Portfolio

1. Introduction

Welcome to THUMBNAILED.IT! This Terms of Service ("Terms") constitutes a legally binding agreement between Private Entrepreneur Yaremchuk Vadym Olegovych ("THUMBNAILED.IT"), also referred to in this document by “we”, “our”, “us”, organized under the laws of Ukraine, and the Customer ("Customer") for the provision of our monthly subscription-based services for providing graphic design services ("Services"). The site works as is and as available. By accessing or using our Services, you agree to be bound by these Terms. Failure to agree to and adhere to all Terms, conditions, and obligations contained herein results in the prohibition of the Customer's use of the Services, requiring immediate discontinuation.

2. Services

2.1 Subscription Plans

The following outlines the Service Plans offered by THUMBNAILED.IT, subject to the terms and conditions herein. Customers acknowledge that payments are for the provision of services rendered during the service period, and not for the delivery of specific quantities of any deliverables. Circumstances may arise that prevent the fulfillment of specific deliverable quantities; hence, subscriptions are charged on a per-service-period basis, with each period being one month in duration. THUMBNAILED.IT offers three subscription plans: Basic, Premium, and Individual. Basic Plan: At a monthly rate of $499, this plan offers an unlimited amount of thumbnail requests and revisions, with a right to request 1 thumbnail every 72 hours. The deliverables for each request consist of 1 thumbnail. This plan offers Slack support. Premium Plan: At a monthly rate of $1999, this plan offers an unlimited amount of thumbnail requests and revisions, with a right to request 1 thumbnail every 48 hours. The deliverables for each request consist of 2 thumbnail options as a part of the A / B testing, provided in this Pricing Plan, a title for the video chosen as a result of video title SEO provided in this Pricing Plan, a banner and a profile picture for the Customer’s YouTube channel and a branding guideline. This plan offers Slack support. Individual Plan: Starting at a monthly rate of $5000, this Pricing Plan includes everything provided in the Premium Plan, but also adds a wide variety of opportunities for customization, which will be discussed individually on the call. All Subscription Plans are subject to modification, enhancement, or revision at the sole discretion of THUMBNAILED.IT. Current customers are informed of any changes to the terms of the Subscription Plans at least one full billing cycle prior to any changes. Those who wish to become customers are advised to regularly review the terms of the Subscription Plans for updates.

2.2 Refund Policy

Customers may cancel their subscription at any time. However, no refunds are offered under any circumstances. In the event of a cancellation, THUMBNAILED.IT ensures that the Customer will continue to receive the service as promised until the end of the current billing cycle. Please note, there are no partial month refunds, and the cancellation will take effect from the next billing cycle following the cancellation request.

3. Payment and Billing

3.1 Payment

All payments are processed through our third-party payment processor. You agree to provide accurate and complete payment information and authorize us to charge your payment method for the subscription plan you select.

3.2 Billing Cycle

Subscriptions are billed on a monthly basis. The billing cycle starts on the date you subscribe to a plan and recurs on the same date each month.

3.3 Refund Policy

All payments made to THUMBNAILED.IT for the Services are non-refundable. This policy is in accordance with the stipulations set forth in the "Refund Policy" clause of the “Subscription Plans” section, where it is specified that subscriptions may be canceled at any time, but no refunds are offered, regardless of the timing of the cancellation in relation to the billing cycle. THUMBNAILED.IT commits to delivering the promised services until the end of the current billing cycle, following a cancellation request. This no-refund policy ensures operational efficiency and the continued high quality of service provided to all customers.

4. Work process

4.1 Thumbnail Request Submission

Customers can submit one thumbnail request at a time, providing the necessary information and materials specified to them during the work. The turnaround time allocated for completing one thumbnail request varies depending on the Subscription Plan, and customers are not to request the next thumbnail before the end of the turnaround time of the current thumbnail request. Once the thumbnail is completed, it will be sent to the customer for review via an agreed upon channel, specifically Asana or Slack, and revisions can be requested within 48 hours after the delivery.

4.2 Automatic acceptance of Work

Work delivered to the Customer will be deemed automatically accepted 48 hours after delivery, unless the Customer provides specific feedback or requests revisions within this timeframe. This policy is in place to facilitate the timely commencement of designing the thumbnail, ensuring that Customers receive the highest quantity of content possible within their service plan.

4.3 Feedback

Customer acknowledges and agrees that any questions, comments, suggestions, or other feedback related to the services provided by THUMBNAILED.IT ("Feedback") must be communicated through designated platforms, specifically Asana or Slack. This ensures that Feedback is properly recorded and addressed. THUMBNAILED.IT shall retain ownership of all Feedback and is under no obligation to keep it confidential. THUMBNAILED.IT is not liable for any oversight or failure to act on Feedback that is not shared through the aforementioned designated channels. Customers are encouraged to use these platforms for all communication regarding Feedback to ensure it is duly noted and appropriately responded to.

