Bitesized, LLC - Terms of Use

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Last Updated: 1/01/2023

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1. Agreement Overview

This Terms of Use ("Agreement") constitutes a legally binding agreement between Bitesized Design Lab, LLC, a Limited Liability Company organized under the laws of the State of Delaware ("Bitesized"), and the Customer ("Customer"). Failure to agree to and adhere to all terms, conditions, and obligations contained herein results in the prohibition of the Customer's use of the Services, requiring immediate discontinuation. Except for ongoing obligations, such as payment for services rendered, the relationship between Customer and Bitesized shall cease upon termination of this Agreement.

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2. Service Plans

Single Serving: This plan offers focused branding and web design services from Bitesized, featuring the expertise of one dedicated designer. Customers will receive updates on their project's progress every 48-72 hours, which will be delivered directly through Asana. While this plan does not include a project manager, customers have access to detailed design walkthroughs shared via video tools like Loom. Bitesized aims to initiate work on new requests within three business days under the Single Serving plan.

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Dinner for Two: Designed for more comprehensive design needs, the Dinner for Two plan encompasses both extensive design support and Webflow development. It provides the skills of up to two designers as needed for intricate and diverse design projects. Similar to the Single Serving plan, customers will receive regular updates and design feedback through Asana, with the added benefit of Webflow development for advanced web design requirements. Work on new service items under this plan will begin within a two-business-day response time. Please note, like the Single Serving plan, the Dinner for Two plan does not include the support of a project manager.

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For both the Single Serving and Dinner for Two plans, all task submissions and communications must be conducted through Asana. Bitesized reserves the right to modify, enhance, or revise these Service Plans at its discretion. Customers are advised to regularly review the terms for any updates or changes.

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3. Cancellation and Renewal Policy

Customers choosing to discontinue their Service Plans with Bitesized are required to submit a clear and unequivocal written notice of cancellation at least seven (7) days prior to their next billing cycle renewal date. This advance notice is essential to prevent incurring charges for the subsequent period. A 7-day notice period is necessary for Bitesized to efficiently manage and reallocate design resources, which are carefully planned to ensure high-quality service delivery.

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If a Customer fails to provide a 7-day notice of cancellation, they will incur charges for the next billing period. These charges are non-refundable, compensating for the allocation of design resources which could have been deployed for other projects. This policy is designed to help Bitesized maintain a consistent and dedicated level of service for all active projects.

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Customers are advised to carefully consider their project timelines and plan any cancellations to align with this 7-day notice period. Bitesized is committed to clear and transparent communication about renewal dates and will provide reminders to assist Customers in this regard. All cancellation intentions must be communicated through Bitesized's designated contact channels to be acknowledged and processed.

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4. Acceptance of Work

Bitesized provides a review period of three (3) business days following the delivery of design work for the Customer to evaluate and provide feedback. The Customer’s input is invaluable for ensuring the final product meets their expectations.

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Should Bitesized not receive feedback or revision requests within the three (3) business days post-delivery, the work will be considered accepted, and the Bitesized team will move forward with the next task. This acceptance is procedural and does not prevent the Customer from providing additional feedback or requesting iterations afterward. Bitesized is committed to accommodating further refinements; however, it is understood that this will not delay the ongoing project timeline or the subscription billing cycle.

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We encourage Customers to provide timely feedback to align with the project's momentum but understand that iteration is a natural part of the creative process. Bitesized is happy to continue iterating on the delivered work to ensure that the Customer's vision is fully realized, while also maintaining the pace of project development.

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5. Pricing Plans and Refund Policy

Customers have the flexibility to cancel their subscription with Bitesized; however, a notice of cancellation must be submitted in writing at least seven (7) days prior to the end of the current billing cycle. This notice period is crucial as resources, including dedicated designers and project managers, are allocated based on anticipated project continuation. Therefore, Bitesized does not offer refunds once these resources have been assigned and work has commenced.

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In the event that a Customer submits a cancellation notice, Bitesized will continue to provide services until the completion of the current billing cycle. There are no refunds for any portion of the services that have been unused within this billing period. Following the submission of the cancellation notice, the subscription will not be renewed, and no further charges will be incurred after the end of the billing cycle in which the cancellation notice period concludes.

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Please be advised that there are no refunds for partial months of service, and any cancellation request must adhere to the 7-day notice requirement to avoid billing for the subsequent period.

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6. Intellectual Property Rights

Customers of Bitesized pay in advance for each month of service. Consequently, ownership of all works created specifically for the Customer during a given billing cycle is transferred to the Customer immediately upon commencement of that cycle's service. This includes, but is not limited to, brand assets, website designs, and customized graphics created as part of the service agreement.

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While Bitesized retains all rights to its foundational and underlying Content, such as software, design frameworks, trademarks, logos, and pre-existing text, graphics, and media (collectively, the “Content”), the specific works produced for a Customer during the paid service period are the Customer's property from the point service delivery begins for that billing cycle.

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These works, once created and delivered within the scope of a paid billing cycle, are protected under the Customer's ownership by copyright laws and regulations of the United States and foreign jurisdictions and international conventions, as applicable.

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7. Ownership of Materials

Consistent with the Intellectual Property Rights section, while Bitesized retains ownership of its proprietary materials and general content used in the creation process, the Customer obtains full ownership of the final, delivered project work. This includes all design and original source files created specifically for the Customer’s project. Upon full payment for the respective service, the Customer shall be the sole owner of the copyright for all completed projects. It should be noted that this transfer of ownership pertains only to the final, custom-created works and does not include Bitesized’s underlying tools, methods, or pre-existing materials.

