Terms & Conditions
Please read these terms and conditions of use (“Terms”) carefully before using Neuronfx. By accessing, browsing and/or using this Service, you (the end user of the Service referred to herein below as “User” or “you”) acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, consents and disclosures set forth in these Terms and the applicable guidelines set forth on the websites for any mobile apps you download. If you do not agree to the Terms and the applicable guidelines, then you are obliged to cease using the Service immediately. If you are entering into these Terms on behalf of a legal entity, you acknowledge and declare that you have the legal authority to bind that legal entity.
These Terms contained herein on this webpage, shall govern your use of Neuronfx, including all pages within this website and the Neuronfx Templates & Products (collectively referred to herein below as the “Service” or “Neuronfx Service”). These Terms apply in full force and effect to your use of Neuronfx Service and by using the Service, you expressly fully accept all the Terms contained herein in full. You must not use the Neuronfx Templates & Products or any of the Service, if you have any objection to any of these Terms. By using this Service, you agree that you are of at least 18 years of age, or using this Service under a parent or guardian’s supervision, and are legally capable of entering into a contract.
Stephan Zammit, with an official address of Il-Gardina, Trejqet in-Nigret, Zurrieq (hereinafter referred to as “Neuronfx”) operates a website currently available on the web, which offers graphic design, motion design services, templates and content. We currently operate from Il-Gardina, Trejqet in-Nigret, Zurrieq, Malta, Europe.
2. PROPRIETARY RIGHTS
All Intellectual Property Rights related to the Service (including any documentation and all parts and copies thereof) including but not limited to hardware, equipment, logo, software, copyrights and related rights (including database and catalogue rights and photography rights), design, trademarks, patents, models, text, software, technical drawings, configurations, graphics, templates, design elements, animations, trade secrets and know-how, other files, and their selection and arrangements (whether registered or unregistered) (the “Intellectual Property Rights”) belong to Neuronfx, and/or its suppliers, affiliates, or licensors. Neuronfx or its licensors own and reserve all right, title and interest in and to the Service and all Intellectual Property Rights, other than the rights Neuronfx expressly grant to you by way of a limited non-transferable and non-sublicensable right, to use the Service.
No title to or ownership of any Intellectual Property Rights related to the Service is transferred to you pursuant to these Terms. If you provide comments, suggestions and recommendations to Neuronfx about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to Neuronfx.
Design and Stock Media License
The limited rights granted to You in furtherance to the Service are that of an ongoing, non-exclusive, worldwide license to utilize the templates and designs within the Neuronfx Templates & Products specifically and solely when utilizing the Service. Any designs, modifications or final products arising out of the use of the Service shall remain the property of Neuronfx or its suppliers, affiliates or licensors. Provided that the final product arising out of the Service may be sub-licensed and distributed freely by You.
You can export a design as video, gif or image and upload to social media for yourself or others
You can use exported videos, gifs or images for commercial (provided that you have purchased a commercial license) and non-commercial purposes within the limitations of the Don’ts below.
You cannot re-distribute the exported product (or image, gif or video) as a stock image/video or as it’s source files/assets, regardless of any modification.
You cannot re-distribute or sell the exported products (or image, gif or video), source files or assets on any marketplaces whatsoever or to create a similar service to Neuronfx.
You cannot claim ownership of a product (or image, gif or video) or template, even if modified, for example using content identification systems.
You cannot use a product (or image, gif or video) for unlawful purposes or in connection with material which is offensive, obscene, pornographic, defamatory, demeaning or discriminatory.
For some products, a component of the product shall be sourced by a third party (such as Unsplash) and different license terms may apply to the component, such as a supplier’s or licensor’s license or an open source or creative commons license. In this case, the third party's license shall apply to that component. By utilizing the Neuronfx Templates & Products, and any designs and photos therein, whether known to be from third parties (such as Unsplash) or not, You hereby agree to be governed by third party terms and licenses where applicable and Neuronfx is not responsible for Your use of such third party designs or photos.
