Terms of Use

The following terms of use (“Terms”) govern your access to and use of the websites hellokellyco.com, and shop.hellokellyco.com (collectively, the “Websites”), operated and owned by Hello Kellyco (collectively, “Hello Kellyco”, “we”, “us” or “our”).

The Websites provide educational content and resources for software developers and designers (the “Services”), including paid content such as digital assets.

Please read these Terms carefully before using the Websites and Services. By using or accessing the Websites or Services, you agree to be legally bound by these Terms and our Privacy Policy (collectively, the “Policies”). If you do not agree to the Policies, you should not use or access the Websites or Services. The Policies apply to all users, including visitors who the Services (collectively, “users” or “you”).

These Terms govern the access or use by you of the Websites or Services. By using the Services you are explicitly agreeing that you have verified that your use of the Services is permitted under Applicable Law.

Subject to your compliance with these Terms, Hello Kellyco grants you a limited, non-transferable, non-exclusive, revocable right to access and use the Websites and/or the Services solely for your personal, non-commercial use. Hello Kellyco does not grant you or any other party any right, title or interest in the Websites and/or Services. We reserve all rights not expressly granted to you under these Terms.

You hereby warrant and represent that:

• You are the legal age of majority in your jurisdiction and have the authority to enter into these Terms;
• Any information that you provide to us, including any personal or financial information provided as part of the payment of the Services, shall be accurate, current, and complete;
• You shall not falsify your identity or impersonate any other person, or provide any personal or financial information of any other person;
• You shall not use the Websites or Services for any unlawful, illegal, deceptive, misleading, fraudulent, or abusive purpose;
• You shall comply with all Applicable Law when using the Services and you will use the Services only for lawful purposes. As used in these Terms, “Applicable Law” means all domestic or foreign federal, provincial, state, municipal or local laws, common law, civil laws, rules, statutes, regulations, by-laws, ordinances, policies, directives or orders of any government, court, administrative or regulatory agency, commission, body, board or other government authority.

In the event of your breach of any of the Terms set out herein, Hello Kellyco may, in its sole and absolute discretion, suspend or revoke your right to use the Services or Websites without notice to you.

Except as expressly permitted under these Terms, without our prior written consent, you may not:

• Copy, sell, publish, reproduce, distribute, display, transmit, or otherwise redistribute the Services, or make paid Services available publicly;
• Modify, adapt, translate, alter, reverse engineer, decompile, disassemble, or hack the Services or modify any website so as to falsely imply that it is associated with Hello Kellyco or the Services;
• Create derivative works, compilations or collective works based on or otherwise exploit any part of the Services;
• Use the Services to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
• Upload, share, or otherwise transmit files that contain a virus, trojan or corrupted data;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by Hello Kellyco, may harm us, users of the Services or expose them or us to liability;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• Remove any copyright, trademark or other proprietary notices from any portion of the Services;
• Cause nuisance, annoyance, inconvenience or property damage, whether to Hello Kellyco or any other third-party, while using the Services.

The Services are licensed, not sold. Except for the license expressly granted herein, Hello Kellyco retains all right, title and interest in and to the Services and Websites and in all related intellectual property and its derivative works, including registrations, applications, renewals and extensions of such rights (the "Works"). The rights in these Works are valid and protected in all forms, media and technologies existing now or hereinafter developed and any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, display, republication or performance of the Works, except as specifically permitted herein, is strictly prohibited. Hello Kellyco retains all rights not expressly granted herein.

You acknowledge and agree that your use and access to the Services is provided via the internet. Your information, including personal information (as defined in the Privacy Policy), may be transferred across borders and stored or processed in accordance with our Privacy Policy.

The Services we offer via the Websites, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no licence or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the Services (“Feedback”), we are free to fully exploit such Feedback without obligation or compensation to you.

All materials, including any text, images, illustrations, designs, videos, code snippets, games, software, data, and other materials that are part of the Websites or Services, other than user generated content (collectively, the “Content”), is owned, controlled or licensed by Hello Kellyco or its licensors and is protected by European and international intellectual property laws. The Content is provided on an “as is” and “as available” basis for informational purposes only and is subject to change without notice.

