This Terms of Use Agreement ('Agreement') is a binding legal contract between PINNACLE DESIGN LAB, LLC ('Pinnacle Design Lab'), a limited liability company established under Florida law, and you, the client ('Client'), whether acting personally or as a representative of an entity. This Agreement governs your access and use of Pinnacle Design Lab's website located at https://www.pinnacledesignlab.com/ ('Website'), as well as any other related platforms, mobile websites, and mobile applications. Failure to comply with the terms, conditions, and obligations outlined in this Agreement will result in immediate termination of your access to the Website. In such a case, all interactions between you and Pinnacle Design Lab will cease, except for any remaining obligations on your part to pay for services already rendered by Pinnacle Design Lab.
01_Intellectual Property Rights
Unless stated otherwise, all elements of the Website, including but not limited to source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics ('Content'), as well as any trademarks, service marks, and logos ('Marks'), are owned and controlled by Pinnacle Design Lab. These assets are protected under U.S. copyright and trademark laws, as well as applicable laws in foreign jurisdictions and international conventions. The Content and Marks are provided on an 'As-Is' basis for your personal use and informational purposes only. Unless explicitly stated in this Agreement, you are not permitted to copy, reproduce, aggregate, republish, upload, post, display, encode, translate, transmit, distribute, sell, license, or exploit any part of the Website or Content for commercial purposes. All rights not expressly granted are reserved by Pinnacle Design Lab.
02_Ownership of Materials
Not withstanding the terms outlined in Section 03 ('Client Feedback & Submissions’), which discuss Pinnacle Design Lab's ownership of Submissions, all designs, software, source code, databases, functionality, and original source files created on behalf of the Client ('Projects') shall be the exclusive property of the Client. Consequently, the Client shall hold the sole copyright for all Projects. Should any legal provision inadvertently assign ownership of a Project, in whole or in part, to Pinnacle Design Lab instead of the Client, Pinnacle Design Lab hereby irrevocably and perpetually transfers all such rights to the Client without limitation.
The Client warrants that all materials submitted to Pinnacle Design Lab—either as examples or as elements to be incorporated into a Project—are owned by the Client and do not violate or infringe upon any third-party rights, including but not limited to intellectual property rights and rights of publicity. Unless otherwise specified in Section 04 of this document, Pinnacle Design Lab reserves the right to publicly showcase any of the Client's design and development work (e.g., on social media, websites, etc.).
03_Client Feedback & Submissions
The Client understands and agrees that any questions, comments, suggestions, or other forms of feedback or submissions ("Submissions") become the exclusive property of Pinnacle Design Lab. Pinnacle Design Lab is not obligated to maintain the confidentiality of Submissions, except as specified in Section 02 ("Ownership of Materials"). Pinnacle Design Lab will have sole ownership of all rights related to Submissions and may use or disseminate them for any lawful purpose, without seeking further permission or providing acknowledgment or compensation to the Client.
The Client confirms that they have the authority to make such Submissions and hereby waives all claims and recourse against Pinnacle Design Lab for its use of the Submissions, both now and in the future, in accordance with the terms of this Agreement.
04_Showcasing Design & Development Work
Unless explicitly agreed upon otherwise, Pinnacle Design Lab retains the right to showcase and discuss the Client's design and development work on digital platforms, including but not limited to social media and websites. The Client may choose to issue a Non-Disclosure Agreement (NDA) with Pinnacle Design Lab, which would then nullify Pinnacle Design Lab's right to publicly share or discuss the Client's work.
05_User Representations
By accessing or using the Website, the Client makes the following representations and warranties:
The Client has the legal capacity to enter into and comply with these Terms of Use.
The Client is not a minor in the jurisdiction in which they reside.
The Client will not access the Website using automated or non-human means.
The Client will not use the Website for any purpose that is illegal or unauthorized.
The Client’s use of the Website will be in compliance with all applicable laws and regulations.
06_Prohibited Activities
The Client agrees to use the Website solely for the purposes for which it is intended and provided by Pinnacle Design Lab. Commercial endeavors unrelated to services provided by Pinnacle Design Lab are strictly prohibited. Additionally, the Client agrees not to:
Make unauthorized use of the Website.
Retrieve data or content to create or compile a database or directory.
Circumvent or interfere with any security-related features of the Website.
Engage in unauthorized framing or linking to the Website.
Trick, defraud, or mislead Pinnacle Design Lab or other users.
Create an undue burden on the Website or Pinnacle Design Lab’s networks or servers.
Use the Website to compete with Pinnacle Design Lab.
Reverse engineer or decompile any part of the Website's software.
Bypass any measures designed to prevent or restrict access to the Website.
Harass, intimidate, or threaten employees, contractors, or agents of Pinnacle Design Lab.
Remove any copyright or other rights notices from any content.
Adapt or copy the Website's software.
Upload or transmit viruses or other harmful material that interferes with the Website.
Engage in any form of information collection or transmission that is either passive or active.
