Terms

Updated: 6/19/2024

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Resultris, LLC, a limited liability company organized under the laws of the state of California (“Resultris”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Resultris’s website: https://resultris.com (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 Resultris shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Resultris for services rendered shall remain and continue to be an ongoing obligation owed by Client to Resultris.

1. Service Description

Resultris operates as a marketing agency, software development agency, and digital downloads provider. Our services include but are not limited to, subscription-based content creation, marketing services, custom software development, and the sale of digital downloads.

1.1. Marketing Services: Marketing services offered by Resultris, including but not limited to SEO, social media management, content creation, advertising campaigns, and any other marketing services will be governed under a separate contract. The specific terms, deliverables, timelines, and fees for marketing services will be detailed in the individual agreement signed by the Client and Resultris.

1.2. Software Development Services: Resultris provides custom software development services tailored to the Client’s needs. The specifics of each project, including timelines, deliverables, and costs, will be agreed upon in a separate Statement of Work (SOW) or similar document.

1.3. Digital Downloads: Resultris offers a variety of digital downloads for purchase on the Website. These products are intended to provide information and resources for our clients and are governed by the following terms:

1.3.1. Nature of Digital Downloads: The digital downloads available on the Website include, but are not limited to, e-books, templates, guides, software tools, and other digital content. These products are designed to assist clients in their marketing, software development, and other professional endeavors.

1.3.2. “As Is” Provision: All digital downloads are provided on an “as is” basis. Resultris makes no representations or warranties of any kind, express or implied, as to the operation of the digital downloads, or the information, content, materials, or products included. To the fullest extent permissible by applicable law, Resultris disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

1.3.3. No Refunds: Due to the nature of digital downloads, all sales are final. Resultris does not offer refunds or exchanges for digital download purchases. Clients are encouraged to review the product descriptions and any available previews or samples before making a purchase decision.

1.3.4. Informational Purposes Only: The content provided in digital downloads is intended for informational purposes only. Resultris does not provide legal, financial, or other professional advice through its digital downloads. Clients should seek professional advice before taking any action based on the information provided in these products.

1.3.5. Usage Rights: Upon purchase, clients are granted a non-exclusive, non-transferable license to download and use the digital product for their personal or business use only. Clients may not resell, redistribute, or share the digital downloads with third parties.

1.3.6. Limitations on Liability: Resultris shall not be liable for any damages arising from the use or inability to use the digital downloads, even if Resultris has been advised of the possibility of such damages. This limitation of liability applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive, or consequential damages.

1.3.7. Intellectual Property: All digital downloads are the intellectual property of Resultris or its licensors and are protected by copyright and other intellectual property laws. Clients do not acquire any ownership rights by purchasing or downloading these products.

1.3.8. Modification and Discontinuation: Resultris reserves the right to modify or discontinue any digital download product at any time without notice. This includes updating, enhancing, or removing products from the Website.

By purchasing and downloading any digital product from the Website, clients agree to abide by these terms and conditions. Any violation of these terms may result in the termination of the client’s access to digital downloads without notice and without refund.

2. Termination

2.1. Software Development and Marketing Services: Both Resultris and the Client reserve the right to terminate the agreement for software development and marketing services at any time. If either party wishes to terminate the agreement, they must provide a written notice of termination to the other party before the start of the next billing period. The termination will then take effect at the end of the current billing cycle. The Client will be responsible for all fees and charges incurred through the end of the billing period in which the termination notice was given. Please note that no refunds will be provided for any unused services in the current billing period.

2.2. Digital Downloads: The purchase of digital downloads is a one-time transaction that grants the Client perpetual access to the purchased content, subject to the usage rights and limitations outlined in Section 1.3. As such, the terms related to digital downloads do not terminate. No refunds will be provided for digital downloads, as all sales are final. The Client’s right to use the digital downloads will continue indefinitely unless the Client breaches any of the terms of use, in which case Resultris reserves the right to revoke access without notice and without refund.

3. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Resultris 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 Resultris and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, 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 Resultris’s express prior written permission. Resultris reserves all rights in the Website, Content, and Marks.

4. Ownership of Materials

Notwithstanding Resultris’s ownership of Submissions, as described in Paragraph 9 (“Client Feedback”), all work created on Client’s behalf (“Projects”) belongs 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 Resultris to become the owner of a Project, in whole or in part, rather than Client, Resultris irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Resultris 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.

