Terms of Service

Last updated: 19 July 2023

THIS TERMS OF USE AGREEMENT (the "Agreement") constitutes a legally binding agreement between TripleGrowth, a design agency ("TripleGrowth") and the client, whether personally or on behalf of an entity ("Client"), in relation to the access and use of TripleGrowth’s website: https://www.triplegrowth.co/ (the "Website") and any other form of media, channel, mobile website or mobile application linked or connected thereto. Non-adherence to all the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is instructed to discontinue use immediately. Following this, the relationship between Client and TripleGrowth shall cease, except for any ongoing obligations owed by the Client to TripleGrowth for services rendered.

1. Intellectual Property Rights

Unless otherwise stated, the Website is the property of TripleGrowth and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively or individually referred to as the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned and controlled by TripleGrowth and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United Kingdom, foreign jurisdictions and international conventions. The Content and Marks are provided "As-Is" for your information and personal use only. No part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, displayed, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without TripleGrowth’s express prior written permission. TripleGrowth reserves all rights in the Website, Content, and Marks.

2. Ownership of Materials

Despite TripleGrowth’s ownership of Submissions, as described in Paragraph 6 ("Client Feedback"), all design and original source files created on the Client’s behalf ("Projects") belong to the Client, and the Client shall be the sole owner of the copyright for all Projects. In the event that any law would cause TripleGrowth to become the owner of a Project, in whole or in part, rather than the Client, TripleGrowth irrevocably and perpetually assigns its entire interest in the Project to the Client. The Client warrants that any materials provided to TripleGrowth to be incorporated into a project during the design process are owned by the Client and do not infringe on any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. TripleGrowth reserves the right to share the Client's design work publicly (social media, website, etc.) unless otherwise agreed as stated in section 18 of this document.

3. Use of Stock Services and Third-Party Fonts

3.1 Subject to compliance with this Agreement and full payment of applicable amounts due, TripleGrowth grants you a revocable, non-exclusive, non-transferrable, royalty-free, worldwide right and license to the Licensed Content for your personal or professional use, including but not limited to use in your own design project. 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 through our Premium Stock Service without express permission.

3.2 TripleGrowth may license Licensed Content from any third party. In such cases, you must comply with the relevant third-party license. Without written permission, you may not 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 a design deliverable prepared by us or as part of a design product for your personal use. You also agree not to alter, adapt, translate, convert, modify, or make derivative works of any Licensed Content; falsely represent that you are the original creator of any Licensed Content; use Licensed Content in an unlawful manner; or use Licensed Content in a way that allows others to download, extract, or redistribute it as a standalone file or work.

3.3 If a Project incorporates fonts not owned by TripleGrowth, which require a commercial licence for the Client to legally reproduce, distribute, or publicly display the Project ("Third-Party Font(s)"), TripleGrowth will inform the Client in writing. This notice will include information for the Client to identify which licences are required and who to contact to purchase them. The Client assumes all responsibility for any consequences resulting from a failure to purchase the necessary licences, as long as TripleGrowth has informed the Client of the incorporation of Third-Party Fonts.

3.4 TripleGrowth and its licensors retain ownership over Licensed Content licensed from them, whether downloaded through our Stock Services or incorporated into your graphic design deliverable. TripleGrowth reserves 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 we have included in your design deliverable.

3.5 TripleGrowth 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 TripleGrowth believes in its 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."

4. User Representations

By using the Website, the Client represents and warrants that: they have the legal capacity and agree to comply with these Terms of Use; they are not a minor in the jurisdiction of their domicile; they will not access the Website through automated or non-human means; they will not use the Website for any illegal or unauthorised purpose; their use of the Website will not violate any applicable law or regulation.

5. Prohibited Activities

The Client shall not access or use the Website for any purpose other than that for which the Website is made available. The Website may not be used in connection with any commercial endeavours except those that are directly related to the work performed by TripleGrowth on behalf of the Client. Further, the Client agrees to refrain from the activities listed in this section.

The Client shall not access or use the TripleGrowth platform for any purpose other than that for which the platform is made available. The platform may not be used in connection with any commercial endeavours except those directly related to the work performed by TripleGrowth on behalf of the Client. Further, the Client agrees to refrain from the following:

  • Making any unauthorised use of the platform;

  • Retrieving data or content for the purposes of creating or compiling a database or directory without prior written permission from TripleGrowth;

  • Circumventing, disabling, or otherwise interfering with security-related features on the platform;

  • Engaging in unauthorised framing or linking of the platform;

  • Attempting to trick, defraud, or mislead TripleGrowth or other users;

  • Interfering with, disrupting, or creating an undue burden on the platform or TripleGrowth's networks or servers;

  • Using the platform in an effort to compete with TripleGrowth;

  • Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the platform;

  • Bypassing any measures on the platform designed to prevent or restrict access to the platform or any portion thereof;

  • Harassing, annoying, intimidating, or threatening any of TripleGrowth's employees or agents providing services through the platform;

  • Deleting the copyright or other rights notice from any content;

  • Copying or adapting the platform's software without express written consent from TripleGrowth;

  • Uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other harmful material, including anything that interferes with any party's use of the platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the platform;

  • Uploading or transmitting, or attempting to do so, any material that acts as a passive or active information collection or transmission mechanism without prior approval;

  • Disparaging, tarnishing, or otherwise harming TripleGrowth's reputation;

  • Using the platform in a manner inconsistent with any applicable laws, statutes or regulations.

