Terms and Conditions

1. Acceptance of Terms

These Terms of Service (this “Agreement”) between Morepeaks Ltd. (“we”, “us” or “Morepeaks”) and you govern your access and use of our web platform made available through https://morepeaks.com/ (this “Site”) and the subscription or other services we provide (the “Services”).  By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

This Site is controlled and operated by us from our offices. We make no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Those who choose to access this site from locations outside the United Kingdom are responsible for compliance with all applicable laws.

We may update this Agreement from time to time. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check the “Terms and Conditions” link on the home page each time you visit this Site, so you are aware of any updates.

2. Privacy & Cookie Policy

Our privacy and cookie policy, which can be found at https://morepeaks.com/privacy-and-cookie-policy/ (the “Privacy Policy”), describes how we may use your personal information. By continuing to use this Site, you accept the Privacy & Cookie Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately. You must be at least age 18 to access this Site.

3. The Services 

Subject to your compliance with this Agreement, as well as your subscription and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance.  We may modify, replace, or discontinue the Services at any time, for any reason, without notice to you.

You are responsible for obtaining and maintaining all telecommunications, broadband and computer equipment and services needed to access and use the Services and for paying all charges related thereto.

“Deliverables” means content that we develop and provide specifically for you based on your design requests.  Deliverables do not include Licensed Content, which is subject to certain license restrictions.

“Licensed Content” means stock or otherwise pre-existing content elements that we own or license from a third party, including artwork, stock photographs, audio, typeface, video, designs, and writings. While you are, and will be, the sole and exclusive owner of all right, title, and interest in and to the Deliverables, the Licensed Content incorporated in the Deliverables is subject to the license described in Section 5 below.  No rights are granted to you to any Licensed Content other than as expressly set forth herein.

Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal business purposes. You may not access or use the Services in order to monitor its availability, performance, or functionality for competitive purposes. You may not, and may not permit any third party to: (a) reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble or otherwise attempt to discover source code, object code or underlying structures, ideas or algorithms of the Services, (b) modify, translate or create derivative works based on the Services, (c) use the Services for any purpose other than its own internal purposes; or (d) use the Services other than in accordance with the Agreement and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).

If you choose to cancel your selected Service you must email hello@morepeaks.com 15 days in advance or talk to your creative services manager. After the cancellation, our Services will terminate, and you will lose all access to our Services and all design files associated with those Services at the end of the billing period. You further agree that, unless you have cancelled your selected Service, you authorise us to charge your method of payment for the standard subscription fee and applicable taxes for your selected Services specified when you signed up for the terms of this Agreement.

4. Use of the Services

You may use the Always On Services for any number of projects and scope within our “one plan for one brand” policy, meaning that all design requests are unlimited per brand. Contact us for a plan if you want to include multiple brands. While we accept unlimited requests for Deliverables and revisions to those Deliverables, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines.

We do our best to minimise any mistakes in the final Deliverables. However, due to the nature of creative design, we cannot guarantee all final Deliverables will be 100% error-free. When we deliver a file to you, you agree to review and proof all files for any errors or omissions and notify us if any changes or corrections are needed within seven (7) days of receipt. We will do our best to rush edits to correct any mistakes that you notify us about during this time period. If you notify us of any errors after that time period, we are not required to but intend to try to work with you to make corrections.

You are the owner and/or controller of all of the information, data or materials that you provide to us to use the Services (“Customer Content”). By submitting Customer Content to us, you are representing that you are the owner of such Customer Content and/or have the necessary rights, licenses, and authorisation to distribute it.  You grant us a worldwide, royalty-free, non-exclusive license to access and use Customer Content to provide the Services.

You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the Deliverables, including all intellectual property rights therein. You grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, host, run, copy, reproduce, process, adapt, translate, publish, transmit, display and distribute any Deliverables that we develop in connection with the Services solely to provide the Services to you.  We may also use the Deliverables and other information regarding you and your use of the Services for internal purposes to improve and enhance our Services and in an aggregated form to illustrate the scope of our Services for marketing and advertising purposes.

TRAFIK does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Service, without notice and liability for any reason.

5. Use of Licensed Content

Subject to compliance with this Agreement and full payment of applicable amounts due, we grant you a revocable, non-exclusive, non-transferable, royalty-free, worldwide right and license to the Licensed Content for your personal or professional use as incorporated in a Deliverable. Except as expressly provided in the license terms associated with the Licensed Content, all Licensed Content is provided and licensed only for a single use as incorporated into a Deliverable.  You may broadcast, display, distribute or reproduce that Deliverable that includes the single use Licensed Content but only as part of that Deliverable.  If you want to use the Licensed Content for another project, end product or different use, you must purchase another license.  In no event shall you use the Licensed Content on a stand-alone basis.   Except as expressly permitted by us, you agree not to, directly or indirectly, stockpile, sell, lease, sublicense, distribute, copy, reproduce, republish, reverse engineer, download, data mine, or modify any Licensed Content made available to you.

To the extent that we license the Licensed Content from any third party, including but not limited to Adobe Stock, you agree to comply with the relevant third-party license, which, as applicable, include the Adobe Stock General Terms and Product Specific Licensing Terms as https://www.adobe.com/legal/terms/enterprise-licensing.html. For clarity, such license terms are separate from and in addition to (and do not supersede or replace) MorePeaks’s Terms of Service, which will continue to apply in full force and effect. Except with our written permission, you may not: (i) sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any part of your rights to use Licensed Content apart from the Deliverable into which it is incorporated; (ii) change, alter, adapt, translate, convert, modify, or make any derivative works of any Licensed Content; (iii) falsely represent that you are the original creator of any Licensed Content; (iv) use Licensed Content in a pornographic, defamatory, or other unlawful manner; (v) use Licensed Content in any way that allows others to download, extract, or redistribute Licensed Content as a standalone file or work; and (vi) use Licensed Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.

