THIS TERMS OF USE AGREEMENT (the "Agreement") constitutes a legally binding agreement between HF UG (haftungsbeschränkt), a limited liability company under German law ("hyperfocused") and the Client, whether personally or on behalf of a legal entity ("Client"), with respect to the access and use of the hyperfocused website: https://hyperfocused. agency/ (the "Website") and any other media form, channel, mobile website or mobile application associated or linked thereto. Failure to comply with all of the terms, conditions and obligations contained herein will result in an express prohibition on the Customer's use of the Website and the Customer will be required to cease use immediately. Thereafter, the relationship between the Customer and hyperfocused shall terminate and be of no further effect between the parties, except that any obligation of the Customer to pay hyperfocused for services rendered shall remain and continue to be an ongoing obligation of the Customer to hyperfocused.

Unless otherwise indicated, the Site is the property of hyperfocused and all source code, databases, functionality, software, site designs, audio, video, text, photographs and graphic files of any kind and regardless of format (collectively or individually referred to herein as "Content") and the trademarks contained therein, service marks and logos (the "Marks") contained therein are owned and controlled by hyperfocused and are protected by copyright and trademark laws and all other applicable intellectual property laws or regulations in Germany, foreign jurisdictions and international conventions. The Content and Trademarks are provided "as is" and for your information and personal use only. Except as expressly provided herein, no part of the Site and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without the express prior written permission of hyperfocused. hyperfocused reserves all rights to the website, content and trademarks.

Notwithstanding hyperfocused's ownership of the Submissions as described in paragraph 6 ("Customer Feedback"), all designs and original source files created on behalf of Customer ("Projects") shall belong to hyperfocused, and hyperfocused shall be the sole owner of the copyright in all Projects. In the event that the Customer becomes the owner of all or part of a Project by operation of law and not the Customer, the Customer irrevocably and indefinitely assigns its entire interest in the Project to the Customer, without limitation. Customer warrants that all materials provided to hyperfocused as examples or as materials to be incorporated into a project during the design process are the property of Customer and do not infringe or misappropriate the rights of any third party, including but not limited to all intellectual property rights and any right of publicity. hyperfocused always reserves the right to make the Client's design work public (social media, website, etc.) except as agreed in Section 18 of this document.

In the event that a Project contains fonts that are not owned by hyperfocused and for which a commercial license is required in order for Customer to lawfully reproduce, distribute or publicly display the Project ("Third Party Font(s)"), hyperfocused will notify Customer in writing that that one or more Third Party Font(s) have been included in the Project and that the Customer must obtain one or more licenses for the Third Party Font(s) from the rights holder(s) of such Third Party Font(s) in order to lawfully reproduce, distribute or publicly display the Project. As long as hyperfocused has notified Customer of the inclusion of Third Party Fonts as described above, Customer assumes responsibility for any consequences resulting from Customer's failure to obtain one or more licenses for the Third Party Fonts included in a Project.

By using the Website, the Customer represents and warrants that: the Customer has the legal capacity and agrees to comply with these Terms of Use; the Customer is not a minor in the jurisdiction in which the Customer resides; the Customer is not accessing the Website by automated or non-human means; the Customer is not using the Website for any illegal or unauthorized purpose; the Customer's use of the Website does not violate any applicable laws or regulations.

The customer may only use the website for the purpose for which it was made available to him. The website may not be used in connection with commercial undertakings, unless these are related to the work carried out by hyperfocused on behalf of the customer. Further, the Customer agrees not to: make unauthorized use of the Website; retrieve data or content for the purpose of creating or compiling a database or directory; circumvent, disable or otherwise interfere with security-related features of the Website; frame or link to the Website without authorization; trick, defraud or mislead hyperfocused or other users; interfere with, disrupt or impose an unreasonable load on the Website or hyperfocused's networks or servers; use the Site to compete with hyperfocused; decipher, decompile, disassemble or reverse engineer any software that is part of or in any way constitutes a part of the Site; circumvent any measures on the Site designed to prevent or restrict access to the Site or any part thereof; harass, intimidate or threaten any employee, independent contractor or agent of hyperfocused providing services through the Site; delete any copyright or other proprietary notices from any Content; Copy or adapt the Site's software, upload or transmit any viruses, Trojan horses or other material, or attempt to do so, including anything that interferes with any other party's use of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site; upload or transmit, or attempt to upload or transmit, any material that acts as a passive or active information gathering or dissemination mechanism; disparage, defile or otherwise harm hyperfocused; use the Site in any manner inconsistent with any applicable law, statute or regulation.