Disparage, tarnish, or harm Pinnacle Design Lab in any way.
Use the Website in violation of any applicable laws, statutes, or regulations.
07_Refunds & Returns
Pinnacle Design Lab retains the sole discretion to grant or deny refund requests without any obligation to provide notice or justification to the Client. Each refund request will be evaluated on a case-by-case basis. If the Client requests a refund within the first month of service, any materials produced by Pinnacle Design Lab will remain the company's property and are prohibited from being used by the Client.
Should a refund be approved, a fee amounting to 50% of the remaining billable period will be applied.
Pinnacle Design Lab reserves the right to pursue legal remedies for any breach of this provision by the Client.
08_Management and Oversight
Pinnacle Design Lab retains the right to monitor the Website for violations of these Terms of Use. In case of a violation or suspected violation of these Terms or any applicable laws, Pinnacle Design Lab reserves the right to take appropriate legal action. Pinnacle Design Lab may also, at its sole discretion, restrict or disable the Client’s access to the Website without notice or liability. All decisions concerning the management and operation of the Website are solely at Pinnacle Design Lab's discretion and are made to safeguard its rights and property.
09_Privacy Policy
By accessing or using the Website, the Client agrees to comply with and be bound by Pinnacle Design Lab's Privacy Policy, which is hereby incorporated into these Terms of Use. The Website is hosted in the United States. If the Client accesses the Website from outside the United States, such as from the EU or Asia, different laws regarding data collection and usage may apply. The Client's continued use of the Website and transfer of data to the United States indicate explicit consent to the processing of such data in accordance with U.S. laws.
Pinnacle Design Lab does not intentionally collect or solicit information from individuals under 18 years of age. In compliance with the United States’ Children’s Online Privacy Protection Act (COPPA), any information received from individuals known to be under the age of 13 will be deleted as promptly as is reasonably possible.
10_Website Availability and Liability
Pinnacle Design Lab does not guarantee uninterrupted, error-free access to the Website at all times. Interruptions, delays, or errors may occur due to factors beyond Pinnacle Design Lab's control, such as hardware or software issues. The Client acknowledges and agrees that Pinnacle Design Lab shall not be liable for any loss, damage, or inconvenience resulting from the Client's inability to access or use the Website during any period of service disruption or interruption.
11_Website Changes and Discontinuation
Pinnacle Design Lab reserves the right to change, modify, amend, or remove any content or features on the Website at its sole discretion, for any reason. Pinnacle Design Lab also retains the right to discontinue part or all of the Website's services without prior notice or liability to the Client.
12_Governing Law
These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to any conflict of laws principles.
13_Litigation and Jurisdiction
All legal actions or proceedings arising out of or related to these Terms of Use shall be filed and conducted in the state courts located in Orange County, Florida. Both parties consent to the personal jurisdiction of these courts and waive any claims related to lack of personal jurisdiction or inconvenient forum. Neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transaction Act shall apply to these Terms of Use.
14_Limitations of Liability and Indemnification
Pinnacle Design Lab, its directors, employees, members, contractors, and agents, shall not be held liable to the Client or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, lost revenue, lost data, attorneys' fees, court costs, or any other losses resulting from the Client's use of the Website or service.
The Client agrees to defend, indemnify, and hold harmless Pinnacle Design Lab, its subsidiaries, and affiliates, as well as their respective directors, officers, members, agents, employees, and contractors, against any loss, liability, claim, or demand, including reasonable legal fees and expenses, arising out of or related to:
The Client's use of the Website and or service;
Any breach of these Terms of Use by the Client;
Any breach of the Client’s representations and warranties set forth in these Terms of Use;
The Client’s violation of any third-party rights, including but not limited to intellectual property rights.
Pinnacle Design Lab reserves the right, at the Client's expense, to assume the exclusive defense and control of any matter subject to indemnification by the Client. The Client agrees to cooperate fully in the defense of any such claims.
15_Electronic Communications, Transactions, and Signatures
By using the Website, the Client consents to receiving electronic communications from Pinnacle Design Lab. The Client agrees that all legally-required communications, notices, agreements, and disclosures sent through email or via the Website fulfill any written communication requirements.
The Client also consents to using electronic signatures for contracts, orders, and other records initiated or completed by Pinnacle Design Lab through the Website. Additionally, the Client waives any right to require non-electronic signatures or communications under any existing or future laws, regulations, or ordinances.
16_User Data
The Client is solely accountable for all data sent to or generated during any activities conducted using the Website. Pinnacle Design Lab disclaims any liability for loss or corruption of this data. By using the Website, the Client waives any claims against Pinnacle Design Lab related to such data loss or corruption.