5. Cancellation and Termination

5.1 Cancellation by Customer

Customers may terminate their agreement in accordance with the cancellation policy outlined in the “Refund Policy” clause of the "Subscription Plans" section.

5.2 Termination by Us

THUMBNAILED.IT reserves the right to terminate these Terms at any time, with reasonable notice to the Customer, unless in cases of breach by the Customer, including but not limited to non-payment and violation of these Terms of Service. THUMBNAILED.IT may also suspend or terminate Customer's access to the Services for any substantial breach of these terms. Upon termination, all rights and obligations of both parties, save for those explicitly stated as surviving the termination (such as payment obligations for services already rendered, confidentiality, and ownership of materials), will cease. THUMBNAILED.IT will take reasonable steps to ensure a smooth transition and minimize disruption to the Customer's ongoing projects.

5.3 Unforeseen Interruptions

There may be occasions where service interruptions occur due to factors beyond our control. These may include, but are not limited to, unforeseen circumstances such as team member unavailability, technical difficulties, or external factors impacting our ability to deliver services. In the event of such interruptions, THUMBNAILED.IT shall not be liable for any loss, damage, or inconvenience caused by the Customer’s inability to receive the services during these periods. THUMBNAILED.IT are committed to minimizing any disruptions and will endeavor to notify Customers of any significant interruptions and resume services as promptly as possible.

6. Privacy Policy

6.1 Collection of Information

We collect and store personal information that you provide to us, such as your name and email address, as well as information about your brand and its activities, in order to provide and improve our Services.

6.2 Use of Information

We use your personal information and the information about your brand to process your subscription, provide customer support, and improve our Services. We do not share your personal information about your brand with third parties, except as necessary to provide our Services or as required by law.

6.3. Customer Data

The Customer is responsible for providing all necessary data and materials required for THUMBNAILED.IT to perform its services. This includes, but is not limited to, specific project requirements, content, images, or any other information relevant to the completion of the services. While THUMBNAILED.IT takes reasonable measures to safeguard the data provided by the Customer during the service process, it shall not be liable for any loss, corruption, or compromise of such data. Customers are advised to maintain backups and copies of all materials provided to THUMBNAILED.IT. In the event of any loss or corruption of data, THUMBNAILED.IT will endeavor to assist in the recovery process to the best of its ability, but it cannot guarantee the restoration of lost or corrupted data.

7. Intellectual Property Rights

7.1 Ownership of completed Works

While THUMBNAILED.IT retains ownership of the underlying content of the Services, including source files, underlying tools, methods, or pre-existing materials (collectively, the “Content”) that are part of the Services, the specific works created for a Customer as part of the service (e.g., thumbnails) are the property of the Customer upon full payment for the respective billing cycle. All such works are protected by copyright and assigned to the Customer, consistent with the laws and regulations of Ukraine, foreign jurisdictions, and international conventions. This transfer of ownership applies exclusively to completed work paid for by the Customer and does not extend to the general Content owned by THUMBNAILED.IT.

7.2 Ownership of Materials

Consistent with the “Ownership of completed Works” clause of this section, while THUMBNAILED.IT retains ownership of its proprietary materials and general content used in the creation process, the Customer obtains full ownership of the final, delivered project work. This includes all design files created specifically for the Customer’s project. Upon full payment for the respective service, the Customer shall be the sole owner of the copyright for all completed projects. It should be noted that this transfer of ownership pertains only to the final, custom-created works and does not include THUMBNAILED.IT’s Content.

7.3 Licenced fonts and graphic materials

In the event that any Project incorporates fonts and / or graphic materials (“Licenced Materials”) not owned by THUMBNAILED.IT and is requiring a commercial license for legal reproduction, distribution, or public display, THUMBNAILED.IT will inform the Customer in writing. The Customer will need to purchase the appropriate licenses for the Third-Party Licenced Materials. The Customer assumes all responsibility for consequences due to failure in purchasing required licenses for any Third-Party Licenced Materials incorporated into a Project.

7.4 Showcasing Work

THUMBNAILED.IT reserves the right to showcase design work on digital channels unless otherwise agreed upon through a Non-Disclosure Agreement (NDA) to protect sensitive information.

8. Limitation of Liability

To the fullest extent permitted by law, THUMBNAILED.IT, its directors, employees, members, contractors, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use or inability to use our Services. Customer agrees to defend, indemnify and hold harmless THUMBNAILED.IT from any loss, damage, liability, claim, or demand due to Customer’s use of the Services.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ukraine.

10. Changes to Terms

We reserve the right to modify these Terms at any time. If we decide to make material changes to these Terms, we will inform all our current clients at least one billing cycle prior to making the change and update the date of last modification on this page after making the change. Customers’ continued use of our Site and Services after such modifications will constitute their acceptance of the revised Terms.

11. Contact Information

If you have any questions, requests or comments regarding these Terms, please contact:

Private Entrepreneur Yaremchuk Vadym Olegovych

3813109859

Dorozhytska Str. 3, building B9, Kyiv (04119)

contact.thumbnailedit@gmail.com