Actualizado el 1 de Noviembre de 2023.​

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These General Terms and Conditions set forth a legally binding and enforceable agreement (the “Terms”) between you and Osmo Digital LLC, a US limited liability company (“Osmo Digital”, "agency", “us”, and “we”) governing your access and/or use, whether as a visitor or otherwise, of the Osmo Digital website (https://osmodigital.com and the correlate local domains) collectively, the “Site” and/or the services, features and/or functionality available or provided on or through the Site and/or Partner Integrations (the “Services”).

By accessing and/or using the Site or the Services, you are accepting and agreeing, on behalf of yourself or on behalf of your company (or the entity to which you are providing services), if applicable, to be bound by and comply with these Terms, and you represent and warrant that you are at least 18 years old and have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of this Agreement, you cannot use the Site and Services.

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1. Service

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Osmo Digital offers a comprehensive platform to provide you with detailed insights into our agency's services. This includes a full description of our capabilities, showcased through portfolios, case studies, and client testimonials. We aim to offer a transparent and informative experience to help you make informed decisions about partnering with us. Our platform includes various contact options such as contact forms, direct contact information, and buttons for messaging. 

For information about how we handle your data and ensure privacy, please refer to our Privacy Policy. The Privacy Policy provides details on data protection practices, the collection and use of personal information, and your rights regarding your data.

1.2 SparkUp Lab.
SparkUp Lab is a specialized service provided by Osmo Digital, offering affordable solutions tailored for startups, small businesses, and projects. Leveraging a combination of digital tools, including commercial and licensable vector stocks, artificial intelligence, and cutting-edge technologies, along with the creativity of our professional graphic designers, we deliver unique and customized services that are fast, affordable, and professional.

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1.2.1 Start Form Briefing
To kickstart the SparkUp Lab service, clients are required to complete a Start Form (Service) providing essential information about their brand. This form must be filled out before proceeding with the checkout and payment. In the event that the Start Form is not submitted, we will send it via email within hours of completing the payment. Clients will receive three reminders to submit the Start Form: shortly after payment, 7 days post-payment, and 15 days post-payment. If, after the last reminder, the Start Form is not received within 24 hours, the service will be canceled without the possibility of further requests or refunds.

1.2.2  Turn-Around Times:
Turnaround times for all services are approximated and detailed in the SparkUp service description. These times are contingent on client responsiveness, project complexity, and other human factors. The specified turn-around times operate within working hours (9:00 to 18:00 hrs Central Standard Time). Requests received after working hours will commence counting from the beginning of the next day. Variations may occur due to U.S. and Latin American holidays.

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1.2.3 Spark Quiz Service:
Clients can utilize the Spark Quiz Service for free to identify their current brand needs. Drawing from years of data and insights, the Spark Quiz is regularly updated to provide accurate and valuable information to clients.

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1.2.4 Limitations and Restrictions:
For clarity, clients have no right or license to use or transfer any design, concept, or final product, except as specified in the applicable Design Transfer Agreement post-completion. Clients may not:

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• Use the concept or proposal logo for a different service with another agency or designer.

• Claim ownership of the logo proposal or concept without completing the service.

• Commercialize the logo design to external parties.

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Clients are limited to running a maximum of two consecutive SparkUp services without completing the service and applying for a refund guarantee. Any attempt to initiate a third SparkUp service within a 6-month period without completing the previous two services will result in automatic denial, a refund of the payment, and a 5% management fee on the total of the third service.

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1.2.5 SparkUp Lab Service Guarantee

Osmo Digital LLC offers a 100% money-back guarantee for all SparkUp Lab services, except those in the second round, services with special discounts, logo services in the final or selected stage, and services with special processes such as deferred payments, special projects, and others that the agency and clients agreed previous to the service acquisition.

GUARANTEE APPLICATION PROCESS:
After receiving the initial logo or logo options (referred to as the "First Round"), you'll have a selection period to confirm the logo, request second rounds, or apply for the guarantee. If no actions are taken during this selection period, we will proceed to the next stage according to the acquired service, and the guarantee will be forfeited.

To apply for the guarantee, simply click the 'Request Guarantee' button in the email we send you. If you opt for a refund, we'll provide a straightforward refund form. Our team will then contact you to confirm your decision and offer a complimentary brand consultancy session to help clarify your ideas.

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The refund guarantee is not applicable if the user/client opts for any alternative options when applying to the guarantee. These alternatives may encompass special discount coupons for Osmo Digital services, supplementary add-ons to the contracted services, or other additional offerings presented by the agency as part of a customer retention strategy. The selected offers can be utilized by the same customer or any other individual making use of and claiming the promotion, with a validity period of 1 year for discount coupons.

