Terms and conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the sofiadarling.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “Client”, “you” or “your”) and Sofia Darling (“Sofia Darling”, “we”, “us”, “Designer”, or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Sofia Darling, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Age requirement

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.

User content

We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Backups

We perform regular backups of the Website and its Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Sofia Darling will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Trademarks and Other Responsabilities

Sofia Darling cannot guarantee that her service’s projects will be eligible for trademark registration.

Additionally, she is not responsible for website hosting, domain registration, social media profiles, or other related services that directly influence her ability to deliver her services.

Service’s Feedback

Feedback is mandatory to complete each assigned task. It should be provided on Trello and should have very clear directions. Additionally, any feedback should be relayed in a maximum of 3-business days. From that point forward, Sofia Darling, due to the tight schedule of multiple client’s projects, reserves the right to postpone the estimated delivery date until it the next revision doesn’t interfere with other client’s estimate due dates.

Service’s Deliverability and Prioritization

For service requests with specific deadlines, the Client must submit and prioritize their requests on Trello with, at least, 3-4 weeks in advance of the desired completion date. This ensures adequate time for the design process, revisions, and finalization.

Failure to provide this buffer time may result in delays, and Sofia Darling cannot guarantee timely delivery.

Service’s Duration and Estimate Due Dates

Due to the creative nature of the services and multiple intricacies of projects, Sofia Darling will always aim to have fast turnaround times, but deadlines, due dates, and service durations are merely estimates and cannot be held against Sofia Darling.

Use of Designs and other Deliverables

Sofia Darling retains the right to use any design and/or other deliverables, finished, in progress, canceled or non-approved, for promotional purposes.

Canceled and Non-approved designs and deliverables are owned only by Sofia Darling and the rights to use concern her exclusively.

Any type of resale, repurposing, and white labelling of any designs, services, and other deliverables by the Client without explicit written permission is prohibited.

Reselling

Paid or Free designs, services, guides, and any other materials provided by Sofia Darling are unique and should not be sold to others under any circumstances including, but not limited to, used under a different brand name (white labeling), used as an enrichment to the clients own offers or marketed as a bonus in their services unless explicit written consent is given.

Expected Results

While Sofia Darling aims to always provide the best services and results, specific outcomes or results cannot be guaranteed.

Communications

Sofia Darling reserves the right to not answer any communications from clients on holidays, weekends, or outside working hours (Mon-Fri, 10h-16h GMT Lisbon Time). Even so, clients should allow at least 48 hours for a response given the multiple clients in different timezones.

Delays

Delays can occur due to unforeseen circumstances.

On Sofia Darling’s side, reasons might include illness, family responsibilities, and lack of the necessary information to proceed with the project at hand.

On the Client’s side, delays can be caused by illness, family responsibilities, not providing necessary information on time, failing to submit copywritting, structures, directions, constructive feedback, or any other materials deemed necessary to the project at hand, or taking too long to provide feedback.

All projects will follow a “One Project Rule” where the start of a new task can only be done when the previous task is complete and successfully delivered.

Service Transition or Continuity of Services

Sofia Darling may offer incentives or discounts for new services before the termination of an existing service. Acceptance of any such incentive or discount by the Client shall constitute an integrated agreement, hereby merging the existing and new services into a single contractual entity under the terms of these Terms and Condition.

Such acceptance of an incentive or discount for additional services shall be deemed explicit consent by the Client to the amalgamation of the service periods, treating both the ongoing and subsequent services as a unified contractual engagement. This consolidation reflects the Client’s agreement to the continuity of the service relationship under the modified terms introduced by the acceptance of the incentive or discount.

By accepting any offered incentive or discount for new services, the Client expressly agrees to these terms, acknowledging that the services rendered under the incentive or discount are not standalone engagements but are considered an extension and integral part of the existing service contract.

Commitment Period Acknowledgment

Both Parties acknowledge that any discussions regarding a commitment period prior to the purchase of a service, as well as any minimum commitment period stipulated on a sales page or during the checkout process, shall be binding upon the Client. Such commitment periods are hereby deemed an essential condition for the fulfillment of the contractual obligations under this Agreement.

Early Termination Liability

In the event that the Client desires to terminate the service agreement prior to the expiration of the agreed-upon commitment period, the Client shall be liable for the payment of all remaining dues. This encompasses the total amount due for the unexpired portion of the commitment period, calculated in months, days, or weeks, as applicable, until the complete fulfillment of the agreement terms.

Service-Specific Commitment Terms

a. General Services:
or all services provided by the Provider, excluding the WOW FactorY service, the Client is obligated to honor the entire term of commitment as specified on the sales page, communicated between the parties, and/or indicated on the checkout page. Furthermore, the acceptance of any incentive or discount for new services prior to the termination of an existing service contract shall constitute an integrated agreement, hereby merging the existing and new services into a single contractual entity under the terms of this Agreement. This amalgamation reflects the Client’s agreement to the continuity of the service relationship under the modified terms introduced by the acceptance of the incentive or discount.

b. Fairy Land Service:
Specifically, for the Fairy Land retainer service offered by Sofia Darling, the Client is committed to a minimum term of 12 months commencing from the date of the first payment. Termination of the service by the Client before the conclusion of the 12-month period shall not absolve the Client of the obligation to pay for the remainder of the term.

c. WOW FactorY Service: The WOW FactorY service provision allows for cancellation by the Client, provided that a 10-business-day notice is given prior to the renewal date. Upon timely notification, the Client shall not be obligated to continue or renew the service.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Sofia Darling or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Sofia Darling. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Sofia Darling or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Sofia Darling or third party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Indemnification

You agree to indemnify and hold Sofia Darling and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Portugal without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Portugal. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Portugal, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

[email protected]

Original: 26 of June, 2023

This document was last updated on December 31, 2023