Terms & conditions

Last updated: 13.09.2024

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement between BlueHills - Carlos Álvarez Dos Santos, a company registered in Switzerland, Canton of Graubünden (“BlueHills - Carlos Álvarez Dos Santos’”), and the client, whether personally or on behalf of an entity (“Client”), with regard to the access and use of BlueHills - Carlos Álvarez Dos Santos’s website https://www.bluehills.ch/ (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between the Client and BlueHills - Carlos Álvarez Dos Santos shall cease, except for any obligation of the Client to pay for services rendered, which shall remain an ongoing obligation owed by the Client to BlueHills - Carlos Álvarez Dos Santos.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of BlueHills - Carlos Álvarez Dos Santos, and 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 (the “Marks”) are owned and controlled by BlueHills - Carlos Álvarez Dos Santos. They are protected by copyright and trademark laws, as well as any applicable intellectual property laws of Switzerland, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. No part of the Website or Content may be copied, reproduced, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without BlueHills - Carlos Álvarez Dos Santos’s prior written permission. All rights to the Website, Content, and Marks are reserved.

2. Ownership of Materials

Notwithstanding BlueHills - Carlos Álvarez Dos Santos’s ownership of Submissions (as defined in Section 6 “Client Feedback”), all design and original source files created on the Client’s behalf (“Projects”) belong to the Client, and the Client shall be the sole owner of the copyright for all Projects. If any operation of law causes BlueHills - Carlos Álvarez Dos Santos to become the owner of a Project in whole or in part, BlueHills - Carlos Álvarez Dos Santos irrevocably assigns its entire interest in the Project to the Client without limitation. The Client warrants that all materials provided to BlueHills - Carlos Álvarez Dos Santos for use in the project are owned by the Client and do not infringe any third-party rights.

3. Third-Party Fonts

In the event that a Project includes third-party fonts requiring a commercial license, BlueHills - Carlos Álvarez Dos Santos will notify the Client in writing, providing details of the necessary licenses for the Client to obtain. The Client assumes responsibility for purchasing the required licenses and is liable for any consequences of failure to do so.

4. Client Representations

By using the Website, the Client represents that:

• They have the legal capacity to comply with these Terms of Use;
• They are not a minor under the laws of their domicile;
• They will not access the Website through automated or non-human means;
• They will not use the Website for any unlawful purposes or violate any applicable laws or regulations.

5. Prohibited Activities

The Client agrees not to use the Website for any commercial endeavors except those directly related to the work performed by BlueHills - Carlos Álvarez Dos Santos on behalf of the Client. The following activities are prohibited:

• Unauthorized use of the Website;
• Circumventing security measures;
• Framing or linking the Website without permission;
• Decompiling, disassembling, or reverse engineering any part of the Website;
• Uploading viruses or harmful code;
• Engaging in behavior that harms BlueHills - Carlos Álvarez Dos Santos or interferes with others’ use of the Website.

6. Client Feedback

Any feedback, suggestions, or other submissions (“Submissions”) provided by the Client become the sole property of BlueHills - Carlos Álvarez Dos Santos, which reserves the right to use the Submissions for any lawful purpose. The Client waives any rights to compensation or acknowledgment for such use.

7. Management and Oversight

BlueHills - Carlos Álvarez Dos Santos reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response. Access to the Website may be restricted or terminated at BlueHills - Carlos Álvarez Dos Santos’s discretion without notice.

8. Privacy Policy

By using the Website, the Client agrees to be bound by the Privacy Policy. The Website is hosted in the United States, and any data collected fulfills its legal obligations under the GDPR and is GDPR compliant. The Client consents to the transfer and processing of their data in accordance with the E.U. – U.S. Privacy Shield and the Swiss – U.S. Privacy Shield.

9. Returns and Refunds

Refunds are evaluated on a case-by-case basis. If a refund is granted, a fee of 25% may be applied to the remaining billable period. BlueHills - Carlos Álvarez Dos Santos reserves the right to take legal action for breach of this paragraph.

10. Modifications

BlueHills - Carlos Álvarez Dos Santos reserves the right to modify or discontinue the Website, its content, or any part of it without notice or liability to the Client.

11. Connection Interruptions

BlueHills - Carlos Álvarez Dos Santos does not guarantee uninterrupted access to the Website. The Client agrees that BlueHills - Carlos Álvarez Dos Santos is not liable for any losses or damages caused by connection interruptions.

12. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of Switzerland, specifically the Canton of Graubünden, without regard to conflict of law principles.

13. Litigation

Any legal action related to these Terms of Use must be brought in the courts of Switzerland, specifically in the Canton of Graubünden. The parties consent to personal jurisdiction in these courts.

14. Disclaimer

The Website is provided on an “as-is” and “as-available” basis. BlueHills - Carlos Álvarez Dos Santos disclaims all warranties, including but not limited to, accuracy, reliability, or non-infringement. The Client agrees to use the Website at their own risk.

15. Limitations of Liability

BlueHills - Carlos Álvarez Dos Santos is not liable for any direct, indirect, or consequential damages resulting from the use of the Website. The Client agrees to indemnify BlueHills - Carlos Álvarez Dos Santos from any claims or damages arising from their use of the Website.

16. User Data

The Client is responsible for all data related to their activity on the Website. BlueHills - Carlos Álvarez Dos Santos assumes no liability for any data loss or corruption.

17. Electronic Communications and Signatures

By using the Website, the Client consents to electronic communication and agrees that electronic agreements, notices, and signatures satisfy legal requirements.

18. Showcasing Design Work

BlueHills - Carlos Álvarez Dos Santos reserves the right to showcase design work publicly, unless otherwise agreed. The Client may issue a Non-Disclosure Agreement (NDA) to restrict public sharing.

19. Miscellaneous

These Terms of Use constitute the entire agreement between the Client and BlueHills - Carlos Álvarez Dos Santos. If any part of these terms is found to be unlawful or unenforceable, the remaining provisions remain valid.

20. Contact information

For any questions or complaints regarding the Website, please contact Carlos at: info@bluehills.ch