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GUARANTEE REFUND PROCESS:
Upon confirming your decision for a refund, we will process it within 30 natural days. The refund will be issued to the same bank account or payment method used for the service, with no hidden conditions or fees from the Agency. Transfer, platform gateway, payment processor, or bank fees may occur according to the payment method selected or updates with the third parties used in the process, Osmo Digital, does not collect any money or fee related to the money refund guarantee except the fees originally charged by any third-party payment processor, such as PayPal, Stripe, or similar. 

 

• PayPal and Pay Later transaction fees are from 2.9% + 30¢ per transaction.​

• Stripe transaction fees are from 2.9% + 30¢ per transaction.

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Important Considerations:

• The guarantee does not cover specific cases outlined in the description.

• Until the final logo is delivered, in the event of non-continuation, legal ownership of designs remains with SparkUp Lab.

• Failure to take action during the selection period may result in the loss of the guarantee. If you have any questions, our customer support team is here to assist.

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1.2.8 Selection Forms

The Selection Forms guide the direction of the SparkUp Lab logo design projects through the different stages: First Round, Second Round, Final Stage, and/or Guarantee Process. It is imperative that you carefully review and understand the terms outlined herein to ensure a smooth and successful collaboration. By using our services, you acknowledge and agree to the terms presented in this chapter. 

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FIRST SELECTION FORM

The Initial Selection Form ("Form") will be sent to the email provided during the Start Form Briefing within the specified turnaround time based on the selected service tier. The user is responsible for checking the turnaround time section of these terms for confirmation.

 

The user may select one of the following options on the Initial Selection Form: Select a Logo, Request a Second Round, or Apply for Guarantee. The Form will be sent to the email provided during the Start Form Briefing. The user acknowledges that we are not responsible if someone other than the designated client or user responds to the Form.

 

The user has 7 days to respond for the Spark service, 15 days for Lite and Pro services, and 30 days for the Elite service. In the event of the user's failure to respond within the specified time frame, we reserve the right to proceed to the final stage using a logo that aligns with the brand identity. The user waives any claims or disputes arising from this decision.

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If the user applies for the Guarantee option and meets the specified criteria, the terms outlined in the Guarantee Policy will apply.

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SECOND-ROUND SELECTION FORM

Upon the user's selection of "Request a Second Round" on the Initial Selection Form, a Second Round Selection Form will be sent to the email provided during the Start Form Briefing within the specified turnaround time according to the service tier. The Second Round Selection Form will present the user with logo proposals or concepts from the first round and options generated in the second round. The user must select one proposal to proceed to the final stage.

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Important Considerations:

The user is responsible for ensuring the accuracy of the email address provided during the Start Form Briefing. We are not liable for any issues arising from incorrect email addresses, emails being marked as spam, or any other technical issues related to email delivery. The user acknowledges that we are not responsible if a third party, other than the designated user/client, responds to the Form.

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The user acknowledges and agrees that failure to adhere to the response timeframes outlined in this chapter may result in the finalization of the logo selection process without further recourse. Any disputes arising from the user's failure to respond within the specified timeframes or issues related to the Selection Forms will be resolved in accordance with the dispute resolution provisions outlined in the general Terms & Conditions.

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1.2.7 Second Rounds 
Upon receiving the initial logo design proposal or concepts, clients have the option to either confirm a design or opt for a "second round" to refine and explore further options. Choosing a second round entails the creation of an additional set of custom logo proposals or concepts, mirroring the quantity from the first round, based on the service acquired (Spark Service: 3 logo concepts, Lite Service: 5 logo concepts, Pro Service: 5 logos concepts, Elite Service: 3 logos proposals). This process occurs within the same time frame as the initially acquired service.

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SECOND ROUND APPLICATION PROCESS: 
To apply for a second round, clients need to click the "second round" option on the first round form, clients can provide specific feedback and indicate whether they want completely new designs or adjustments to their preferred design logo concept or proposal. Once the request is confirmed, we initiate the process for the second round.

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Your input is crucial in shaping the outcome of your logo design. To ensure effective communication, please ensure that your Quiz and Briefing are clear, realistic, and objective. This will lay the groundwork for the success of your logo. If further adjustments or a more extensive design process are needed, consider exploring our Studio logo design service.

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1.2.8 Deliverables
Upon the completion of your SparkUp Lab service, you will receive a comprehensive package of deliverables tailored to the specific service you acquired. These deliverables are designed to equip you with everything you need to seamlessly integrate your new logo into your brand identity.

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• Fully Customized Logo Design: A unique and professionally crafted logo that aligns with your brand's identity and objectives.

• Complementary Design Materials: Additional design materials complementing the logo, as specified in the service description.

