DesignTerus Intellectual Property (IP) Policy

This Intellectual Property Policy (the “IPP”) outlines the responsibilities and rights of registered and non-registered Users (each a “User,” and collectively, the “Users,” as defined in Section A below) of DesignTerus Inc.’s (“DesignTerus’s”) applications, software, products, and services (collectively, the “Service”) with regard to the intellectual property of third-party rights holders, Users, and DesignTerus.

This document is an important contract between DesignTerus and our Users, and as such, we have tried to make it as clear as possible. In addition to the full legal terms and text, we have provided short non-binding summaries with each clause. These summaries do not aim to replace the full text. For the avoidance of doubt, “intellectual property” refers to copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and all other such rights.

A. Definitions

Terms not defined in this section shall have the meaning provided elsewhere in the DesignTerus Terms of Service.

1. “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in this document (the “IPP”) and all other operating rules, policies, including the DesignTerus Privacy Policy and the DesignTerus Terms of Service, and procedures that we may publish from time to time on the Website.
2. “Content” refers to content accessed, featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “Content” may include text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials uploaded or otherwise provided (e.g., through writing Your Product title and description) by a User.
3. “Customers” refer to individuals or companies that purchase Your Products in Your Stores.
4. “Order” refers to Your Product once it has been purchased by You or Your Customers. “Produced Orders” refers to Orders that have been completed and shipped.
5. “Products” refers to the products offered by the Providers on our Website, including, but not limited to clothing, accessories, home decor, or kitchenware. “Your Products” or “User Products” refers to Products You create by using our Service.
6. “Providers” refers to the organizations and companies that DesignTerus partners within the scope of its Service to offer Products to You.
7. “Stores” refers to the other websites and platforms that You use to sell Your Products, including but not limited to DesignTerus website.
8. “Us” and “We” refers to DesignTerus, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
9. “User,” “You,” “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
10. “Website” refers to DesignTerus’s website located at DesignTerus.com, and all Content, Services and products provided by DesignTerus at or through the Website. It also refers to DesignTerus-owned subdomains of DesignTerus.com, such as app.DesignTerus.com. These Terms also apply to DesignTerusapp.com and all subdomains of DesignTerusapp.com such as app.DesignTerusapp.com. These terms also govern the use of DesignTerus plugins.

B. General

• This Intellectual Property Policy
• Our Privacy Policy
• Our Terms of Service
• Any other terms or policies we reference in any of the above.

The Agreement, except as it may be supplemented by additional terms and conditions, policies, guidelines or standards, is a binding agreement between DesignTerus and You pertaining to Your use of the Services, and supersedes any and all prior oral or written understandings or agreements between DesignTerus and You.

If any provision of this IPP is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

Questions about this Intellectual Property Policy? Contact us.

C. When Does This IPP Apply?

By using the Service, You are agreeing, on behalf of Yourself and those You represent, to comply with and be legally bound by this Agreement and all applicable laws. If You do not agree with any provision of this IPP, You must discontinue Your use of the Service, discontinue the registration process (to the extent You have started it), and, if You are already registered, delete Your account.

D. Can This IPP Be Modified?

DesignTerus reserves the right to revise this IPP from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify You. The “Last Updated” date at the top of this IPP reflects the date of the last modification. Your use of the Service following the effective date of any modifications to this IPP will constitute your acceptance of such revised IPP. If You do not agree to the new terms, You should stop using the Service and delete Your account.

E. What Are You Agreeing to Under This IPP?

1. DesignTerus respects the intellectual property rights of others. Users must as well. We prohibit any use of our Service that infringes the intellectual property rights of others, including by producing or selling infringing or counterfeit goods.
2. By uploading Content on the Service, You represent and warrant that:
   • You either own the Content posted by You on or through the Service or that You otherwise have the legal right and authority to use the Content;
   • the posting and use of the Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
   • You agree to pay for all royalties, fees, and any other monies owed through use of the Content on the Service; and
   • You have the legal right and capacity to enter into this Agreement.
3. By using DesignTerus’s Services, i.e. accessing the Website and using any of its features (internal or integrated ones), You further agree to refrain from using any elements on, or to create, Products, including in AI-generated Content, that infringe the intellectual property rights of others or that contain any prohibited content.
4. If You are unsure about your rights regarding the usage of the Content, You must refrain from uploading the Content to DesignTerus.

F. How Does DesignTerus Handle Infringing Content?

1. DesignTerus does not tolerate infringement and reserves the right to remove, at our discretion, any Content that may infringe the intellectual property rights of others.
2. DesignTerus allows Users to upload Content to our platform to create User Products to sell. Subject to the terms outlined in the DesignTerus Terms of Service, You alone are responsible for Content that you upload. Further, by uploading Content, You represent and warrant that the Content is owned by You or that You have valid authorization to post it. Despite Your representation and warranty, We retain the right, at our sole discretion, to reject the production of User Products that contain Content that we have reason to believe may be infringing the intellectual property rights of others.
3. It is DesignTerus’s practice to suspend accounts that violate the Agreement, including accounts for which we receive notices of infringement. Accounts for which DesignTerus receives multiple notices of infringement will be subject to account-level action under DesignTerus’s repeat infringers policy, up to and including immediate and permanent suspension of the account. New accounts found to be owned or operated by anyone who previously operated a suspended account will be disabled immediately. DesignTerus will take these actions in appropriate circumstances and at our discretion.

