Last updated: June 12, 2023
These terms and conditions ("Terms") govern your use of “Churn Up”. "Churn Up” provided by [Hyperfuse Studio] ("the Company"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Churn Up if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of sg. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Use of the Service
- You must be at least 18 years old or of legal age in your jurisdiction to use the Service.
- You are responsible for maintaining the confidentiality of any login credentials or account information associated with the Service. The Service and the Company will not be held liable for any loss of data arising from the misuse of account information consequential of carelessness.
- You agree that the Service reserves the right to determine the time required to deliver each of the design requests raised (within reasonable grounds) which are dependent on the complexity assessed at the point of request submission and acknowledgement.
- You agree that the responsibility of planning your requests to fit you and your entity’s internal delivery timelines falls solely under your remit, and that neither Service nor the Company should be held liable for any damages arising from scheduling complications.
- You agree not to use the Service for any illegal, unauthorised, or prohibited purposes.
- You acknowledge that the Company may modify, suspend, or terminate the Service at any time without prior notice.
- As this service is subscription based, we unfortunately do not offer refunds upon cancellation if you opted subscription for Quarterly & Annual Plans and the subscription has already started. You may however be able to pause or cancel your subscriptions of you opted for Monthly Plans at your discretion.
- The Company reserves the right to terminate an account at our absolute discretion if we find adequate reasons to suggest a breach of clauses dictated in this Terms & Conditions.
Intellectual Property
- The Service and all the content within the company’s digital products, including but not limited to text, images, trademarks, logos, and software, are the property of the Company and protected by intellectual property laws.
- Upon initiating a subscription with the entailing fees paid up in full, the works generated within the period of which the subscription is in force consequential of requests raised belongs to you or the entity of which the subscription is engaged under.
User Content
- You retain ownership of any content you submit, post, or display on or through the Service ("User Content").
- By submitting User Content, you grant the Company a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display the User Content for the purposes of providing and promoting the Service.
- You represent and warrant that you have all necessary rights and permissions to submit User Content and that it does not infringe upon any third-party rights.
Privacy
- The Company collects, uses, and stores personal information in accordance with its Privacy Policy. By using the Service, you consent to the Company's collection and processing of your personal information as outlined in the Privacy Policy.
- The Company can and may adhere to any NDAs if so required by the subscribing user, upon request.
- Cookies are used to personalise your online experience within our Service and to increase your convenience (such as for login purposes).
- The Service includes third party services as part of our offerings which may redirect you to their webpages via external links. Our T&Cs as well as Privacy Policy do not apply to them and vice versa
- Company shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or inability to use other Third Party Services, even if advised of the possibility of such damages.
- If the Company has adequate reasons to suspect that a data breach has occured, we will immediately invoke necessary actions in accordance to PDPA’s official guide on managing and notifying data breaches under the Personal Data Protection Act.
Disclaimers and Limitations of Liability
- The Service is provided on an "as-is" and "as available" basis. The Company makes no warranties, express or implied, regarding the Service's reliability, accuracy, or availability.
- To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or inability to use the Service, even if advised of the possibility of such damages.
Indemnification
- You agree to indemnify and hold the Company and its affiliates, officers, directors, employees, and agents harmless from any claims, losses, damages, liabilities, and expenses, including legal fees, arising out of or in connection with your use of the Service or violation of these Terms.
Governing Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in the Republic of Singapore.
Sever-ability
- If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement
- These Terms constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements or understandings, whether written or oral.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms