This End User License Agreement (EULA) is a legal agreement between you (“you”) and Tweak Ltd. (“Tweak”, “we”) and applies when you click the “I Accept” button or otherwise indicate that you have read and agreed to these terms. This EULA relates to your use of images, designs, templates, fonts, text, graphics, software tools or other materials or content (“Content”) on our site to create Tweak™ brand design products (the “Products”) such as by way of example, advertisements or brochures. If you do not agree to these terms you are not granted any rights whatsoever in the Content or Products and you should cease to avail of the services from this site and all Content and Products.

License

In return for your payment of the fees outlined on our site or otherwise invoiced to you, we hereby grant you a non-exclusive, non-transferable license to use the Content and the Products (the “License”). Licensed Products include (a) pre-designed electronic template documents that you may modify on our server prior to downloading (each a “Template Design”); and (b) in-design electronic documents prepared by us for your download and customization and may be packaged with additional Content (each a “In-Design Product”) (c) logo designs, (d) print collateral materials ordered via the site; (e) digital marketing material; and (f) any other Products or services offered by Tweak. This License to use is limited to your use of the Products for advertising, marketing or promotional purposes. The License includes your right to download, display, store, copy or print a Product (including packaged Content in connection with an In-Design Product) or supply or distribute a Product through any media now known but only for the uses permitted by these terms.

Restrictions

Other than in respect of those In-Designs Products, you are strictly prohibited from any resale or any other commercial exploitation of the Products. Except as permitted by this EULA, no other extraction, download, retention, use, publication or distribution of a Product or any Content is authorized or permitted. Obtaining Products from us does not entitle you to use any portion of the Content as apart from the finished Product except to the extent included with an In-Design Product.

Any use of the site, Content and/or Products not expressly authorized by this EULA or in breach of its terms constitute infringement of copyright and other intellectual property rights entitling us and our licensors to exercise all rights and remedies available to it or them under any jurisdiction in the world.

Pornographic, defamatory or otherwise unlawful use of Content or Products is strictly prohibited, whether directly or in context or juxtaposition with other material or subject matter. You may not use any Content featuring a model or property in a manner that would be unflattering or unduly controversial to a reasonable person without stating that (i) the are being used for illustrative purposes only; and (ii) any person depicted in the Licensed Materials is a model.

You must also comply with any applicable laws or industry codes. Content or Products shall not be incorporated into a logo, trade mark or service mark belonging to, the property of or registered by any third party.

You may not falsely represent, expressly or impliedly, that you are the original creator or author of any Content or Product or that you have any other right, title or interest in the site, Content or Products.

You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Products.

Logo Builder

The logo design tools provided on this site use a limited number of design elements, including fonts, colour schemes and design effects. You acknowledge that all of these design elements are available to all users of the site and no use by you of any of these design elements shall be exclusive to you. You do not obtain any right or claim to any of the individual logo/ design elements through your creation of a logo/design and/or your incorporation of your logo/design into one or more Products. Other customers may use the design tools to create logos that have similarities to the logos that you create. You are prohibited from registering as a trademark any logo or design created by using this site or any Product, nor shall you use any logo/design (or any goodwill incorporated therein) to prevent any other person from using this site or our Products to create and/use similar or identical logos or designs. We provide no warranty of any kind that a logo or design created by use of this site will not infringe or be subject to the claim of infringing any trademark or other rights of another party. It is your responsibility to determine whether any logo or design is legally available for your use and does not infringe the rights of any third party.

Fees

The fees/prices for the Products are set out on the site and on any invoice or statement provided to you. All prices quoted are exclusive of tax (including sales tax or VAT), shipping and/or other delivery charges which are additional and shall be specified on the invoice or statement provided to you.

Payment

Payment can be made by any of the methods specified on the site. You represent that you are the authorized owner of any the credit card or debit card you use for any transaction with us. All credit and debit cardholders are subject to validation checks and authorization by their card issuer. If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery of any Products you have ordered.

