Terms & conditions

Last updated May 15, 2024

Introduction

Purpose and Scope

1.1 Purpose and Scope
Welcome to We Design Motion (“we”, “us”, “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website, www.wedesignmotion.com (the “Site”), and the services we provide, including motion graphics templates, customization services, and educational content (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms and any additional terms applicable to specific Services you may use.

Acceptance of Terms

By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of changes by updating the “Last Updated” date at the top of these Terms and by providing additional notice, such as via email or through our Site. Your continued use of our Services following any changes indicates your acceptance of the modified Terms.

Definitions

Key Terms and Definitions

  • “Account” means the account you create to access and use our Services.
  • “Content” means any information, text, graphics, or other materials uploaded, downloaded, or appearing on the Site or through the Services.
  • “Digital Goods” means the motion graphics templates and other digital products offered by We Design Motion.
  • “User” or “you” means any individual or entity accessing or using our Services.

Company Information

About We Design Motion

We Design Motion is a company that specializes in providing high-quality motion graphics templates, customization services, and educational resources to users worldwide.

Contact Details

For any questions or concerns about these Terms or our Services, please contact us at contact@wedesignmotion.com.

Eligibility

Age Requirements

You must be at least 18 years old to use our Services. By accessing or using our Services, you represent and warrant that you meet this age requirement.

Legal Capacity

You must have the legal capacity to enter into a binding agreement to use our Services. By accessing or using our Services, you represent and warrant that you have the full legal capacity and authority to agree to these Terms.

Account Registration

Account Creation Process

To access certain features of our Services, you may need to create an account. During the registration process, you must provide accurate, current, and complete information. You agree to update your information as necessary to maintain its accuracy.

Responsibility for Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.

Account Termination

We reserve the right to suspend or terminate your account at our discretion, without notice, if we believe you have violated these Terms or engaged in fraudulent or illegal activity.

Services Overview

Motion Graphics Templates

We Design Motion offers a variety of high-quality motion graphics templates for various purposes. These templates are available for purchase and download through our Site.

Customization Services

We provide customization services to tailor our motion graphics templates to meet your specific needs. These services are available upon request and may involve additional fees.

Educational Services

We offer free educational resources, including tutorials, articles, tips, and tricks, to help you improve your motion design skills. These resources are accessible through our Site.

Licensing

Upon purchasing our products, users are granted a license to use the purchased product as outlined in our separate licensing agreement. This document details the rights and restrictions associated with the use of our prodcuts. By purchasing or using our products, you agree to abide by the terms specified in the licensing agreement.

Use of Services

Permitted Uses

You may use our Services for personal and commercial purposes, provided that you comply with these Terms and applicable laws.

Prohibited Uses

You agree not to:

  • Use our Services for any unlawful purpose or in violation of any applicable laws.
  • Upload, post, or transmit any content that is offensive, defamatory, obscene, or otherwise objectionable.
  • Interfere with or disrupt the integrity or performance of our Services.
  • Attempt to gain unauthorized access to our Services or their related systems or networks.
  • Reverse engineer, decompile, or disassemble any part of our Services.
  • Use our templates to create derivative works that directly compete with We Design Motion’s products. This includes creating templates that are substantially similar to our own or using our templates to create assets that serve the same purpose as our templates (e.g., creating a motion graphics explainer video template based on one of our explainer video templates).
  • Offer our templates for resale or redistribution, either on their own or bundled with other products.

By adhering to these sections, you ensure that your use of We Design Motion’s Services is consistent with our policies and applicable laws. Further sections will continue to elaborate on other important aspects of our Terms and Conditions.

Intellectual Property

Ownership of Content

All content provided through our Services, including but not limited to motion graphics templates, text, graphics, logos, and software, is the property of We Design Motion or its licensors and is protected by international copyright, trademark, and other intellectual property laws.

User Rights and Limitations

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal and commercial purposes. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content provided through our Services, except as expressly permitted by these Terms or with our prior written consent.

