Terms and Conditions

ProductHow Labs, LLC - Terms of Use

Last updated: Jan 10, 2024

1. Agreement Overview

This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement between ProductHow Labs, LLC ("ProductHow") and the client, whether acting personally or on behalf of an entity ("Client"). Failure to agree with, or adhere to, all terms, conditions, and obligations contained herein will result in the prohibition of the Client's use of the Services and will require the immediate discontinuation of their use. Except for ongoing obligations, such as payment for services rendered, the relationship between the Client and ProductHow shall cease upon termination of this Agreement.

2. Services and Plans

ProductHow offers comprehensive product, UX/UI and website design services (”Services”) under subscription-based products (“Subscription”) as detailed on the ProductHow website (producthow.io). Custom plans tailored to the Client's specific needs can be established through an additional agreement with the Client.

A “Subscription” entails a fixed-rate payment, set on a monthly billing cycle, for the provided design services. Clients have the flexibility to cancel their Subscription in accordance with the cancellation policy detailed in the "Pricing Plans and Refund Policy" section.

3. Charges and Payments

The Client agrees to pay charges for the Services to ProductHow in advance, in line with the billing cycle of the chosen Subscription product, typically set on a monthly basis, unless a different arrangement is agreed upon at ProductHow's discretion.

Charges may be paid online through the payment services provided by ProductHow (including Stripe, PayPal, or other recommended secure online payment alternatives) or via bank transfer.

Should the Client fail to make timely payments, ProductHow reserves the right to suspend the provision of services until such payment is received.

All charges payable under this Agreement are exclusive of any applicable taxes, which shall be payable by the Client at the rate and in the manner prescribed by law.

4. Cancellation and Renewal Policy

To discontinue the Service Plans provided by ProductHow, Clients are required to give clear and unequivocal written notice of cancellation at least twenty-one (21) days prior to their next billing cycle renewal date. This advanced notice is crucial to avoid incurring charges for the upcoming period. The necessity of a 21-day notice period is due to the resource allocation and planning ProductHow undertakes to ensure the delivery of high-quality service our Clients expect.

In the event that a Client fails to provide a 21-day notice of cancellation, the Client will be subject to the full charges of the subsequent billing period. These charges are non-refundable, as they compensate for the allocation and reservation of design resources that may have been otherwise utilized for other projects. This policy ensures that ProductHow can maintain the highest level of dedicated service for all its active projects.

ProductHow remains committed to providing clear and transparent communication regarding renewal dates and will send reminders to Clients to aid in this process. Any intent to cancel must be communicated directly to ProductHow's designated contact channels to be considered valid.

5. Acceptance of Work

ProductHow provides a review period of three (3) business days following the delivery of design work for the Client to evaluate and provide feedback. The Client’s input is invaluable for ensuring the final product meets their expectations.

Should ProductHow not receive feedback or revision requests within the three (3) business days post-delivery, the work will be considered accepted, and the ProductHow team will move forward with the next task. This acceptance is procedural and does not prevent the Client from providing additional feedback or requesting iterations afterward. We encourage the Client to provide timely feedback to align with the project's momentum but understand that iteration is a natural part of the creative process. ProductHow is committed to accommodating further refinements; however, it is understood that this will not delay the ongoing project timeline or the subscription billing cycle.

  1. Pricing Plans and Refund Policy

Clients have the flexibility to cancel their subscription with ProductHow; however, a notice of cancellation must be submitted in writing at least twenty-one (21) days prior to the end of the current billing cycle. This notice period is crucial as resources are allocated based on anticipated project continuation. Therefore, ProductHow does not offer refunds once these resources have been assigned and work has commenced.

In the event that a Client submits a cancellation notice, ProductHow will continue to provide services until the completion of the current billing cycle. There are no refunds for any portion of the services that have been unused within this billing period. Following the submission of the cancellation notice, the subscription will not be renewed, and no further charges will be incurred after the end of the billing cycle in which the cancellation notice period concludes.