Transfer of Physical Ownership

We retain legal title to the physical Products until we have received payment in full. Legal ownership of the Products will immediately revert to us if we refund any payment to you or if any card provider charges back the amount previously credited to us. In the event of a charge back you will be liable to us for payment for the Products sold to you and shall be immediately responsible to make payment for the amount charged back.

Delivery

Products purchased by you may be delivered in a physical format to the delivery address that you provide or may be delivered electronically by download from the site. Where Products are provided to you by means of physical delivery your order will be fulfilled by the delivery date set out in the invoice or otherwise set out in a delivery statement and if no delivery date is specified within a reasonable time of the date of the invoice or date of purchase unless there are exceptional circumstances. We will deliver the goods in accordance with the delivery option selected by you during the order process. Deliveries via independent courier and full tracking details are available if required. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more deliveries. Delivery charges are calculated by volumetric weight and according to the destination of the parcel.

Shipping terms for all Products delivered by physically delivery are FOB shipping point and ownership transfers to you on shipment. This means that the risk of loss and title for Products pass to you upon our delivery to the carrier. Title and risk to Products purchased by download shall pass whether Products enter your system or computer. Deliveries of Products to countries outside of Ireland & EU may be liable to local taxes, import & handling charges. You are responsible for these costs where appropriate. If Products are returned to us due to non-delivery and the Products needs to be resent, you shall be responsible for the cost of redelivery.

Returns

Tweak is committed to the supply of quality products. If you are not 100% satisfied with your purchase from us, please contact Customer Support within 30 days of your receipt of the Product and we will refund you the price, excluding processing and shipping costs (if applicable).

While we are fully committed to customer satisfaction, however, as the Product you have ordered is personalized according to your request, there are circumstances where we cannot return the Product. For example, we do not return goods for reasons of:-

• spelling or other grammatical mistake;

• for reasons of particular colour, quality or other design features selected or created by you;

• due to the quality or content of images uploaded by you; or

• other reasons where we are not at fault.

Where you wish to make a return, please provide the following details to Customer Support:-

• Your name;

• Order Number;

• Reason for return; and

• Whether you wish a replacement or refund.

A member of the customer service team will then contact you to outline the next steps. This could include requesting you to submit a sample of your Product purchased. Please do not return any Product to us unless we specifically request you to do so. You can expect a refund in the same form of payment originally used for purchase within 14 business days of our notifying you that a refund shall be made.

Should you return an order that was placed using a promotional coupon, you will not be refunded for the amount of the coupon as these discounts were deducted from the original purchase amount.

Intellectual Property

Other than rights granted to you by the License or content you submit in connection with modifying, combining or altering any Product as authorized by this agreement (“Submissions”) (a) we and our licensors retain all intellectual property rights in the site, Content and Products and (b) nothing in this EULA grants to you any intellectual property rights in the site, the Content and/or Products. For the purposes of this clause, “intellectual property rights” refers to copyright, trademarks, patents, design, sui generis rights, database rights and all rights of a similar nature, whether registered or un-registered and all applications for same, wherever in the world arising.

User Submissions

If you upload or otherwise transmit any images, designs, templates, fonts, text, graphics or other material, including, without limitation, trademarks, names or likenesses or works protected by copyright you will only submit Submissions that you own or have permission to submit from the owner, in which case you will provide us upon request with a copy of a written consent from the owner; and your Submission constitutes a waiver of the right to privacy or publicity of the owner of the Submission, trademarks, copyrights and any other third party rights with respect to the Submission.

By submitting your Submission, you agree to indemnify and hold Tweak and its funders, successors, corporate parents, subsidiaries, affiliates, officers, directors, agents, developers, joint venturers, networks, distributors and attorneys (the “Affiliated Entities”) harmless for any and all claims, damages, losses, and causes of action (including without limitation attorney’s fees) arising as a result of your Submissions, or your violation or claimed violation of any law or rights of a third party.

