASDESIGN assets, including those purchased before the Effective Date, constitutes agreement with these updated terms as of October 21, 2024.

13. Dispute Resolution

In the event of a dispute related to these Terms or the use of ONTHEBIASDESIGN products, you agree to first attempt to resolve the issue through informal negotiation by providing written notice to info@onthebiasdesign.com. If a resolution cannot be reached within 30 days, the dispute shall be resolved by binding arbitration in accordance with the following rules, depending on the jurisdiction of the parties involved:

13.1 United States (Iowa):
For disputes based in the United States, arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA), and the arbitration shall be held in Iowa. The language of the arbitration will be English.

13.2 Canada (Toronto):
For disputes based in Canada, arbitration will be conducted in accordance with the rules of the ADR Institute of Canada, and the arbitration shall be held in Toronto, Ontario. The language of the arbitration will be English.

13.3 Mexico (Mexico City):
For disputes based in Mexico, arbitration will be conducted in accordance with the rules of the Centro de Arbitraje de México (CAM), and the arbitration shall be held in Mexico City. The language of the arbitration will be Spanish.

13.4 International Disputes (Paris - ICC):
For international disputes involving parties from different countries, arbitration will be conducted in accordance with the rules of the International Chamber of Commerce (ICC), and the arbitration shall be held in Paris, France. The language of the arbitration will be English, or as mutually agreed upon by the parties.

14. General Arbitration Terms

14.1 Final and Binding:
The arbitration award shall be final and binding on all parties, and judgment on the award may be entered in any court of competent jurisdiction.

14.2 Legal Fees and Costs:
Each party shall bear its own legal fees and costs associated with the arbitration, unless the arbitrator rules otherwise.

14.3 Non-Arbitrable Disputes:
Any dispute that cannot be arbitrated due to legal restrictions in the applicable jurisdiction shall be submitted to the courts of [insert relevant city] for resolution.

15. Contact Information

For questions or clarifications regarding these Terms, or to inquire about extended licenses, please contact us at:

Email: info@onthebiasdesign.com

FASHION DESIGN ASSETS AND AID