Terms and Conditions

THIS TERMS OF USE AGREEMENT (the "Agreement") constitutes a legally binding agreement by and between

AlkemeDesign.ch , a company organized under the laws of the Canton Zürich ("AlkemeDesign.ch") and the client, whether personally or on behalf of an entity ("Client", with regard to access and use of AlkemeDesign.ch's website: http://www.alkemedesign.ch / (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 AlkemeDesign.ch shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay AlkemeDesign.ch for services rendered shall remain and continue to be an ongoing obligation owed by Client to AlkemeDesign.ch.

1. Intellectual Property Rights

7. Management and Oversight

Unless otherwise indicated, the Website is the property of AlkemeDesign.ch 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 therein (the "Marks") are owned and controlled by AlkemeDesign.ch and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the Switzerland, 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 AlkemeDesign.che's express prior written permission. AlkemeDesign.ch reserves all rights in the Website, Content, and Marks.

2. Ownership of Materials

Notwithstanding AlkemeDesign.ch's ownership of Submissions, as described in Paragraph 6 ("Client Feedback"), all design and original source files created on Client's behalf ("Projects") belong 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 DesignCraft.me to become the owner of a Project, in whole or in part, rather than Client, AlkemeDesign.ch irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to AlkemeDesign.ch 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. AlkemeDesign.ch always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in Section 24 of this document.

3. Third-Party Fonts

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

4. User Representations

By using the Website, Client represents and warrants that: Client possesses the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their residence; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; and Client's use of the Website will not violate any applicable law or regulation.

5. 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 AlkemeDesign.ch on behalf of the Client. Further, Client agrees to refrain from the following:

Making any unauthorized use of the Website.
Retrieving data or content for the purposes of creating or compiling a database or directory.
Circumventing, disabling, or otherwise interfering with security-related textures on the Website.
Engaging in unauthorized framing or linking of the Website.
Tricking, defrauding or misleading AlkemeDesign.ch or other users.
Interfering with, disrupting or creating an undue burden on the Website or AlkemeDesign.ch's networks or servers.
Using the Website in an effort to compete with AlkemeDesign.ch.
Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Website.
Bypassing any measures on the Website designed to prevent or restrict access to the Website or any
portion thereof.
Deleting the copyright or other rights notice from any Content.
Copying or adapting the Website's software.
Uploading or transmitting, or attempting 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.
Uploading or transmitting, or attempting to do so, any material that acts as a passive or active information collection or transmission mechanism.
Disparaging, tarnishing or otherwise harming AlkemeDesign.ch.
Using the Website in a manner inconsistent with any applicable laws,
statutes or regulations.
Harassing, annoying, intimidating or threatening any of AlkemeDesign.ch's employees, independent contractors or agents providing services through the Website

6. 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 AlkemeDesign.ch. AlkemeDesign.ch is under no obligation to maintain the confidentiality of a Submission.

AlkemeDesign.ch shall be the exclusive owner of all rights related to the submission, except to the extent that rights are granted to Client under Section 2 ("Ownership of Materials").

AlkemeDesign.ch may at its sole discretion, use and disseminate a Submission for any lawful purpose without seeking permission, acknowledgment, or offering compensation to the Client. Client confirms that they have the right to provide the Submission and hereby waives all claims against AlkemeDesign.ch for its use of the Submission in line with these terms.

AlkemeDesign.ch retains the authority to monitor the Website for breaches of these Terms of Use and to pursue legal action in response to any violations of these terms or relevant laws and regulations. Additionally, AlkemeDesign.ch may, at its sole discretion, limit or deny access to the Website or deactivate the Client's use of the Website without prior notice or liability. All decisions related to the Website's management aim to safeguard AlkemeDesign.ch's rights and assets.

7A. Service Delivery

Scope of Services: AlkemeDesign.ch
offers a comprehensive suite of design services. If a project requires expertise beyond our immediate capabilities, AlkemeDesign.ch may engage third-party designers or specialists to deliver the best possible results, with any additional costs requiring client approval.
Deliverables: Each project's deliverables will be detailed at the onset of our engagement with AlkemeDesign.ch. Built on flexibility, AlkemeDesign.ch accommodates your evolving needs. Within the scope of your chosen pricing plan— subscription AlkemeDesign.ch welcomes an unlimited number of design requests and revisions. The goal is to ensure final deliverables meet your satisfaction, aligned with the project's scope.
Turnaround Times: Our plans:

1.PERSONAL - One Request at a time / Average 48-hour delivery.

2.PREMIUM - Two Request's at a time / Average 48-hour delivery.

3.PACKAGING - Three Request's at a time / Average 48-hour delivery.

4.CONCEPT - Four Request's at a time / Average 48-hour delivery.

5.ENTERPRISE - Ten Request's at a time / Average 48-hour delivery.

These times are based on our active working hours. Most requests are often completed in less time, providing efficient service while maintaining quality. For details on our daily work schedule, please refer to Section 8 of this document.

