Last updated: September 2023

This website is operated by BRANDSBYSAM.COM and its creator Sam Perera. Throughout the site, the terms “we”, “us” and “our” refer to BRANDSBYSAM and it’s creator Sam Perera. BRANDSBYSAM offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Changes of the Terms

You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Modifications to the Service and Prices

Prices for our products and services are subject to change without notice. Prices include VAT. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Copyright and Intellectual Property

All designs are protected by copyright laws. You may not use any of the designs without obtaining a license from us.
A license can be obtained by paying the platform/service fee and/or purchasing the design files. We make backups of all generated designs and regularly check whether they appear anywhere on the internet.

We retain the copyright and all associated rights to the original design drafts. You can use the purchased design for any commercial or non-commercial purpose. You have the full ownership of the purchased design as a whole, not to the individual elements like the used fonts or icons. The purchased license does not allow you to sell, assign, or transfer rights to the original design.

The user acknowledges that no trademark, copyright, or service marks are being conveyed under this license agreement. Furthermore, the user acknowledges that we have no obligation or duty to perform trademark, copyright or service marks searches to validate that the design is not infringing on any trademark, copyright, or service marks. We encourage the user to perform their own independent searches.

Refund

Pre-made Designs – After the design has been purchased and the user has access to the files, they are NOT ELIGIBLE for a refund.

Custom Services – The client can request a 50% refund before working on any revisions or changes done to the provided design drafts. Refunds and NOT ELIGIBLE after the revision phase.

In order to treat everyone equally, no exceptions will be made.

Violation

You may not use any designs or drafts for any purpose until payment has been made. You may not use any designs for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notifying you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Indemnification

The user agrees to indemnify, defend, and hold us harmless from all liabilities, claims, expenses, damages and costs arising out of the use of the purchased design.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.