Effective date: 01/08/2025

This Terms of Use Agreement (the "Agreement") is a legally binding contract between DesignLah, LLC, a limited liability company registered in Kuala Lumpur, Malaysia ("DesignLah"), and you, the user ("Client"), whether acting as an individual or on behalf of an entity.

By accessing or using DesignLah's website, https://designlah.com/ (the "Website"), or any related media forms, channels, mobile websites, or mobile applications, you agree to comply with and be bound by the terms, conditions, and obligations outlined in this Agreement.

If you do not agree to these terms, you are expressly prohibited from using the Website. You must discontinue use immediately. Upon such discontinuation, the relationship between you and DesignLah will cease to exist and will have no further legal effect, except for any outstanding obligations on your part to pay DesignLah for previously rendered services. These payment obligations shall remain in full force and effect.

1. Intellectual Property Rights

Unless otherwise indicated, the Website, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and other materials (collectively or individually, the "Content"), as well as any trademarks, service marks, and logos displayed on the Website (the "Marks"), are the exclusive property of DesignLah, LLC. The Content and Marks are protected under the Copyright Act 1987 (Malaysia), the Trademarks Act 2019 (Malaysia), and other applicable intellectual property laws and international treaties to which Malaysia is a party.

The Content and Marks are provided "as-is" for informational and personal use only. Except as expressly permitted in this Agreement or under applicable law, you may not copy, reproduce, aggregate, republish, upload, post, display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Website, Content, or Marks for commercial purposes without the prior written consent of DesignLah.

DesignLah reserves all rights to the Website, Content, and Marks not expressly granted to you under this Agreement or Malaysian law.

2. Ownership of Materials

Notwithstanding DesignLah’s ownership of Submissions, as outlined in Paragraph 4 (“Client Feedback”), all design and original source files created on behalf of the Client (the “Projects”) shall belong exclusively to the Client. The Client shall be the sole owner of the copyright for all Projects.

If, under any applicable law, DesignLah were to acquire ownership of any Project, in whole or in part, instead of the Client, DesignLah irrevocably and perpetually assigns its entire interest in the Project to the Client without limitation.

The Client warrants that all materials provided to DesignLah during the design process, whether as examples or materials to be incorporated into the Projects, are owned by the Client and do not infringe upon or misappropriate any third party’s rights, including, but not limited to, intellectual property rights and rights of publicity.

DesignLah reserves the right to showcase the Client’s design work publicly (e.g., on social media, websites, or promotional materials), unless otherwise agreed upon in writing, as outlined in Section 18 of this Agreement.

3. Third-Party Fonts

If any Project incorporates fonts not owned by DesignLah and requiring a commercial license for the Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), DesignLah shall notify the Client in writing. This notice will inform the Client that one or more Third-Party Fonts have been included in the Project and that the Client must purchase the necessary licenses for these fonts from the respective rights-holder(s) to comply with applicable laws.

The written notice will provide sufficient details for the Client to identify:

1. The specific Third-Party Fonts requiring licensing; and
2. The contact information or other relevant details necessary for the Client to purchase the required licenses.

Upon receipt of this notice, the Client assumes full responsibility for obtaining the necessary licenses. DesignLah shall not be held liable for any legal or financial consequences arising from the Client’s failure to secure the appropriate licenses for the Third-Party Fonts included in the Project, provided DesignLah has fulfilled its obligation to notify the Client as described above.

4. User Representations

By using the Website, the Client represents and warrants that:

1. Legal Capacity: The Client has the legal capacity to enter into this Agreement and agrees to comply with these Terms of Use.
2. Age of Majority: The Client is not a minor under the laws of their domicile or residence.
3. Prohibited Access Methods: The Client will not access the Website through automated or non-human means, including but not limited to the use of bots, scripts, or any other automated technologies.
4. Lawful Purpose: The Client will not use the Website for any unlawful or unauthorized purpose.
5. Compliance with Laws: The Client’s use of the Website complies with all applicable laws, regulations, and guidelines, including but not limited to the laws of Malaysia.