The compilation (i.e. the selection, collection, arrangement, and assembly) of the Content is the exclusive property of Hello Kellyco and is also protected by European and international copyright laws.

All trademarks and Services marks that appear on the Websites or the Services that are not owned by Hello Kellyco are the property of their respective owners (the “Third-Party Marks”). All such Third-Party Marks are used under licence from their respective owners.

Nothing in this agreement grants you any right, title or interest in any intellectual property of Hello Kellyco or its licensors, including without limitation the Third-Party Marks, and any and all uses of such intellectual property shall be subject to approval by the applicable rights holder(s). Without limiting the generality of the foregoing, access to the Websites or the Services does not confer and shall not be considered as conferring upon anyone any licence under any of Hello Kellyco or any third-party's intellectual property rights.

You may only copy, reproduce, store, or download content on the Websites and/or Services for personal non-commercial use, unless otherwise agreed with us in writing or allowed under applicable mandatory law.

You are solely responsible for obtaining and maintaining all internet or data network access, device hardware and other equipment needed to access and use the Services, and you shall be solely responsible for all charges and fees related thereto.

Due to technical difficulties with the internet, internet software or transmission, problems could produce inaccurate or incomplete copies of information contained in the Services.

HELLO KELLYCO AND ITS AFFILIATES, SUPPLIERS, LICENSORS, CONTRACTORS, LICENSEES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES (COLLECTIVELY THE “HELLO KELLYCO PARTIES”) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE OR SERVICES. IN NO EVENT ARE THE HELLO KELLYCO PARTIES LIABLE FOR ANY COSTS, DAMAGES OR EXPENSES INCURRED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITES OR SERVICES.

You understand and agree that electronic communications, including over the internet and through email, are not secure means of communication and the privacy, integrity or authenticity of any communication over the Internet with you shall not expose the Hello Kellyco Parties to any liability for damages you may suffer as a result of communicating with us by electronic communications.

The Website may contain links to other websites (“Third-Party Websites”). These links are provided solely as a convenience to you and not as an endorsement by Hello Kellyco of the contents on such Third-Party Websites. If you access Third-Party Websites, you do so at your own risk and you understand that the Policies do not apply to your use of such Third-Party Websites.

Because we have no control over such sites, you acknowledge and agree that the Hello Kellyco Parties are not responsible for, and have no liability with respect to, the availability or unavailability of such sites, for the treatment of your personal information by such sites, or for the information, products, content or other materials on or available from such sites or resources. We encourage you to review the terms of use and privacy policy for all Third-Party Websites you visit.

The following disclaimers apply to all Websites and Services.

While we endeavour to keep downtime to a minimum, we cannot promise that the Services or availability of the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend the operation or availability of the Services or any part thereof, with or without prior notice for any reason. You shall not be entitled to any refunds of fees for interruption of the Services or the availability of the Services.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. You agree that the Hello Kellyco Parties shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Services or of your ability to access it.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HELLO KELLYCO PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, CONDITIONS, GUARANTEES AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. IN ADDITION, HELLO KELLYCO MAKES NO CONDITION, REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER OR SYSTEM OR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

HELLO KELLYCO MAKES NO REPRESENTATION OR WARRANTY AND DOES NOT GUARANTEE THE RELIABILITY, QUALITY, QUALIFICATIONS, SUITABILITY, CAPABILITY, SAFETY, ABILITY OR AVAILABILITY OF ANY SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. HELLO KELLYCO DOES NOT GUARANTEE THAT THE SERVICES, OR ANY PORTION THEREOF, WILL FUNCTION ON ANY PARTICULAR HARDWARE OR DEVICES. IN ADDITION, THE SERVICES MAY BE SUBJECT TO MALFUNCTIONS AND DELAYS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE HELLO KELLYCO PARTIES BE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), COMMON, CIVIL OR REGULATORY LAW (INCLUDING PRIVACY) OR OTHERWISE) FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ECONOMIC, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SUCH AS DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA, DAMAGES FOR DELETION, CORRUPTION, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE SERVICES, ANY SERVICES INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) THE WEBSITES OR SERVICES OR ANYTHING OBTAINED THROUGH THE WEBSITES OR SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICES, IN ANY CONTENT AVAILABLE OR ACCESSIBLE ON THE WEBSITES OR DISPLAYED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OR IN CONNECTION WITH THE SERVICES, OR IN THE OPERATION OF THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE HELLO KELLYCO PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

THE LIABILITY OF THE HELLO KELLYCO PARTIES TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED FOR THE AMOUNT PAID, IF ANY, BY THE USER TO HELLO KELLYCO FOR THE SERVICES ON WHICH SUCH CAUSE OF ACTION IS BASED.