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8. Fonts

In the event that any Project incorporates fonts not owned by Bitesized and requiring a commercial license for legal reproduction, distribution, or public display, Bitesized will inform the Customer in writing. The Customer will need to purchase the appropriate licenses for the Third-Party Fonts. The Customer assumes all responsibility for consequences due to failure in purchasing required licenses for any Third-Party Fonts incorporated into a Project.

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9. Customer Representations

By using the Services, Customer represents and warrants that: Customer has the legal capacity and agrees to comply with these Terms of Use; Customer is not a minor; Customer will not access the Services through automated or non-human means; Customer will not use the Services for any illegal or unauthorized purpose; Customer’s use of the Services will not violate any applicable law or regulation.

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10. Prohibited Activities

Customers shall use the services provided by Bitesized solely for lawful purposes and in accordance with the intended use of these services. Specifically, the creative content and materials produced by Bitesized are to be used by the Customer in a manner that aligns with the agreed-upon project scope and is consistent with the terms of the service plan selected. Customers are prohibited from:

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Reselling, redistributing, or otherwise exploiting the services or content created by Bitesized for unauthorized commercial purposes.

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Using the services or content created in any way that infringes upon the intellectual property rights of others, including but not limited to unauthorized reproduction, modification, or distribution.

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Engaging in any activity that is illegal, fraudulent, or violates the rights of any third party.

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The use of Bitesized’ services should be in a manner that respects the integrity of the creative process and adheres to the legal and ethical standards of content creation and usage.

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11. Feedback

Customer acknowledges and agrees that any questions, comments, suggestions, or other feedback related to the services provided by Bitesized ("Feedback") must be communicated through designated platforms, specifically Loom or Figma. This ensures that Feedback is properly recorded and addressed. Bitesized shall retain ownership of all Feedback and is under no obligation to keep it confidential.

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Bitesized is not liable for any oversight or failure to act on Feedback that is not shared through the aforementioned designated channels. Customers are encouraged to use these platforms for all communication regarding Feedback to ensure it is duly noted and appropriately responded to.

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12. Oversight

Bitesized reserves the right to monitor the Services for violations of these Terms of Use and to take appropriate legal action against violations. Bitesized further reserves the right to restrict or deny access to the Services or disable the Customer’s use of the Services, without notice or liability.

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13. Returns and Refunds

Bitesized maintains a strict no-refund policy on all payments made for services. This is in line with our 21-day cancellation notice requirement as detailed in the "Cancellation and Renewal Policy" section. Customers wishing to cancel their subscription must provide written notice at least seven (7) days prior to their next billing cycle to prevent charges for the subsequent period.

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Despite this policy, Bitesized is committed to delivering the promised services for the entirety of the current billing cycle, even if a cancellation request is received. No refunds will be issued for any cancellations, including those made within the 7-day notice period, as this timeframe is necessary for us to efficiently reallocate resources and maintain the high-quality service our customers expect.

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14. Modifications to Terms of Use

Bitesized reserves the right to change, alter, modify, or remove any content on the Services at its sole discretion. Bitesized reserves the right to modify or discontinue all or part of the Services without notice and without liability to the Customer.

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15. Interruptions

There may be occasions where service interruptions occur due to factors beyond our control. These may include, but are not limited to, unforeseen circumstances such as team member unavailability, technical difficulties, or external factors impacting our ability to deliver services.

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In the event of such interruptions, Bitesized shall not be liable for any loss, damage, or inconvenience caused by the Customer’s inability to receive the services during these periods. We are committed to minimizing any disruptions and will endeavor to notify Customers of any significant interruptions and resume services as promptly as possible.

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16. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

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17. Limitations of Liability and Indemnification

Bitesized, its directors, employees, members, contractors, or agents shall not be liable for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, or other damages or losses, arising from Customer’s use of the Services. Customer agrees to defend, indemnify and hold harmless Bitesized from any loss, damage, liability, claim, or demand due to Customer’s use of the Services.

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18. Customer Data

The Customer is responsible for providing all necessary data and materials required for Bitesized to perform its services. This includes, but is not limited to, specific project requirements, content, images, or any other information relevant to the completion of the services.

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While Bitesized takes reasonable measures to safeguard the data provided by the Customer during the service process, it shall not be liable for any loss, corruption, or compromise of such data. Customers are advised to maintain backups and copies of all materials provided to Bitesized. In the event of any loss or corruption of data, Bitesized will endeavor to assist in the recovery process to the best of its ability, but it cannot guarantee the restoration of lost or corrupted data.

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19. Electronic Delivery of Materials

Customer consents to receive electronic communications from Bitesized and agrees that all agreements, notices, disclosures, and other communications sent electronically satisfy legal requirements for written communication.

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20. Showcasing Work

Bitesized reserves the right to showcase design work on digital channels unless otherwise agreed upon through a Non-Disclosure Agreement (NDA) to protect sensitive information.

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21. Termination

These Terms of Use remain in effect until terminated by the Customer or Bitesized. Customers may terminate their agreement in accordance with the cancellation policy outlined in the "Pricing Plans and Refund Policy" section. Bitesized reserves the right to terminate this Agreement at any time, with reasonable notice to the Customer, unless in cases of breach by the Customer, including but not limited to non-payment and violation of these Terms of Use. Bitesized may also suspend or terminate Customer's access to the Services for any substantial breach of these terms.

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Upon termination, all rights and obligations of both parties, save for those explicitly stated as surviving the termination (such as payment obligations for services already rendered, confidentiality, and ownership of materials), will cease. Bitesized will take reasonable steps to ensure a smooth transition and minimize disruption to the Customer's ongoing projects.

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Contact Information

For questions or comments regarding these Terms, please contact:

Bitesized, LLC

909 W Washington Blvd.

Chicago, IL 60607