Terms of Service

Our Terms of Service has been last updated on 12 April 2018. These Terms of Service ("Terms") cover your use of and access to the site, blogposts, design kits, custom packages, implementation packages, and support services (collectively, the "Services") provided by Squaremuse, a brand under registered business name FloAgency Inc. (“Squaremuse”). Our Privacy Policy explains what personal information we collect and how it’s used and shared.

 

Overview

The terms “we,” “us,” and “our” refer to Squaremuse. The term the “Site” refers to www.squaremuse.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

Squaremuse provides design kits for Squarespace site users,  which are digital design products. Users can also hire Squaremuse services to set up the design kit (Full Setup package), to custom design their site (Custom Package 1, Custom Package 2). On the Site Squaremuse also provides a blog which covers design and brand questions, information related to Squarespace platform, as well as featuring Squaremuse clients via individual interviews, site features. 

Use of www.squaremuse.com, including all materials presented herein and all online services provided by Squaremuse, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

 

Use of the Site and Service 

The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that you’re at least 13. Also, if you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf (depending on where you live).

Information provided on the Site and in the Service related to design, site implementation, online businesses and other information are subject to change. Squaremuse makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Squaremuse disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

Using Squaremuse may include downloading digital files to your computer, phone, tablet, or other device. You agree that we may update these files, and these Terms will apply to any updates.

 

 Our Intellectual Property

1. Squaremuse is a brand active under FloAgency, Inc - a company organized and existing under the laws of California, United States. These Terms don't grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services. 

2. We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. 

3. Our Demo Content Is For Private Use Only. We may provide templates or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials (“Demo Content”), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof). 

 

Paid Services And Fees

1.  Fees. Certain portions of the Services are available by submitting a fee payment (such as additional services, “Paid Services”). All Service are a one time payment. We’ll tell you about fees for Paid Services before charging you. If you don't pay for Paid Services in specified times, we reserve the right to refuse providing you the Service. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, unless otherwise indicated.

2. Taxes. All fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You're responsible for all applicable Taxes.

3. Order Confirmations. We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

4. Refunds. Squaremuse delivers non-tangible digital goods. All sales of digital products downloadable upon confirmation of purchase are final, unless a specific agreement was made prior to purchase, if you are absolutely unable to use the design kit you have purchased for a specific and valid reason (e.g. some sort of incompatibility), or if legally required (such as for qualifying users in the EU). Once payment is provided for a Paid Service the fee is non-refundable, unless a specific agreement was made prior to purchase or if legally required (such as for qualifying users in the EU). 

5. Fee Changes. We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. 

6. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may terminate provided Paid Service and refuse to support questions related to our digital products. If you have questions about a payment made to us, we encourage you to contact us via email before filing a Chargeback. We reserve our right to dispute any Chargeback.

7. Our Payment Processor. We use a third party payment processor (the “Payment Processor”) to bill you. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s Terms of Service and Privacy Policy. We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

8. Refusal of Service. The Services are subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

 

Lawful Purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUAREMUSE 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, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL SQUAREMUSE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, Squaremuse’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Squaremuse isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.

 

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. 

We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use Squaremuse after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Squaremuse.

 

Entire agreement/severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Squaremuse shall constitute the entire agreement between you and Squaremuse concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.