Terms of Service

1. Acceptance of Terms

By accessing and using the UXShift website and services ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and UXShift ("we," "us," "our," or "Company") governing your use of our website, services, and related offerings.

2. Definitions

3. User Responsibilities and Account Security

3.1 Account Registration

To access certain features of our Service, you may be required to create 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.

3.2 Account Security

You are responsible for safeguarding the password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Acceptable Use

You agree not to use the Service to:

• Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy, or otherwise objectionable
• Violate any laws, regulations, or third-party rights
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use the Service for any commercial purposes without our express written consent
• Engage in any automated use of the system

4. Intellectual Property Rights

4.1 UXShift Content

All content included on or made available through our Service, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of UXShift or its content suppliers and is protected by Philippine and international copyright laws.

4.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your personal or business purposes, subject to these Terms. This license does not include any resale or commercial use of the Service or its contents.

4.3 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our material without our express written consent.

5. User-Generated Content

5.1 Content Ownership

You retain ownership of any User Content you submit. However, by submitting User Content, you grant UXShift a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content in connection with the Service and our business.

5.2 Content Standards

You represent and warrant that:

• You own or have the necessary rights to submit the User Content
• Your submission of User Content does not violate any rights of privacy, publicity, or other rights of any person or entity
• The User Content does not contain any viruses or other harmful code
• The User Content is accurate and not misleading

5.3 Content Moderation

We reserve the right, but are not obligated, to monitor, edit, or remove any User Content that we deem inappropriate, offensive, or in violation of these Terms.

6. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to the collection and use of your information as described in our Privacy Policy.

6.1 Data Security

We implement appropriate security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or method of electronic storage is 100% secure.

6.2 Data Retention

We retain personal information for as long as necessary to fulfill the purposes outlined in our Privacy Policy, unless a longer retention period is required or permitted by law.

7. Service Availability and Modifications

7.1 Service Availability

We strive to provide continuous service, but do not guarantee that the Service will be available at all times. We may experience hardware, software, or other problems and need to perform maintenance, resulting in interruptions, delays, or errors.

7.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We shall not be liable for any modification, price change, suspension, or discontinuance of the Service.

7.3 New Features

We may introduce new features, which shall be subject to these Terms unless otherwise stated.

8. Payment Terms and Billing

8.1 Fees and Charges

Certain features or services may be subject to fees. All fees are stated in Philippine Peso (PHP) unless otherwise specified. We reserve the right to change our fees at any time, but such changes will not affect orders already placed.

8.2 Payment Methods

We accept various payment methods as displayed during the checkout process. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred.

8.3 Refunds and Cancellations

Refunds and cancellations are subject to our refund policy, which is incorporated into these Terms by reference. Refund requests must be submitted within the timeframe specified in our refund policy.

9. Disclaimers and Limitation of Liability

9.1 Service Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UXSHIFT MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 Limitation of Liability

IN NO EVENT SHALL UXSHIFT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR PARTNERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, REVENUE, OR DATA ARISING FROM YOUR USE OF THE SERVICE.

9.3 Maximum Liability

IN NO EVENT SHALL UXSHIFT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID UXSHIFT IN THE PAST SIX MONTHS OR ONE THOUSAND PHILIPPINE PESOS (PHP 1,000), WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless UXShift, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney and accounting fees, arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.

10.1 Defense and Cooperation

You agree to cooperate with UXShift in the defense of any such claims. UXShift reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree not to settle any such matter without UXShift's prior written consent.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us through the contact information provided below. Upon termination, your right to use the Service will cease immediately.

11.2 Termination by UXShift

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

11.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11.4 Data Handling Upon Termination

Upon termination, we will delete your personal data in accordance with our Privacy Policy, except as required by law or for legitimate business purposes.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be interpreted and governed by the laws of the Republic of the Philippines, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts in Bacolod City, Philippines.

12.2 Dispute Resolution Process

Before pursuing formal legal proceedings, we encourage you to contact us first to discuss any concerns. We are committed to resolving disputes amicably and efficiently. If a dispute cannot be resolved informally, the matter shall be referred to mediation before proceeding to litigation.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis only. Class actions, class arbitrations, and representative actions are prohibited.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

13.1 Notification of Changes

When we make changes to these Terms, we will update the "Last updated" date at the top of this page. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

13.2 Material Changes

For material changes that affect your rights or obligations, we will provide additional notice through email or prominent notice on our Service.

14. Miscellaneous Provisions

14.1 Entire Agreement

These Terms, together with any legal notices and agreements contained on the Service, constitute the entire agreement between you and UXShift concerning the Service.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

14.3 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms without restriction.

14.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

14.5 Force Majeure

UXShift shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, labor disputes, government actions, internet disturbances, or failures of third-party services.

15. Contact Information