License to Use Content

By submitting any content to us (such as feedback, suggestions, or user-generated content), you grant We Design Motion a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content in any media.

User-Generated Content

Submission Guidelines

You may have the opportunity to submit user-generated content through our Services. All content you submit must comply with these Terms and applicable laws. You are solely responsible for the content you submit and the consequences of submitting it.

Rights to User Content

By submitting content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the above license to We Design Motion. You also agree that such content will not infringe on the rights of any third party, including intellectual property, privacy, or publicity rights.

Prohibited Content

You agree not to submit content that is illegal, offensive, defamatory, obscene, pornographic, invasive of privacy, infringing of intellectual property rights, or otherwise harmful. We reserve the right to remove any content that violates these Terms or is otherwise objectionable at our discretion.

Purchases and Payments

Payment Methods

We accept payments via PayPal, Visa, and MasterCard. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges).

Billing Information

You must provide current, complete, and accurate billing information. You agree to promptly update all billing information to keep your account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date).

Payment Processing

All payments are processed through a third-party payment processor. We Design Motion is not responsible for any payment processing errors or issues, including any errors or issues caused by the payment processor.

Digital Goods Delivery

Delivery Methods

Our digital goods are delivered electronically through our Site. Once your payment is confirmed, you will receive access to download the purchased digital goods.

Activation of Digital Products

Digital products may require activation before they can be used. Instructions for activation will be provided at the time of purchase. You must follow these instructions to activate your digital products.

Access Issues

If you experience any issues accessing or downloading your purchased digital goods, please contact our support team at contact@wedesignmotion.com for assistance.

Pricing and Taxes

Pricing Policy

All prices for our digital goods and services are listed on our Site and are subject to change without notice. We reserve the right to modify prices at any time. The price charged for a product or service will be the price in effect at the time the order is placed.

Currency and Taxes

All prices are listed in U.S. dollars unless otherwise specified. You are responsible for paying all taxes associated with your purchase, including but not limited to sales, use, value-added, or other taxes, whether domestic or foreign.

Price Changes

We reserve the right to change prices for our products and services at any time. If we change the pricing, we will provide notice through our Site. Your continued use of our Services after the price change becomes effective constitutes your agreement to pay the changed amount.

Refund Policy

Please refer to the Refund Policy for more information on this section.

Third-Party Services

Integration with Third-Party Services

Our Services may integrate with third-party services or provide links to third-party websites. These third-party services are not under our control, and we are not responsible for their content, privacy policies, or practices.

Third-Party Terms and Conditions

Your use of third-party services may be subject to additional terms and conditions imposed by the third party. You are responsible for reviewing and complying with any third-party terms and conditions.

Liability for Third-Party Services

We Design Motion is not responsible for any loss or damage incurred as a result of your use of any third-party services. Your use of third-party services is at your own risk.

Privacy Policy

Data Collection

We collect personal data that you provide to us, such as your name, email address, billing information, and any other information you provide when you create an account, purchase digital goods, or use our Services.

Use of Personal Data

We use your personal data to provide and improve our Services, process your transactions, communicate with you, and comply with legal obligations. For more information, please refer to our Privacy Policy.

Data Protection Measures

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or method of electronic storage is 100% secure.

Security

Security Measures

We Design Motion takes the security of your data seriously and employs a variety of security measures to protect your personal information from unauthorized access, use, or disclosure. These measures include encryption, access controls, and regular security assessments.

User Responsibilities for Security

You are responsible for maintaining the confidentiality of your account information, including your password. You agree to notify us immediately of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to comply with these security obligations.

Reporting Security Issues

If you become aware of any security vulnerabilities or incidents, please report them promptly to our support team at contact@wedesignmotion.com. We will investigate and address any reported security issues as soon as possible.

Disclaimers

General Disclaimers

The Services are provided on an “as-is” and “as-available” basis. We Design Motion makes no representations or warranties of any kind, express or implied, regarding the operation of the Services, the accuracy or completeness of any information, content, or materials included therein, or the suitability, reliability, or availability of the Services.

