Terms and Conditions
Welcome to Meridian Design, LLC. These Terms and Conditions ("Terms") govern your use of our subscription services ("Service"). Please read them carefully.
1. Introduction
The Service provides a subscription-based design and development service for individuals and businesses. By using the Service, you agree to these Terms. If you do not agree to these Terms, please do not use the Service.
2. User Eligibility and Account Registration
To use the Service, you must be 18 years or older and capable of forming a binding contract. You must also provide accurate and complete information during the account registration process. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
3. Subscription Terms
The Service offers a monthly subscription plan, which includes access to a range of design and development services. The price, billing cycle, and features of the plan are listed on our website. Your subscription will automatically renew at the end of each billing cycle, unless you cancel your subscription before the renewal date.
Clients may pause their subscription at any time and utilize the unused remainder of their subscription at a later date. However, Meridian reserves the right to deny any pause or resume request at our sole discretion, such as in cases where a pause or resume request would significantly disrupt our operations or would result in a violation of these Terms.
In the event that Meridian's operations are disrupted due to illness or vacation, the Client’s subscription may be paused. Meridian will make every effort to provide advance notice of such disruptions and will resume subscriptions as soon as possible upon return.
Clients may cancel their subscription at any time, and no further charges will be incurred after the cancellation date. No refunds will be provided for any subscription fees already paid.
4. Intellectual Property and Ownership
Client owns all work product. As part of this Service, Meridian is creating “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that Meridian works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this Service. Meridian gives the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as it sees fit.
Once Meridian gives the work product to the Client, Meridian no longer has any rights to it, except those that the Client explicitly gives Meridian here. The Client gives permission to use the work product as part of portfolios and websites, in galleries, and in other media, so long as it is to showcase the work and not for any other purpose. The Client does not give permission to sell or otherwise use the work product to make money or for any other commercial use (7 Showcasing Work). The Client is not allowed to take back this license, even after the Service ends.
During the course of this Service, Meridian might use intellectual property that Meridian owns or has licensed from a third party, but that does not qualify as “work product.” This is called “background IP.” Possible examples of background IP are pre-existing code, type fonts, properly-licensed stock photos, and web application tools. Meridian is not giving the Client this background IP. But, as part of the Service, Meridian is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client’s products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the background IP. The Client cannot sell or license the background IP separately from its products or services. Meridian cannot take back this grant, and this grant does not end when the Service is over.
Meridian may need to use the Client’s intellectual property to do its job. For example, if the Client is hiring Meridian to build a website, Meridian may have to use the Client’s logo. The Client agrees to let Meridian use the Client’s intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the job. Beyond that, the Client is not giving Meridian any intellectual property rights, unless specifically stated otherwise in these Terms.
Meridian owns all rights, titles, and interest in any feedback, suggestions, or ideas that you provide to us regarding the Service ("Feedback"). You hereby assign to us all rights, titles, and interest in and to the Feedback, and agree to execute any documents necessary to effectuate such assignment. We may use the Feedback for any purpose, including without limitation to improve the Service, develop new products or services, and market the Service.
5. Liability and Disclaimers
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Service or our use of any Feedback. The Service is provided "as is" and without warranty of any kind, express or implied. We do not warrant that the Service will meet your requirements or that it will be uninterrupted or error-free.
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising out of your use of the Service or your provision of Feedback.
6. Termination
We reserve the right to terminate or suspend your account at any time, with or without cause. If we terminate your account, you will lose access to the Service and any content that you have submitted.
7. Showcasing Work
We take pride in our work and may wish to showcase our services through online and offline marketing materials. Unless the client specifically asks us to sign a Non-Disclosure Agreement (NDA) preventing us from doing so, we reserve the right to display any work done for the client, including but not limited to design concepts, final designs, and completed projects, on our website, social media, and in our portfolio.
If the client does request an NDA, we will make every effort to comply with the terms of the agreement. However, we reserve the right to terminate the agreement and any work with the client if we determine that the NDA is too restrictive or could negatively impact our business. In such cases, we will provide a pro-rata refund for any work not yet completed.
8. Refunds
Meridian does not offer refunds except in exceptional circumstances, as determined by us in our sole discretion. Any refunds granted will be pro-rata based on the amount of work not yet completed at the time of the refund request.
Please note that pausing or canceling a subscription does not automatically result in a refund, and refunds will only be granted in exceptional circumstances.
9. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of South Carolina, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms will be resolved exclusively through arbitration in accordance with the rules of the American Arbitration Association.
10. Amendments
We may modify these Terms at any time by posting the updated Terms on our website. Your continued use of the Service after the posting of updated Terms constitutes your acceptance of the updated Terms.
11. Miscellaneous Provisions
These Terms constitute the entire agreement between you and us with respect to the Service. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of that provision.