Terms of Service
1. Introduction
Welcome to the Construct website ("Site"). These Terms of Service ("Terms") govern your use of our services, including but not limited to branding, web design and SEO, video editing, offer creation, lead magnets, funnels, and drip campaigns ("Services"). By accessing or using our Site and Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.
2. Changes to Terms
Construct reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site and Services following the posting of revised Terms means that you accept and agree to the changes.
3. Use of Site and Services
3.1 Eligibility
You must be at least 18 years old to use our Site and Services. By using our Site and Services, you represent and warrant that you meet this age requirement.
3.2 Account Registration
To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account.
3.3 Prohibited Activities
You agree not to:
- Use the Site or Services for any illegal or unauthorized purpose.
- Access, tamper with, or use non-public areas of the Site or Services.
- Interfere with or disrupt the integrity or performance of the Site or Services.
4. Fees and Payment
4.1 Fees
Fees for our Services are set forth on our Site. We reserve the right to change our fees at any time. Any changes to fees will not affect existing contracts.
4.2 Payment
All payments are due in accordance with the terms set forth in your service agreement. Payments may be made by credit card, bank transfer, or other methods specified by Construct.
4.3 Late Payments
Late payments may incur additional fees as specified in your service agreement. Construct reserves the right to suspend or terminate Services for non-payment.
5. Intellectual Property
5.1 Ownership
Construct owns all rights, title, and interest in and to the Site and Services, including all intellectual property rights.
5.2 License
Construct grants you a limited, non-exclusive, non-transferable, and revocable license to use the Site and Services for your personal or internal business purposes.
5.3 Restrictions
You may not copy, modify, distribute, sell, or lease any part of our Site or Services, nor may you reverse engineer or attempt to extract the source code of that software.
6. Confidentiality
You agree to maintain the confidentiality of any non-public information disclosed to you in connection with the use of our Services. This includes, but is not limited to, business processes, pricing information, and client data.
7. Termination
7.1 Termination by Construct
Construct may terminate or suspend your access to the Site and Services at any time, with or without cause, with or without notice.
7.2 Termination by You
You may terminate your account and discontinue your use of the Services at any time by following the instructions on the Site.
7.3 Effects of Termination
Upon termination, your right to use the Site and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Disclaimers and Limitation of Liability
8.1 Disclaimers
The Site and Services are provided "as is" and "as available" without warranties of any kind, either express or implied. Construct disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
8.2 Limitation of Liability
In no event shall Construct, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, the Site or Services.
9. Indemnification
You agree to indemnify, defend, and hold harmless Construct, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services or your violation of these Terms.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
11. Dispute Resolution
Any disputes arising out of or relating to these Terms or the Site and Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in New York, New York.
12. Miscellaneous
12.1 Entire Agreement
These Terms constitute the entire agreement between you and Construct regarding the use of the Site and Services and supersede all prior agreements and understandings, whether written or oral, regarding such subject matter.
12.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.3 Waiver
The failure of Construct to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
12.4 Assignment
You may not assign these Terms or any of your rights or obligations hereunder without Construct's prior written consent. Construct may assign these Terms at any time without notice to you.
13. Contact Us
If you have any questions about these Terms, please contact us at:
- Email: info@construct.com
- Phone: +1 (917) 721-2699
- Address: 598 Fifth Avenue, Suite 805, New York, NY 10036
Thank you for choosing Construct!