You are expressly and emphatically forbidden from all of the following:
selling, sublicensing and/or otherwise commercializing any Neuronfx Service material;
using Neuronfx Service in any way that is, or may be, damaging to Neuronfx;
using Neuronfx Service in any way that impacts user access to Neuronfx Service;
using Neuronfx Service contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to Neuronfx, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to Neuronfx Service, or while using Neuronfx Service;
reverse engineer, decompile, decipher, translate, disassemble, or otherwise attempt to access source code of any [Android App, Apk file, IOS App, server, databases, infrastructure belonging to Neuronfx ] (“Neuronfx Technology”);
provide use of the Neuronfx Technology on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the Neuronfx Technology or "frame" or "mirror" the Neuronfx Technology on any other server, or wireless or Internet-based device;
use any Neuronfx Technology (including to create any application) in any way that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of Neuronfx or any third party;
Avoiding payment of charges or fees payable by you with respect to the Service;
Committing any act that may be harmful to minors;
Violating any applicable law or regulation; and
Collecting or storing any personal identifiable information from the Service of other users of the Service without their express prior consent.
4. THIRD PARTY BENEFICIARIES
These Terms are concluded between Neuronfx and the User. Nonetheless, any third party entities with which Neuronfx has a contractual relationship in furtherance to the provision of the Service are deemed as third party beneficiaries of these Terms in the sense that they will have the right to enforce their own terms of service, where applicable, against the User as the end user of the Service.
The User must agree and abide by all applicable third party terms of service and terms and conditions when using the Service.
5. THIRD PARTY SITES, LINKS & ADS
The Service may present advertisements for or links to third party websites, products, and/or services, or, in general, content or information that might be inaccurate, incomplete, misleading, illegal, immoral or otherwise harmful ("Third Party Ads"). Neuronfx is not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Neither Neuronfx, nor any of its officers, directors, developers, consultants, employees and affiliates will be liable for any errors in content or omissions, or any such content, in general, in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads.
6. TERMS AND CONDITIONS FOR PAYMENTS AND SUBSCRIPTIONS
Certain Neuronfx Service features require you to have a premium membership.
In order to access certain functionalities of the Service, you may be required to pay premium membership fees which will grant you a subscription to the Service (the “Subscription”). Neuronfx reserves the right to unilaterally increase premium membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
Payment obligations are non-cancellable and fees paid are non-refundable. Neuronfx reserves the right to suspend our Service to you until and amounts due are paid in full.
When your Subscription period or your trial expires, your credit card will be charged automatically with the standard Subscription membership fees which were valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time as originally subscribed for, unless you cancel your Subscription at least 24 hours prior to the expiration of your current Subscription. The standard Subscription fees can be viewed on the Neuronfx Templates & Products. Subscribing to Neuronfx Service shall automatically mean that you agree to the Subscription fees therein.
One Time Payment
If you purchased a one-time license, you will be granted a single license to use that specific product, with no additional premium features. To get access to all Neuronfx Service premium features you need to purchase a Subscription.
1. Refund Discretion:
a. Neuronfx retains the discretion to deny refund requests without prior notice or liability to the Client. Requests for refunds are assessed on an individual, case-by-case basis.
b. Should the Client request a refund, all materials created by Neuronfx remain the exclusive property of Neuronfx, and the Client is strictly prohibited from using these materials in any manner.
2. Refund Assessment:
a. If a refund is determined to be appropriate based on the evaluation of the specific circumstances, a 20% fee will be applied to the purchase price.
3. Legal Action for Breach:
a. Neuronfx reserves the right to pursue appropriate legal actions against the Client in the event of a breach of this refund policy.
7. YOUR ACCOUNT
In order to use certain features of the Service, you may have to register and create an account with Neuronfx. By creating an account, and making use of the Neuronfx Service, you claim and confirm that you are of legal age in accordance to applicable law, that you are legally authorized to enter into agreements according to applicable law, and that you are permitted by applicable law to create an account and make use of the Neuronfx Service.
You acknowledge and agree that you are responsible for maintaining the confidentiality of any account information and credentials including passwords associated with any account you use to access or use the Service, and that you will be solely responsible for all activities that occur under your account. In the event you become aware of any unauthorized use of your password or your account, you shall notify Neuronfx immediately.
