Terms Of Service

Last Updated: May 23, 2024

This Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your information when you use our Service and informs you about your privacy rights and how the law protects you.

By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words in which the initial letter is capitalized have meanings defined under the following conditions. These definitions shall have the same meaning regardless of whether they appear in singular or plural form.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for you to access our Service or parts of our Service.
• Company (referred to as either “the Company”, “We”, “Us”, or “Our” in this Agreement) refers to Falta Studio, located in Tunis, Tunisia.
• Cookies are small files placed on your computer, mobile device, or any other device by a website, containing details of your browsing history on that website among other uses.
• Country refers to Tunisia.
• Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Website.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. This refers to third-party companies or individuals employed by the Company to facilitate the Service, provide the Service on behalf of the Company, perform services related to the Service, or assist the Company in analyzing how the Service is used.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to Falta Studio, accessible from www.faltastudio.com.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service. This may include information such as your Device’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track activity on our Service and store certain information. The technologies we use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on your Device. You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some parts of our Service. Unless you have adjusted your browser setting so that it will refuse Cookies, our Service may use Cookies.
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser. We use both types of Cookies for the purposes set out below:

• Necessary / Essential Cookies

  • Type: Session Cookies
  • Administered by: Us
  • Purpose: These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and we use these Cookies to provide you with those services.

• Cookies Policy / Notice Acceptance Cookies

  • Type: Persistent Cookies
  • Administered by: Us
  • Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

• Functionality Cookies

  • Type: Persistent Cookies
  • Administered by: Us
  • Purpose: These Cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage your registration as a user of the Service. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user.
• For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or services you have purchased or of any other contract with us through the Service.
• To contact You: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
• **To provide You with news, special offers, and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage your requests to us.
• For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our Service users is among the assets transferred.
• For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Service, products, services, marketing, and your experience.

We may share your personal information in the following situations:

• With Service Providers: We may share your personal information with Service Providers to monitor and analyze the use of our Service, to contact you.
• For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• With Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
• With business partners: We may share your information with our business partners to offer you certain products, services, or promotions.
• With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose your personal information for any other purpose with your consent.

Email Usage and Privacy Policy Disclaimer

• Email Usage:
  • Your provided email address will be used for communication purposes, including marketing campaigns and weekly newsletters.
  • We may use your email address to send you information about our products, services, promotions, and relevant updates.
• Opting Out:
  • You have the right to opt out of receiving marketing emails from us. Every marketing email will include an unsubscribe link, allowing you to easily manage your preferences.
• Frequency:
  • You may receive periodic emails from us, including marketing communications and newsletters. The frequency will be in accordance with our marketing strategy.
• Protection of Information:
  • We take your privacy seriously and will not sell, lease, or distribute your email address to third parties without your explicit consent. Your information will be handled in accordance with our Privacy Policy.
• Data Security:
  • We implement reasonable security measures to protect your information. However, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your information, you acknowledge that there are security and privacy limitations beyond our control.
• Policy Changes:
  • We reserve the right to modify this privacy disclaimer at any time. Any changes will be effective immediately upon posting the updated disclaimer on our website.
• Contact Information:
  • If you have any questions or concerns regarding our privacy practices, please contact us at [email protected]

By providing your email address, you agree to the terms outlined in this disclaimer. If you do not agree with these terms, please refrain from providing your email address.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law Enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

Other Legal Requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Monthly Subscription Service Agreement

Preamble

This Monthly Subscription Service Agreement (“Agreement”) is legally binding between MADAR FARTUNA FZ-LLC, doing business as Falta Studio (“Service Provider”), and the undersigned (“Subscriber”). This Agreement stipulates the terms under which the Subscriber agrees to engage the Service Provider for branding and design services on a recurring monthly basis.

Definitions and Interpretations

• “Small Tasks” are defined as tasks that require fewer than 48 hours to complete, including but not limited to minor revisions and updates to existing designs.
• “Composed Tasks” refer to larger scale projects such as the creation of a full branding suite, which may take anywhere from two weeks to eight weeks to complete.
• “Deliverables” refer to the tangible and intangible outcomes produced by the Service Provider as specified in the Falta Unit Branding Roadmap.
• This Agreement incorporates by reference the Falta Unit Branding Roadmap, which outlines the specific tasks and milestones agreed upon by the Parties.

Scope of Services

The Service Provider agrees to provide branding services including but not limited to logo design and brand identity design as detailed in the Falta Unit Branding Roadmap. The scope of services for each month shall be agreed upon prior to the commencement of any work. All services provided shall be in accordance with the terms set forth in this Agreement and the Service Agreement Annex.

Compensation and Payment Terms

• Fees: The subscription fee will be as discussed in the initial agreement meeting, payable upfront at the start of each service month.
• Payment Method: Payments shall be made securely online via our designated payment gateway.
• Late Payments: In the event of late payment, services will be suspended. A late payment penalty of 10% of the overdue amount will accrue per week until full payment is received.
• Reinstatement: Service reinstatement is contingent upon payment of all outstanding balances, including any applicable late fees, and may require renegotiation of service terms.

Term and Termination

• Duration: This Agreement is effective upon the Subscriber’s signature and will continue on a month-to-month basis unless terminated by either party.
• Renewal: Automatic renewal occurs unless the Subscriber notifies the Service Provider of their intention to terminate the Agreement at least 15 days prior to the end of the current term.
• Termination: Either party may terminate this Agreement with a written notice of at least 15 days prior to the desired end date. Termination requests must be submitted in writing and will be effective upon acknowledgment by the other party.

Deliverables, Deadlines, and Rights

• Deliverables: The Service Provider will execute the deliverables as outlined in the Service Agreement Annex within the agreed timelines, barring delays caused by Subscriber-requested changes.
• Rights to Work: Upon termination or suspension, incomplete works will remain the property of the Service Provider until full payment is received. If in good standing, the Subscriber may request delivery of incomplete work, for which a prorated fee will be calculated.

Intellectual Property

Upon full payment, the Subscriber is granted the license to use the completed designs for the agreed purposes. However, the Service Provider retains the right to display completed work for promotional purposes. Copyright of any designs unpaid for over a month transfers to the Service Provider.

Indemnification and Liability

The Subscriber agrees to indemnify and hold harmless the Service Provider from any claims, damages, or expenses arising from the Subscriber’s breach of this Agreement. The Service Provider’s liability shall be limited to the total fees paid by the Subscriber under this Agreement.

Dispute Resolution

Any disputes arising out of or related to this Agreement shall first be addressed through mutual negotiation and, if necessary, through mediation or binding arbitration.

Force Majeure

Neither party shall be liable for any failure to perform due to causes beyond their reasonable control, including but not limited to acts of God, government actions, or natural disasters.

General Provisions

This Agreement constitutes the entire agreement between the Parties, superseding all prior agreements. Amendments or modifications must be in writing and signed by both parties.

Service Agreement Annex The detailed project tasks and timelines are set forth in the Falta Unit Branding Roadmap, an integral part of this Agreement.

Contact Us

If you have any questions about this Privacy Policy, you can contact us:

• By email: [email protected]