Terms and Conditions

Last updated: September 1, 2024

1. Introduction

These Terms and Conditions ("Terms") govern your access and use of the Tiltely website ("Site") and services provided by Tiltely LLC ("Company", "we", "us", or "our"). By using our Site, you agree to be bound by these Terms. If you do not agree, you must not use the Site.

2. Purchases and Services

You may purchase our services through the Site. All purchases are subject to our acceptance. We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion. By purchasing our services, you agree to these Terms and our pricing structure. All payments are due upfront, and services are non-refundable unless explicitly stated otherwise.

3. Intellectual Property Rights

All content on the Site, including but not limited to text, images, graphics, code, and software ("Content"), is owned by or licensed to Tiltely and is protected by copyright, trademark, and other intellectual property laws. You may not use any Content without our express written permission. Upon payment, ownership of the deliverables created during the prepaid period transfers to the Client. However, Tiltely retains the right to use non-sensitive work for promotional purposes unless agreed otherwise in writing.

4. Asset Ownership and Transfer

Ownership of all assets created during the prepaid month is transferred to the Client upon full payment. Any additional work outside the prepaid period remains the property of Tiltely until additional payment is made. Tiltely retains the right to showcase work created unless an NDA is in place.

5. Third-Party Media and Fonts

Tiltely may incorporate third-party media, software, or fonts as part of the services. The Client is responsible for securing appropriate licenses for any third-party materials included in the deliverables. Tiltely will inform the Client if such licenses are required.

6. Payment and Refund Policy

Payments are required upfront on a monthly basis. All services rendered are non-refundable. In the event of early termination by the Client, no refunds will be provided for the remaining period. Tiltely reserves the right to assess refunds on a case-by-case basis. If a refund is provided, Tiltely will retain a 25% fee for administrative costs.

7. Termination of Agreement

Tiltely reserves the right to terminate any agreement at any time, without notice or refund, if the Client breaches any of these Terms or if the Client’s actions are deemed harmful or unlawful. This includes, but is not limited to, non-payment or misuse of the services provided.

8. Client Responsibilities

The Client is ultimately responsible for the legal use of all provided assets, including compliance with national and international laws, such as intellectual property and data protection regulations. Tiltely is not liable for the Client's misuse of the provided services.

9. Confidentiality and Data Protection

Tiltely will take all reasonable measures to protect any classified or sensitive information provided by the Client. However, Tiltely is not responsible for any unauthorized access unless it is due to Tiltely's gross negligence.

10. Disclaimers and Limitation of Liability

Tiltely provides the Site and services on an "as-is" and "as-available" basis. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Tiltely is not liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Site or services.

11. Indemnification

You agree to indemnify and hold harmless Tiltely, its employees, agents, and affiliates from any claims, losses, damages, liabilities, and expenses, including attorney's fees, arising out of your use of the Site or services, your violation of these Terms, or your infringement of any third-party rights.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in Madrid, Spain. Both parties agree to submit to the jurisdiction of the courts of Madrid, and any arbitration or legal proceedings will be conducted in Spanish, in accordance with the laws and procedures of Spain.

13. Changes to Terms

Tiltely reserves the right to update these Terms at any time without prior notice. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.

14. Contact Information

For any questions or concerns regarding these Terms, please contact us at [email protected].

15. Sharing of Code and Assets with Third Parties

As part of our workflow and process optimization, Tiltely may share code and/or assets with third-party services such as OpenAI or Google Gemini for purposes such as development, debugging, or enhancement of deliverables. This sharing is integral to our service unless the Client explicitly requests otherwise in writing. Any such request must be mutually agreed upon by both parties, and alternative workflows will be arranged to accommodate the Client's preferences.