Please be advised that there are no refunds for partial months of service, and any cancellation request must adhere to the 21-day notice requirement to avoid billing for the subsequent period.

In case of a Services price change for active clients, ProductHow remains committed to providing clear and transparent communication regarding price changes at least twenty-eight (28) days prior to the next billing cycle. Clients have the flexibility to cancel their subscription according to the terms of this section or continue accepting the price change.

7. Intellectual Property Rights

Clients of ProductHow pay in advance for each month of service. Consequently, ownership of all works created specifically for the Client during a given billing cycle is transferred to the Client immediately upon commencement of that cycle's service. This includes, but is not limited to, product, UX/UI, website designs, brand assets, and customized graphics created as part of the service agreement.

While ProductHow retains all rights to its foundational and underlying Content, such as software, design frameworks, trademarks, logos, and pre-existing text, graphics, and media (collectively, the “Content”), the specific works produced for a Client during the paid service period are the property of the Client from the point service delivery begins for that billing cycle.

These works, once created and delivered within the scope of a paid billing cycle, are protected under the Client's ownership by applicable copyright laws and regulations in various jurisdictions worldwide, including the United States, and by international conventions.

8. Ownership of Materials

Consistent with the Intellectual Property Rights section, while ProductHow retains ownership of its proprietary materials and general content used in the creation process, the Client obtains full ownership of the final, delivered project work. This includes all design and original source files created specifically for the Client’s project. Upon full payment for the respective service, the Client shall be the sole owner of the copyright for all completed projects. It should be noted that this transfer of ownership pertains only to the final, custom-created works and does not include ProductHow’s underlying tools, methods, or pre-existing materials.

The Client warrants that any and all materials provided to ProductHow as examples or to be incorporated into a project during the design process are owned by the 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.

9. Confidentiality

The parties agree to maintain the confidentiality of any information provided by one party to the other, which is either designated as confidential or should reasonably be considered confidential.

This obligation of confidentiality shall not apply to any information which: becomes public knowledge through no fault of the receiving party; was already known to the receiving party prior to its disclosure by the disclosing party; is required to be disclosed by law, court order, or a regulatory authority; or is disclosed with the explicit written consent of the disclosing party.

10. Fonts and Assets

In the event that any Project incorporates fonts and assets not owned by ProductHow and requiring a commercial license for legal reproduction, distribution, or public display, ProductHow will inform the Client in writing. The Client will need to purchase the appropriate licenses for these Third-Party Fonts and assets. The Client assumes all responsibility for any consequences due to failure in purchasing required licenses for any Third-Party Fonts and Assets incorporated into a Project.

11. Client Representations

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

12. Prohibited Activities

Clients shall use the services provided by ProductHow solely for lawful purposes and in accordance with the intended use of these services. Specifically, the creative content and materials produced by ProductHow are to be used by the Client in a manner that aligns with the agreed-upon project scope and is consistent with the terms of the service plan selected. Clients are prohibited from:

Reselling, redistributing, or otherwise exploiting the services or content created by ProductHow for unauthorized commercial purposes.

Using the services or content created in any way that infringes upon the intellectual property rights of others, including but not limited to unauthorized reproduction, modification, or distribution.

Engaging in any activity that is illegal, fraudulent, or violates the rights of any third party.

The use of ProductHow’s services should be in a manner that respects the integrity of the creative process and adheres to the legal and ethical standards of content creation and usage.

13. Feedback

The Client acknowledges and agrees that any questions, comments, suggestions, or other feedback related to the services provided by ProductHow ("Feedback") must be communicated through designated platforms, specifically Figma, Slack, Loom, and Notion, unless a different arrangement is agreed upon at ProductHow's discretion. This ensures that Feedback is properly recorded and addressed. ProductHow shall retain ownership of all Feedback and is under no obligation to keep it confidential.

ProductHow is not liable for any oversight or failure to act on Feedback that is not shared through the aforementioned designated channels. Clients are encouraged to use these platforms for all communication regarding Feedback to ensure it is duly noted and appropriately responded to.

