Subscription Terms

Last Updated: 2026-07-24

These Subscription Terms are a legal agreement between you ("you" or "End User") and TFDi Design Co. ("TFDi Design", "we", "us"). By accessing the Service, creating an account, or using the Service, you agree to these Subscription Terms.

1. Definitions

1. "Subscription" means a paid plan or offering selected at purchase (which may include, for example, web hosting and other subscription products) for the subscription term shown in your invoice, receipt, or Client Area.
2. "Service" means the TFDi Design services and functionality that we make available to you as part of your active Subscriptions, including any features, functionality, and documentation associated with those Subscriptions.
3. "Account" means your user account credentials that enable access to the Services.
4. "Client Area" means your customer portal where you manage billing, subscriptions, and account settings.
5. "UGC" or "User-Generated Content" means content, data, files, text, or other materials that you submit to, upload to, or generate in the Services.

2. Eligibility and Account Responsibilities

1. Eligibility

   You represent that you have the legal authority to enter into this Agreement.

2. Account Security

   You are responsible for maintaining the confidentiality of your Account credentials and for all activity under your Account.

3. No Credential Sharing

   You must not share your Account credentials or otherwise provide third-party access to any Service unless expressly permitted by the applicable Subscription.

3. Subscriptions, Term and Renewal

1. Term as Subscribed

   Each Subscription begins on the effective date shown for that Subscription and continues for the subscription term you selected (monthly, three (3) months, semi-annual, or annual), unless ended earlier under these Subscription Terms or the relevant subscription materials.

2. Automatic Renewal

   If enabled for a Subscription, it will automatically renew for the next term unless you cancel or set non-renewal through the Client Area before the renewal effective date.

4. Cancellation / Non-Renewal

1. Cancellation Method

   You may cancel or set non-renewal through the Client Area.

2. Cancellation Timing Options

   When cancelling a Subscription in the Client Area, you may be offered one of the following options (as applicable to your Subscription):

   1. Immediate cancellation: the cancelled Subscription ends immediately upon completion of the cancellation in the Client Area; or
   2. End of billing period: the cancelled Subscription continues until the end of the current billing period / renewal date.

   Choose the desired option at the time you cancel that Subscription.

3. Non-Renewal

   If you select non-renewal for a Subscription, that Subscription ends at the end of its current billing period / term.

4. Fees

   Unless required by applicable law, cancellation does not entitle you to refunds for amounts already paid.

5. Fees, Payment, Taxes

1. Fees

   You agree to pay the fees listed for each Subscription at the time of purchase.

2. Automatic Charges

   If enabled for your Subscriptions, we (or our payment processor) will automatically charge your selected payment method at the start of each renewal term for each applicable Subscription.

3. Taxes

   Fees may include applicable taxes where required by law.

4. Payment Failures

   If payment fails, we may suspend access to the affected Subscription(s) until payment is successful, or terminate it in accordance with these Subscription Terms.

6. License to Access and Use the Services

1. License Grant

   Subject to your compliance with these Subscription Terms, we grant you a limited, non-transferable, non-exclusive right to access and use the Services for your active Subscriptions during their respective terms.

2. Restrictions

   You agree not to:

   1. copy, reproduce, distribute, resell, or make any Service available to any third party outside the rights granted by your Subscription;
   2. reverse engineer, decompile, disassemble, or attempt to derive source code or underlying structure;
   3. interfere with or disrupt the Services or attempt to gain unauthorized access;
   4. use the Services for unlawful purposes or in violation of applicable law;
   5. bypass or circumvent access controls or usage limits that are part of any Subscription.

7. Service Changes and Availability

1. As Available

   The Services are provided on an “as available” basis.

2. Maintenance

   We may perform scheduled or emergency maintenance that may affect availability of some or all Services.

3. Changes

   We may modify or discontinue features of any Service as reasonably necessary for security, legal, operational, or product reasons.

8. User-Generated Content (UGC)

1. Your Responsibilities

   You are solely responsible for the UGC you submit in connection with any Service and for ensuring it complies with applicable law and these Subscription Terms.

2. License to Us

   You grant TFDi Design a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and process UGC solely to operate, provide, and improve the Services.

3. Content Standards

   You must not submit UGC that is unlawful, infringing, harmful (including malware), or violates the rights or privacy of others.

4. Moderation (Complaint-Driven)

   We do not generally pre-screen UGC. We may review and remove, or disable access to, UGC that is pointed out to us by a report/notice or that we reasonably determine violates these Subscription Terms, the law, or creates a security risk.

5. Infringement Claims

   If you believe UGC infringes intellectual property rights, notify us with sufficient detail for evaluation. We will review and, where appropriate, take action consistent with applicable law.

6. Suspension/Termination for UGC

   We may suspend or terminate access to the affected Subscription(s) or your Account if we reasonably believe your UGC or conduct violates these Subscription Terms.

9. Suspension and Termination

1. Suspension or Termination

   We may suspend or terminate access to any Subscription(s) if you materially breach these Subscription Terms, misuse the Services, violate applicable law, or if we reasonably believe your Account presents a security or fraud risk.

2. No Refunds (Except Where Required)

   Unless required by applicable law, amounts paid are non-refundable.