Neuronfx reserves the right to suspend or terminate your account at any time and for any reason and shall incur no liability whatsoever for such suspension or termination.
8. NO WARRANTIES
The Service is provided “as is,” and “tale quale” with all qualities as shown and any faults or bugs which may, from time to time, arise and Neuronfx makes no express or implied representations or warranties, of any kind related to Neuronfx Service or the data and materials contained on Neuronfx Service. Additionally, nothing contained on Neuronfx Service shall be construed as providing consult or advice to you.
9. LIMITATION OF LIABILITY
In no event shall Neuronfx, nor any of its officers, directors, developers and employees, be liable to you for anything arising out of or in any way connected with your use of Neuronfx Service, whether such liability is under contract, tort, delict, or otherwise, and Neuronfx, including its officers, directors, developers, consultants and employees shall not be liable for any liability whatsoever, whether direct, indirect, consequential or special, including loss of income, moral or otherwise, arising out of or in any way related to your use of Neuronfx Service. Should any mishap or damage occur to you during your use of the Service provided, you are hereby waiving all your legal rights and remedies that may be used against Neuronfx, or any of its officers, directors, developers and employees, and you hereby declare that you are solely responsible, and hold Neuronfx harmless and indemnified, for any mishap, damage or loss which occurred or might have occurred to you during your use of Neuronfx Service.
You agree to indemnify, defend, and hold harmless Neuronfx, its affiliates, officers, directors, employees, developers, agents, licensors and suppliers (the “Neuronfx Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your user content, your use of content, your use of the Service, your conduct in connection with the Service or with other Service users, or any violation of these Terms, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Neuronfx Parties from any and all claims or causes of action you may have for damages or losses relating in any way to your use of the Service.
11. MODIFICATION AND TERMINATION
Modification of Services
Neuronfx reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that Neuronfx shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
You are responsible for obtaining and maintaining any devices required or connections needed for the Service to be availed of and maintained.
In case You require any support or assistance, You may lodge a complaint with us on firstname.lastname@example.org and we will do our best to assist You.
You agree that Neuronfx may, in its sole discretion, and for any reason, and without prior notice, immediately terminate your account and/or access to the Service. Reason for such termination may include (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Service, (h) if we learn that the user is under legal age Termination of your account may include (a) removal of access to all offerings within the Service, (b) deletion of your information, files and content associated with your account, and (c) barring of further use of the Service. You agree that all causes for termination shall be made in Neuronfx's sole discretion and that Neuronfx shall not be liable to you or any third party for any termination of your account or access to the Service. The relevant post-termination provisions of the Terms shall still be binding upon you following the termination of your account.
You may opt to unsubscribe from your account with Neuronfx and stop making use of Neuronfx Service should you wish to terminate the Service. The relevant post-termination provisions of the Terms shall still be binding upon you following the termination of your account.
12. VARIATION OF TERMS
Neuronfx is permitted to revise these Terms at any time as it sees fit, without notice to you, and by using the Service you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of Neuronfx Service. Should you for any reason whatsoever fail to agree with any of the revised Terms, you may opt to unsubscribe from your account with Neuronfx and stop making use of Neuronfx Service. However, your continued account, or Subscription, and your use of the Service shall be construed as an express, clear and unequivocal acceptance of such revised Terms.
The failure of Neuronfx to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Neuronfx shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms to any other party.
16. GOVERNING LAW & JURISDICTION
These Terms are governed by, and construed in accordance with the laws of Malta and therefore, the applicable law for any dispute arising out of or relative to these Terms shall be that of the Republic of Malta. Neuronfx and you agree that any dispute or claim arising out of or in connection with these Terms or its subject-matter, shall be subject to the exclusive jurisdiction of the Malta Arbitration Centre in accordance with the Arbitration Act (Cap. 387 of the Laws of Malta) and the arbitration rules of the Malta Arbitration Centre in force at the time of the dispute. Residual jurisdiction shall be that of the Courts of Malta. Neuronfx shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Service in the Courts of law of the country in which you reside.