Terms of Service
Agreement

Last Updated Date: May 26, 2025

Effective Date: May 26, 2025

This Terms of Use Agreement (the “Agreement”) is a legally binding contract between sole proprietor Andrei Butenko, registered at Krtsanisi District, Nino and Ilia Nakashidze Street, N1, Apartment N3, Building N3, Tbilisi, T’bilisi 0108, Georgia (“Nailit.Design,” "Nailit Design" “we,” “us,” or “our”), and any individual or entity (the “Client”) who accesses or uses the Nailit.Design website at https://nailit.design (the “Website”) or any related media, channels, mobile websites, or mobile applications (collectively, the “Services”).

If the Client does not agree to all of the terms, conditions, and obligations contained herein, the Client must immediately discontinue use of the Services. Any obligation of the Client to pay Nailit.Design for services already rendered shall survive termination of this Agreement.

1. Intellectual Property Rights

Unless otherwise stated, Nailit.Design owns all rights, title, and interest in and to the Website and its Content (including, without limitation, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics), and all trademarks, service marks, and logos therein (collectively, the “Marks”). All Content and Marks are protected by copyright, trademark, and other intellectual property laws of Georgia, foreign jurisdictions, and international conventions. The Content and Marks are provided “as-is” for Client’s personal, non-commercial use only. Except as expressly provided in this Agreement, no Content or Marks may be copied, reproduced, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without Nailit.Design’s prior written permission. All rights not expressly granted are reserved by Andrei Butenko.

2. Ownership of Materials

All design work and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall own all copyrights therein. In the event that any operation of law would vest ownership in Nailit.Design instead of Client, Nailit.Design hereby irrevocably and perpetually assigns its interest to Client.
Client warrants that any materials provided to Nailit.Design for use in Projects are owned by Client and do not infringe third-party rights.
Nailit.Design may showcase Client’s work publicly (e.g., in portfolios or on social media) unless otherwise agreed in writing.

3. Third-Party Fonts

If any Project incorporates fonts requiring a commercial license (“Third-Party Fonts”), Nailit.Design will notify Client in writing. Client is responsible for securing and paying for all necessary licenses. Nailit.Design is not liable for Client’s failure to obtain such licenses.

4. User Representations

By using the Services, Client represents and warrants that:

Client has the legal capacity to enter into this Agreement and comply with its terms;
Client is not a minor under the laws of their domicile;
Client will not access the Services via automated or non-human means;
Client will not use the Services for any illegal or unauthorized purpose;
Client’s use of the Services will comply with all applicable laws and regulations.

By using the Services, Client represents and warrants that:

Client has the legal capacity to enter into this Agreement and comply with its terms;
Client is not a minor under the laws of their domicile;
Client will not access the Services via automated or non-human means;
Client will not use the Services for any illegal or unauthorized purpose;
Client’s use of the Services will comply with all applicable laws and regulations.

5. Prohibited Activities

Client shall not:

Copy, reproduce, distribute, or create derivative works from any part of the Services without Nailit.Design’s consent;
Circumvent or interfere with the security features of the Services;
Impose an unreasonable load on Nailit.Design’s infrastructure;
Reverse-engineer, decompile, or disassemble any software comprising the Services;
Upload or transmit viruses, malware, or harmful code;
Harass, threaten, or harm Nailit.Design’s staff or other users;
Use the Services in violation of any law or regulation.

Client shall not:

Copy, reproduce, distribute, or create derivative works from any part of the Services without Nailit.Design’s consent;
Circumvent or interfere with the security features of the Services;
Impose an unreasonable load on Nailit.Design’s infrastructure;
Reverse-engineer, decompile, or disassemble any software comprising the Services;
Upload or transmit viruses, malware, or harmful code;
Harass, threaten, or harm Nailit.Design’s staff or other users;
Use the Services in violation of any law or regulation.

6. Client Feedback

Any feedback, suggestions, or submissions provided by Client (“Submissions”) shall be the sole property of Nailit.Design, which may use, reproduce, disclose, and distribute such Submissions for any purpose without acknowledgment or compensation to Client.

7. Management and Oversight

Nailit.Design reserves the right to monitor use of the Services, enforce these Terms, take legal action against violators, and restrict or deny access at its sole discretion, without notice or liability.

