Terms of Service

Effective Date: September 1, 2025

These Terms of Service (the “Terms”) govern your access to and use of the DesignPartner App website, mobile applications, and related services (collectively, the “Services”), provided by DesignPartner App, LLC ( “DesignPartner App,” “we,” “us,” or “our”). By creating an account, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy (collectively, the “Agreement”). If you do not agree, do not use the Services.

Plain‑English summary: This is a legally binding contract. It explains your rights and responsibilities, our rights and responsibilities, and how disputes will be handled.

1. Definitions

• Account: A registered profile created by a person or entity to use the Services.

• User, you, or your: Any individual or entity that accesses or uses the Services, whether as a registered or unregistered user.

• Subscriber: A User who purchases a paid plan.

• Content: All information, data, text, images, files, and other materials submitted, uploaded, posted, stored, displayed, or otherwise provided via the Services by Users (“User Content”) or by DesignPartner App (“DesignPartner App Content”).

• Artwork: Any creative assets you upload, including (without limitation) designs, illustrations, patterns, photographs, and metadata describing them.

• Order Form: Any online checkout, in‑app purchase, or written order referencing a plan or add‑on, agreed by you and DesignPartner App.

2. Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use the Services. If you access the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to this Agreement.

3. Changes to the Services and the Terms

We may modify the Services, our pricing, and these Terms at any time. Material changes will be effective upon posting or as otherwise stated. We will provide notice of material changes (e.g., via email, in‑app notice, or on our website). Your continued use after changes become effective constitutes acceptance of the updated Terms.

4. Accounts; Security

You agree to (a) provide accurate, current, and complete Account information; (b) maintain and promptly update such information; (c) maintain the confidentiality of your credentials; and (d) accept responsibility for all activities under your Account. You will promptly notify us of any suspected unauthorized access or security incident.

We may suspend or terminate your Account if we reasonably believe you have violated the Agreement or present a security or legal risk.

5. User Content & Licenses

5.1 Ownership

As between you and DesignPartner App, you own your User Content and Artwork. Nothing in these Terms transfers ownership of your Content to us.

5.2 Limited License to DesignPartner App

Solely to operate, maintain, and improve the Services, you grant DesignPartner App a worldwide, non‑exclusive, royalty‑free license to host, store, reproduce, display, and process your User Content and Artwork, including to back up and diagnose issues, provide customer support, and enable features you select (e.g., portfolio sharing, contact sharing, pitch PDFs). This license terminates when you delete the Content from the Services or close your Account, subject to reasonable backup, archival, and audit retention.

5.3 Your Responsibilities

You are solely responsible for your User Content, including ensuring (a) you have all necessary rights to upload and use it; (b) it does not infringe or violate any third‑party rights or laws; and (c) it complies with this Agreement.

6. Prohibited Conduct & Content Standards

You agree not to:

• Use the Services for unlawful, harmful, deceptive, infringing, or abusive activities;

• Attempt to gain unauthorized access to the Services or related systems;

• Interfere with or disrupt the integrity or performance of the Services;

• Copy, scrape, crawl, or index the Services or underlying code except as permitted by law;

• Upload or share Content that is illegal; infringes intellectual‑property, privacy, or publicity rights; contains malware; or is defamatory, obscene, harassing, hateful, or otherwise objectionable;

• Misrepresent your identity or affiliation, or impersonate any person or entity;

• Use the Services to exploit or harm minors;

• Compete with the Services by training models or building datasets from User Content, except as expressly permitted by written agreement.

We may remove or restrict Content or Accounts that violate this Agreement.

7. Intellectual Property; DMCA

The Services, DesignPartner App Content, and our trademarks, logos, and brand features are owned by DesignPartner App or its licensors and are protected by intellectual‑property laws. Except for the limited rights expressly granted, DesignPartner App reserves all rights.

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA). To submit a notice or counter‑notice, contact us at [email protected] with the information required by 17 U.S.C. §512.

8. Subscriptions, Trials, Taxes, and Fees

8.1 Plans & Billing

Access to certain features requires a paid subscription. Prices, plan features, and limits are shown at checkout or in an Order Form. Fees are billed in advance and are non‑refundable except as required by law or expressly stated in an Order Form.

