Terms of Service

1. Acceptance of Terms

By using the services, you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you are using the services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms.

2. Modifications

These terms may be revised from time to time, with the most current version provided to you. By continuing to use the services after revisions become effective, you agree to be bound by the updated terms. If you do not agree, you must discontinue use of the services.

3. Using the Services

You may use the services only in compliance with these terms and all applicable laws. When using the services, you must not:

• Violate any applicable law or regulation.

• Distribute viruses, malware, or any harmful software.

• Interfere with or disrupt any user or service (including, but not limited to, sending viruses, overloading, flooding, spamming, or mail-bombing).

• Use the services for any unauthorized or illegal purposes.

4. Content

You are responsible for your use of the services and any consequences thereof, including the use of your content by others. You acknowledge that your content may be used by third parties or partners. If you do not have the right to submit content for such use, you may be subject to liability. KRUPITSKY is not responsible for any use of your content made in accordance with these terms.

5. Intellectual Property

All materials created by KRUPITSKY are guaranteed to be free from third-party intellectual property claims. Upon full payment, ownership of the final designs transfers to the Client, granting unrestricted use. KRUPITSKY retains the right to use the designs for self-promotion, including but not limited to portfolios, publications, and submissions.

6. Compensation

Payment for services is due within 15 days of the invoice date. If payment is not received by the due date, a non-compounding 5% late fee will be applied to the outstanding balance the following day and each month thereafter. Failure to remit payment on time may result in suspension or termination of services. KRUPITSKY is responsible for all applicable taxes related to the services performed. All payments must be made via credit/debit card or bank transfer, and the Client is responsible for any transaction fees incurred.

7. Disclaimers

Services are provided “as is.” KRUPITSKY, its suppliers, and licensors disclaim all warranties of any kind, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither KRUPITSKY nor its suppliers or licensors warrant that the services will be error-free or that access will be continuous or uninterrupted.

8. Limitation of Liability

In no event will KRUPITSKY or its suppliers be liable under any legal theory for:
(i) any special, incidental, or consequential damages;
(ii) the cost of procuring substitute services;
(iii) interruption of use or loss of data.

9. General Representation and Warranty

You represent and warrant that:
(i) your use of the services will comply with these Terms of Service and all applicable laws and regulations; and
(ii) your use of the services will not infringe or misappropriate the intellectual property rights of any third party.

10. Indemnification

You agree to indemnify and hold harmless KRUPITSKY, its contractors, licensors, and their respective directors, officers, employees, and agents from any claims and expenses, including attorneys’ fees, arising from your use of the services, including but not limited to your violation of these terms.

11. Confidentiality

KRUPITSKY acknowledges that it may receive or have access to proprietary information relating to your business, products, vendor lists, marketing strategies, and other confidential information. KRUPITSKY agrees to protect the confidentiality of such proprietary information. Unless strict confidentiality is specifically requested in writing, KRUPITSKY may use materials created as part of its portfolio.

12. Force Majeure

Neither party will be held liable for delays or failures due to events beyond reasonable control, including but not limited to natural disasters, pandemics, government restrictions, acts of war, terrorism, or other unforeseen events. The affected party must notify the other in writing as soon as possible and make reasonable efforts to resolve the issue within a reasonable timeframe.

13. Cancellation

Either party may terminate the service depending on the nature of the agreement. Upon cancellation, the responsible party must pay all expenses incurred and services provided up to that point. Full payment according to the agreed-upon terms must be made, and rights to all completed and paid-for services will be retained.