Terms of Use

This Terms of Use Agreement (the "Agreement") represents a legally binding contract between André Erbis, an individual, and the client, either personally or on behalf of an entity ("Client"), concerning access to and use of the Space Codes website: spa.ce.codes (the "Website") and any other associated media form, channel, mobile website, or mobile application. If the Client fails to agree to and follow all terms, conditions, and obligations outlined in this Agreement, they are expressly forbidden from using the Website and must cease its use immediately. Following this, the relationship between the Client and Space Codes will end and have no further effect, except for the Client's ongoing obligation to pay Space Codes for any services provided.

1. Intellectual Property Rights

Unless otherwise stated, the Website is owned by Space Codes, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any kind and format (collectively or individually, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned and controlled by Space Codes. They are protected by copyright and trademark laws, as well as any other applicable intellectual property laws or regulations of Germany, foreign jurisdictions, and international conventions. The Content and Marks are provided "As-Is" for your information and personal use only. Without Space Codes's express prior written permission, no part of the Website or Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose. Space Codes reserves all rights related to the Website, Content, and Marks.

2. Ownership of Materials and Codes

Despite Space Codes's ownership of Submissions as outlined in Paragraph 4 ("Client Feedback"), all original source files created for the Client ("Projects") belong to the Client, and the Client will be the sole copyright owner of all Projects. If any law causes Space Codes to own a Project, in whole or in part, instead of the Client, Space Codes irrevocably and permanently assigns its entire interest in the Project to the Client without limitation. The Client guarantees that any materials provided to Space Codes as examples or to be incorporated into a project during the work process are owned by the Client and do not infringe upon or misappropriate any third party's rights, including but not limited to intellectual property rights and rights of publicity. Space Codes always retains the right to publicly share the Client's work (e.g., on social media, websites) unless agreed otherwise as stated in section 18 of this document.

3. Third-Party Fonts

If any Project includes fonts not owned by Space Codes that necessitate a commercial license for the Client to lawfully reproduce, distribute, or publicly display the Project ("Third-Party Font(s)"), Space Codes will notify the Client in writing about the inclusion of one or more Third-Party Fonts in the Project and the need for the Client to obtain the required licenses from the respective rights-holder(s) to legally use the Project. This notice will contain sufficient information for the Client to identify the necessary licenses and whom to contact to acquire them. As long as Space Codes has informed the Client about the use of Third-Party Fonts as mentioned above, the Client assumes all responsibility for any consequences resulting from the failure to obtain the required licenses for any Third-Party Fonts used in a Project.

4. User Representations

By using the Website, the Client represents and warrants that: they have the legal capacity and agree to comply with these Terms of Use; they are not a minor in their jurisdiction of residence; they will not access the Website through automated or non-human means; they will not use the Website for any illegal or unauthorized purpose; their use of the Website will not violate any applicable laws or regulations.

5. Prohibited Activities

The Client must only access or use the Website for its intended purposes. The Website may not be utilized for any commercial activities unrelated to the work performed by Space Codes on the Client's behalf. Additionally, the Client agrees not to engage in the following actions: make any unauthorized use of the Website; retrieve data or content to create or compile a database or directory; bypass, disable, or interfere with security features on the Website; engage in unauthorized framing or linking to the Website; deceive, defraud, or mislead Space Codes or other users; interfere with, disrupt, or place an undue burden on the Website or Space Codes's networks or servers; use the Website to compete with Space Codes; decipher, decompile, disassemble, or reverse engineer any software comprising or related to the Website; bypass any measures designed to prevent or restrict access to the Website or any part thereof; harass, annoy, intimidate, or threaten any employees, independent contractors, or agents providing services through the Website; remove copyright or other rights notices from any Content; copy or adapt the Website's software; upload or transmit, or attempt to do so, viruses, Trojan horses, or other harmful material that interferes with any party's use of the Website, or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Website; upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism; disparage, tarnish, or harm Space Codes in any way; use the Website in a manner inconsistent with any applicable laws, statutes, or regulations.

6. Client Feedback

The Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submissions (each a "Submission") will be the exclusive property of Space Codes, and Space Codes is not obligated to maintain the confidentiality of a Submission or take measures to ensure its confidentiality. Space Codes will solely and exclusively own all rights related to the Submission, except as granted to the Client under Paragraph 2 ("Ownership of Materials"), and may use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation to the Client, at its sole and unrestricted discretion. The Client agrees that they have the right to provide the Submission, and they hereby waive all claims and recourse against Space Codes for its use of the Submission according to these terms and at its sole discretion in the future.

