Last updated: 5.10.2022
These Terms of Service (the “Terms”) between WERK (PE EVGENII MALYSHEV; Register Number: 286.1227111; Tax Code: 40087033; Address: Yerevan, Buzand, 97/2) (“we”, “us” or “Werk”) and you govern your access and use of our platform made available through https://www.werk.design (the “Website”) and the subscription or other services we provide (the “Services”). By using this Website and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms.
We may update these Terms from time to time. By continuing to use this Website and the Services after the update, you accept the update in its entirety. All updates are effective upon posting unless otherwise specified in the Terms. We encourage you to check the Terms on the home page of the Website regularly, so you are aware of any updates.
Since our Services are primarily aimed at businesses, you must be at least 18 years of age to access the Services. You represent and warrant that you have the legal authority to enter into these Terms on behalf of a company.
After registering the account within the Website by providing certain information as prompted by the registration form on the Website, you will need to conclude a separate agreement with us clarifying the terms of use of the Services as provided by the selected plan (the “Agreement”). We will contact and instruct you with respect to the signing of the Agreement. Hereinafter references to the Terms assume and include references to the Agreement.
Subject to your compliance with these Terms, Agreement, subscription for an applicable plan and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance.
You may only access and use the Services in accordance with the Terms. You agree to:
(i) provide accurate, current and complete information about you as may be prompted by any form on this Website (“Registration Data”);
(ii) maintain and promptly update the Registration Data, to keep it accurate, current and complete;
(iii) maintain the security of any password and identification information;
(iv) notify us immediately of any unauthorized use of your account;
(v) accept sole responsibility for any and all activities that occur on your account.
You are allowed to add a several sub-users and, in this way, use the Services on several devices, provided that they are all employees of the same company that will purchase the applicable plan.
Along with the information provided by you, we may ask you for additional information, so we can provide the Services properly. Such additional information may include your additional contact information, contact information of sub-users, corporate constituent documents, payment information and etc.
You are responsible for obtaining and maintaining all telecommunications, broadband and computer equipment and services needed to access and use the Services and for paying all charges related thereto.
You may not reveal, share or otherwise allow others to use the login, password or account within the Services. You are responsible for the confidentiality of login and password and for the security of your computer system (any devices used to enter the account, including the devices of sub-users). We are not responsible for the use of the password by you or by any person to whom you may have intentionally or by negligence disclosed the login and/or password in violation of this confidentiality provision. We are also not responsible for the use of the account by a person who fraudulently used login and password without your permission. If you believe that the confidentiality of login and/or password may have been compromised, you shall notify us without any delay. Intentional disclosure of the login, password and other Registration Data to the sub-users shall not be a violation of confidentiality provisions, herewith you shall be fully and solely responsible for any sub-users actions, including Services’s use for illegal purposes.
We have the right to refuse to open the account without giving any explanation (freedom of contract right) and have the right to limit the rights of certain groups of persons in terms of specific rights, including limiting access and/or usage rights with respect to certain parts of the Services.
You understand and agree that we may suspend your access to the Services and exercise any other remedy available, if we believe that your use of the Services:
(a) violates (i) the Terms/Agreement, including if you are delinquent on payment obligations, (ii) any applicable law or regulation, or
(b) is otherwise objectionable or inappropriate, or
(c) constitutes fraudulent activity of any nature, or
(d) disparage or devalue our reputation or goodwill, or
(e) in other cases at our discretion if we believe that it is necessary or advisable in order to protect the account, Services and/or our business interests/activity.
Subject to your continued compliance with these Terms, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Services for your internal business purposes. You may not access or use the Services in order to monitor its availability, performance, or functionality for competitive purposes. You may not, and may not permit any third party to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover source code, object code or underlying structures, ideas or algorithms of the Services, (b) modify, translate or create derivative works based on the Services, (c) use the Services for any purpose other than its own internal purposes; or (d) use the Services other than in accordance with the Terms and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).
In case of breach of any provisions of these Terms, Agreement or other binding agreements between the Parties, we have the right to limit access and/or usage rights with respect to certain parts and functionalities of the Services.
2.1. You may use the Services for any number of projects and scope that you have that you have subscribed for under the applicable plan. Our output volume depends on many factors, namely depending on the applicable plan, total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines, but you acknowledge and understand that all deadlines and requests for Services (“Task”) are subject to our prior approval.
2.2. Each Task submitted to us via account on the Website should consist of (i) a detailed description of the Task and (ii) electronic files, if any, required to complete the Task. You are the owner and/or controller of all of your information, data or materials that you provide to us to use the Services (“Customer Content”). By submitting Customer Content to us, you are representing that you are the owner of such Customer Content and/or have the necessary rights, licenses, and authorization to distribute it. You grant us a worldwide, royalty free, non-exclusive license to access and use Customer Content to provide the Services.
2.3. When a Task is requested, it is assigned a “pending” status. After we receive the Task, you will be contacted by our manager, who will clarify the details of the Task, confirm the deadline for the Task specified by you and/or agree with you on another deadline for the Task, request other information necessary for the provision of the Services. After all material conditions are agreed upon with our manager, the manager assigns the task the status of "in progress”. From the moment this status is assigned, the Task is considered to be accepted by us.
2.4. We will provide the deliverables under the Task within the number of business days as agreed by the parties for each Task. Each revision request will operate under the same process within the agreed term. When a Task is completed, you will be contacted by us to request acceptance. If we determine that either (1) your demand with respect to deliverable under the Task is not reasonable given the original specification and instructions, (2) you are being actively malicious, or (3) you have not provided enough guidance, direction, or instruction resulting in the need for multiple edits, you will be considered to have accepted the Service. If there are no objections within 3 working days, the Task and Services are automatically accepted.