Additional Communication Channel Access: While our standard collaboration process is designed to be efficient and asynchronous through Trello, Wix Studio, Figma, Webflow and Email.
Third Party Involvement: Should third-party services be necessary, we will provide full transparency regarding the potential costs and seek the client's consent prior to proceeding. AlkemeDesign.ch's aim is to ensure that any collaborations with external providers enhance the value and quality of the final deliverable, without unexpected expenses or delays.

8. Service Availability

AlkemeDesign.ch is committed to providing consistent, high-quality service to all our clients. This section outlines our approach to maintaining service standards while also respecting our need for scheduled downtime, personal leave, and unexpected contingencies.

Standard Working Days and Hours: Our regular business hours are Monday through Thursday. We operate on an extended-hour basis, typically working 10-12 hours each day. These are the days and hours when active project work, communication, and product demos are scheduled.
Unexpected Absences: In the event of sickness or emergency, which may occur outside of our standard working days and hours, we will notify affected clients at the earliest opportunity and make arrangements to minimize disruption to ongoing projects.
Continuity of Service: We strive to ensure continuity of service by managing client load and project timelines within our working days. Clients will be kept informed of their project status and our availability regularly.
Scheduled Downtime: We prioritize work-life balance and our team's wellbeing by observing a three-day weekend. Clients will be notified in advance of any non-standard downtime to ensure project timelines are adjusted accordingly.

9. Account Management

Subscription Adjustments:
AlkemeDesign.ch, offers our clients the flexibility to adjust their subscription plans as needed. This includes options to upgrade or downgrade the current plan, subject to the terms and conditions of the specific plan
selected.
Pausing a Subscription: Clients have the option to pause their subscription at any time. When a subscription is paused by a client, AlkemeDesign.ch will temporarily suspend all services, and the remaining days of the current subscription period will be protected. Clients can resume their subscription at their convenience through their account portal in Stripe, and the remaining days will continue from the point of pause. This feature provides flexibility without any loss of subscription time.
Cancelling a Subscription: Clients can cancel their AlkemeDesign.ch subscription at any time and will continue to have access to our services through the end of their billing period. To cancel, please go to the 'Client Login' section on our AlkemeDesign.ch website and follow the instructions for cancellation. Upon cancellation, your account will automatically close at the end of your current billing period. All subscription and payment management for our services, including cancellation, is handled through Stripe. To cancel, access your subscription settings in your Stripe account and turn off auto-renewal.
Changes to Price and Subscription Plans: We reserve the right to modify our subscription plans and the pricing of our services. To show appreciation for our client's loyalty, current subscribers will maintain their existing rate as long as their subscription is active, including during any paused periods. If a subscription is cancelled, this special rate is lost. Should you disagree with any future changes, you have the option to cancel your subscription with DesignCraft.me before these changes take effect.
One-time purchase options: The Single Sprint and Double Sprint plans require no separate account management. For additional service beyond one month, simply purchase another month as needed. To upgrade to a subscription, select and purchase the desired plan at your convenience.
Special Arrangements: On rare occasions, AlkemeDesign.ch may negotiate custom pricing or service terms outside our standard subscription offerings. These arrangements are unique and negotiated on a case-by-case basis.
However, apart from the specific negotiated aspects (such as pricing or duration), all other standard terms and conditions of AlkemeDesign.ch continue to apply.
Updating Account Information: Clients are responsible for keeping their account information up to date. Updates to personal details, billing information, or contact preferences should be made through the Stripe account portal. Maintaining accurate information is essential for uninterrupted service and accurate bill.

10. Privacy Policy

By accessing the Website, the Client consents to and is bound by the Privacy Policy and its specific terms, which are integrated into this agreement. The Website is hosted in the Switzerland. If accessing from the EU, USA, Asia, or other global regions, be aware that different laws and regulations regarding personal data collection, use, or disclosure may apply. The Client's ongoing use of the Website and data transfer to the Switzerland signifies explicit consent to data processing within the Switzerland. AlkemeDesign.ch does not intentionally collect or solicit information from individuals under 18 years old. In line with the Switzerland Children's Online Privacy Protection Act, if we become aware that an individual under 13 has provided personal information without parental consent, AlkemeDesign.ch will promptly delete such information.

11. Modification

AlkemeDesign.ch retains the authority to adjust, modify, amend, or remove any content on the Website at our sole discretion. We also hold the right to alter or cease parts or the entirety of the Website without prior notification and without any liability to the Client.

12. Connection Interruptions

AlkemeDesign.ch cannot guarantee uninterrupted access to the Website at all times. Hardware, software, or other unforeseen issues might lead to delays or disruptions that are beyond our control.

The Client acknowledges and agrees that AlkemeDesign.ch will not be held responsible for any inconvenience, loss, or damage resulting from any disruptions or inability to access the Website.

13. Force Majeure

In the event that AlkemeDesign.ch is unable to perform any of its obligations under these terms and conditions due to natural disasters, acts of God, alien abductions, pandemics, strikes, equipment or transmission failure, or other causes beyond its reasonable control, such failure to perform shall not be a breach of these terms and conditions. Clients will be notified as soon as reasonably possible of any service interruptions or delays.