3. Survival

   Sections that by their nature should survive termination of this Agreement and/or any Subscription will survive, including Sections 1 (Definitions), 6 (License/Restrictions) to the extent applicable after termination, 8 (UGC) to the extent applicable, 10 (Warranty Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), 13 (Arbitration Agreement), 14 (Severability; Waiver; Entire Agreement), 15 (Notices), and 16 (Changes to these Subscription Terms), and any other provisions intended to survive.

10. Warranty Disclaimer

Except as expressly provided in a written agreement signed by TFDi Design Co., the services, software, and website are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, TFDi Design Co. disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. TFDi Design Co. does not warrant that the services, software, or website will be uninterrupted or error-free, that any defects will be corrected, or that the services, software, or website are free of viruses or other harmful components.

11. Limitation of Liability

To the maximum extent permitted by law, TFDi Design Co. and its affiliates, officers, directors, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to:

1. Your use of or inability to use the services, website, or software;
2. Any third-party content or services; or
3. Any breach of this agreement, even if advised of the possibility of such damages.

TFDi Design Co.'s total liability for all claims arising out of or relating to this agreement or the services, website, or software will not exceed the amounts you paid to TFDi Design Co. for the applicable subscription or license preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless TFDi Design Co. and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

1. Your use of the services, website, or software in violation of this Agreement (including any violation of applicable law);
2. Your "User Content" (including any claim that "User Content" infringes, misappropriates, or violates any right of any person or entity). "User Content" means any data, text, images, files, materials, or other content that you create, upload, import, submit, transmit, store, or otherwise make available through or in connection with the Software or Services. "User Content" does not include the Software, documentation, or other materials provided by TFDi Design Co.; and
3. Your violation of any intellectual property rights, confidentiality obligations, or security requirements.

TFDi Design Co. will provide you notice of such claims (to the extent legally permitted), and you will control the defense and settlement of such claims, provided that TFDi Design Co. may participate in the matter at its own expense and you may not settle any claim in a manner that imposes an admission of fault or liability on TFDi Design Co. without TFDi Design Co.'s prior written consent.

13. Arbitration Agreement

Please read this section carefully. It requires disputes to be resolved by binding arbitration and limits the ability to pursue claims in court, including as a part of a class action.

1. Agreement to Arbitrate

   Except as provided in Section 13(d) (Small Claims) and 13(e) (Court for Injunctive Relief), you and TFDi Design Co. agree that any dispute, claim, or controversy arising out of or relating to this Agreement, your use of the services, website, or software, or any aspect of the relationship will be resolved by binding arbitration on an individual basis.

   This arbitration agreement is intended to be enforced to the maximum extent permitted by law.

2. Arbitration Rules and Administrator

   The arbitration will be conducted by JAMS under its applicable rules and procedures, as modified by this Section. The arbitration will be conducted by a single arbitrator.

3. Seat, Governing Law, and Procedure

   The arbitration will take place in Florida, USA. The arbitrator will apply Florida law (without regard to conflict-of-law rules). The Federal Arbitration Act (FAA) will govern the interpretation and enforcement of this arbitration agreement to the extent applicable.

   The arbitrator may award any relief permitted by this Agreement and by applicable law.

4. Small Claims Carve-Out

   Either party may bring an individual lawsuit in small claims court in Florida to the extent the dispute qualifies for small claims jurisdiction. This does not allow class or representative actions.

5. Injunctive/Equitable Relief Carve-Out

   Notwithstanding the agreement to arbitrate, either party may seek injunctive or other equitable relief in a court of competent jurisdiction for:

   1. alleged infringement, misappropriation, or violation of intellectual property rights; or
   2. enforcement of confidentiality obligations; or
   3. preventing unauthorized access to accounts or systems.

   Any such court action will not be considered a waiver of arbitration of the remaining claims.

6. Class Action Waiver

   You and TFDi Design Co. agree that each of us may bring disputes against the other only in an individual capacity, and not as a plaintiff or class member in any class action, collective action, or representative action.

   The arbitrator may not conduct any class, collective, or representative proceeding, and the parties agree that no such proceeding may be brought in court or arbitration.

7. Attorney's Fees

   Unless prohibited by applicable law, the arbitrator may award reasonable attorney's fees and costs to the prevailing party (or as otherwise provided under applicable law).

8. Opt-Out

   You may opt-out of arbitration within 30 days of first accepting these terms by emailing [email protected]

14. Severability; Waiver; Entire Agreement

If any provision of this Agreement (including the arbitration clause) is rendered or deemed unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Failure to enforce any provision is not a waiver. This Agreement (including policies incorporated by reference) is the entire agreement between you and TFDi Design Co. regarding its subject matter and supersedes prior or contemporaneous agreements.

15. Notices

Any notices required or permitted under this Agreement must be in writing and delivered by email to: [email protected] Notices will be deemed received:

• upon confirmation of transmission by the sender's email system;
• upon the date the email is shown as delivered by the recipient's email system, provided that notices sent to [email protected] after 5:00 p.m. Eastern Time (ET) will be deemed received on the next business day.

16. Changes to these Subscription Terms

We may update these Subscription Terms from time to time. The updated version will be posted in the Client Area and/or on our Legal page. If required by law, we will provide notice of material changes. Continued use of any Subscription after changes become effective constitutes agreement to the updated terms.