Terms of Use

1. Acceptance of Terms

Welcome to Isdomain. By accessing, browsing, or using the Isdomain website (the "Site"), mobile applications, or any of our services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not use the Services.

We may modify these Terms at any time, and such modifications will be effective immediately upon posting to the Site. Your continued use of the Services after any modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically for updates.

2. Description of Services

Isdomain provides professional consulting services related to brand naming, branding, and legal basics. Our Services may include, but are not limited to:

• Brand Naming Services: Creative name generation, linguistic and cultural screening, trademark availability checks, domain name availability searches, and social media handle verification.
• Branding & Identity Services: Brand strategy and positioning, logo design and style guidelines, color palette and typography selection, brand voice and messaging development, and marketing collateral design.
• Legal Basics Consulting: Business entity formation guidance, trademark registration assistance, contract review and drafting support, intellectual property protection strategies, and compliance and licensing consultation.
• Domain Registration & Management: Domain name search, acquisition, registration, transfer, and ongoing management services.
• Ongoing Support: Dedicated account management, brand monitoring, and consulting support based on your selected service package.

Specific services, deliverables, and scope of work will be detailed in individual service agreements, proposals, or work orders provided to you.

3. Eligibility

To use our Services, you must:

1. Be at least 18 years of age or the age of legal majority in your jurisdiction;
2. Have the legal capacity to enter into binding contracts;
3. Provide accurate, current, and complete information during registration and throughout your use of our Services;
4. Not have been previously terminated or suspended from our Services.

By using our Services, you represent and warrant that you meet all eligibility requirements. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

4. User Accounts

To access certain features of our Services, you may be required to create an account. You agree to:

• Account Security: Maintain the confidentiality of your account credentials and accept responsibility for all activities that occur under your account.
• Accurate Information: Provide true, accurate, current, and complete information during registration and update such information to keep it accurate and complete.
• Notification: Immediately notify Isdomain of any unauthorized use of your account or any other security breaches.
• Single Account: Not create more than one account for any purpose. We reserve the right to terminate duplicate accounts.

We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious activity.

5. Intellectual Property

5.1 Our Intellectual Property

All content, materials, features, and functionality of the Site and Services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and the design, selection, and arrangement thereof, are the property of Isdomain or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from our Services without our prior written consent, except as may be required for standard interfacing with third-party applications in accordance with published interface specifications.

5.2 Deliverables Ownership

Upon full payment of all fees, Isdomain grants you ownership of the final approved deliverables (e.g., brand names, logos, brand guidelines, legal documents) as specified in your service agreement. However:

• Rejected Concepts: Isdomain retains ownership of all rejected, alternative, or unused concepts, drafts, and ideas.
• Background IP: Isdomain retains all rights to its pre-existing methodologies, processes, templates, and tools used in creating deliverables.
• License to Isdomain: You grant Isdomain a perpetual, worldwide, royalty-free license to display your approved deliverables in our portfolio, marketing materials, and case studies, unless otherwise agreed in writing.

5.3 Your Content

You retain all rights to any content you submit to Isdomain. By submitting content, you grant Isdomain a limited license to use, reproduce, and process such content solely for the purpose of providing our Services to you.

6. User Conduct

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation;
• Submit false, misleading, or inaccurate information in connection with our Services;
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks;
• Use any automated means, including bots, scrapers, or spiders, to access the Services for any purpose;
• Interfere with or disrupt the integrity or performance of the Services;
• Use our Services to transmit any material that is defamatory, offensive, or otherwise objectionable;
• Remove, alter, or obscure any proprietary notices, labels, or markings on materials provided through the Services;
• Resell, sublicense, or redistribute our Services or deliverables without express written consent;
• Use our brand names, logos, or trademarks without prior written permission.

7. Fees & Payment

Isdomain provides both one-time project-based services and ongoing subscription services. Payment terms are as follows:

7.1 Pricing

All prices are stated in United States Dollars (USD) unless otherwise specified. Prices are subject to change with advance notice. The price for your services will be confirmed in your service agreement or proposal.

7.2 Payment Methods

We accept the following payment methods: credit/debit cards (Visa, Mastercard, American Express), bank transfers (ACH/wire), and PayPal. Additional payment methods may be available for enterprise clients.

7.3 Payment Schedule

Unless otherwise agreed in writing:

• Project-based Services: A 50% deposit is due upon project initiation, with the remaining 50% due upon project completion and before delivery of final files.
• Subscription Services: Payments are due at the beginning of each billing cycle on the date specified in your subscription agreement.
• Consulting Hours: Invoices are issued monthly and are due within 15 days of receipt.

7.4 Late Payments

Any payment not received within 15 days of the due date will incur a late fee of 1.5% per month on the outstanding balance, or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend or terminate Services for accounts that are significantly past due.

7.5 Taxes

All fees are exclusive of taxes. You are responsible for all applicable sales, use, value-added, goods and services, and other taxes, levies, charges, duties, and assessments of any nature (including bank charges) imposed by any governmental authority, excluding taxes based on our net income.