14. Governing Law

The Terms of Use are governed by and interpreted in line with the laws of the Canton Zürich, without giving effect to any conflict of law principles

15. Litigation

ALL LEGAL ACTIONS, REGARDLESS OF NATURE, WILL BE INITIATED IN THE STATE COURTS OF CANTON ZÜRICH OR IN SWITZERLAND. BOTH PARTIES AGREE TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVE ANY OBJECTIONS

RELATED TO PERSONAL JURISDICTION OR THE CONVENIENCE OF THESE VENUES. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNIFORM COMPUTER INFORMATION TRANSACTION ACT ARE NOT APPLICABLE TO THESE TERMS OF USE.

15. Disclaimer

ALKEMEDESIGN.CH PROVIDES THE WEBSITE ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. BY USING OUR

WEBSITE AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT IT'S ENTIRELY AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPLICIT OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO CLAIMS REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE WEBSITE'S CONTENT OR ANY CONTENT ON LINKED WEBSITES. WE ARE NOT LIABLE FOR:

ERRORS, INACCURACIES, OR OMISSIONS IN CONTENT AND MATERIALS.
ANY UNAUTHORIZED ACCESS TO OUR SECURE SERVERS AND/OR ANY STORED PERSONAL OR FINANCIAL INFORMATION.
INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE.
HARMFUL COMPONENTS, SUCH AS BUGS, VIRUSES, OR TROJAN HORSES, THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY.
ANY LOSS OR DAMAGE INCURRED FROM THE USE OF CONTENT AVAILABLE ON OUR WEBSITE. FURTHERMORE, ALKEMEDESIGN.CH NEITHER ENDORSES, GUARANTEES, NOR ASSUMES RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED OR OFFERED ON OUR WEBSITE, LINKED SITES, OR ANY SITE OR MOBILE APPLICATION FEATURED IN ANY ADVERTISING.

16. Limitations of Liability and Indemnification

ALKEMEDESIGN.CH INCLUDING ITS DIRECTORS, EMPLOYEES, MEMBERS, CONTRACTORS, OR AGENTS, SHALL NOT BE HELD ACCOUNTABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES,

INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, LEGAL FEES, COURT COSTS, OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ALKEMEDESIGN.CH, ITS AFFILIATES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES, AND CONTRACTORS FROM ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF:

YOUR USE OF THE WEBSITE.
VIOLATION OF THESE TERMS OF USE.
ANY BREACH OF YOUR REPRESENTATIONS AND
WARRANTIES SET FORTH IN THESE TERMS.
INFRINGEMENT OF THE RIGHTS OF A THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

DESPITE THE ABOVE, ALKEMEDESIGN.CH RETAINS THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER THAT YOU ARE OBLIGATED TO INDEMNIFY AGAINST. YOU AGREE TO COOPERATE WITH ANY REASONABLE REQUESTS ASSISTING ALKEMEDESIGN.CH'S DEFENSE OF SUCH MATTERS.

17. User Data

Client holds sole responsibility for all data transmitted or related to any activity undertaken on the Website.

AlkemeDesign.ch is not liable for any loss or corruption of such data, and Client expressly waives any claims against AlkemeDesign.ch arising from such loss or corruption.

18. Electronic Communications, Transactions and Signatures

Client consents to receive electronic communications from AlkemeDesign.ch. All agreements, notices, disclosures, and other communications sent via email or through the Website meet any legal requirements for written communication.

Client agrees to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and records of transactions initiated or completed by AlkemeDesign.ch or via the Website. Client waives any rights or requirements in any jurisdiction that demand original signatures, non-electronic record retention, or non-electronic payment methods.

19. Acceptance of Terms

By subscribing to a plan, or using the services of AlkemeDesign.ch, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

If you do not agree with any part of these terms and conditions, you should not subscribe to or purchase our services.

20. Showcasing Design Work

AlkemeDesign.ch retains the right to showcase design projects on digital platforms, including social media and its website, unless a prior agreement states otherwise. The Client can choose to issue a Non-Disclosure Agreement (NDA) with AlkemeDesign.ch,, which would then restrict AlkemeDesign.ch, from publicly sharing or discussing the Client's projects.

21. Miscellaneous

These Terms of Use, along with any policies posted on the Website, represent the complete agreement and understanding between the Client and AlkemeDesign.ch. Any failure by AlkemeDesign.ch to enforce a provision of these Terms of Use doesn't imply a waiver of that provision. Should any part of these Terms of Use be deemed unlawful, void, or unenforceable, that specific provision will be considered separate from these Terms but won't affect the validity or enforceability of the remaining provisions. Nothing in these Terms of Use, the Privacy Policy, or on the Website should be interpreted as establishing a joint venture, partnership, employment, or agency relationship between the Client and AlkemeDesign.ch.

21. Miscellaneous

22. Contact Information

For any inquiries or concerns related to the Website, please reach out to AlkemeDesign.ch at: wecanfixthis@alkemedesign.ch

Last Updated: 24 February, 2024