17_Disclaimer
The Website is provided "as is" and "as available," without any guarantees or warranties. By using the Website and Services, the Client acknowledges and agrees to assume all risks involved. Pinnacle Design Lab explicitly disclaims all express or implied warranties, including but not limited to, warranties of merchantability, fitness for a specific purpose, and non-infringement. Pinnacle Design Lab neither promises nor implies that the Website or its content is accurate, complete, or free from errors. The company is not liable for any inaccuracies, mistakes, or omissions in the Website's content, nor for any personal or property damage that may occur. Furthermore, Pinnacle Design Lab is not responsible for unauthorized access to its servers, the loss of personal or financial information, interruptions in Website availability, or any damage caused by bugs, viruses, or other malicious software that may be transmitted through the Website. Pinnacle Design Lab does not endorse or guarantee any third-party products or services that may be advertised or linked to the Website.
18_Client Requests and Responsibilities
All Client requests related to the Project must be submitted through the designated channel as pre-arranged between Pinnacle Design Lab and the Client. Pinnacle Design Lab shall not be held accountable for any delays in project timelines or milestones that result from the Client's failure to submit requests through the designated channel.
Each request submitted by the Client will be reviewed by Pinnacle Design Lab, which reserves the right to accept or deny any request at its sole discretion. In the event that a request is denied, Pinnacle Design Lab will issue a written explanation to the Client outlining the reason(s) for such denial.
The Client acknowledges that Pinnacle Design Lab is not liable for any delays or loss of revenue that may arise due to the denial of any request. By continuing to engage with Pinnacle Design Lab, the Client agrees to these terms and holds Pinnacle Design Lab harmless from any liabilities or consequences arising out of denied requests.
19_Pausing and Cancellation of Service
Clients Rights_
The Client reserves the right to pause or cancel their service at any time. Upon cancellation, the Client will retain access to all paid services through the remainder of the current billing period. After this period concludes, the Client will lose all access to Pinnacle Design Lab and its services. If the Client chooses to pause their service, the remaining time on their current billing period will be stored for later use. When service is unpaused, the previously paid-for time will be used first before normal billing resumes.
Pinnacle Design Lab's Rights_
Pinnacle Design Lab reserves the right to cancel a Client's service at any time and at its sole discretion, without prior warning. In such instances, a written explanation will be provided to the Client. Pinnacle Design Lab is not liable for any loss in revenue or delays in the Client’s timelines due to service cancellation.
Temporary Service Interruptions_
Pinnacle Design Lab reserves the right to pause a Client's service at any time and for any duration, at its sole discretion and without prior warning. If such an interruption occurs, a written explanation will be provided to the Client.
By continuing to engage with Pinnacle Design Lab, the Client agrees to these terms and conditions and holds Pinnacle Design Lab harmless from any liabilities or consequences arising out of pausing or canceling the service.
20_Timelines and Request Fulfillment
Pinnacle Design Lab is under no obligation to start or complete any requests within a specified timeline. The Client understands and agrees that each request is unique and may require varying amounts of time to complete.
While estimates for timeline to complete a request can and may be given on each request, these are not to be construed as contractual due dates. Pinnacle Design Lab shall not be held liable for any loss in revenue, delays, or any other damages due to delivery timelines exceeding the provided estimates.
Pinnacle Design Lab reserves the right, at its sole discretion, to start a request at a time of its choosing and to take as much time as is deemed necessary to properly fulfill the request.
By continuing to engage with Pinnacle Design Lab, the Client agrees to these terms and conditions and holds Pinnacle Design Lab harmless from any liabilities or consequences arising out of the fulfillment timelines of any requests.
21_Third-Party Fonts, Resources & Libraries
Should a Project include fonts, resources, or software libraries not owned by Pinnacle Design Lab and necessitating a commercial license for the Client's lawful reproduction, distribution, or public presentation of the Project ("Third-Party Fonts, Resources, or Libraries"), Pinnacle Design Lab will notify the Client in written form. This notification will indicate that certain Third-Party Fonts, Resources, or Libraries are part of the Project and will require the Client to obtain one or more licenses from the respective rights holders for lawful usage. The notification will provide sufficient details to enable the Client to identify which licenses are needed and from whom they can be acquired.
Upon receiving this notice, the Client bears all responsibility for any outcomes resulting from failing to acquire the necessary licenses for any Third-Party Fonts, Resources, or Libraries included in the Project.
22_Additional Provisions
These Terms of Use, along with any additional guidelines or policies published on the Website, represent the complete agreement between the Client and Pinnacle Design Lab concerning the Website's use. If Pinnacle Design Lab chooses not to exercise a particular right or provision outlined in these Terms of Use, this should not be interpreted as a waiver of that right or provision. Should any portion of these Terms of Use be deemed illegal, void, or unenforceable, that specific provision will be disconnected from the remaining terms, which will continue to be valid and enforceable. No part of these Terms of Use, the Privacy Policy, or any content on the Website should be construed to establish a joint venture, partnership, employment, or agency relationship between the Client and Pinnacle Design Lab
23_Inquiries and Concerns
Should you have any questions or issues related to the Website, you are encouraged to reach out to Pinnacle Design Lab via email at: breach@pinnacledesignlab.com.