Logobean Terms & Conditions
Last Updated: 31/08/2022
1. Platform Purpose, Design Elements & Final Products
1.1 Platform Purpose
Cogesic Pty Ltd provides an online platform (Logobean) that enables a User to create and download Logos and various Design Assets. Users may use the Services provided to create, customise and/or select (including, without limitation, ANY interaction with the Design Process) Icons, Shapes, Colors, Fonts, Logo Information, Logo Themes, Mockup Imagery and Mockup Vectors (collectively the "Design Elements"), and from such actions derive "Final Products". Final Products may include, without limitation, Logos, Social Media Profiles & Covers, Logo Style Guides and Logo Mockup Graphics.
1.2 Purchased Final Products
If you want to use and/or download your Final Products for either commercial or personal use, you must pay all Applicable Fees required to satisfy a "Valid Purchase" (As defined and outlined in section 4.1), at the time of downloading a specific Final Product. You may continue to use a Final Product after a Valid Purchase. The use of a Final Product may concern both it's physical and digital applications for personal and commercial purposes.
1.3 Non-Purchased Design Elements and Final Products
At any stage during a User's interaction with our "Services" or "Site" we may present various different Design Elements (as defined in section 1.1) that may or may not be used to design the user's Final Product. You may not use, copy, download or distribute any of the these components for personal or commercial purposes. The User only has the license and right to download, use or copy a Final Product once the Applicable Fees have been paid in full.
1.4 Third Party Design Elements & Limitation of Liability
Logobean may use Design Elements acquired through various third party sites and services. This may include, without limitation, Design Elements acquired in the Public Domain (CC0) and through Stock Asset sites.
Before using and/or downloading ANY Final Product for personal or commercial use, it is the User's responsibility to perform their own due diligence on ALL of the Design Elements used to ensure that each individual Design Element is free of any adverse claims and is not subject to any rights of a third party. You shall abide by all copyright and trademark laws, notices and rules and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any Final Product in any way that violates any third party right or any applicable law, rule or regulation; unless written consent is provided. You acknowledge that Design Elements shown at any stage during the Design Process may have been licensed from a third party provider or sourced within the Public Domain (CC0). Under no circumstances will Cogesic be liable in any way for any Design Elements used within a Users Final Products, including, but not limited to, any loss or damage of any kind incurred as a direct or indirect result of their personal or commercial use. You agree that you must bear all risks associated with the use of any Design Element or Final Product, including, without limitation, the existence of any third party rights that may exist in such resources.
1.5 Non-exclusive Design Elements & Final Products
Design Elements and Final Products offered to Users through the Services and Site are provided on a non-exclusive basis. We therefore cannot guarantee that a Users Design Elements or Final Products will not be similar, or even identical, to the Design Elements or Final Products of other Users.
1.7 Final Product Changes
After a Valid Purchase has been made, you will not be able to change, alter or modify any of the related Final Products. Please contact us at firstname.lastname@example.org for more information and assistance regarding the changing, alteration or modifications of a Purchased Final Product.
2. Product & Service Information
2.1 Product Information
Throughout the Design Process you may provide information; including, without limitation, brand or logo names and taglines to influence the creation of your Final Products. You are legally responsible for all information that you provide. Cogesic holds no responsibility for the information that you provide during the Design Process and during the use of any of our Services. You agree that you are solely responsible for the accuracy and appropriateness of all the information that you provide to help create your Final Products. Cogesic will not be held liable and responsible for inaccurate information or any potential damages caused by such inaccuracies. You further understand that Cogesic may not maintain copies of files containing Design Elements and/or Final Products, and may decline at any stage a request to update any information.
2.2 License To Host
You hereby grant Cogesic a worldwide, royalty-free, non-exclusive license to host Final Products, and warrant that you have all the rights necessary to grant Us such license. You are solely responsible for any Final Products that may be lost and/or unrecoverable through your use of the Services. It is highly recommended that you back up your Final Products.
3. Intellectual Property
3.1 Your Final Products
Unless expressly stated otherwise by us in writing, and subject to the Logobean Terms and Conditions, including, without limitation, satisfying the requirements of a Valid Purchase, you will own your Final Products that you download. Our Services automatically generate your Final Products in accordance to the specified Design Elements. Accordingly, we hereby grant you all rights and title in and to your Final Products, provided that you agree to:
If you breach, or have breached the Terms & Conditions, including, without limitation, the subsections above, you must immediately cease all use of your Final Products, including anyone using any Final Product on your behalf.
Your downloaded Final Products, unless expressly stated otherwise by us in writing, and subject to the Logobean Terms and Conditions, including, without limitation, satisfying the requirements of a Valid Purchase, are yours to freely use for both non-commercial & commercial use, indefinitely. We, however, do not allow a User to download ANY Final Product if they do not, at the time of the download request, satisfy the requirements of a Valid Purchase. We take no responsibility and will not be liable for any, including, without limitation, damages, losses or expenses associated with the loss or misplacement of your Final Products. If you wish to apply for a trademark registration of your Final Products, you agree to do so at your own expense, and separate from our Services.