8. Privacy Policy

Client’s use of the Services is governed by the Nailit.Design Privacy Policy, incorporated herein by reference. Nailit.Design is registered in Georgia and may store and process personal data there. Third-party providers (e.g., Namecheap, Framer, Google, Cal.com) may process data in other jurisdictions. Clients under 13 years of age are not permitted to use the Services.

9. Refunds and Compensation

Nailit.Design reserves the right to deny any refund request at its sole discretion. All refund requests are reviewed within ten (10) business days of receipt. If a refund is approved, Nailit.Design retains twenty-five percent (25 %) of the unused portion of the purchased service and deducts any fees charged by Lemon Squeezy, Paddle, PayPal, Gumroad, Stripe, Wise, Payoneer, Paysend, or bank-transfer intermediaries. Approved refunds are paid to the Client within fourteen (14) business days after written notification of approval, using the same payment method originally provided unless otherwise agreed in writing; for international wire transfers the Client bears any intermediary or receiving-bank charges, and the refund shall be deemed paid once the instructed amount leaves Nailit.Design’s account.

10. Modification

Nailit.Design may modify, amend, or remove any part of the Services at any time without notice or liability. Nailit.Design may discontinue all or part of the Services at its discretion.

11. Connection Interruptions

Nailit.Design does not guarantee continuous availability of the Services. Interruptions may occur due to hardware, software, or other factors. Nailit.Design is not liable for any loss, damage, or inconvenience resulting from such interruptions.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Georgia, without regard to its conflict-of-law principles.

13. Dispute Resolution

Any dispute arising under this Agreement shall first be attempted to be resolved by good-faith negotiation for thirty (30) days. If unresolved then:

All Clients: exclusive jurisdiction of the courts of Tbilisi, Georgia;
EU Consumers: retain rights under mandatory consumer-protection laws of their Member State;
US Consumers: may, at their option, bring proceedings in any federal or state court of their residence; parties consent to personal jurisdiction and venue in such courts.

Any dispute arising under this Agreement shall first be attempted to be resolved by good-faith negotiation for thirty (30) days. If unresolved then:

All Clients: exclusive jurisdiction of the courts of Tbilisi, Georgia;
EU Consumers: retain rights under mandatory consumer-protection laws of their Member State;
US Consumers: may, at their option, bring proceedings in any federal or state court of their residence; parties consent to personal jurisdiction and venue in such courts.

14. Disclaimer

The Services are provided “as-is” and “as-available.” Client’s use is at Client’s sole risk. Nailit.Design disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Nailit.Design makes no representation as to the accuracy or completeness of Content and is not liable for errors, interruptions, or unauthorized access.

15. Limitation of Liability and Indemnification

Nailit.Design, its affiliates, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from Client’s use of the Services. Client agrees to indemnify, defend, and hold harmless Nailit.Design and its affiliates from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising out of:

Client’s use of the Services;
Client’s breach of this Agreement;
Client’s violation of any third-party rights.

Client’s use of the Services;
Client’s breach of this Agreement;
Client’s violation of any third-party rights.

16. User Data

Client is solely responsible for all data transmitted to or through the Services. Nailit.Design shall not be liable for any loss or corruption of such data.

17. Electronic Communications, Transactions, and Signatures

Client consents to receive electronic communications from Nailit.Design and agrees that all agreements, notices, disclosures, and other communications sent via email, messaging platforms (including Telegram and Slack), or through the Website satisfy any legal requirement that such communications be in writing. Client also agrees to the use of electronic signatures, electronic contracts, orders, and other electronic records.

18. Licensing

Client is responsible for ensuring proper licensing of all content (images, fonts, etc.) used in any materials. Any licenses held by Nailit.Design are not transferable to Client unless explicitly stated in writing.

19. Showcasing Client Work

Nailit.Design reserves the right to share Client’s work on digital channels, including social media and the Website, unless prohibited by an NDA or other written agreement.

20. Miscellaneous

This Agreement, together with any policies posted on the Website, constitutes the entire agreement between Client and Nailit.Design. Failure to enforce any right does not constitute a waiver. If any provision is held unlawful or unenforceable, it will be severed without affecting the remaining provisions.

21. Contact Information

For any questions or complaints regarding the Services, please contact Nailit.Design at hi@nailit.design.

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Terms of Service
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