Our licensors and we retain ownership over Licensed Content, whether downloaded through our stock services or incorporated into your Deliverable. We reserve the right to terminate, revoke, or withdraw all licenses upon your failure to comply with any provisions of this Agreement. In the event of any termination, you will have no further right to make use of the Licensed Content, which may include the Licensed Content that is included in your Deliverable.

6. Fees 

Use of our Services requires payment of recurring fees. Before we have any obligation to provide Services, you must pay the fees (as well as applicable taxes) in full, in such amounts and for such billing frequency as specified during signing up, as updated (prospectively, not retroactively) by you from time to time. All fees are due upon receipt of invoice. You agree that, upon registering for the Services, you authorize us to charge your method of payment for the fees and applicable taxes. We reserve the right to suspend or terminate your subscription in the event you fail to pay amounts owed to us when due.

We reserve the right to change our fees upon 15 days’ advance notice.  By continuing to use the Services, you accept such changes. We are not required to notify you of temporary promotions or reductions in fees.

You may cancel your subscription with us at any time (after the first three-month commitment) by contacting office@trafik.studio 15 days in advance or your creative services manager. If you cancel your subscription before the next renewal cycle, you can continue using your account and accessing your design files until the end of your paid billing term. When your subscription expires, you will no longer have access to our Services and all design files associated with those Services.  We do not provide refunds or credits for partial months of service, or unused time.

7. Confidential Information

For purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, research, images, development, design details and specifications, and marketing plans.

During the course of our relationship, you may disclose to us your Confidential Information. We agree to hold in confidence and not disclose to any third party any of your Confidential Information, except as approved or directed in writing by you, and will use your Confidential Information for no purpose other than for the Services. We will limit access to your Confidential Information to only those employees, officers, directors, contractors, representatives and agents who are involved in providing Services to you.  We will be responsible to you for any breach of this provision by our employees, officers, directors, contractors, representatives and agents.

During the course of our relationship, we may similarly disclose to you our Confidential Information. You agree to hold in confidence and not disclose to any third party any of our Confidential Information, except as approved or directed in writing by us, and will use our Confidential Information for no purpose, except as permitted by this Agreement. You will limit access to our Confidential Information to only those employees, officers, directors, contractors, representatives and agents to whom it is necessary to disclose our Confidential Information. You will be responsible for any breach of this provision by your employees, officers, directors, contractors, representatives and agents.

Notwithstanding anything to the contrary in this Agreement, the following is not Confidential Information: (a) information that was in the public domain at the time of its disclosure or has entered the public domain without breach of this Agreement; (b) information that was already in the rightful possession of a party at the time of disclosure; (c) information that is independently developed by a party without breaching this Agreement; or (d) information that becomes known to a party, without restriction, from a third party source not directly or indirectly involving a breach of this Agreement.

The confidentiality obligations under this Agreement will survive for five (5) years after the termination of this Agreement.

8. Publicity

Unless you provide us with written notice to the contrary or of any reasonable restrictions or requirements, you agree that we may disclose that you are a customer and may use your name(s) and logo(s) in: (a) our digital, online, and printed marketing materials (including on our websites); and (b) external-facing presentations, including to individual clients and prospects.

9. Term and Termination

This Agreement will expire and terminate upon the expiration or termination of your subscription to a Service; provided that all sections of this Agreement which by their nature should survive termination will survive termination, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

We may terminate this Agreement at any time upon notice if you default or breach this Agreement.  Upon expiration or termination of your subscription to a Service, all rights under this Agreement relating to such Service will immediately terminate, you will lose all access to the applicable Service, including access to your Customer Content or other files.  If we terminate the Agreement for your breach, any licenses to Licensed Content will terminate.

10. Disclaimer of Warranties

Except as specifically set forth in this section 9.1, the site and the services (including but not limited to deliverables, licensed content) are provided "AS IS" and "AS AVAILABLE".  We make no promises about our services and, to the extent permitted by law, we disclaim all warranties, express or implied, including but not limited to, warranties of merchantability, fitness, non-infringement of intellectual property, and other violation of rights, either oral or written, whether arising by law, course of dealing, course of performance, usage, trade, or otherwise.

11. Liability Waiver

We will not be responsible for any lost profits, revenues, data, financial losses or indirect, special, consequential, exemplary, or punitive damages arising out of the use or inability to use this site. To the extent permitted by law, our total liability, for any claims under these terms, including for any implied or expressed warranties, shall not exceed fifty pounds (£50.00), regardless of the cause of action, in tort, contract, or otherwise. This paragraph does not affect any liability that cannot be excluded or limited under applicable law.

12. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected to customer content or use of the services, any deliverables, licensed content including but not limited to violation of any third party license terms. You shall cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

13. Links to Third-Party Platforms

If this Site is available through any third-party platform, or if we provide links from this Site to any third-party platform, then we do not accept responsibility for any content or practices of such third parties.

14. Digital Millennium Copyright Act

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials from this Site by submitting written notification to our agent designated below.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e.,web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at hello@morepeaks.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

15. Disputes Resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17. Non-Waiver

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of this Agreement or any breach, in any one instance, will not waive such term or condition or any subsequent breach.

18. Force Majeure

If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to, pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.

19. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

20. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

21. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in London, United Kingdom to resolve any dispute arising out of these Terms or the Website.

22. Contact Us

‍For any questions or complaints regarding the Website, please contact us via email at hello@morepeaks.com

Latest update: May 13, 2024