14. Oversight

ProductHow reserves the right to monitor the Services for violations of these Terms of Use and to take appropriate legal action against violations. Further, ProductHow reserves the right to restrict, deny access to, or disable the Client’s use of the Services, without notice or liability, in case of any such violations.

15. Returns and Refunds

ProductHow maintains a no-refund policy on all payments made for services. This is in line with the 21-day cancellation notice requirement as detailed in the "Cancellation and Renewal Policy" section. Clients wishing to cancel their subscription must provide written notice at least twenty-one (21) days prior to their next billing cycle to prevent charges for the subsequent period.

Despite this policy, ProductHow is committed to delivering the promised services for the entirety of the current billing cycle, even if a cancellation request is received. No refunds will be issued for any cancellations, including those made within the 21-day notice period, as this timeframe is necessary for us to efficiently reallocate resources and maintain the high-quality service our clients expect.

16. Modifications to Terms of Use

ProductHow reserves the right to change, alter, modify, or remove any content on the Services at its sole discretion. Additionally, ProductHow reserves the right to modify or discontinue all or part of the Services without notice and without liability to the Client.

17. Interruptions

There may be occasions where service interruptions occur due to factors beyond our control. These may include, but are not limited to, unforeseen circumstances such as team member unavailability, technical difficulties, or external factors impacting our ability to deliver services.

In the event of such interruptions, ProductHow shall not be liable for any loss, damage, or inconvenience caused by the Client’s inability to receive the services during these periods. We are committed to minimizing any disruptions and will endeavor to notify Clients of any significant interruptions and resume services as promptly as possible.

18. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which ProductHow is legally incorporated, without regard to conflict of law principles.

19. Limitations of Liability and Indemnification

ProductHow, its directors, employees, members, contractors, or agents shall not be liable for any direct, indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profit, lost revenue, lost data, or other damages or losses, arising from the Client’s use of the Services. The Client agrees to defend, indemnify, and hold harmless ProductHow from any loss, damage, liability, claim, or demand due to the Client’s use of the Services.

20. Client Data

The Client is responsible for providing all necessary data and materials required for ProductHow to perform its services. This includes, but is not limited to, specific project requirements, content, images, or any other information relevant to the completion of the services.

While ProductHow takes reasonable measures to safeguard the data provided by the Client during the service process, it shall not be liable for any loss, corruption, or compromise of such data. Clients are advised to maintain backups and copies of all materials provided to ProductHow. In the event of any loss or corruption of data, ProductHow will endeavor to assist in the recovery process to the best of its ability, but it cannot guarantee the restoration of lost or corrupted data.

21. Electronic Delivery of Materials

Client consents to receive electronic communications from ProductHow and agrees that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirements for written communication.

The Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by ProductHow or through the website. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, non-electronic delivery, retention of non-electronic records, or to the granting of credits by means other than electronic means.

22. Showcasing Work

ProductHow reserves the right to share design work on digital channels unless otherwise agreed upon through a Non-Disclosure Agreement (NDA) to protect sensitive information.

23. Termination

These Terms of Use remain in effect until terminated by the Client or ProductHow. Clients may terminate their agreement in accordance with the cancellation policy outlined in the "Pricing Plans and Refund Policy" section. ProductHow reserves the right to terminate this Agreement at any time, with reasonable notice to the Client, unless in cases of breach by the Client, including but not limited to non-payment and violation of these Terms of Use. ProductHow may also suspend or terminate Client's access to the Services for any substantial breach of these terms.

Upon termination, all rights and obligations of both parties, save for those explicitly stated as surviving the termination (such as payment obligations for services already rendered, confidentiality, and ownership of materials), will cease. ProductHow will take reasonable steps to ensure a smooth transition and minimize disruption to the Clients's ongoing projects.

24. Contact Information

For questions or comments regarding these Terms, please contact: hello@producthow.io.

© 2023 producthow, digital products design consultancy

© 2023 producthow, digital products design consultancy