Customer acknowledges and agrees that any questions, comments, suggestions or other feedback or submissions (each a "Submission") shall be the sole property of hyperfocused and hyperfocused shall have no obligation to keep any Submission confidential or to take any action necessary to ensure the confidentiality of any Submission. hyperfocused shall be the sole and exclusive owner of all rights with respect to the Submission, except for the rights granted to Customer under paragraph 2 ("Ownership of Materials"), and may, in its sole and absolute discretion, use and distribute a Submission for any lawful purpose without permission, acknowledgment or compensation to Customer. Customer agrees that it has the right to formulate and publish the Submission, and Customer hereby waives all claims and recourse against hyperfocused for use of the Submission in accordance with these Terms and at its sole discretion.

hyperfocused reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in the event of any violation of the Terms of Use or any applicable laws, statutes or regulations. hyperfocused further reserves the right to restrict or deny access to the Website or to disable the Customer's use of the Website. Any such decision shall be at the sole discretion of hyperfocused, without notice or liability to the Customer. All decisions regarding the administration of the Website are at the sole discretion of hyperfocused and are made to protect the rights and property of hyperfocused.

By using the Website, the Customer agrees to be bound by and comply with the Privacy Policy and the terms and conditions set forth and incorporated herein. The website is hosted in Germany. Access to the Website from the Americas, Asia or any other region of the world may result in laws, statutes or regulations other than those of Germany governing the collection, use or disclosure of personal data. Customer's continued use of the Website and transfer of data to Germany constitutes Customer's express consent to the transfer and processing of data in Germany. hyperfocused does not knowingly accept or solicit information from anyone under the age of 18. In accordance with the Youth Protection Act, if hyperfocused becomes aware that a person under the age of 13 has provided hyperfocused with personal information without parental consent, hyperfocused will delete that information as soon as possible.

hyperfocused reserves the right to refuse refunds at its sole discretion and without notice or liability to the customer. Refund requests will be evaluated on a case-by-case basis. Only if a refund is requested during the first month will the full amount be refunded. In all other cases, no refund will be granted. In the event of a refund, as in all other cases, all materials produced by hyperfocused are the property of the company and may not be used by the customer in any way. hyperfocused reserves the right to take appropriate legal action against the customer if this paragraph is breached.

hyperfocused reserves the right to change, modify, add or remove content from the Website at its sole discretion. hyperfocused reserves the right to change or discontinue all or part of the Website without notice and without liability to the Customer.

Paying customers are billed automatically via the payment method of their preference. Our payment process is conducted by our payment processor Stripe. There are no surprise fees and cards will never be charged unexpectedly. In the event the usage of page designs exceeds the paid plan the customer has selected, we will contact them to upgrade to a higher plan. Customers will have two weeks to make a decision. Customers can then decide to continue with a higher plan or to remove page designs until they reach the amount included in the plan they are subscribed to. Customers can upgrade or downgrade their plan at any time by contacting us directly. Downgrading a plan may cause the loss of features.

Customers may cancel the service before the end of their current billing cycle by contacting hyperfocused directly via their customer support email. The cancellation will take effect immediately. All work currently in progress will come to an immediate halt. If the customer has been subscribed for at least six months after launch of the website, hyperfocused will gladly keep the website running for three additional months to ease the transition process, completely free of charge. Additionally, in the event of termination, customers may elect to purchase the work completed up to the point of termination. The price for such work will be determined by hyperfocused based on the extent and nature of the work performed, the resources allocated, and the overall project scope. This option to purchase completed work is subject to negotiation and mutual agreement between hyperfocused and the customer, and does not guarantee transfer of ownership or usage rights, which remain at the discretion of hyperfocused. hyperfocused reserves the absolute and unconditional right to terminate any customer's contract at any time, with or without cause, and at its sole discretion, without prior notice to the customer. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any service customer, company employee or officer may result in immediate termination. In any case, hyperfocused is not obligated to provide a refund, and any refund or partial refund will be at the sole discretion of hyperfocused. Upon termination, all rights to any work produced by hyperfocused for the customer, including but not limited to designs, code, content, and any other materials, shall remain the sole property of hyperfocused, and the customer shall have no right to use, reproduce, or distribute any such materials. In the event of termination, hyperfocused will provide the customer with a reasonable opportunity to retrieve any customer-owned data or content that may have been provided for the project, with hyperfocused reserving the right to determine the method and timeline for such retrieval. hyperfocused shall not be liable for any damages, losses, or expenses incurred by the customer as a result of termination, including but not limited to loss of business, revenue, or anticipated profits. Notwithstanding termination, any provisions of the agreement that by their nature extend beyond termination shall survive, including but not limited to provisions relating to intellectual property rights, confidentiality, and limitation of liability. The exercise of the right to terminate by hyperfocused shall not waive or affect any other right or remedy to which hyperfocused may be entitled, either at law, in equity, or under this agreement. While this clause primarily addresses hyperfocused's right to terminate, customers may also have certain termination rights as outlined elsewhere in this agreement or as provided by applicable law. Although hyperfocused reserves the right to terminate without prior notice, we will endeavor to provide reasonable notice when circumstances permit, with any such notice considered sufficient if sent to the customer's last known email address. Any disputes arising from or relating to the termination of services shall be resolved in accordance with the dispute resolution procedures outlined elsewhere in this agreement. hyperfocused retains all rights not expressly granted to the customer in this agreement, and this termination clause shall be interpreted in conjunction with all other provisions of the agreement, including but not limited to those regarding intellectual property rights, payment terms, and limitations of liability. Additionally, in the event of termination initiated by hyperfocused, customers may elect to purchase the work completed up to the point of termination. The price for such work will be determined by hyperfocused based on the extent and nature of the work performed, the resources allocated, and the overall project scope. This option to purchase completed work is subject to negotiation and mutual agreement between hyperfocused and the customer, and does not guarantee transfer of ownership or usage rights, which remain at the discretion of hyperfocused.

hyperfocused reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the service with or without notice. hyperfocused may change the pricing structure for their services and products. When we do that, we tend to exempt existing customers from those changes. However, hyperfocused may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify customers via the email address on record. hyperfocused shall not be liable to customers or to any third-party for any modification, price change, suspension or discontinuance of the service.

hyperfocused does not guarantee or warrant that the Website will be available or accessible at all times. Problems with hardware, software or other matters may result in interruptions, delays or errors that are beyond hyperfocused's control. The Customer agrees that hyperfocused shall not be liable to the Customer for any loss, damage or inconvenience caused by the Customer's inability to access or use the Website during any interruption in connection or service.

These Terms of Use shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

All legal disputes of any kind whatsoever shall be brought before the Local Court of Aschaffenburg. The contracting parties agree to the personal jurisdiction of the said courts and waive the defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

The website is provided on an "as is" and "as available" basis. The Customer agrees that use of the Website and the Services is at the Customer's own risk. hyperfocused disclaims all warranties, express or implied, in connection with the Site and Customer's use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. hyperfocused makes no warranties or representations as to the accuracy or completeness of the Website or its contents or the contents of any websites linked to the Website, and hyperfocused accepts no liability for any errors, mistakes or inaccuracies in any content or materials, for any personal injury or property damage of any kind, for any unauthorized access to or use of hyperfocused's secure servers and/or for any personal and/or financial information stored therein, any interruption or termination of transmission to or from the Website, any bugs, viruses, Trojan horses or the like transmitted to or through the Website by any third party and/or any errors or omissions in any Content and Materials or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available on the Website. hyperfocused does not warrant, endorse, guarantee or assume responsibility for any products or services advertised or offered by any third party either through the Website, any linked website or any website or mobile application mentioned in the advertisement.

hyperfocused and its directors, employees, members, independent contractors or agents shall not be liable to Customer or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profits, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures or other damages or losses arising out of Customer's use of the Site. Customer agrees to defend hyperfocused and its subsidiaries, affiliates and all of their respective officers, members, agents, partners, employees and independent contractors, indemnify and hold harmless the Customer from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) breach of Customer's representations and warranties contained herein; (4) infringement by Customer of third party rights, including but not limited to intellectual property rights. Notwithstanding the foregoing, hyperfocused reserves the right, at Customer's expense, to assume the control and defense of any matter for which Customer is required to indemnify hyperfocused under this Agreement. Customer agrees to cooperate in the defense of any such claim.

The Customer shall be solely responsible for any data transmitted to hyperfocused or relating to any activity carried out by the Customer through the Website. hyperfocused shall have no liability to the Customer for any loss of or damage to such data and the Customer hereby waives any claim against hyperfocused arising from any such loss or damage.

Customer hereby consents to receive electronic communications from hyperfocused, and Customer agrees that all agreements, notices, disclosures and other communications sent by email or through the Site satisfy any legal requirement that such communications be in writing. Customer hereby consents to the use of electronic signatures, agreements, orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed by hyperfocused or through the Site. Customer hereby waives any rights or requirements under any statute, regulation, rule, ordinance or other law in any jurisdiction requiring an original signature or the delivery or retention of non-electronic records, or to make payments or extend credit by other than electronic means.

hyperfocused reserves the right to publish design work on digital channels, including social media, website, etc., unless otherwise agreed. The client reserves the right to enter into a non-disclosure agreement between themselves and hyperfocused, which removes hyperfocused's right to publicly share or discuss the client's work.

The processing of referrals is determined here. Payments are made by instant bank transfer.

These Terms of Use and any policies posted on or relating to the Site constitute the entire agreement and understanding between the Customer and hyperfocused. hyperfocused's failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision or portion of these Terms of Use is found to be illegal, invalid or unenforceable, that provision shall be severed from these Terms of Use, but shall not affect the validity or unenforceability of any remaining provisions of these Terms of Use. Nothing in these Terms of Use, the Privacy Policy or on the Site shall be construed to create a joint venture, partnership, employment or agency relationship between the Client and hyperfocused.

If you have any questions or complaints regarding the website, please contact hyperfocused at: hey@hyperfocused.agency.