Terms & Condition

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Kodewave Design a limited liability company organized under the laws of Romania ("Kodewave") and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Kodewave’s website: https://www.kodewavestudio.com/ (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 Kodewave shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Kodewave for services rendered shall remain and continue to be an ongoing obligation owed by Client to Kodewave.

Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Kodewave 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 there (the “Marks”) are owned and controlled by Kodewave and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of Romania, 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 Kodewave’s express prior written permission. Kodewave reserves all rights in the Website, Content and Marks.

Ownership of Materials

Notwithstanding Kodewave’s ownership of Submissions, as described in Paragraph 4 (“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 Kodewave to become the owner of a Project, in whole or in part, rather than Client, Kodewave irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Kodewave 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. Kodewave always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.

User Representations

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

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 Kodewave and Kodewave is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Kodewave shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Kodewave for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

Management and Oversite

Kodewave reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Kodewave further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website.