No Warranty on Uninterrupted Access

We Design Motion does not warrant that the Services will be uninterrupted, secure, or free from errors or viruses. You acknowledge that access to the Services may be subject to interruptions, delays, or other issues beyond our control.

Educational Content Disclaimer

Our educational services, including tutorials, articles, and tips, are provided for informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of any educational content and are not responsible for any errors or omissions.

Limitation of Liability

Extent of Liability

To the fullest extent permitted by applicable law, We Design Motion and its affiliates, officers, directors, employees, agents, licensors, and service providers will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content.

Exclusion of Indirect Damages

In no event will We Design Motion be liable for any indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages, arising out of or in connection with these Terms, the Services, or any related transactions.

Limitation on the Amount of Liability

Our total liability to you for any claim arising out of or relating to these Terms or the Services will not exceed the amount you paid to us for the Services in the 12 months preceding the claim.

Indemnification

User's Agreement to Indemnify

You agree to indemnify, defend, and hold harmless We Design Motion, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including but not limited to your user-generated content, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

Scope of Indemnity

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

Procedure for Indemnification

If you are obligated to indemnify us, we will promptly notify you of any such claim, loss, liability, or demand, provided that our failure to promptly notify you will not affect your obligations hereunder except to the extent that our failure to notify you materially prejudices your ability to defend the claim. You may not settle any claim unless you obtain our prior written consent.

Termination

Grounds for Termination

We may terminate or suspend your access to the Services, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Services will immediately cease.

Effects of Termination

Upon termination, all licenses granted to you under these Terms will immediately cease, and you must promptly delete all copies of any digital goods obtained from us. Any provisions of these Terms that by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Survival of Certain Terms

All provisions of these Terms which by their nature should survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive the termination of your use of the Services.

Governing Law

Applicable Law

These Terms and any disputes arising out of or relating to these Terms or the Services will be governed by and construed in accordance with the laws of Kazakhstan, without regard to its conflict of law principles.

Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in Kazakhstan to resolve any legal matter arising from these Terms or the Services. Notwithstanding the foregoing, We Design Motion may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

Dispute Resolution

Informal Dispute Resolution

Before initiating any arbitration or legal proceeding, you agree to first contact us at contact@wedesignmotion.com to attempt to resolve the dispute informally. If a dispute is not resolved within 30 days of submission, either party may proceed to arbitration.

Arbitration Agreement

All disputes arising out of or relating to these Terms or the Services that cannot be resolved through informal dispute resolution will be resolved by binding arbitration on an individual basis, conducted in Kazakhstan. The arbitration will be conducted in accordance with the rules of the Arbitration Association.

Exceptions to Arbitration

Notwithstanding the above, you and We Design Motion agree that the following disputes are not subject to the above provisions concerning binding arbitration: (i) any disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (ii) any claim for injunctive relief; and (iii) any dispute that qualifies to be brought in small claims court.

Notices

Methods of Providing Notice

We may provide notices to you by email, regular mail, or postings on our Site. You agree to provide us with your current email address and to promptly update us with any changes.

Contact Information for Notices

All notices to us must be addressed to contact@wedesignmotion.com

Changes to Terms

Right to Modify Terms

We reserve the right to modify these Terms at any time. We will provide notice of changes by updating the “Last Updated” date at the top of these Terms and by providing additional notice, such as via email or through our Site.

Notice of Changes

We will notify you of any material changes to these Terms by email or through our Site. You are responsible for ensuring that we have your current email address.

Acceptance of Modified Terms

Your continued use of our Services following any changes to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our Services.

Miscellaneous

Entire Agreement

These Terms constitute the entire agreement between you and We Design Motion regarding the use of the Services and supersede all prior agreements and understandings, whether written or oral, relating to the same subject matter.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

Waiver of Rights

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of We Design Motion.

Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer any or all of our rights under these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.