• File Formats: You will receive the original editable vector files in AI (Adobe Illustrator) and EPS formats, ensuring versatility and compatibility for various applications. Digital files in PNG and JPG formats will also be provided, catering to different digital and print requirements.

• Ownership Documentation: Alongside the design files, you will receive a Certificate of Ownership or a Transfer Design Agreement. This document grants you complete usage rights for your new logo, marking the legal transfer of ownership.

• Delivery Process: All deliverables will be sent to the email address you provided at the time of your purchase. Please allow 1 to 7 days for the delivery of the SparkUp Lab service according to the turnaround time described in the service. Ensure to take note of our operating hours and days to accurately predict the delivery date of your logo. 

 

Intellectual Property Notice:
Upon delivery of the finalized logo, Osmo Digital acknowledges that the agency does not claim any ownership rights over the logo design. It is important to note, however, that this does not confer trademark status to your logo. To secure exclusive rights and legal protection for your brand identity, it is recommended that you take the necessary steps to register your logo as a trademark with the relevant authorities.

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Trademarks provide a higher level of legal protection and exclusivity, guarding against unauthorized use or infringement by others. While Osmo Digital ensures the transfer of ownership through the provided Certificate of Ownership or Design Transfer Agreement, the responsibility to secure trademark status lies with the client.

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To safeguard your brand and ensure comprehensive legal protection, consider consulting with legal professionals or relevant authorities to initiate the trademark registration process for your logo. Osmo Digital is here to assist and guide you through this essential aspect of brand protection. If you have any questions or require further information, please feel free to reach out to our customer support team.

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Promotional Usage Request:
We kindly request your permission to use your logo for promotional purposes, showcasing our work in our portfolio, marketing materials, and online platforms. This allows us to highlight the successful collaboration and the creative outcomes achieved. If you prefer not to grant permission for the promotional use of your logo, please feel free to communicate your decision directly to us via email. We respect your preferences and will ensure that your logo is used in a manner aligned with your comfort and expectations.

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Cloud Storage Hosting:
For your convenience, we will host your deliverable files on our cloud storage for a period of 3 months after completion. During this time, you can easily access and download your files. However, we strongly recommend that you download and store your files in your personal storage to ensure continued access beyond the hosting period.

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1.3. Specialized Marketing Services
At Osmo Digital, we offer a diverse range of specialized services tailored to meet the unique needs of our clients. Each service is meticulously crafted, ensuring a bespoke and personalized approach to every project. Discover the breadth of our offerings:

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1.3.1 Digital Marketing Consultancy and Agency:
Our digital marketing services provide strategic guidance and comprehensive solutions to enhance your online presence. From marketing strategy, brand analysis, and plan execution, to insights reports and more.

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1.3.2 Branding Studio Design:
We create a fully dedicated project for your brand that includes naming, logo design, brand identity and guidelines, animations, stationery, and more.

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1.3.3 Graphic Design:
Our graphic design services extend beyond logos, encompassing a wide array of visual elements. From print materials to digital assets, we bring creativity and precision to every design project.

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1.3.4 Social Media Ads and Management:
We craft compelling campaigns, manage your social presence, and optimize your reach across platforms.

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1.3.5 Social Media Content:
We create visually stunning and impactful materials to enhance your social media strategy.

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1.3.6 Web Development:
We design and develop websites that are not just visually appealing but also user-friendly and aligned with your brand goals.

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1.3.7 SEO & SEM:
We implement strategies to enhance your search engine ranking and ensure your brand stands out in the digital landscape.

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1.3.8 Content Production:
We create engaging and shareable video and photography content that resonates with your target audience. 

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1.3.9 Social Listening:
Our social listening services allow you to gain valuable insights into online conversations, helping you shape your brand strategy based on real-time feedback.

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All our services are bespoke and tailored to your specific needs. To explore how our expertise can benefit your project, consider scheduling a discovery session. During this session, we can delve into your goals, challenges, and aspirations to craft a personalized strategy that aligns with your vision.

 

2. General Payment Terms

We prioritize your security and convenience, which is why we have partnered with one of the world's most trusted and widely used payment processing platforms. Feel confident in your purchase, as we accept credit and debit cards through Stripe and PayPal payments. Currency conversions are seamlessly provided by the payment processor.

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2.1 Accepted Payment Methods:

(a) Credit and Debit Cards: Securely processed through Stripe.
(b) PayPal Payments: Offering an additional layer of flexibility and convenience.

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For larger projects exceeding USD $1000, we provide direct payment options such as bank transfers and wire transfers. If you require more details regarding these payment methods, please feel free to reach out to us. We are committed to accommodating your preferences.

