Terms and conditions

The Client and Estudio Macarrón, design studio that created and owns Use The Brand, based in Montevideo – Uruguay, agree that the following terms and conditions will apply to the services contracted by the Client, which are described in the Plans section.

Services and support

Regardless of the contracted plans, and with prior agreement, Estudio Macarrón may provide the Client with services that exceed their plan, such as support services, graphic design and new implementations. These will be quoted independently and must be accepted by the client in writing.

The Client acknowledges that this is a services agreement and that Estudio Macarrón will not deliver any software, platform or system to the Client as part of the agreement. Subject to the terms of this agreement, Estudio Macarrón will use commercially reasonable efforts to provide the Services to Client, such as reasonable technical support services in accordance with monthly maintenance. The sites developed for clients will be hosted on an outsourced server contracted by Estudio Macarrón, for which Estudio Macarrón is not responsible for temporary outages, failures or maintenance of the servers.

Client Responsibilities

The Client is responsible for the information provided to Estudio Macarrón and contained in its future Brand Manual or online Brandbook. When the Client requests a Brand Manual or Brandbook with restricted access (with users and password), the Client will be responsible for any additional users (user accounts) that they request to create within the Service and the activities carried out by these users when using the Service. The Client has the right to request the cancellation of any user and Estudio Macarrón will have a period of 48 business hours to cancel. Applications will be received exclusively via email in this box: hola@usalamarca.com. Customer will ensure that user accounts requested by Customer comply with this agreement and the Terms of Service. Customer will not commercially sell, resell, license, sublicense, distribute or frame this Service to third parties. Customer will access and use the Services in accordance with this agreement and will immediately notify Estudio Macarrón of any known unauthorized access or use.

Confidentiality, property rights and terms of use of the brand

The Client will be responsible for owning the property and distribution rights over their brand and the contents and files that are associated with it (logo, photographs, illustrations, etc.). Estudio Macarrón is not responsible for verifying the authorship of the brand and its contents provided by The Client, as well as its distribution rights.

Estudio Macarrón does not acquire any ownership rights over the Client’s brand and the contents and files associated with it, nor is it responsible for its content, authenticity and distribution rights, and the Client’s Marks will remain the exclusive property of the Client. Likewise, Estudio Macarrón is not responsible for the distribution that third parties may make of these contents.

Estudio Macarrón owns the intellectual rights to its digital product (Use The Brand website), all its future improvements and modifications and any application, invention or other technology that is developed in relation to its services.

The Client grants Estudio Macarrón the non-exclusive and non-transferable right to use and reproduce the contents and files in the manner that the Client authorizes or accepts under this agreement, including use and reproduction on the Estudio Macarrón websites, such as be in promotional materials. Estudio Macarrón will not use the Client Marks in a manner that may harm or degrade the reputation of the Client Marks or the Client. Estudio Macarrón se reserva el derecho de retirar o suspender el uso de las Marcas del Cliente en cualquier momento, previa notificación al Cliente, si Estudio Macarrón cree que dicho uso puede violar los derechos de terceros o las leyes aplicables, o si Estudio Macarrón cree que dicho uso puede perjudicar la reputación del Cliente o Estudio Macarrón.

Payment of fees

The Client will pay Estudio Macarrón for the selected plan according to the rates described in the Plans Section for Setup Services and Update Services. If the client requires additional services that exceed the scope of the contracted plan, they will be quoted independently. If additional services are implemented, by prior agreement, the Client will be invoiced for said services and will agree to pay the fees for that concept.

Estudio Macarrón reserves the right to adjust the applicable Fees or charges and to establish new charges and fees at the end of the Initial Service Term or the current renewal term, upon thirty (30) days’ notice to the Client (which may be sent by mail electronic). If the Client believes that Estudio Macarrón has invoiced them incorrectly, they must contact Estudio Macarrón via email at: hola@usalamarca.com in a period not exceeding 30 days after the invoice is issued, in order to receive an adjustment or credit note. Full payment for invoices issued must be received by Estudio Macarrón up to 30 days after the date the invoice was sent. Customer will be responsible for all taxes associated with the Services. Fees are non-refundable once paid. ​Ver detalles 263 / 5.000 Resultados de traducción Resultado de traducción Without prejudice to other rights, if payment has not been received on time, Estudio Macarrón may suspend the provision of the Services in whole or in part, stop complying with the obligations and remove the Client’s product from the Use The Brand website.

Aditional services

For any Implementation Services or additional Services, the Client must contact Estudio Macarrón. After review, the parties will mutually agree on the necessary functionality(s) with their respective associated costs and will specify the additional Services to be contracted. Estudio Macarrón is not forced to accept the provision of any additional service. When sending data in the form of files, images or other types of documents to Estudio Macarrón, the Client is responsible for the authenticity, ownership and veracity of the data presented. Estudio Macarrón may unilaterally cancel the fulfillment or provision of additional Services or Implementation Services if they are incompatible with the operation of the Service or if its stability is at risk, or for any other reason.

Termination of service

Subject to early termination as set forth below, this agreement is for an Initial Service Term as specified in Annual Maintenance Service and will automatically renew for additional terms of the same duration as the Initial Service Term, unless a of the parties request termination at least thirty days prior to the end of the current term. At the time of order or at any time thereafter, the Customer may cancel the automatic renewal of the subscription. Either party may terminate this agreement upon 30 days’ notice (or without notice in the event of non-payment). Customer will pay in full for Services until the last day such Services are provided. Upon termination, at Client’s request, Estudio Macarrón will make all Client Data available to Client for electronic retrieval for a period of thirty (30) days. After that period, all Customer Data will be deleted. At the Client’s written request, Estudio Macarrón will notify the deletion of the Client Data. Nevertheless, Estudio Macarrón may retain copies of Customer Data as part of records, documents or larger data sets in accordance with Estudio Macarrón’s legal and financial compliance obligations, provided that Estudio Macarrón continues to comply. with all the requirements of these Terms in connection with such retained content.

Guarantee

Estudio Macarrón will use reasonable efforts to maintain the Services in a manner that minimizes errors and interruptions in the Services. The Services may be temporarily out of service for scheduled maintenance or unscheduled emergency maintenance, whether by Estudio Macarrón or third party providers, or due to other causes beyond Estudio Macarrón’s reasonable control. However, Estudio Macarrón does not guarantee that the services will be uninterrupted or error-free.

Data protection

The parties are duly informed and do not object to the processing of personal data for the purposes of delivery of the Service and fulfillment of this agreement, including the purposes of ensuring the accounting of the transaction, the fulfillment of obligations and the protection of their interests during the period of service. The purpose of processing personal data is related to the processing of data of the parties as performers of economic activity. The parties acknowledge that no Personal Data will be processed as part of the services. The parties will ensure that all their employees and any person who processes personal data in the performance of the agreement are committed to the confidentiality of personal data and that this obligation is of unlimited duration. The parties guarantee that, in their activities, each will continually comply with the applicable personal data protection regulations.

Validity

Estudio Macarrón may change the terms of this agreement by posting a new version of the Terms and Conditions on the Use The Brand website and/or notifying the Client by email.