G. How Can You Report Infringement?

1. If You notice infringement of Your copyrights or other intellectual property rights on DesignTerus, You can notify Us as follows. Please note that DesignTerus cannot provide You with legal advice or representation, and We recommend that You speak with a licensed attorney in Your jurisdiction if You are seeking legal advice.
2. We are happy to support you in your efforts to protect your intellectual property. DesignTerus utilizes AI-based tools to do so. In light of this if You are a IP rights holder, brand owner, their authorized representative and You would like DesignTerus to include your intellectual property assets, such as but not limited to, brand logo, product images, trademarked word phrases and other assets, into our system, reach out to us through designterushq@gmail.com. This would allow DesignTerus to add respective brand IP assets to our AI based image matching software that stops certain images from being uploaded to our platform. While not 100% accurate, it would likely help identify and stop instances where other parties are misusing your rights in an infringing manner.

G1. Reporting Copyright Infringement

DesignTerus respects the copyrights of others.

If You are a copyright holder or are authorized to act on behalf of one, You may report alleged copyright infringements on the Service by completing the Malaysia Intellectual Property Organisation (“MYIPO”) Notice of Infringement (the “MYIPO Notice”). In accordance with the Trademarks Act 2019, which You can find on the MYIPO website, We will respond as quickly as we can to claims of suspected copyright infringement that are reported via our MYIPO Notice of Alleged Infringement or to designterushq@gmail.com.

Upon receipt of Your MYIPO Notice, We will (i) remove the potentially IP infringing Content from the Website, (ii) notify the User responsible for uploading the corresponding Content, (iii) will provide the User with an opportunity to respond, and (iv) notify You on what action We took. We will take whatever additional action we deem appropriate, which may ultimately include suspending the User. Please note that it may take up to 10 business days to process, review, and act on Your request.

G2. Reporting Trademark Infringement

DesignTerus respects the trademark rights of others.

If You are a trademark holder or are authorized to act on behalf of one, You may report alleged trademark infringements on our Website by reaching out to us through designterushq@gmail.com. We will review your complaint and take whatever action We deem appropriate, which may include temporary or permanent removal of the Content in question.

Accounts with usernames, brand names, or any other Content that may mislead or violate another’s trademark or any other IP assets included in the DesignTerus Brand Registry, must be revised or, alternatively, may be permanently suspended.

H. What Can You Do If Content Uploaded By You Was Removed from DesignTerus?

If You received a notification that Content uploaded by You has been removed as a result of an intellectual property violation, it means that (i) IP rights owner or their authorized representative in respect to the Content submitted a valid notice and requested that We remove the Content, or (ii) the Content was flagged by DesignTerus’s internal processes and systems as potentially IP infringing.

If You want us to forward the information from the intellectual property complaint notification, email us at designterushq@gmail.com to let us know. Please note that We may remove some personal contact information from the original complaint.

If Content uploaded by You is the subject of repeated intellectual property complaints, We may disable Your account altogether, pursuant to DesignTerus’s repeat infringers policy (provided in Section F above).

Separate from any intellectual property complaint, DesignTerus reserves the right to remove, at its discretion, Content that may infringe the intellectual property rights of others.

If You think We made a mistake by removing Content uploaded by You (either at our discretion or pursuant to an intellectual property complaint), you can contact us pursuant to the procedures set forth below.

H1. Response to a MYIPO Notice

For any MYIPO notices concerning intellectual property rights (primarily, but not necessarily limited to, copyrights), You can file a counter-notice with Us, by following the directions and requirements below. When We get a counter-notice that includes all of the information required and clearly establishes the right to use the subject intellectual property, We will remove the complaint from Your account’s record and undo any other action taken by Us.

To submit Your counter-notice, email us at designterushq@gmail.com and include all of the following information:

• Your name, address and phone number.
• The MYIPO ID found at the bottom of the notification email You received from us.
• The web address of the Content We removed (copy and paste the link from the notification email).
• A statement under penalty of perjury that You have a good faith belief that Content uploaded by You was removed in error.
• A statement that You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or, if Your address is outside of the United States, for any judicial district in which DesignTerus may be found, and that You agree to accept service of process from the entity who provided the original complaint.
• A physical or electronic signature (for example, by typing Your full name).
• Any additional information you have showing that You own or are otherwise entitled to use the Content at issue.

H2. Response to Trademark Notice

If You received a trademark complaint notification from Us, You can contest it by emailing designterushq@gmail.com and letting Us know why You think the complaint is invalid. Please include the trademark complaint reference number from the notification. If You want Us to forward the info from the trademark complaint notification, let Us know and We’ll be glad to send it along, although We may remove personal information.

H3. Response to DesignTerus Removing Your Content

In case Your Content has been removed by Us for any other reason than MYIPO and/or Trademark notice, you can submit an appeal through the Website, by providing further information, including any documentation if applicable, on Your Content and why it should not be considered as infringing intellectual property rights.

Notwithstanding the above, DesignTerus reserves the right to deny Your appeal in respect to Your Content if DesignTerus has reasonable belief that the information provided by You is not sufficient to confirm Your right to use the potentially infringing Content.