8.2 Free Trials

If we offer a free trial, trial length and terms will be shown at sign‑up. At the end of a trial, your subscription will renew automatically at the then‑current price unless you cancel before the trial ends. We may require a valid payment method to start a trial and may cancel a trial for suspected abuse.

8.3 Renewals & Cancellations

Subscriptions renew automatically for successive periods (e.g., monthly) unless cancelled. You can cancel at any time, and your access will continue through the end of the current paid term. No refunds or credits for partial periods.

8.4 Taxes

Fees are exclusive of taxes. Where required, we will collect applicable sales/VAT/GST and remit as required by law based on your billing address or place of supply. You are responsible for any other taxes related to your purchases and use of the Services.

8.5 Changes to Fees

We may change pricing or plan features upon notice. Fee changes apply at the next renewal term unless otherwise agreed.

9. Third‑Party Services

The Services may interoperate with or link to third‑party products (e.g., Stripe, social networks, file storage). Your use of third‑party services is governed by their terms, not ours. We are not responsible for third‑party services and do not endorse them.

10. Confidentiality

We will treat your non‑public Content as confidential and use it only to provide the Services and as permitted by this Agreement. We implement commercially reasonable administrative, technical, and physical safeguards. However, you acknowledge that no method of transmission or storage is perfectly secure.

11. Privacy

Our Privacy Policy explains how we collect, use, and share personal data. By using the Services, you consent to our data practices. If you process personal data through the Services, you represent that you have provided all necessary notices and obtained all necessary consents.

12. Service Availability and Support

We aim to provide reliable, continuous access, but the Services may be unavailable from time to time due to maintenance, upgrades, or events beyond our control. We will use reasonable efforts to notify Subscribers of scheduled maintenance.

13. Suspension & Termination

We may suspend or terminate your access immediately if: (a) you materially breach this Agreement; (b) you fail to pay fees; (c) we are legally required to do so; or (d) your use poses a security or operational risk. Upon termination, your right to use the Services ceases. We may retain backups for a limited period and will delete them pursuant to our data‑retention schedules.

You may terminate at any time by cancelling your subscription and ceasing all use. Sections that by their nature should survive (e.g., ownership, confidentiality, warranty disclaimers, limitations of liability, indemnities, dispute resolution) will survive termination.

14. Warranties; Disclaimers

You represent that you have all necessary rights to your Content and that your use of the Services will comply with this Agreement and applicable laws.

THE SERVICES AND DESIGNPARTNER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR‑FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESIGNPARTNER AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO DESIGNPARTNER IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations; in such cases, liability will be limited to the maximum extent permitted by law.

16. Indemnification

You will defend, indemnify, and hold harmless DesignPartner App, its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content; (b) your use of the Services; (c) your violation of this Agreement; or (d) your violation of any law or third‑party right.

17. Dispute Resolution; Arbitration; Class‑Action Waiver

17.1 Informal Resolution. Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally.

17.2 Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will take place in Benton County, Arkansas (or your county of residence for claims under $25,000), or by video/telephone at the arbitrator’s discretion.

17.3 Class‑Action Waiver. YOU AND DESIGNPARTNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17.4 Opt‑Out. You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to [email protected].

18. Governing Law; Venue

This Agreement is governed by the laws of the State of Arkansas, without regard to conflict‑of‑law rules, except that the Federal Arbitration Act governs Section 17. Subject to Section 17, the exclusive venue for disputes will be the state and federal courts located in Benton County, Arkansas, and you consent to personal jurisdiction there.

19. Export & Sanctions Compliance

You agree to comply with U.S. and international export control and sanctions laws. You represent that you (a) are not located in a restricted country and (b) are not a denied party under applicable sanctions lists.

20. Beta Features

We may offer features labeled “beta,” “preview,” or similar. Beta Features are provided as‑is, may be modified or discontinued at any time, and are excluded from any service‑level commitments.

21. Notices

We may provide notices via email, in‑app messaging, or by posting to our website. Your notices to us must be sent to [email protected]

22. Assignment

You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of assets.

23. Entire Agreement; Severability; Waiver

This Agreement is the entire agreement between you and DesignPartner App regarding the Services and supersedes all prior or contemporaneous agreements on the subject. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver.