Termination

Tweak reserves the right to terminate this EULA upon breach. In the event of termination, the License shall terminate and you will be required to immediately cease all use of the Products.

Revocation

Tweak reserves the right to change, modify and or remove any portion of the site, in whole or in part without notice to you or otherwise discontinue or revise any Product. Further, Tweak reserves the right to refuse to supply Products to any user for any reason whatsoever. Tweak shall not be liable to you or any third party by reason of its withdrawing or modifying any Product; refusing to process a transaction or suspending any transaction after processing has begun.

Tweak Warranty and Liability

Tweak WARRANTS TO YOU THAT THE PRODUCTS SHALL BE OF SATISFACTORY QUALITY AND REASONABLY FIT FOR PURPOSE FOR WHICH PRODUCTS OF THE KIND ARE COMMONLY SUPPLIED. OTHER THAN THIS WARRANTY ALL OTHER REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICALBE LAW.

THE MAXIMUM LIABILITY OF Tweak (WHETHER ARISING FROM BREACH OF CONTRACT, CLAIMS BY THIRD PARTIES, NEGLIGENCE, YOUR USE OF THE SITE OR PRODUCTS OR OTHERWISE) SHALL BE LIMITED TO THE PRICE PAID BY YOU FOR THE PRODUCTS.

SPECIFICALLY Tweak DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE SERVICES OR THE PRODUCTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVICES OR THE PRODUCTS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, CONTENT, SITE CODE, PRODUCTS OR SERVER DO NOT VIOLATE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON.

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL Tweak BE LIABLE FOR ANY, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES, FROM USE OF THE SITE, THE CONTENT OR THE PRODUCTS, WHICH ARE INCURRED AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE. IN ADDITION Tweak SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGES FROM USE OF THE SITE, THE CONTENT OR THE PRODUCTS (WHETHER DIRECT OR INDIRECT):-

• LOSS OF INCOME OR REVENUE;

• LOSS OF BUSINESS;

• LOSS OF PROFITS OR CONTRACTS;

• LOSS OF ANTICIPATED SAVINGS;

• LOSS OF DATA; OR

• WASTE OF MANAGEMENT OR OFFICE TIME.

WHILE Tweak TAKE PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, Tweak AND SHALL NOT BE LIABLE FOR DAMAGES, COSTS OR LOSSES, THAT MAY RESULT FROM INTERRUPTION OF COMMUNICATIONS OR UNAUTHORIZED ACCESS OR HACKING. A REFERENCE TO “Tweak” IN THIS CLAUSE INCLUDES Tweak’S PARTNERS, ASSOCIATES, CONSULTANTS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES.

Jurisdiction and Applicable Law

The Ireland courts will have exclusive jurisdiction over any claim arising from, or related to this EULA and the subject matter of this EULA although we retain the right to bring proceedings against you for breach of this EULA in your country of residence or any other relevant country. This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.

Miscellaneous

You acknowledge and agree that the EULA, together with our Privacy Policy and site Terms and Conditions, constitute the complete and exclusive agreement between us concerning your use of our services and any purchase by you of any Products, and supersede and govern all prior proposals, agreements, or other communications.

If any provision of the EULA, Privacy Policy or site terms and Conditions is held to be illegal, invalid or unenforceable in whole or in part, then the agreement shall continue to be valid as to the other provisions not so affected. Any waiver of any of the provisions of the EULA by us shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of the EULA.

Legal Information

Tweak is the trading name of Tweak Ltd of Bank House, Lower Bridge St, Killorglin, Co Kerry, Ireland (referred to as “us” “we” or like terms on this site). We are a private limited company, registered in Ireland with CRN 447835, VAT number IE9681643B and email address of info@tweak.com. You may request an alternative form of rapid and effective communication other than by e-mail.