8. Refund Policy

Our refund policy is designed to be fair to both parties while recognizing the nature of creative and consulting services:

• Before Work Begins: If you cancel before any work has commenced, you will receive a full refund of any deposits or payments made, minus any non-refundable administrative fees specified in your agreement.
• During Project Work: If you cancel during an active project, Isdomain will refund the unearned portion of your payment. Work already completed will be billed at our standard hourly rates.
• After Project Completion: No refunds will be issued for completed projects. However, we may offer credit toward future services on a case-by-case basis.
• Service Issues: If Isdomain fails to deliver agreed-upon services, we will provide a proportional refund or credit based on the scope of work not completed.
• Subscriptions: Subscription refunds are prorated based on the remaining period of the billing cycle. No refunds are provided for partial billing cycles.

9. Disclaimer of Warranties

THE SERVICES AND ALL CONTENT, INFORMATION, AND MATERIALS PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Isdomain expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties arising from course of dealing, usage, or trade practice;
• Accuracy, completeness, or timeliness of information provided through the Services;
• That the Services will be uninterrupted, secure, or free of errors;
• That any defects or errors will be corrected;
• That the Services are suitable for your specific needs or requirements.

While we strive to provide accurate and valuable consulting services, legal and business outcomes depend on numerous factors beyond our control. Our consulting services do not constitute legal advice and should not be relied upon as such. For specific legal advice, we recommend consulting with a qualified attorney licensed in your jurisdiction.

10. Limitation of Liability

IN NO EVENT SHALL ISDOMAIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

The total aggregate liability of Isdomain for any claim arising out of or relating to these Terms or the Services shall not exceed the total amount paid by you to Isdomain during the twelve (12) months preceding the claim.

This limitation of liability applies regardless of the theory of liability (contract, tort, strict liability, negligence, or otherwise) and even if Isdomain has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above exclusions and limitations may not apply to you. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Isdomain and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services in violation of these Terms;
• Your violation of any third-party rights, including intellectual property rights;
• Your violation of any applicable laws, rules, or regulations;
• Your submitted content or materials, including any misrepresentation of facts;
• Any third-party claims arising from your use of deliverables provided by Isdomain, except where such claims arise directly from Isdomain's gross negligence or willful misconduct.

12. Termination

12.1 By You

You may terminate these Terms and your use of our Services at any time by providing written notice to us. Termination by you will not relieve you of any payment obligations for services already rendered or expenses already incurred.

12.2 By Isdomain

We reserve the right to suspend or terminate your access to the Services and these Terms at our sole discretion, without notice, for any reason, including but not limited to:

• Your breach of these Terms;
• Non-payment of fees when due;
• Engaging in illegal, fraudulent, or harmful activities;
• Disrupting or interfering with the Services;
• Violation of any applicable law or regulation.

12.3 Effect of Termination

Upon termination, your right to use the Services will cease immediately. Any provisions of these Terms that, by their nature, should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Isdomain will deliver completed work product upon receipt of all outstanding payments.

13. Governing Law & Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

13.2 Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, both parties agree to the following:

1. Good Faith Negotiation: The parties will first attempt to resolve the dispute through good faith negotiations between designated representatives within thirty (30) days of written notice of the dispute.
2. Mediation: If negotiation fails, the parties agree to submit the dispute to non-binding mediation administered by a mutually agreed-upon mediation service.
3. Arbitration: If mediation does not resolve the dispute, any remaining dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California, and judgment on the award may be entered in any court having jurisdiction.

13.3 Class Action Waiver

Any arbitration under these Terms shall be conducted on an individual basis. Class arbitrations, class actions, and representative proceedings are not permitted. If any provision of this class action waiver is found to be unenforceable, the entire arbitration provision shall be deemed void.

13.4 Injunctive Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidential information.

14. Changes to Terms

Isdomain reserves the right to modify, amend, or update these Terms at any time in its sole discretion. We will notify you of material changes by posting a notice on the Site, sending an email to the address associated with your account, or by other commercially reasonable means at least thirty (30) days before the changes become effective.

For non-material changes, we may update these Terms without prior notice. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree with the changes, you must discontinue your use of the Services before the effective date.

We encourage you to review these Terms periodically at /terms-of-use to stay informed of any updates.

15. Contact Information

If you have any questions, concerns, or comments about these Terms of Use, or if you wish to exercise any rights you may have under these Terms, please contact us:

• General Inquiries: hello@isdomain.com
• Legal & Terms Questions: legal@isdomain.com
• Billing Questions: billing@isdomain.com
• Phone: +1 (555) 123-4567

We aim to respond to all inquiries within two (2) business days.

15.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

15.2 Entire Agreement

These Terms, together with any additional service agreements, proposals, or statements of work entered into between you and Isdomain, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, communications, and proposals, whether oral or written.

15.3 Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. Isdomain may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of its assets.

15.4 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by events beyond the affected party's reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.