Terms of Service

1. Modification of Terms

These Terms, or any part of them, may be modified by us, including the addition or removal of terms, at any time. Such modifications, additions, or deletions will be effective immediately upon posting. Your continued use of the Services after posting is deemed to constitute your acceptance of the changes. We will make reasonable efforts to flag material changes.

2. Changes to the Services

We may change or discontinue any aspect, feature, or part of the Services at any time, including content, availability, and the software or equipment needed for access or use. We are not liable to you or any third party for exercising this right.

3. Registration and your account

To use certain features you may need to create an account. You agree to provide information that is current, complete, and accurate, and to keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized use. You are responsible for obtaining and maintaining the connectivity, software, hardware, and other equipment needed to access and use the Services, and for all charges related to that.

4. Our services

Anika Labs is a subscription based design and development studio. For a recurring fee you get access to a project workspace where you can submit requests for design, development, branding, and custom software, which our team delivers on an ongoing basis. Delivery capacity, active project limits, and turnaround depend on your chosen plan. We may also offer one off, fixed scope engagements that are quoted and paid per project rather than by subscription.

5. Subscriptions and billing

Subscription plans are billed in advance on a recurring basis in US dollars unless stated otherwise at checkout. By subscribing, you authorize us and our payment processor to charge your payment method on each renewal date until you cancel. Prices are shown before purchase and may change with notice for future billing periods. You are responsible for any taxes that apply to your purchase. If a payment fails, we may suspend delivery until the balance is settled.

One off projects are quoted individually. Work on a one off project begins once the quote is accepted and payment is received or otherwise arranged in writing.

6. Refunds and cancellations

You may pause or cancel your subscription at any time from your account settings. Cancellation stops future renewals and takes effect at the end of the current billing period. You keep access until then, and you are not charged again after that.

Because our team reserves delivery capacity for you and begins work as soon as your billing period starts, subscription fees are generally non refundable once a billing period has begun, including for partial periods and for time in which you did not submit requests. Where required by law, or at our discretion in cases such as a clear service failure on our side, we may issue a full or partial refund.

For one off projects, fees are non refundable once work has started, since the engagement is scoped and staffed specifically for you. If we have not yet begun work, you may request a refund of amounts paid. To request a refund or raise a billing concern, contact us at hello@anikalabs.com and we will work with you in good faith.

7. Projects and delivery

As part of a paid plan you may open a project, identified by a unique project reference provided by us (a "Project"). Timely feedback keeps Projects moving. We may close a Project where you have not provided feedback or confirmation of completion within fourteen (14) calendar days of a delivery, whether or not the Project is complete. We may also close a Project that remains open thirty (30) days after you have been notified that it has commenced with no feedback provided. Subject to your plan, we will provide reasonable support to start a new Project for any remaining work.

8. Your content

You may upload, submit, or transmit briefs, files, feedback, comments, and other materials through the Services ("Your Content"). You are solely responsible for Your Content and for having the rights needed to share it with us.

You agree not to upload, post, or transmit any content that: infringes or violates the rights of others, including intellectual property, privacy, or publicity rights; is knowingly false, misleading, or inaccurate; is unlawful, defamatory, harassing, abusive, hateful, or obscene; contains a virus or other harmful or disruptive component; or contains unsolicited advertising, spam, or similar solicitation. You will not use the name or likeness of an identifiable person without that person's consent.

You retain ownership of Your Content. You grant us a worldwide, royalty free license to host, use, reproduce, modify, adapt, and display Your Content solely as needed to operate the Services and to deliver the work you request. We have the right, but not the obligation, to review Your Content for compliance with these Terms and to remove content that we believe violates them. You are responsible for keeping your own backup copies of Your Content.

Unless a Service Agreement states otherwise, ownership of final deliverables we produce for you transfers to you once the work is paid for in full. We may retain and reuse general know how, techniques, and non client specific components, and we may reference completed work in our portfolio unless you ask us in writing not to.

9. Acceptable use

When using the Services you agree not to: interfere with or disrupt the Services or the servers and networks connected to them; reproduce, duplicate, copy, sell, resell, or exploit any part of the Services for a commercial purpose without our permission; engage in any activity that would constitute a criminal offense or give rise to civil liability; impersonate any person or entity, including Anika Labs staff, or misrepresent your affiliation with any person or entity; or interfere with another user's privacy, including by harvesting personal information or posting private information about a third party. Any conduct that we consider, in our reasonable discretion, to restrict or inhibit others from using the Services is not permitted.

10. Our intellectual property

All text, graphics, logos, icons, user interfaces, software, and code, including the look and feel, layout, design, and arrangement of the Services (collectively, "Our Content"), is owned by or licensed to us and is protected by intellectual property laws. Except with our express written permission or as permitted by law, you may not copy, distribute, reproduce, mirror, frame, publicly display, translate, create derivative works of, republish, or transmit the Services or Our Content, in whole or in part, for any commercial purpose.

11. Copyright complaints

We respect the intellectual property rights of others and expect users of the Services to do the same. If you believe that content on the Services infringes your copyright, please send a notice to hello@anikalabs.com that includes: identification of the copyrighted work you claim has been infringed; identification of the material you claim is infringing and enough information for us to locate it; your contact information; a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and a statement that the information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf. We may, in appropriate cases and at our discretion, remove infringing content and suspend or terminate accounts of users who repeatedly infringe.

12. Third-party services

The Services may integrate with or link to third party products and services, such as payment processors, cloud storage, and communication tools. We do not control those services and are not responsible for their content, policies, or practices. Your use of a third party service is governed by that provider's own terms and privacy policy.

13. Disclaimer of warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANIKA LABS OR ITS OWNERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF APPLICABLE LAW DOES NOT ALLOW ALL OR PART OF THIS LIMITATION, IT WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED.

15. Indemnification

You agree to defend, indemnify, and hold harmless Anika Labs and its owners, employees, contractors, and affiliates from and against any claims, damages, and expenses, including reasonable legal fees, arising out of your use of the Services, Your Content, or your breach of these Terms. We may assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with us.

16. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that we consider, in our reasonable discretion, to be unacceptable, or for any breach of these Terms. You may stop using the Services at any time. Provisions that by their nature should survive termination, including sections on content licenses, intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will survive.

17. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which Anika Labs is established, without regard to its conflict of law rules. You agree to first try to resolve any dispute with us informally by contacting hello@anikalabs.com. Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the courts of that same jurisdiction, and you consent to venue there.

18. Miscellaneous

These Terms, together with any Service Agreement and posted rules, are the entire agreement between you and us regarding the Services and supersede any prior agreements on that subject. Our failure to enforce any provision is not a waiver of it. If any provision is found to be unenforceable, it will be modified to reflect its original intent to the extent possible, and the remaining provisions will stay in effect. You may not assign these Terms without our consent. Section headings are for convenience only.

19. Contact

Questions about these Terms, refunds, or anything else can go to hello@anikalabs.com.