5. Prohibited Activities

The Client agrees to use the Website solely for its intended purposes and in connection with the services provided by DesignLah. Any unauthorized or inappropriate use of the Website is strictly prohibited. Specifically, the Client agrees to refrain from the following activities:

By using the Website, the Client represents and warrants that:

1. Unauthorized Use:
   • Making any unauthorized use of the Website or its Content.
   • Retrieving data or Content from the Website to create or compile a database, directory, or any similar collection.
2. Security and Access Violations:
   • Circumventing, disabling, or interfering with any security-related features on the Website.
   • Bypassing any measures designed to prevent or restrict access to the Website or any portion thereof.
   • Engaging in unauthorized framing or linking of the Website.
3. Deceptive or Malicious Activities:
   • Tricking, defrauding, or misleading DesignLah or other users of the Website.
   • Uploading, transmitting, or attempting to upload or transmit viruses, Trojan horses, or other malicious code that could interfere with the Website’s functionality or disrupt any party’s use of the Website.
   • Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism (e.g., cookies, spyware).
4. Interference and Competition:
   • Interfering with, disrupting, or creating an undue burden on the Website, its features, or DesignLah’s networks or servers.
   • Using the Website to compete with DesignLah, including any actions aimed at replicating or undermining the services provided by DesignLah.
5. Intellectual Property Violations:
   • Deciphering, decompiling, disassembling, or reverse-engineering any software or code associated with the Website.
   • Copying, adapting, or deleting any portion of the Website’s software or Content, including removing copyright or proprietary notices.
6. Harassment and Defamation:
   • Harassing, annoying, intimidating, or threatening any employees, independent contractors, or agents of DesignLah.
   • Disparaging, tarnishing, or otherwise harming DesignLah’s reputation, brand, or goodwill.
7. Legal Compliance:
   • Using the Website in a manner inconsistent with any applicable laws, statutes, or regulations, including but not limited to Malaysian laws.

Failure to adhere to these prohibitions may result in the suspension or termination of the Client’s access to the Website, as well as any additional legal remedies available to DesignLah under applicable law.

6. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submissions provided to DesignLah (each, a “Submission”) shall become the sole property of DesignLah. DesignLah is not obligated to maintain confidentiality or take steps to ensure the confidentiality of any Submission, unless specifically agreed otherwise in writing or required by applicable Malaysian laws.

DesignLah shall retain exclusive ownership of all rights, title, and interest in any Submission, except where rights are explicitly granted to the Client under Paragraph 2 (“Ownership of Materials”). DesignLah may use, distribute, and disseminate any Submission for any lawful purpose, at its sole discretion, without seeking further permission, acknowledgment, or providing compensation to the Client, to the extent permitted under Malaysian intellectual property laws.

Client warrants that it holds the necessary rights to provide any Submission and that such Submission does not infringe on the rights of any third party, including but not limited to intellectual property rights under Malaysian law. By providing the Submission, the Client waives all claims and recourse against DesignLah in connection with the use, dissemination, or application of the Submission, subject to compliance with Malaysian regulations governing intellectual property and confidentiality.

7. Management and Oversite

DesignLah reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to any violation of the Terms of Use or any applicable Malaysian law, statute, or regulation. DesignLah further reserves the right, at its sole discretion, to restrict or deny access to the Website or disable the Client’s use of the Website in case of any violation. Such decisions shall be made without prior notice or liability to the Client.

All decisions regarding the management, operation, and monitoring of the Website are at the sole discretion of DesignLah. These decisions are made to protect the rights and property of DesignLah, and the Company is under no obligation to provide notice or seek permission from the Client before taking any action deemed necessary.

8. Privacy Policy

By using the Website, Client agrees to be bound by the Privacy Policy, including any terms and provisions set forth therein, which are hereby adopted and incorporated into these Terms of Use. The Website is hosted in Malaysia. Accessing the Website from jurisdictions outside Malaysia, such as the EU, Asia, or other regions, may result in the applicability of laws, statutes, or regulations different from those governing the collection, use, or disclosure of personal data in Malaysia.