6. Client Feedback

The Client acknowledges and agrees that any questions, comments, suggestions or other feedback (each a "Submission") shall be the sole property of TripleGrowth and TripleGrowth is under no obligation to keep a Submission confidential. TripleGrowth shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to the Client under Paragraph 2 ("Ownership of Materials"), and may use and disseminate a Submission for any lawful purpose without permission, acknowledgement or compensation to the Client.

7. Management and Oversight

TripleGrowth reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation. TripleGrowth further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. All decisions regarding the management of the Website shall be at the sole discretion of TripleGrowth.

8. Privacy Policy

By using the Website, the Client agrees to be bound by the Privacy Policy. The Website is hosted in the United Kingdom. Access to the Website from the EU, Asia or other regions of the world may result in the applicability of different laws which govern personal data collection, use or disclosure. Continued use of the Website and transfer of data to the UK constitutes express consent of the Client to the transfer and processing of data in the UK. TripleGrowth does not knowingly accept or solicit information from individuals under the age of 18. Upon receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to TripleGrowth without parental consent, TripleGrowth will delete that information as soon as reasonably practicable.

9. Fees and Refunds

9.1 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 registration, as updated (prospectively, not retroactively) by you from time to time. You agree that, upon registering for the Services, you authorise us to charge your method of payment (e.g., credit card) for the fees and applicable taxes from your registration date based upon your chosen billing frequency (e.g., monthly, quarterly, annually). Overdue charges will accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance, or the maximum rate permitted by law, whichever is lower. We reserve the right to terminate your account in the event of non-payment of amounts owed to us.

9.2 TripleGrowth reserves the right to change our fees upon 3 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.

9.3 TripleGrowth does not provide any refunds. All sales and payments are final. If you discontinue use during the first month or at any point thereafter, all materials produced by TripleGrowth remain the company's property and are prohibited from being used by you in any way.

9.4 You may cancel your subscription with us at any time directly in our application, or by contacting our support team. 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. Despite any such cancellation or expiration, you will not be entitled to any refunds or credits for partial months of service, downgrades, or unused time.

9.5 All amounts owed under this Agreement are non-cancelable and non-refundable, except as specifically provided in this Section 9.

10. Modification

TripleGrowth reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. TripleGrowth reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.

11. Connection Interruptions

TripleGrowth does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption, delays or errors beyond TripleGrowth’s control. The Client agrees that TripleGrowth shall not be liable for any loss, damage or inconvenience caused by the Client’s inability to access or use the Website during any interruption in the connection or service.

12. Governing Law

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

13. Litigation

Any legal action of whatever nature shall be brought in the courts of Singapore. The parties hereto consent to personal jurisdiction in said courts and waive all defences of lack of personal jurisdiction. 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.

14. Disclaimer

The Website is provided on an as-is, as-available basis. The Client agrees that its use of the Website and Services are at the Client’s sole risk. TripleGrowth disclaims all warranties, express or implied, in connection with the Website and the Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. TripleGrowth makes no warranties or representations about the accuracy or completeness of the Website's content or the content of any websites linked to the Website, and TripleGrowth assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorised access to or use of TripleGrowth’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in 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 through the Website. TripleGrowth does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.

15. Limitations of Liability and Indemnification

TripleGrowth and its directors, employees, members, independent contractors or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, legal fees, court costs, fines, forfeitures or other damages or losses arising from the Client’s use of the Website. The Client agrees to defend, indemnify and hold harmless TripleGrowth and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of the Client’s representations and warranties set forth herein; (4) the Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, TripleGrowth reserves the right, at the Client’s expense, to assume control and defence of any matter for which the Client shall be required to indemnify TripleGrowth. The Client agrees to cooperate with the defence of such claims.

16. User Data

The Client is solely responsible for all data transmitted to or that relates to any activity the Client has undertaken using the Website. TripleGrowth shall have no liability to the Client for any loss or corruption of any such data, and the Client hereby waives any right of action against TripleGrowth from any such loss or corruption.

17. Electronic Communications, Transactions and Signatures

The Client hereby consents to receive electronic communications from TripleGrowth and agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. The Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by TripleGrowth or through the Website. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

18. Showcasing Design Work

TripleGrowth reserves the right to share design work on digital channels including social media, website, etc. for the purpose of marketing and advertising unless otherwise agreed upon. The Client hereby grants TripleGrowth a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, publish, and display any deliverables developed in connection with the services (the “Portfolio Rights License”). The Client may revoke the Portfolio Rights License at any time by sending written notice to hello@triplegrowth.co. If the Portfolio Rights License is revoked, TripleGrowth will cease using the Client's deliverables for marketing and advertising purposes; however, the Client's deliverables may continue to exist elsewhere online, such as where the deliverables have been used by others in accordance with the Portfolio Rights License. The Client reserves the right to issue a Non-Disclosure Agreement (NDA) between themselves and TripleGrowth, which in turn would void the right of TripleGrowth to share or discuss the Client's work publicly.

19. Miscellaneous

These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and TripleGrowth. Failure of TripleGrowth to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between the Client and TripleGrowth.

20. Contact Information

For any questions or complaints regarding the Website, please contact TripleGrowth at: hello@triplegrowth.co.