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3. Tax Jurisdiction and Responsibility:

Osmo Digital operates under the tax jurisdiction of Delaware, United States. As such, Osmo Digital is not responsible for collecting, reporting, paying, or remitting to you any taxes aside from the local taxes we are subject to. The term "Taxes" encompasses any applicable duties, sales taxes, GST, VAT, or other taxes that may be levied in respect of a transaction contemplated by these Terms.

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Your trust in Osmo Digital is valued, and we aim to provide transparency and clarity in all aspects of our services. If you have any inquiries or require further assistance regarding payment terms or taxation, please don't hesitate to contact our customer support team. 

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4. DISCLAIMER AND RESPONSIBILITY RELEASE

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By engaging in services provided by Osmo Digital, including but not limited to SparkUp Lab, you acknowledge and agree to the following disclaimer and responsibility release:

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4.1 Design Process:

Osmo Digital employs a creative and iterative design process to meet your branding needs. While we strive for excellence, individual preferences may vary, and the outcome may not align with personal expectations.
The client acknowledges that design is subjective, and Osmo Digital will make reasonable efforts to accommodate feedback during the specified stages of service.

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4.2 Client Input:
The client is responsible for providing accurate and clear information during the questionnaire, briefing, and feedback stages to ensure the success of the design process.

Failure to provide essential information may impact the quality and accuracy of the final design.

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4.3 Intellectual Property:
Osmo Digital retains ownership of all design concepts, proposals, and materials until the final stage of service completion. Ownership is transferred upon the issuance of an Ownership Certificate or Design Transfer Agreement.

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4.4 Promotional Usage:
The client grants permission for Osmo Digital to use the final design for promotional purposes, including portfolio showcases, marketing materials, and online platforms, unless explicitly communicated otherwise.

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4.5 Client Responsibilities:
The client is responsible for promptly reviewing and providing feedback during the specified stages of service.
The client is encouraged to download and store their design files during the hosting period to ensure continued access.

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4.6 Limitation of Liability:
Osmo Digital is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use our services.
 

In no event shall Osmo Digital's total liability exceed the total amount paid for the specific service.
Indemnification:

 

The client agrees to indemnify and hold Osmo Digital harmless from any claims, losses, or damages arising from the client's use of the design or services.

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4.7 Force Majeure:
Osmo Digital is not responsible for delays or failures in performance caused by circumstances beyond our control, including but not limited to natural disasters, acts of terrorism, or technical malfunctions.

By proceeding with the services provided by Osmo Digital, you acknowledge that you have read, understood, and agreed to the terms outlined in this disclaimer and responsibility release. If you have any questions or concerns, please contact our customer support team for clarification. 

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4.8 Use of Brand Logo After Service Completion:
Following the completion of the service, the client is solely responsible for the usage and application of the brand logo. Osmo Digital is not liable for any consequences or legal matters arising from the client's use of the logo, and it is recommended to adhere to ethical and legal standards in branding applications.

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4.9 Third-Party Services:
Osmo Digital employs third-party services to enhance and streamline the client experience. These services include, but are not limited to:

(a) Typeform: Utilized for the StartForm to gather essential information about the client's brand.
(b) Quizell: Employed for the SparkQuiz, utilizing accumulated data to provide accurate brand insights.
(c) PayPal and Stripe: Trusted payment processing platforms for secure and efficient transactions.
(d) Google: Utilized for cloud storage and the delivery of email communications.
(e) Wix: Employed for website management and hosting.

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If you have any specific requests or inquiries before, during, or after the service completion or concerns about the third-party services we utilize, please do not hesitate to reach out to our customer support team. We are here to address your questions and provide clarification on any aspect of our services.

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5. Governing Law

These Terms shall be governed by and construed solely and exclusively in accordance with the laws of the State of Delaware, USA, without giving effect to any law that would result in the application of the law of another jurisdiction.

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5.1 United States

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If you are located in the United States, the following applies to you. Please read this carefully. It affects your rights.

(i) Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and Osmo Digital arising under or related in any way to this Agreement must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any Osmo Digital Site and Service. (ii) You agree that by entering into this agreement, you and Osmo Digital are each waiving the right to trial by jury or to participate in a class action. You and Osmo Digital agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. (iii) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you, and Osmo Digital must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Delaware. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Delaware.

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5.2 Mexico and Elsewhere
If you are located in Mexico or elsewhere in the world, the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Jalisco, Mexico, and their Courts of Appeal.

6. Entire Agreement

These Terms constitute the entire agreement between you and Osmo Digital regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship with Osmo Digital is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Osmo Digital’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. These Terms shall be binding upon assignees.

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Thank you for choosing Osmo Digital for your marketing and design projects.