Client’s continued use of the Website and the transfer of data to Malaysia constitutes express consent by the Client to the transfer, processing, and storage of personal data in Malaysia, in compliance with applicable Malaysian data protection laws, including the Personal Data Protection Act (PDPA) 2010.

DesignLah does not knowingly collect or solicit information from individuals under the age of 18. In compliance with the relevant child protection laws, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to DesignLah without the consent of a parent or guardian, DesignLah shall take reasonable steps to delete that information as soon as practically possible, in accordance with applicable laws.

9. Returns and Refunds

DesignLah reserves the right, at its sole discretion, to deny any refund requests without notice or liability to the Client. Refund requests will be assessed on a case-by-case basis. If the Client requests a refund during the first month of use, all materials produced by DesignLah will remain the property of the company. The Client is prohibited from using, distributing, or claiming ownership over any materials created by DesignLah, and the Client agrees to cease all use of such materials in any manner upon the refund request.

If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.

THATHESTUDIO reserves the right to take appropriate legal actions against Client for breach of this paragraph.

10. Modification

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

11. Connection Interruptions

DesignLah does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other factors beyond DesignLah's control may result in interruptions, delays, or errors. The Client agrees that DesignLah shall not be held 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 Malaysia, without regard to any conflict of law principles.

13. Litigation

Any legal action of whatever nature shall be brought in the courts of Malaysia, specifically the state courts or the High Court of Malaysia. The parties hereby consent to personal jurisdiction in these courts and waive any defenses of lack of personal jurisdiction or 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 is excluded from these Terms of Use.

14. Disclaimer

The Website is provided on an "as-is" and "as-available" basis. Client agrees that the use of the Website and Services is at Client’s sole risk. DesignLah disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. DesignLah makes no warranties or representations regarding the accuracy or completeness of the Website or any content thereon, or content from any websites linked to the Website. DesignLah assumes no liability for any errors, mistakes, or inaccuracies in content and materials, personal injury or property damage, unauthorized access to or use of DesignLah’s secure servers and/or any personal or financial information stored therein, any interruption or cessation of transmission to or from the Website, any bugs, viruses, Trojan horses, or other harmful components transmitted through the Website by any third party, or any errors or omissions in content and materials. DesignLah is not responsible for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. DesignLah does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, any hyperlinked website, or any website or mobile application featured in any advertising.

15. Limitations of Liability and Indemnification

DesignLah and its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures, or other damages or losses arising from Client's use of the Website.

Client agrees to defend, indemnify, and hold harmless DesignLah 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 attorneys’ 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 Client’s representations and warranties set forth herein;
4. Client’s violation of the rights of any third party, including but not limited to intellectual property rights.

Notwithstanding the foregoing, DesignLah reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify DesignLah hereunder. Client agrees to cooperate with the defense of such claims.

16. User Data

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

17. Electronic communications, transactions and signatures

Client hereby consents to receive electronic communications from DesignLah 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. Client 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 DesignLah or through the Website. Client 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 payments or the granting of credits by any means other than electronic.

18. Showcasing Design Work

DesignLah reserves the right to share design work on digital channels, including social media, website, etc., unless otherwise agreed upon. The Client has the right to request the execution of a Non-Disclosure Agreement (NDA) between themselves and DesignLah, which, upon signing, would nullify DesignLah's right to share or publicly discuss the Client's work.

19. Referrals

Client agrees to participate in the referral program offered by DesignLah. For every successful referral, the referring party will receive a one-time commission of 5% of the service fee paid by the referred Client. The commission will be calculated based on the total amount of the service fee and paid only once for each referred service. DesignLah reserves the right to modify or terminate the referral program at its discretion.

20. 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 DesignLah. Failure of DesignLah 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 unenforceability 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 Client and DesignLah.

21. Contact Information

For any questions or complaints regarding the Website, please contact DesignLah at: support@designlah.com