Terms & Conditions

Updated: 6/3/2024

This Terms of Use Agreement (the "Agreement") is a legally binding agreement between Sinium, LLC DBA Feelance, a limited liability company organized under the laws of the State of Texas ("Feelance") and the client, whether personally or on behalf of an entity ("Client"), regarding access and use of Feelance's website: https://www.feelance.com ("Website") and any related media, channels, mobile websites, or mobile applications. Failure to agree and adhere to these terms prohibits the Client's use of the Website, and the Client must discontinue use immediately. The relationship between Client and Feelance shall then cease, except for any outstanding payment obligations owed by Client to Feelance for services rendered.
  1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Feelance. All source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos (collectively or individually, the "Content") are owned and controlled by Feelance and protected by applicable intellectual property laws. The Content is provided "As-Is" for informational and personal use only. No part of the Website or Content may be copied, reproduced, or otherwise exploited for any commercial purpose without Feelance's express prior written permission. Feelance reserves all rights in the Website and Content.
  1. Ownership of Materials
Feelance retains ownership of any client feedback or suggestions (see Section 6). All work product created on Client's behalf ("Deliverables"), including reports, analyses, and recommendations, belong to the Client.  In the event that any law would cause Feelance to become the owner of a Deliverable, Feelance irrevocably and perpetually assigns its entire interest in the Deliverable to Client. Client warrants that any materials provided to Feelance are owned by the Client and do not infringe on any third party's rights. Feelance reserves the right to share anonymized or aggregated client work publicly for promotional purposes, unless otherwise agreed upon in writing.
  1. 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 their jurisdiction;
  • Client will not access the Website through automated or non-human means;
  • Client will not use the Website for any illegal or unauthorized purpose; and
  • Client’s use of the Website will not violate any applicable law or regulation.
 
  1. Prohibited Activities
Client shall not use the Website for any purpose other than that for which it is made available. The Website may not be used in connection with any commercial endeavors except those directly related to the services provided by Feelance. Client agrees to refrain from activities that:
  • Make any unauthorized use of the Website;
  • Interfere with the Website's security-related features;
  • Engage in unauthorized framing or linking of the Website;
  • Attempt to harm Feelance's reputation or business;
  • Violate any applicable laws or regulations.
 
  1. Client Feedback
Any questions, comments, suggestions, or other feedback provided by Client ("Feedback") shall be the sole property of Feelance. Feelance is not obligated to keep Feedback confidential and may use it for any lawful purpose without permission or compensation to the Client.
  1. Management and Oversight
Feelance reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate action in response. Feelance may restrict or deny access to the Website at its sole discretion, without notice or liability.
  1. Privacy Policy
By using the Website, Client agrees to be bound by the Privacy Policy posted on the Website.
  1. Returns and Refunds
Feelance offers no refunds for services rendered. Any concerns about the quality of deliverables should be raised promptly with Feelance to allow for potential revisions or adjustments within the agreed-upon project scope.
  1. Modification
Feelance reserves the right to change, modify, or remove any content on the Website at its sole discretion. Feelance may also modify or discontinue the Website without notice or liability to the Client.
  1. Connection Interruptions
Feelance does not guarantee uninterrupted access to the Website. Hardware, software, or other technical issues may cause interruptions, delays, or errors beyond Feelance's control. Feelance shall not be liable for any loss, damage, or inconvenience caused by the Client's inability to access or use the Website during such interruptions.
  1. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.
  1. Litigation
Any legal action arising from these Terms of Use shall be brought in the state or federal courts located in Tarrant County, Texas. The parties consent to personal jurisdiction in those courts and waive all defenses of lack of personal jurisdiction or forum non conveniens.
  1. Disclaimer
The Website and services are provided on an "as-is" and "as-available" basis. Feelance disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Feelance makes no warranties regarding the accuracy or completeness of the Website or any content therein.
  1. Limitations of Liability and Indemnification
Feelance and its directors, employees, members, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages arising from the Client's use of the Website or services. Client agrees to indemnify and hold harmless Feelance from any claims or demands made by any third party due to or arising out of Client's use of the Website, breach of these Terms of Use, or violation of any third-party rights.
  1. User Data
Client is solely responsible for all data transmitted to or related to any activity undertaken using the Website. Feelance shall not be liable for any loss or corruption of such data, and Client waives any right of action against Feelance for such loss or corruption.
  1. Electronic Communications
Client consents to receive electronic communications from Feelance and agrees that such communications satisfy any legal requirement that such communication be in writing.
  1. Miscellaneous
These Terms of Use, along with the Privacy Policy, constitute the entire agreement between the Client and Feelance. Feelance's failure to enforce any right or provision shall not constitute a waiver of such right or provision. If any provision is deemed unenforceable, that provision shall be severed without affecting the remaining provisions.
Contact Information
For questions or complaints regarding the Website or these Terms of Use, please contact Feelance at: info@feelance.com