Terms of Service
Last updated: 11/27/2023
Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the User’s use of the services (“Services”), and immediate discontinuation of use is required. The relationship between User and Unrivaled shall cease to exist, except for any obligation of User to pay Unrivaled for services rendered which shall continue to be an ongoing obligation.
Creator: Under this plan, Unrivaled shall deliver to the User up to a maximum of six (6) videos per calendar month. This shall include up-to six videos. Unrivaled retains the right, at its sole discretion, to initiate new requests under this plan within a timeframe not exceeding three (3) business days.
Pro-Creator: This plan assigns a dedicated animator to the User from Unrivaled. Please note that the number of work hours per week from the dedicated animator is not guaranteed, considering potential exigencies such as vacations, sick leaves, and other forms of necessary absence. Furthermore, Unrivaled does not commit to a fixed quantity of video deliverables per calendar month under this plan. Unrivaled reserves the right to respond to new service items under this plan within two (2) business days. Please note that the Unrivaled team shall work on only one request at a time and shall not proceed to the next request until the approval of the current request by the User.
Studio: This plan assigns two dedicated animators from Unrivaled to the User. The provisions pertaining to work hours per week, response time to new service items, and the sequence of work on service requests under the Creator Plan shall equally apply to the Studio Service Plan, with the exception that the Unrivaled team will work on two requests concurrently.
These Service Plans may be subject to modifications, enhancements, or revisions at Unrivaled’ sole discretion. Users are strongly recommended to regularly review the terms of their service plans to stay abreast of any updates or changes.
The terms and conditions for the rest of the agreement remain unchanged. Please read them thoroughly before availing any of our services.
1. Intellectual Property Rights
All content of the Website, including software, designs, trademarks, logos, audio, video, and text (collectively, the “Content”) are the property of Unrivaled and protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions.
2. Ownership of Materials
Beyond Unrivaled’s ownership of Request, all design and original source files created belong to User, and User shall be the sole owner of the copyright for all Projects.
In the event that any Project incorporates fonts that are not owned by Unrivaled and require a commercial license for the User to legally reproduce, distribute, or publicly display the Project, Unrivaled will inform User in writing. The User will need to purchase the appropriate licenses for the Third-Party Fonts. The User assumes all responsibility for any consequences as a result of a failure by the User to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
5. Prohibited Activities
User shall not access or use the Website for any purpose other than that for which the Website is made available to the User. The Website may not be used in connection with any commercial endeavors except those directly related to the services provided by Unrivaled.
User acknowledges and agrees that any questions, comments, suggestions, or other feedback (collectively, “Feedback”) shall be the sole property of Unrivaled. Unrivaled is under no obligation to keep Feedback confidential or take steps necessary to ensure the confidentiality of Feedback.
8. Returns and Refunds
All payments made to Unrivaled for services are non-refundable, unless otherwise expressly provided in this Agreement. Refunds, if any, shall be issued solely at the discretion of Unrivaled and will be evaluated on a case-by-case basis.
Upon the initiation of their contract, Customers are required to pay in advance for services to be rendered within the forthcoming month. Customers selecting ‘The Studio’ service plan will be subject to a three-month upfront payment, with no options for cancellation or refund during this three-month period.
In the event that a refund is granted by Unrivaled, all rights, title, and interest in and to all work product, tangible and intangible, resulting from or related to any work performed by Unrivaled, including all intellectual property rights, shall be retained by Unrivaled. Customers are expressly prohibited from using any such work product in any manner or medium, without the express written consent of Unrivaled.
This policy is intended to encourage fair and equitable treatment of all customers and to ensure the integrity and value of our services. Unrivaled reserves the right to modify this refund policy at its discretion at any time, and such changes shall be effective immediately upon posting of the modified policy to the website or services.
Unrivaled reserves the right to change, alter, modify, or remove any content on the Website for any reason at its sole discretion. Unrivaled reserves the right to modify or discontinue all or part of the Website without notice and without liability to the User.
Unrivaled does not guarantee that the Website will be available and accessible at all times. There may be interruptions, delays, or errors beyond Unrivaled’s control. User agrees that Unrivaled shall not be liable for any loss, damage, or inconvenience caused by the User’s inability to access or use the Website during any interruption in service.
11. Governing Law
12. Limitations of Liability and Indemnification
Unrivaled, its directors, employees, members, contractors, or agents shall not be liable to the User 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, or other damages or losses arising from User’s use of the Website or the services provided by Unrivaled, including but not limited to the editing and animating of videos.
User agrees to defend, indemnify and hold harmless Unrivaled from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) Use of the Website or the services provided by Unrivaled, including but not limited to the editing and animating of videos;
(3) Any breach of User’s representations and warranties set forth herein;
(4) User’s violation of the rights of any third party, including but not limited to intellectual property rights.
The User assumes all responsibility and risk for the use of the services provided by Unrivaled, including but not limited to the editing and animating of videos. The User agrees that Unrivaled is not responsible for any loss or damage of any sort the User may incur from dealing with a third party.
Notwithstanding the foregoing, Unrivaled reserves the right, at User’s expense, to assume control and defense of any matter for which User is required to indemnify Unrivaled hereunder. User agrees to cooperate with Unrivaled in defending such claims.
13. User Data
User is solely responsible for all data transmitted to or relating to any activity User has undertaken using the Website. Unrivaled shall have no liability to User for any loss or corruption of any such data.
14. Electronic Delivery of Materials
User consents to receive electronic communications from Unrivaled and 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. User agrees to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by Unrivaled or through the Website.
15. Showcasing Work
Unrivaled reserves the right to showcase design work on digital channels including social media, websites, etc. unless otherwise agreed upon. User reserves the right to issue a Non-Disclosure Agreement (NDA) to protect sensitive information.
17. Contact Information
Unrivaled welcomes User’s questions or comments regarding the Terms. Please send any queries or concerns to the following address:
3700 O’Donnell St. STE 200
Baltimore, MD 21224