Terms of service

Last updated: November 09, 2024

Introduction

These Terms of Service ("Terms") outline the rules and regulations for using our website and services. By accessing or using our website, located at atte.design or attedesign.com, along with any related services (collectively referred to as the "Services"), you ("User," "you," or "your") agree to be bound by these Terms. This agreement includes any additional terms and conditions that may apply to specific areas of our Services or particular products, services, or content available through them.

We offer personalized photo products, including custom photo books, calendars, posters, and other items to celebrate life’s special moments. We are committed to helping our customers create unique, high-quality photo products tailored to their needs and preferences.

Agreement to Terms

By using our Services, you confirm that you have read, understood, and agree to abide by these Terms and any other terms or policies we may publish or link to from time to time (collectively referred to as the "Policies"). We reserve the right to modify or update these Terms at any time at our sole discretion. Any changes will take effect immediately upon posting, and the "Last Updated" date will be updated accordingly. It is your responsibility to review these Terms periodically. Your continued use of the Services after any updates indicates your acceptance of the modified Terms.

Please review these Terms and any applicable Policies before each order to understand your current rights and responsibilities when using our Services. By placing an order with ATTE DESIGN, you acknowledge and agree that it is your responsibility to understand and comply with our most up-to-date Terms and Policies.

General Terms

By using our Services, you confirm that you are of legal age in your state or province or that you have obtained permission from a parent or guardian if necessary by law.

We reserve the right to refuse service to anyone at any time and for any reason at our sole discretion. This includes, but is not limited to, situations where we consider a user's conduct, content, or use of our services unlawful, abusive, or otherwise harmful to our business or other users.

You understand that your information (excluding payment details such as credit card information) may be transmitted across various networks and might need to be modified to meet the technical requirements of connecting those networks or devices. While we employ industry-standard encryption for sensitive data, including credit card information, you acknowledge and accept that general data may be transmitted over unencrypted networks.

You agree to use our Services only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms. Prohibited uses include, but are not limited to the following:

1. Submitting any content that is illegal, offensive, defamatory, infringes on intellectual property rights, or is otherwise harmful.

2. Attempting to interfere with the proper functioning of our Services, such as by transmitting viruses, overloading our system, or accessing restricted areas without permission.

3. Misrepresenting your identity or impersonating another person while using our Services.

We reserve the right to modify, suspend, or discontinue any part of our Services, including pricing and product offerings, at any time and without prior notice. Additionally, we may correct any errors or omissions in pricing or product descriptions, even after placing an order.

To successfully make a purchase or transaction using our Service, your payment information must be accurate, complete, and up-to-date. Some Services may offer the option to save your payment method for future purchases. By signing up for these Services and providing your payment details, you consent to us storing your payment method and charging it for any future purchases you approve. You agree to pay all charges incurred by anyone using your payment method at the prices in effect at the time of sale and any applicable taxes related to these transactions.

We implement commercially reasonable physical, technical, and administrative measures to safeguard the security and integrity of our website and services. However, we cannot guarantee that unauthorized third parties will never find a way to bypass our security measures or misuse your personal information in violation of our Terms or Privacy Policy. You acknowledge that you are doing so at your own risk by providing your personal information.

Client Content

Client Materials
We utilize materials clients provide, including photographs, text, and other content, solely to create custom print products based on the client’s order. All ownership rights to these materials remain with the client. By submitting these materials to us, you confirm that you have the right to use and share them for this purpose and that they do not infringe upon applicable laws or third-party rights.

Intellectual Property and Design Rights
All design layouts, templates, and creative works we produce are our intellectual property. While you receive the final physical or digital product, it is for personal, non-commercial use only. Reselling, distributing, or using our designs for commercial purposes is strictly prohibited. All design rights remain with us, and by using our services, you agree to acknowledge us as the authors of the designs.

Prohibited Content
You agree not to submit any materials that contain illegal, offensive, or harmful content. This includes, but is not limited to, content that may harm others, promote violence, infringe on intellectual property rights, or violate personal privacy. We reserve the right to refuse to print any product if, in our sole discretion, we believe it violates these standards. By submitting your content, you confirm that it complies with these guidelines and agree to hold us harmless from any claims arising from prohibited or inappropriate content.

