Terms & Conditions
Welcome to www.andresthedesigner.com, operated by Mobile Take Off LLC, located in Los Angeles, California. By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
1. Service Description
Mobile Take Off LLC, under the brand name Andres The Designer, offers a range of services including but not limited to:
- Website, app, and software design for clients.
- Creation and monetization of YouTube videos, Instagram Reels, and TikTok videos.
- Affiliate marketing through the promotion of software tools.
- Sponsored content promotion on YouTube and Instagram and other social channels
- Sale of digital products such as templates and courses.
2. User Responsibilities
As a user of our services, you agree to:
- Use the services only for lawful purposes.
- Refrain from engaging in any activity that may disrupt or harm our services, website, or social media channels.
- Provide accurate and complete information when requested.
- Comply with all applicable U.S. laws and local laws when engaging with our content and services.
Prohibited uses include but are not limited to:
- Any form of harassment, abuse, or harm to others.
- Unauthorized use of the services or website.
- Violation of any applicable laws or regulations.
3. Payment Terms
As a user of our services, you agree to:
- Payments for services are processed via Stripe and must be made in USD.
- For project-based services, a 50% deposit is typically required to initiate work. Specific payment terms will be detailed in individual service agreements.
- No refunds are offered for services once delivered, unless otherwise stated.
- To request a refund, users must contact andresthedesigner@gmail.com within 7 days of purchase.
- Invoices must be paid within the specified timeframe to avoid any interruptions to the service.
- Late payments may incur additional fees and interest as per applicable law.
4. Intellectual Property
All content created by Mobile Take Off LLC, including but not limited to videos, website designs, templates, and courses, is the exclusive property of Mobile Take Off LLC. Users are granted a limited, non-exclusive license to use the content for personal or internal business purposes only. Any unauthorized use, reproduction, or distribution of our intellectual property is strictly prohibited and may result in legal action.Clients grant Mobile Take Off LLC a limited, non-exclusive license to use any intellectual property they provide for the purpose of delivering the agreed-upon services.
5. Liability and Disclaimers
- Mobile Take Off LLC makes no guarantees regarding the results of using our services.
- To the fullest extent permitted by law, Mobile Take Off LLC shall not be liable for any indirect, incidental, or consequential damages, including but not limited to data loss, business interruption, or lost profits arising from the use of our services.
- No refunds are offered for services once delivered, unless otherwise stated.
- Our services are provided "as is" and "as available," without any warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Users agree to indemnify and hold harmless Mobile Take Off LLC, its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of their use of the services, violation of these Terms, or infringement of any intellectual property or other right of any person or entity.
6. Termination
- Mobile Take Off LLC reserves the right to terminate any user’s access to our services at any time, for any reason, without prior notice.
- Users may terminate their use of our services at any time, but no refunds will be provided for work already completed or products already delivered.
- Upon termination, all rights granted to the user under these Terms will cease immediately.
- Users must cease all use of the services and return or destroy any copies of the content in their possession upon termination.
7. Privacy Policy
Please refer to our separate Privacy Policy for details on how we handle your personal information.
8. Governing Law
These terms and conditions are governed by the laws of the State of California, United States, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or the use of our services shall be resolved exclusively in the state or federal courts located in Los Angeles County, California.
9. Amendments
Mobile Take Off LLC reserves the right to update these terms and conditions at any time. Users will be notified of any changes via email or through a notice on our website. Continued use of our services after any changes have been made constitutes acceptance of the new terms. It is the user’s responsibility to review these Terms periodically for updates.
10. Force Majeure
Mobile Take Off LLC shall not be liable for any failure to perform its obligations under these Terms if such failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, strikes, natural disasters, or Internet service interruptions.
11. Dispute Resolution
Before initiating any legal action, you agree to first attempt to resolve any dispute with Mobile Take Off LLC informally by contacting us at andresthedesigner@gmail.com. If the dispute cannot be resolved informally, it shall be resolved by binding arbitration conducted in Los Angeles County, California, in accordance with the rules of the American Arbitration Association. Users shall bear the cost of arbitration and any associated legal fees.
12. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
13. Entire Agreement
These Terms constitute the entire agreement between you and Mobile Take Off LLC regarding the use of our services and supersede all prior agreements and understandings, whether written or oral, regarding such use.
14. Notices
All notices required or permitted under these Terms shall be in writing and shall be deemed delivered when sent by email to andresthedesigner@gmail.com.
15. Assignment
Users may not transfer or assign their rights or obligations under these Terms without the prior written consent of Mobile Take Off LLC. Mobile Take Off LLC may assign its rights and obligations under these Terms at any time without notice to the user.
16. Contact Information
For any inquiries regarding these terms and conditions, please contact us at andresthedesigner@gmail.com