However, this ownership clause does not extend to digital downloads. All digital downloads purchased from Resultris remain the property of Resultris or its licensors and are protected by copyright and other intellectual property laws. Clients are granted a non-exclusive, non-transferable license to use the digital downloads for their personal or business use only, subject to the terms outlined in Section 1.3. Resultris reserves all rights to digital downloads and any reproduction, redistribution, or sharing without explicit permission is prohibited.

Resultris always reserves the right to share the Client’s design work publicly (social media, website, etc.) unless agreed upon as stated in section 21 of this document.

5. Third-Party Work or Assets

In the event that any Project incorporates any work or assets that are not owned by Resultris and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project, Resultris will inform Client in writing that one or more Third-Party work or assets have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party work or assets from the rights-holder(s) of said Third-Party work or assets 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 Resultris has informed Client of the incorporation of Third-Party work or assets 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 work or assets incorporated into a Project.

6. 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.

7. 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 Resultris 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 Resultris or other users; Interfere with, disrupt, or create an undue burden on the Website or Resultris’s networks or servers; Use the Website in an effort to compete with Resultris; 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 Resultris’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 Resultris; Use the Website in a manner inconsistent with any applicable laws, statutes, or regulations.

8. Content Generation Policy

In providing our services, we commit to upholding the highest ethical and legal standards. Specifically, our AI-assisted content creation does not generate content that:

• Is illegal or promotes illegal activities.
• Includes hate speech, harassment, or is discriminatory.
• Contains sexually explicit material or promotes adult sexual services.
• Violates privacy or reveals personal information about individuals without their consent.
• Misleads, spreads false information, or supports dishonest behavior.
• Involves or promotes violence.
• Is harmful or unsafe, promoting activities that could lead to physical harm.
• Is spammy, meaning it’s excessively repetitive, untargeted, or irrelevant.

As a client of Resultris, you agree not to request content that falls into any of these categories. If we determine that a content request violates these guidelines, we reserve the right to refuse the request and may in certain circumstances, terminate the client agreement. Please note that this policy is in place to ensure a safe, respectful, and legal environment for all of our clients. We appreciate your understanding and cooperation.

9. 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 Resultris and Resultris is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Resultris 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 4 (“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 Resultris for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

10. Management and Oversight

Resultris 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. Resultris 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 Resultris, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Resultris and shall be designed to protect Resultris’s rights and property.

11. 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 United States of America. Access of the Website from the EU, Asia, or other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States which govern personal data collection, use, or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. Resultris does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ 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 Resultris without parental consent, Resultris shall delete that information as soon as reasonably practical.

12. Returns and Refunds

12.1. General Services: Resultris reserves the right to deny refunds based on its own 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 Resultris 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 25% fee assigned to the remaining billable period. Resultris reserves the right to take appropriate legal actions against Client for breach of this paragraph.

12.2. Digital Downloads: All sales of digital downloads are final. Digital downloads are provided “as is” without warranties of any kind. Resultris does not provide refunds for digital downloads. These products are intended for informational purposes only and do not constitute legal advice.

13. Modification

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

14. Connection Interruptions

Resultris 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 Resultris’s control. Client agrees that Resultris 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.

15. Governing Law

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

16. Litigation

Any legal action of whatever nature shall be brought in the state courts of San Diego County, California. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

17. Disclaimer

The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Resultris disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Resultris makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Resultris assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Resultris’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Resultris does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.

18. Limitations of Liability and Indemnification

Resultris and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify and hold harmless, Resultris and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Resultris reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Resultris hereunder. Client agrees to cooperate with the defense of such claims.

19. User Data

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Resultris shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Resultris from any such loss or corruption.

20. Electronic communications, transactions, and signatures

Client hereby consents to receive electronic communications from Resultris and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Resultris or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

21. Showcasing Work

Resultris reserves the right to display client logos on its digital channels including social media, website, etc. unless otherwise agreed upon, for the sole purpose of promoting Resultris business. The Client reserves the right to issue an NDA between themselves and Resultris, which in turn would void the right of Resultris to share or discuss Client’s relationship publicly.

22. Referrals

Referral tracking and payouts are handled through our third-party partner.

23. Miscellaneous

These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Resultris. Failure of Resultris to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between Client and Resultris.

24. Contact Information

For any questions or complaints regarding the Website, please contact Resultris at: info@resultris.com.