Client Content Responsibility
Clients are fully responsible for any materials they submit and confirm that these materials do not infringe on the rights of others, including intellectual property rights, privacy rights, and standards of decency. We serve solely as facilitators, using client materials exclusively to produce the custom products they order. We do not assume any liability for the content submitted by clients, and clients agree not to hold us liable for any disputes or damages related to their content.

Law Enforcement Cooperation
We reserve the right to disclose client information and fully cooperate with law enforcement authorities or court orders if any content provided is found to be unlawful or in violation of these Terms. We are committed to ensuring that our Services are used responsibly and legally. By using our Services, clients acknowledge and accept this policy.

Our Design Services

Custom Products
Most of our products are custom-designed, which means we create a unique design tailored to your specific requests. By placing an order, you agree to our intellectual property terms, acknowledging that the design rights for all custom work remain with us. We may use third-party software to process your images, and we reserve the right to store your pictures and any modifications, including the final version of your custom-designed product, as part of our work records.

Pricing
Our pricing is structured to cover all essential services necessary for creating your custom product, from design to printing. The specific design services included with each product are listed on the product page. Please note that we reserve the right to adjust prices and the services included at any time without prior notice. If you need additional design services beyond what is included, extra fees will apply as outlined in our service rate.

Design Creation Process
We have simplified the process for creating custom designs. Once you place your order, our manager will reach out to you with detailed instructions. To ensure the design meets your expectations, you must complete a design brief outlining your specifications (within the limits specified on the product page). The number of review rounds included in the price is indicated on the product page. Typically, we offer up to three rounds of review for each design. Additional review rounds are $10 each and will be billed separately. Following our secure upload instructions, you can send us your photos using a file-sharing platform.

Once we have received all the necessary materials, our designer will create a draft based on your brief. We may contact you if we need clarifications to achieve your desired outcome. After the design draft is complete, you will receive a link to review it. You can leave comments, request changes, or approve the draft using our online approval system. If any revisions are needed, we will update the design accordingly and resend it for your approval.

Review Rounds
The number of review rounds included in the price is indicated on the product page. Typically, we offer up to three rounds of review for each design. Additional review rounds are $10 each and will be billed separately.

Design Timelines
We recognize that design is a creative process, and timelines can vary. However, we have established timeframes to promote an efficient approach for each project.

Once you place your order, our manager will contact you within 12 business hours to provide all the necessary instructions. While there is no strict deadline for completing the design brief and sending us your photos, we recommend doing so within 5 to 10 days to help expedite the process.

Once we have received all the necessary materials, our designer will start working on your project. We will provide you with a link to the first draft within four business days, excluding holidays and weekends. If your project is extensive and requires additional time, we will work with you to establish a revised timeline.

We establish timelines for reviewing completed drafts. Once you receive the draft, you have 14 days to review, approve, or request changes. If we do not receive feedback within this timeframe, we will assume the draft is approved and proceed with printing.

We will provide updates within two business days for any requested changes and send you a new link for your review.

Customer Communication

We maintain communication throughout your order from start to finish, ensuring each client has a dedicated manager to assist with every step of the process. You can reach out at any time using any contact method listed on our Contact page, whether it be social media, messaging apps, or site widgets.

All essential updates about your order will be sent to your email as proof of completed work.

We provide unlimited consultations during our business hours. However, please note that any significant design changes requested after you submit your initial brief will be considered a review. If a change requires substantial revisions beyond the original brief, it may reduce the remaining review rounds for your design.

Errors and Replacements in Custom Design Products

Once you receive your final custom-designed draft, you must review and approve all details before we proceed with printing. This includes checking for spelling errors, dates, alignment, and other relevant aspects. We only consider replacements if a physical defect occurs during the printing process. Our responsibility for custom-designed products is limited to replacing the product only if a physical defect is found in the final delivered item.