You agree to defend, indemnify and hold harmless the Hello Kellyco Parties from and against any and all loss, liability, obligation, damage, cost, claim, demand, debt, expense, including but not limited to reasonable attorneys’ fees relating to or arising out of: (a) your use of and access to the Services; (b) your breach of any term of these Terms, including without limitation any breach of your representations and warranties set forth above; (c) your violation of any third-party right, including without limitation any intellectual property, real property rights, or privacy right or any rights of any person; (d) your violation of any Applicable law; (e) negligent or willful misconduct; (f) any use or inability to use our Services; or (g) any claim or demand by any third party arising out of or relating to your access or use of the Services. This indemnification provision survives termination of these Terms and your use of the Services and Websites.

These Terms will remain in full force and effect unless and until updated or terminated hereunder.

Hello Kellyco may, at its sole discretion, at any time and for any reason, without notice to you, suspend or terminate your right to use and access the Services and/or the Websites. Upon termination, you shall no longer have the right to use and/or access the Services or Websites. A suspension will be for such period of time as we may reasonably determine is necessary to permit the thorough investigation of the activity that resulted in the suspension.

YOU AGREE THAT THE HELLO KELLYCO PARTIES HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE OF ANY KIND HOWSOEVER ARISING FROM ANY REFUSED, SUSPENDED, CANCELED OR TERMINATED STATUS AS A USER.

These Terms together with the Privacy Policy set out the entire Agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us.

This provision survives termination of these Terms. All parties agree to first attempt to resolve any dispute relating to the access or use of the Websites or Services on an individual basis. If you have a question or concern about the Websites or Services, please contact us first at legal@hellokellyco.com. Our support team will try to answer your question or resolve your concern. In the event we are unable to resolve the dispute directly, the parties agree to resolve any and all disputes through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. Each party will initially bear its own attorneys' fees and expenses in connection with any dispute resolution.

If the parties are not successful in resolving the dispute informally, they agree that the dispute will be referred to arbitration, before a single arbitrator, under the rules and procedures set out in the Voluntary Arbitration Law (Law no. 63/2011, of December 14). Unless otherwise agreed by the parties, any arbitration will be held in Coimbra, Portugal.

To the maximum extent permitted by applicable law, any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against Hello Kellyco.

These Terms and your use of the Services or Websites are governed by, construed, and enforced in accordance with the applicable laws of the Portuguese Republic, without prejudice to the rules on conflict of laws. Any legal action to enforce these Terms, or in connection with any matters related to the Websites or Services, shall be brought exclusively before the Courts of Coimbra, Portugal, and you irrevocably consent to the exclusive jurisdiction of those Courts.

The headings and subheadings herein are provided for convenience of reference only and are not to be used in construing these Terms or any provision thereof.

These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or convey these Terms to a third-party without restriction or notice to you.

Hello Kellyco shall be excused for the period of any delay in the performance of any of its obligations under these Terms when such delay is due (in whole or in part) to a cause reasonably beyond our control, including, without limitation, labor disputes, pandemics, epidemics, civil commotion, war, governmental regulations or controls, government action, fire or other casualty, weather, and/or acts of God.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.

If a court of competent jurisdiction finds that any provision of these Terms is invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.

Any provisions of these Terms, the performance of which by either or both parties, or by their sense and context, are intended to survive, will survive the completion, expiration, termination or cancellation of these Terms.

We may, in our sole discretion, update these Terms to, for example, reflect changes to our practice or to the law. Please review the Terms regularly. If you do not agree to the modified Terms, you should discontinue your access or use of Websites or Services. Your continued use of the Websites or Services shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

These Terms may have been translated if we have made them available to you on our Services and/or Websites. You agree that the original English text shall prevail in the case of a dispute.

To get in touch with us, please contact us by email at legal@hellokellyco.com.