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Terms & Conditions

Last Updated: November 28, 2023

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding
agreement by and between Coastart SARL AU, a limited liability company organized
under the laws of Morocco ("Coastart Studio") and the client, whether personally
or on behalf of an entity (“Client”), with regard to access and use of Coastart
Studio’s website: https://coastart.studio (the “Website”) and any other media
form, channel, mobile website or mobile application related, linked or otherwise
connected thereto. Failure to agree and adhere to all of the terms, conditions
and obligations contained herein results in the express prohibition of the
Client’s use of the Website, and the Client is ordered to discontinue use
immediately. Thereafter the relationship between Client and Coastart Studio
shall cease and be of no further force and effect between the parties, except
that any obligation of Client to pay Coastart Studio for services rendered shall
remain and continue to be an ongoing obligation owed by Client to Coastart
Studio.

Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Coastart Studio and
all source code, databases, functionality, software, website designs, audio,
video, text, photographs and graphics of any nature and regardless of format
(herein, collectively or individually, the “Content”) and the trademarks,
service marks, and logos contained there (the “Marks”) are owned and controlled
by Coastart Studio and are protected by copyright and trademark laws and any
other applicable intellectual property law or regulation of Morocco, foreign
jurisdictions and international conventions. The Content and Marks are provided
“As-Is” for your information and personal use only. Except as expressly provided
herein, no part of the Website and no Content may be copied, reproduced,
aggregated, republished, uploaded, posted, displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without Coastart Studio’s express prior written
permission. Coastart Studio reserves all rights in the Website, Content and
Marks.

Ownership of Materials

Notwithstanding Coastart Studio’s ownership of Submissions, as described in
Paragraph 4 (“Client Feedback”), all design and original source files created on
Client’s behalf (“Projects”) belong to Client, and Client shall be the sole
owner of the copyright for all Projects. In the event that any operation of law
would cause Coastart Studio to become the owner of a Project, in whole or in
part, rather than Client, Coastart Studio irrevocably and perpetually assigns
its entire interest in the Project to Client, without limitation. Client
warrants that any and all materials provided to Coastart Studio as examples or
as material to be incorporated into a project during the design process are
owned by Client and do not infringe on or misappropriate any third party’s
rights, including, but not limited to, all intellectual property rights and any
right of publicity. Coastart Studio always reserves the right to share the
Client's design work publicly (social media, website, etc.) unless agreed upon
as stated in section 18 of this document.

Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Coastart
Studio and require a commercial license in order for Client to legally
reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”),
Coastart Studio will inform Client in writing that one or more Third-Party Fonts
have been incorporated into the Project and that Client will need to purchase
one or more licenses for the Third-Party Fonts from the rights-holder(s) of said
Third Party Fonts in order to legally reproduce, distribute, or publicly display
the Project. Said notice will include information sufficient for Client to
identify which licenses are required and who to contact in order to purchase
said licenses. So long as Coastart Studio has informed Client of the
incorporation of Third-Party Fonts as described above, Client assumes all
responsibility for any consequences as a result of a failure by Client to
purchase one or more licenses for any Third-Party Fonts incorporated into a
Project.

User Representations

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

Prohibited Activities

Client shall not access or use the Website for any purpose other than that for
which the Website is made available to the Client. The Website may not be used
in connection with any commercial endeavors except those related to the work
performed by Coastart Studio on behalf of the Client. Further, Client agrees to
refrain from the following: Make any unauthorized use of the Website; Retrieve
data or content for the purposes of creating or compiling a database or
directory; Circumvent, disable, or otherwise interfere with security-related
features on the Website; Engage in unauthorized framing or linking of the
Website; Trick, defraud or mislead Coastart Studio or other users; Interfere
with, disrupt or create an undue burden on the Website or Coastart Studio’s
networks or servers; Use the Website in an effort to compete with Coastart
Studio; Decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Website; Bypass any
measures on the Website designed to prevent or restrict access to the Website or
any portion thereof; Harass, annoy, intimidate or threaten any of Coastart
Studio’s employees, independent contractors or agents providing services through
the Website; Delete the copyright or other rights notice from any Content; Copy
or adapt the Website’s software upload or transmit, or attempt to do so,
viruses, Trojan horses, or other material including anything that interferes
with any party’s use of the Website or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operations or maintenance of the
Website; Upload or transmit, or attempt to do so, any material that acts as a
passive or active information collection or transmission mechanism; Disparage,
tarnish or otherwise harm Coastart Studio; Use the Website in a manner
inconsistent with any applicable laws, statutes or regulations.

Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions or
other feedback or submission (each a “Submission”) shall be the sole property of
Coastart Studio and Coastart Studio is under no obligation to keep a Submission
confidential or take steps necessary to ensure the confidentiality of a
Submission. Coastart Studio shall be the sole and exclusive owner of all rights
related to the Submission except to the extent that rights are granted to Client
under Paragraph 2 (“Ownership of Materials”), and shall at its sole and
unrestricted discretion use and disseminate a Submission for any lawful purpose
without permission, acknowledgment or compensation of or to the Client. Client
agrees that it has the right to articulate and put forth the Submission and
Client hereby waives all claims and recourse against Coastart Studio for its use
of the Submission in accordance with the terms hereof and in its sole discretion
hereafter.

Management and Oversight

Coastart Studio reserves the right to monitor the Website for violations of
these Terms of Use and to take appropriate legal action in response to a
violation of the Terms of Use or any applicable law, statute or regulation.
Coastart Studio further reserves the right to restrict or deny access to the
Website or disable the Client’s use of the Website. Such decision shall be in
the sole discretion of Coastart Studio, without notice or liability to Client.

Privacy Policy

By using the Website, Client agrees to be bound and abide by the Privacy Policy
and the terms more particularly set forth therein and adopted and incorporated
herein. The Website is hosted in the EU. Access of the Website from the US,
Asia, or other region of the world may result in the applicability of laws,
statutes, or regulations differing from those of the EU which govern personal
data collection, use, or disclosure. Client’s continued use of the Website and
transfer of data to the EU constitutes express consent of Client to the transfer
and processing of data in the EU. Coastart Studio does not knowingly accept or
solicit information from individuals under the age of 18. In accordance with the
EU’s Children’s Online Privacy Protection Act, upon the receipt of actual
knowledge that an individual under the age of 13 has provided personally
identifiable information to Coastart Studio without parental consent, Coastart
Studio shall delete that information as soon as reasonably practical.

Returns and Refunds

Coastart Studio reserves the right to deny refunds based on its own
self-discretion and without notice or liability to Client. Refund requests are
assessed on a case-by-case basis. Should Client request a refund during the
first month of use, all materials produced by Coastart Studio are ownership of
the company and are prohibited from being used by the Client in any way. If a
refund is deemed to be appropriate, there will be a 50% fee assigned to the
remaining billable period. Coastart Studio reserves the right to take
appropriate legal actions against Client for breach of this paragraph.

Modification

Coastart Studio reserves the right to change, alter, modify, amend, or remove
anything or any content on the Website for any reason at its sole discretion.
Coastart Studio reserves the right to modify or discontinue all or part of the
Website without notice and without liability to Client.

Connection Interruptions

Coastart Studio does not guarantee or warrant the Website will be available and
accessible at all times. Issues with hardware, software, or other items may
result in interruption delays or errors beyond Coastart Studio’s control. Client
agrees that Coastart Studio shall not be liable to Client for any loss, damage,
or inconvenience caused by Client’s inability to access or use the Website
during any interruption in the connection or service.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the
laws of Morocco. The Client and Coastart Studio agree that the courts of Morocco
shall have exclusive jurisdiction over any dispute arising from or relating to
these Terms of Use or the use of the Website.

Severability

If any provision of these Terms of Use is found to be invalid or unenforceable
by a court of competent jurisdiction, the invalidity or unenforceability of such
provision shall not affect the validity or enforceability of the remaining
provisions of these Terms of Use, which shall remain in full force and effect.

Waiver

No waiver of any term or condition of these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or any other term or
condition, and any failure of Coastart Studio to assert a right or provision
under these Terms of Use shall not constitute a waiver of such right or
provision.

Entire Agreement

These Terms of Use and any policies or operating rules posted by Coastart Studio
on the Website constitute the entire agreement and understanding between the
Client and Coastart Studio with respect to the Website and supersede all prior
or contemporaneous agreements and understandings, whether written or oral,
between the Client and Coastart Studio.

Contact Information

If you have any questions about these Terms of Use, please contact us at:

Coastart SARL AU
Address: AV IBN ROCHD, 93150 - MARTIL, MOROCCO
Email: contact@coastart.ma

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