24. Contact

DesignPartner App, LLC
604 SE 3rd St.
Bentonville, Arkansas 72712
Email: [email protected]
Website: www.designpartnerapp.com

Privacy Policy

Effective Date: September 1, 2025

DesignPartner App, LLC (“DesignPartner App,” “we,” “us,” or “our”) respects your privacy. This Privacy Policy explains how we collect, use, share, and protect personal information when you use our website www.designpartnerapp.com , mobile applications, and related services (collectively, the “Services”).

1. Information We Collect

• Account Information: Name, email, password, and billing details when you create an account.

• Payment Information: Processed securely through our payment provider (e.g., Stripe). We do not store full credit card numbers.

• Content You Provide: Artwork, designs, files, and other materials uploaded through the Services.

• Usage Information: Log data, device details, IP address, and browser information.

• Cookies & Analytics: See our Cookie Policy below.

2. How We Use Your Information

• To provide, maintain, and improve the Services.

• To process payments, renewals, and trials.

• To communicate with you about your account, support requests, and important updates.

• To send optional marketing emails (you may unsubscribe at any time).

• To protect against fraud, abuse, and security risks.

3. Sharing of Information

We do not sell your personal data. We share limited information with:

• Service Providers: Payment processors, hosting, analytics, and customer support platforms.

• Legal & Compliance: If required by law, regulation, or legal process.

• Business Transfers: If we merge, sell, or reorganize, your information may be transferred to the new entity.

4. Your Rights

Depending on your location, you may have rights to:

• Access, update, or delete your personal information.

• Request a copy of your data.

• Object to or restrict processing.

• Withdraw consent (where applicable).

To exercise rights, email us at [email protected] .

5. Data Retention

We retain data for as long as needed to provide Services, comply with legal obligations, or resolve disputes.

6. Security

We use industry-standard safeguards (encryption, access controls, monitoring) to protect your data. However, no method of transmission is 100% secure.

7. International Users

If you access the Services from outside the United States, you consent to your data being processed in the U.S.

8. Changes to this Policy

We may update this Privacy Policy from time to time. Material changes will be communicated via email or notice in the app.

9. Contact Us

DesignPartner App, LLC
604 SE 3rd St.
Bentonville, AR 72712
Email: [email protected]

Refunds & Fulfillment (DesignPartner App, LLC)

Effective Date: September 1, 2025

Delivery: Access to DesignPartner App is provisioned digitally immediately upon successful payment or trial activation. A confirmation email with access instructions is sent to the address on file.

Trials: 

Free trials (if offered) begin at the time of activation and run for the stated number of days. Unless you cancel before the trial ends, your subscription automatically converts to a paid plan at the then‑current price. We may require a valid payment method to start a trial. We send at least one reminder before a trial ends.

Refunds: 

Except where required by law, fees are non‑refundable. Trial conversions are not eligible for refunds once the paid term begins.

Cancellations: 

You can cancel at any time from your account settings or by contacting support. Service remains active through the end of the current billing period. No prorated credits are issued for partial periods.

Access & Activation: 

If payment fails, we may suspend access until the payment method is updated. We will restore access promptly once payment is confirmed.

Taxes: 

Prices are exclusive of taxes. Applicable sales/VAT/GST will be calculated at checkout based on your billing address and collected where required.

Support: 

Email: [email protected].

Business address: 604 SE 3rd St., Bentonville, AR 72712.

Cookie Policy

Effective Date: September 1, 2025

DesignPartner App, LLC (“DesignPartner App”) uses cookies and similar technologies on our website and apps to improve your experience, analyze traffic, and support core functionality.

1. What Are Cookies?

Cookies are small text files placed on your device when you visit a website. They allow us to recognize your browser and remember certain information.

2. Types of Cookies We Use

• Essential Cookies: Required for core site features such as login and checkout.

• Performance & Analytics Cookies: Help us understand how users interact with our Services (e.g., Google Analytics).

• Functional Cookies: Remember your preferences (such as language or display settings).

• Marketing Cookies: Used if we run ads or campaigns to measure effectiveness (not required for basic site use).

3. Managing Cookies

Most web browsers let you control cookies through settings. You can refuse or delete cookies, but some features of our Services may not function properly without them.

4. Third-Party Cookies

Some cookies come from third-party providers (e.g., analytics, payment processors). These are subject to their own privacy policies.

5. Updates to this Policy

We may revise this Cookie Policy periodically. Changes will be posted on this page with an updated effective date.

6. Contact Us

If you have questions about our use of cookies, contact us at [email protected]