Terms & Conditions

Last updated: 01/02/2024

THIS TERMS OF USE AGREEMENT (the “Agreement”) creates a legally enforceable contract between SUPERCHARGED, a company formed under the laws of Ontario (“Supercharged”) and the client, either personally or on behalf of an entity (“Client”), concerning the access to and use of the Supercharged website: https://www.sprchrgd.com/ (the “Website”) and any other media form, channel, mobile website, or mobile application linked, or otherwise connected thereto. Non-agreement or non-compliance with all of the terms, conditions, and obligations herein expressly prohibits the Client from using the Website, necessitating an immediate discontinuation of use. Should this occur, the relationship between Client and Supercharged is terminated, except for any remaining obligations of the Client to compensate Supercharged for services rendered, which persist as an ongoing commitment.

1. Intellectual Property Rights

The Website is owned by Supercharged, including 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”), which are owned, controlled, and protected by copyright and trademark laws along with any applicable intellectual property laws of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for personal use only. Without Supercharged’s explicit written consent, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose whatsoever.

2. Ownership of Materials

Despite Supercharged’s ownership claims, all designs and original source files created for the Client (“Projects”) are the Client’s property, with the Client holding sole copyright. Should any legal mechanism inadvertently assign ownership of a Project to Supercharged, Supercharged irrevocably and perpetually transfers all interest in the Project to the Client, unconditionally. The Client guarantees that materials provided to Supercharged for incorporation into a project are owned by the Client and do not infringe upon or misappropriate any third-party rights, including intellectual property and publicity rights. Supercharged reserves the right to publicly share the Client’s design work unless otherwise agreed upon as stated in section 18 of this document.

3. Third-Party Fonts

If a Project includes fonts not owned by Supercharged requiring a commercial license for lawful reproduction, distribution, or public display by the Client (“Third-Party Font(s)”), Supercharged will notify the Client in writing, providing sufficient details for the Client to obtain the necessary licenses from the rights holders. Supercharged’s notification absolves it of responsibility for any consequences due to the Client’s failure to acquire appropriate licenses for Third-Party Fonts.

4. User Representations

By using the Website, the Client affirms they have the legal capacity to agree to these Terms of Use; are not a minor in their jurisdiction; will not automate access to the Website; will not use the Website for illegal purposes; and will comply with all applicable laws and regulations.

5. Prohibited Activities

The Client is restricted from using the Website for any purpose other than what it is intended for, especially avoiding any unauthorized commercial endeavours. This includes refraining from unauthorized use, database creation, security circumvention, unauthorized framing or linking, deception, undue burden creation on the Website or Supercharged’s networks, competition with Supercharged, software reverse engineering, bypassing access restrictions, harassment of Supercharged staff or agents, copyright notice removal, software copying or adaptation, malicious content upload, disparagement, or unlawful use.

6. Client Feedback

Feedback or submissions (“Submission”) from the Client become the sole property of Supercharged, with Supercharged having the freedom to use the Submission for any lawful purpose without confidentiality obligations, acknowledgment, or compensation to the Client. The Client waives any claims against Supercharged for using the Submission as it sees fit.

7. Management and Oversight

Supercharged reserves the right to monitor the Website for Terms of Use violations and take legal action for any breaches or violations of applicable laws. Supercharged may restrict or deny access to the Website or disable use at its discretion, without notice or liability.

8. Privacy Policy

By using the Website, the Client agrees to the Privacy Policy, which governs data collection, use, and disclosure. The Website is hosted in the USA and or Canada, and access from other regions may subject the Client to different data protection laws. Continued use of the Website by the Client signifies consent to data processing in the USA and or Canada. Supercharged does not solicit information from individuals under 18 and will delete any such information upon discovery.

9. Returns and Refunds

Supercharged may deny refunds at its discretion. Refund requests are evaluated individually. If a refund is issued within the first month of use, all materials produced remain Supercharged’s property and cannot be used by the Client. A 25% fee applies to any approved refund for the remaining billable period. Legal action may be taken for breaches of this agreement.

10. Modification

Supercharged reserves the right to change, modify, or remove Website content at its discretion and may modify or discontinue the Website without notice or liability.

11. Connection Interruptions

Supercharged does not guarantee uninterrupted access to the Website; interruptions beyond its control are not liable for any resulting loss or inconvenience.

12. Governing Law

These Terms of Use are governed by the laws of Ontario, Canada, excluding its conflict of laws principles.

13. Litigation

Legal actions must be brought in Ontario courts, with parties consenting to jurisdiction and waiving any objections to venue and jurisdiction.

14. Disclaimer

The Website is provided “as-is,” with Supercharged disclaiming all warranties and assuming no liability for Website content inaccuracies, damages, unauthorized access to servers, service interruptions, or third-party transmitted issues.

15. Limitations of Liability and Indemnification

Supercharged is not liable for indirect damages arising from Website use. The Client agrees to defend and indemnify Supercharged against all claims related to their use of the Website.

16. User Data

The Client is responsible for their data transmitted or related to Website use, with Supercharged not liable for any data loss or corruption.

17. Electronic Communications

The Client consents to electronic communications from Supercharged, satisfying legal requirements for written communications. Electronic signatures and transactions are accepted.

18. Showcasing Design Work

Supercharged reserves the right to share design work unless restricted by an NDA. An NDA voids Supercharged’s right to publicly share the Client’s work.

19. Referrals

Referral tracking and payments are managed through Rewardful.com.

20. Miscellaneous

These Terms of Use, the Privacy Policy, and Website policies constitute the entire agreement between the Client and Supercharged. Supercharged’s failure to enforce any provision is not a waiver. Severability applies to unlawful provisions. No joint venture, partnership, employment, or agency relationship is created between the Client and Supercharged.

Contact Information

For inquiries or complaints about the Website, contact the Supercharged support team at: support@sprchrgd.com.