7. Management and Oversite

Space Codes reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to any violation of the Terms of Use or any applicable laws, statutes, or regulations. Space Codes further reserves the right to restrict or deny access to the Website or disable the Client's use of the Website, at its sole discretion, without notice or liability to the Client. All decisions regarding the management of the Website are at the sole discretion of Space Codes and are intended to protect Space Codes's rights and property.

8. Privacy Policy

By using the Website, the Client agrees to be bound by and abide by the Privacy Policy and the terms set forth therein, which are adopted and incorporated into these Terms of Use. The Website is hosted in Germany. Accessing the Website from the US, Asia, or other regions may result in the applicability of laws, statutes, or regulations that differ from those in Germany, which govern personal data collection, use, or disclosure. The Client's continued use of the Website and the transfer of data to Germany constitutes their express consent to the transfer and processing of data in Germany. Space Codes does not knowingly collect or solicit information from individuals under 18 years of age. In accordance with Germany's Children's Online Privacy Protection Act, upon receiving actual knowledge that an individual under 13 years of age has provided personally identifiable information to Space Codes without parental consent, Space Codes will delete that information as soon as reasonably possible.

9. Returns and Refunds

Space Codes reserves the right to deny refunds at its own discretion and without notice or liability to the Client. Refund requests are evaluated on a case-by-case basis. If the Client requests a refund during the first month of use, all materials and codes produced by Space Codes remain the company's property, and the Client is prohibited from using them in any manner. Space Codes reserves the right to take appropriate legal action against the Client for breach of this paragraph.

10. Modification

Space Codes reserves the right to change, alter, modify, amend, or remove any content or aspect of the Website for any reason at its sole discretion. Space Codes also reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.

11. Connection Interruptions

Space Codes does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruptions, delays, or errors beyond Space Codes' control. The Client agrees that Space Codes shall not be liable for any loss, damage, or inconvenience caused by the Client's inability to access or use the Website during any interruption in the connection or service.

12. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Berlin, Germany, without regard to conflict of law principles.

13. Litigation

Any legal action of whatever nature shall be brought in the courts of Berlin, Germany. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction.

14. Disclaimer

The Website is provided on an as-is, as-available basis. The Client agrees that its use of the Website and Services is at the Client's sole risk. Space Codes disclaims all warranties, express or implied, in connection with the Website and the Client's use thereof, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Space Codes makes no warranties or representations about the accuracy or completeness of the Website's content or any content on websites linked to the Website, and assumes no liability for any errors, mistakes, or inaccuracies in content and materials, personal injury, or property damage, unauthorized access to or use of Space Codes' secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like transmitted to or through the Website by any third party, and/or any errors or omissions in content and materials or for any loss or damage incurred as a result of using any content posted, transmitted, or made available through the Website. Space Codes does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.

15. Limitations of Liability and Indemnification

Space Codes and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures, or other damages or losses resulting from the Client's use of the Website. The Client agrees to defend, indemnify, and hold harmless Space Codes and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) the use of the Website; (2) breach of these Terms of Use; (3) any breach of the Client's representations and warranties set forth herein; (4) the Client's violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Space Codes reserves the right, at the Client's expense, to assume control and defense of any matter for which the Client shall be required to indemnify Space Codes hereunder. The Client agrees to cooperate with the defense of such claims.

16. User Data

The Client is solely responsible for all data transmitted to or relating to any activity the Client has undertaken using the Website. Space Codes shall have no liability to the Client for any loss or corruption of any such data, and the Client hereby waives any right of action against Space Codes from any such loss or corruption.

17. Electronic communications, transactions, and signatures

The Client hereby consents to receive electronic communications from Space Codes, and the Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. The Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Space Codes 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 or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

18. Showcasing Design Work

Space Codes retains the right to showcase work on digital platforms, including social media, websites, and so on, unless otherwise agreed upon. The Client has the option to establish a Non-Disclosure Agreement (NDA) with Space Codes, which would nullify Space Codes' ability to publicly share or discuss the Client's work.

19. Miscellaneous

These Terms of Use and any policies posted on the Website or concerning the Website represent the complete agreement and understanding between the Client and Space Codes. Space Codes' failure to exercise any right or provision of these Terms of Use does not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is deemed unlawful, void, or unenforceable, that provision will be severed from these Terms of Use without affecting the validity or enforceability of the remaining provisions. Nothing in these Terms of Use, the Privacy Policy, or on the Website should be interpreted as creating a joint venture, partnership, employment, or agency relationship between the Client and Space Codes.

20. Contact Information

For any questions or concerns regarding the Website, please contact Space Codes at sp@ce.codes.