3.2 Our Website and Application
Unless explicitly stated otherwise by Us in writing, all of the information, content, Design Elements & Final Products available on our Website, in our Application, or through any of our Services that are not your Final Products or Design Elements, including, without limitation, Demo Brands, Sample Designs & Sample Design Elements are Cogesic's sole property, licensed to Cogesic from third party's or have been obtained within the Public Domain (CC0).
We do not grant you any rights to copyrights, patents, trademarks (regardless of their registration status), domain names, trade secrets, trade names or any other rights, functions or license concerning the Logobean Website, Services and Application, and we reserve all rights not expressly granted in the Terms.
Without limitation to the above paragraph, the Website’s trademarks (regardless of their registration status) and copyrights, Logobean's name and logos, and the Website’s domain name are the sole property of Cogesic. You may not use them, or any similar mark or text that may imply representation or ownership, without our prior express written consent.
3.3 Your Content
We do not claim any ownership over your Information, however, when you download any Final Product from the website, you represent and warrant that you do not violate any Logobean Terms & Conditions and any third party rights and trademarks.
Any content that you share with us through, but not limited to our Contact Us & Support webpage and email addresses, as well as any dialogue within the Application; whether self prompted or automatically prompted, requesting information relating to without limitation your account, designs, feedback, general support or contact; will be used for addressing your request, improving our Services and Website and/or legal defence, if and where applicable.
4. Fees, Refunds, Taxes & Chargebacks
In order to download and/or use ANY Final Product outside of the Site, for commercial or personal use and unless stated otherwise, the respective Applicable Fees must be paid in advance to satisfy a Valid Purchase. If you make and/or attempt to make a Valid Purchase, you agree to our third party service providers, storing and updating your payment card information. You expressly agree:
4.2 One-Off Fees & Refunds
One-Off Fees are non-recurring amounts payable to satisfy a Valid Purchase. One-Off Fees are non-refundable. If a User has reason to believe that they were charged in error, they may provide a written notice to our Customer Support (email@example.com) and request to cancel and/or refund their Fee. When eligible, Fee cancellation or refunds can be actioned by Customer Support only up to a period of 7 days from the Fee payment date, and only if the Final Products associated with the Fee have not been downloaded or used outside of the Site, whether for commercial or personal use (“One-Off Fee Refund Period”). We will have the right to not cancel Fees after the One-Off Fee Refund Period, or after a Final Product has been downloaded or used outside of the Logobean Site and/or Application. Our Customer Support team will assess Fee Cancellation eligibility based on a number of considerations including, without limitation, violations to our Terms and Conditions and improper usage of the Logobean Application.
4.3 Taxes & Currencies
All Fees on the Logobean Website & Application will be in U.S. Dollars, except when specifically stated otherwise in writing by Logobean. You have full and sole responsibility for all taxes and fees of any nature associated with, without limitation, our Fees, including, without limitation, any sales tax related to the purchase or sale of Final Products. When purchasing Final Products, it is your sole responsibility to assess and decide whether or not sales taxes apply to a Purchase, and to report and remit the required amounts to the appropriate authority. Logobean shall not be liable for any taxes or other fees to be paid in accordance with or related to the Purchase of Final Products.
If the User rejects the charge of the Fees payable (“Chargeback”), the action shall be considered a breach of the User Fee payment obligations, and a Valid Purchase will not be satisfied until the owing balance is corrected. In the instance of a Chargeback, the access and use of ANY Cogesic service, including, without limitation the Logobean Website and Application, will be revoked until the owing balance is corrected. We strictly prohibit the use of any Final Product associated with a Chargeback for personal or commercial use, until the owing balance is corrected and a Valid Purchase is satisfied.
Logobean reserves its right to dispute any Chargeback received, and to provide the relevant bank, financial institution or credit company with any information proving that the User is responsible for the applicable Fees and was responsible for authorizing the transaction to Logobean.
If you have any issues with a purchase, we encourage you to reach out to our Support Team prior to actioning a Chargeback.
5. Applicable Law
This Agreement will be interpreted and governed by the laws of the State of New South Wales, Australia. You hereby irrevocably acknowledge the exclusive jurisdiction of the courts of the State of New South Wales and of the federal courts located in Australia, with respect to any dispute in connection with this Agreement. It is prohibited to use the Services in any jurisdiction that does not give effect to all terms within this Agreement, including in particular this paragraph.
Cogesic DMCA (Digital Millennium Copyright Act) Policy
We take the intellectual property rights of others seriously and require that our Users do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through Cogesic's services, please send a notice that meets the minimum requirements of the DMCA, to firstname.lastname@example.org and we will take appropriate action.
DMCA notice requirements
Submissions under this DMCA Policy should be sent to email@example.com.
We will review your submission and take whatever action we deem appropriate under the DMCA, including removal of the challenged content from the website. Further more, we may, in appropriate circumstances, disable or terminate the accounts of users as indicated in the DMCA Workflow.