Order Cancellation

Due to the personalized nature of our products, your eligibility for a full or partial refund depends on your order's current production stage. Each product goes through two main phases: design and printing. Here’s how we handle cancellations:

Before submitting the design brief and photos, You may cancel your order for a full refund using your original payment method.

After submitting the brief and materials, At this stage, our design work has begun, meaning the customization process is underway. Your refund will be reduced proportionally based on the work completed, calculated using the following formula: 

Refund = (Price of the first item with the same design - 70%) + (Cost of additional copies)

Example: For a $100 photo book plus two copies at $50 each and a $50 wall calendar, the refund calculation would be as follows:

 ($100 - 70%) + ($50 x 2) + ($50 - 70%) = $30 + $100 + $15 = $145

Total refund: $145 instead of the original $250.

After approving the final product designs, Cancellations and refunds are no longer possible once the final layouts are approved.

Our Ownership Rights

Aside from the content you create, all elements of our service, including software, images, text, graphics, logos, trademarks, copyrights, and other materials ("Our Content"), are exclusively owned by us and our licensors. These intellectual property rights are protected, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, perform, publish, adapt, or create derivative works from any of Our Content except as expressly permitted by these Terms. Unauthorized use of Our Content is strictly prohibited.

We welcome your feedback and ideas to improve our services and products (collectively called “Ideas”). By submitting an Idea, you agree that it is provided voluntarily and without expecting compensation from us. We may use or share this Idea without any restrictions. You also understand that by accepting your Idea, we do not relinquish our right to use similar ideas that we may have already known about or that our team has developed independently.

Privacy Policy

We prioritize privacy and aim to inform our clients and users about how we handle it. Please review our Privacy Policy to learn more about how we collect, use, share, and protect your personal information.

Links and Third-Party Software

Our service may contain links to third-party websites, software, advertisements, special offers, or other events we do not own or control. We do not endorse or take responsibility for these third-party sites' information, products, or services. Accessing third-party websites or software through our service is at your own risk. Our Terms of Use and Privacy Policy do not apply to your usage of those third-party sites. You agree to their respective terms of use and privacy policies when using third-party content.

Interactions with advertisers on our Service, including payments, delivery, and other terms, are solely between you and those advertisers. We are not liable for any loss or damage related to your dealings with third parties.

Limited Warranty and Returns

We provide a limited warranty on our products, guaranteeing they are free from material defects. If you discover a material defect in your product, we will replace it at no cost. To qualify for a replacement, please contact our customer support team to report the defect within 14 days of receiving your product. We kindly request that you send us photos of the damaged item, clearly showing the damage. Please also include pictures of the packaging and any shipping labels attached. This will help us expedite the replacement process. Please note that we are unable to offer refunds.

Due to our products' custom and personalized nature, we cannot accept returns for user errors or creative choices. Please carefully review all product details before submitting your final design. Additionally, keep in mind that colors may vary across different screens. We utilize professionally calibrated printing services and cannot be held responsible for any color discrepancies that arise from screen variations.

For more on our return policy, read here.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, promise, or assure that your use of our Service will be uninterrupted, timely, secure, or error-free. We cannot ensure that the Service's results will be accurate or reliable. You acknowledge that we may sometimes remove the Service indefinitely or cancel it without prior notice.

Your use of the Service, or your inability to use it, is at your own risk. The Service, along with any products and services provided through it (unless we explicitly state otherwise), is offered “as is” and “as available.” We give no warranties, representations, or conditions, either express or implied. This includes implied warranties of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event will Atte Design LLC or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes but is not limited to, lost profits, lost revenue, lost savings, loss of data, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of any Service or products obtained through the Service. This also applies to any claims related to your use of the Service or any product, including errors or omissions in any content or any loss or damage resulting from the use of the Service or any content (or product) made available via the Service, even if we have advised you of the possibility of such damages.

Since some states or jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages, our liability in such areas will be limited to the maximum extent permitted by law.

Contact information

Questions about the Terms of Service should be sent to us at hello@atte.design.

Our contact information is posted below:

ATTE DESIGN LLC

5830 E 2ND ST, STE 7000 #19361 CASPER, WY 82609 US

hello@atte.design