I. Agreement to Terms

These Terms of Service constitute a legally binding agreement (the “Agreement”) made between you, whether personally or on behalf of an entity (“you” or “User”), and Alex de Borba (“I,” “me,” “my,” or the “Owner”), concerning your access to and use of the website https://alexdeborba.com as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” and the “Services”).

By accessing or using the Site and the Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and the Services and you must discontinue use immediately.

I reserve the right, in my sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. I will alert you about any changes by updating the “Last Updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. Your continued use of the Site after the date such revised Terms of Service are posted will be deemed to be an acceptance of the changes.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

II. Intellectual Property Rights

Unless otherwise indicated, the Site and the Services are my proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by me or licensed to me, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without my express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited, non-exclusive, revocable, and non-transferable license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. I reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

A. Ownership of Work Product

For Services purchased by you, upon my receipt of your full and final payment, I will assign to you all rights, title, and interest in the final, delivered work product specified in the service description (the “Deliverable”). This includes, but is not limited to, written articles, documentation, and commissioned artwork.

Prior to full payment, I retain all rights to any and all work product. I reserve the perpetual, worldwide right to display any and all work product, including preliminary and final Deliverables, in my professional portfolio, on this Site, on social media, and in other marketing materials for self-promotional purposes.

III. User Representations and Responsibilities

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Service; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise, except as may be the result of standard search engine or Internet browser usage; (4) you will provide accurate and complete information and keep it secure; and (5) your use of the Site will not violate any applicable law or regulation.

You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password and other authentication credentials. I am not liable for any acts or omissions by you in connection with your account.

IV. Prohibited Activities

You may not access or use the Site for any purpose other than that for which I make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by me. As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from me.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Circumvent, disable, or otherwise interfere with security-related features of the Site.
• Engage in unauthorized framing of or linking to the Site.
• Trick, defraud, or mislead me or other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of my support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site.
• Disparage, tarnish, or otherwise harm, in my opinion, me and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Impersonate another person or provide inaccurate information.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Infringe upon or violate my intellectual property rights or the intellectual property rights of others.

V. Services, Purchases, and Payments

I offer specialized content creation and artistic commission services (“Services”) for purchase on the Site, as described in the “Specialized Content” and art gallery sections.

A. Service Descriptions and Quotes

The scope of each Service, including but not limited to word counts, number of revisions, and specific features, is detailed on the Site. For services such as “Documentation” or art commissions, a final price will be provided in a formal quote after you submit an inquiry. All quotes are valid for a period of thirty (30) days unless otherwise specified. By requesting a Service, you agree to the scope and pricing as listed on the Site or provided in your quote.

B. Payments

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that I can complete your transactions and contact you as needed.

All payments shall be in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases, and you authorize me to charge your chosen payment provider for any such amounts upon placing your order or as otherwise agreed upon in your quote. I reserve the right to correct any errors or mistakes in pricing, even if I have already requested or received payment.

C. Revisions and Acceptance

The number of revision rounds included in each Service is specified in the service description. Additional revisions beyond the included number may be subject to additional fees. A revision round consists of a single set of requested changes provided by you. You are responsible for providing clear, consolidated feedback for each revision round. The final Deliverable will be considered accepted by you if I do not receive a request for revision or other communication from you within seven (7) business days of delivery.

D. Client Responsibilities

To ensure the timely and successful completion of Services, you agree to provide all necessary information, materials, and feedback in a timely manner. Delays in providing necessary inputs may result in a corresponding delay in the delivery of the final work product.

E. Refunds

Due to the custom nature of the Services provided, all sales are final and no refunds will be issued once work has commenced on your project.

VI. Third-Party Websites and Content

The Site may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by me, and I am not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.

VII. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, I RESERVE THE RIGHT TO, IN MY SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. I MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN MY SOLE DISCRETION.

VIII. Disclaimer of Warranties

THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND MY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE.

IX. Limitation of Liability

IN NO EVENT WILL I OR MY AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ME. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

X. Indemnification

You agree to defend, indemnify, and hold me harmless, including my agents, 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) your use of the Site; (2) your breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

XI. Governing Law and Dispute Resolution

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a “Dispute” and collectively, the “Disputes”) brought by either you or me, the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

XII. Miscellaneous

These Terms of Service and any policies or operating rules posted by me on the Site constitute the entire agreement and understanding between you and me. My failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and me as a result of these Terms of Service or use of the Site.

XIII. Privacy Policy

I care about data privacy and security. Please review my Privacy Policy. By using the Site, you agree to be bound by my Privacy Policy, which is incorporated into these Terms of Service.

XIV. Contact Me

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact me at:

• Name: Alex de Borba
• Email for Privacy Inquiries: mail@alexdeborba.com