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Terms of Service

Last updated: 10 July 2025

These Terms of Service ("Agreement") form a legally binding contract between PEAK SHIFT EOOD (UIC BG204478925), 12 Vitosha Blvd, Sofia 1000, Bulgaria ("PEAK SHIFT", "we", "our") and you, the client ("Client", "you"). By purchasing or using the PX/PUSH subscription design service ("Services") you agree to all terms below.

001. Agreement Overview

1.1 PX/PUSH delivers on‑demand design work through an asynchronous, ticket‑based workflow.

1.2 The Agreement commences on the date you first subscribe and continues until terminated under § 11.

002. Service Plans & Scope

PlanActive requestsExtras
PKG.STRD1
PKG.PRO2Up to 4 h/mo strategic design advisory calls

2.1 Unlimited queue. You may keep any number of tasks in your queue; only the allotted number may be active at once.

2.2 Turn‑around time. We aim to deliver the first draft or each revision within twenty‑four (24) to seventy-two (72) business hours of a task becoming active.

2.3 Revisions. Revisions are unlimited until you approve the work. There is no formal acceptance window; tasks remain active until approval.

2.4 Unsupported work. The subscription excludes 3‑D modelling, complex packaging, long‑form InDesign documents, advanced 3‑D/motion graphics, native mobile or back‑end development, and any development hand‑off or build services.

003. Intellectual Property & Ownership

3.1 Upon full payment of each billing cycle, all final, approved deliverables ("Project Files") become your exclusive property.

3.2 PEAK SHIFT retains ownership of its pre‑existing tools, templates, code snippets and know‑how.

004. Third‑Party Assets & Fonts

If a deliverable contains assets requiring separate licences (e.g. stock images, commercial fonts) we will inform you. Purchasing and maintaining such licences is your responsibility.

005. Client Responsibilities

You warrant that materials you supply do not infringe third‑party rights and that you will provide timely, clear feedback via the agreed communication channels.

006. Prohibited Use

You may not use the Services to create or distribute content that is unlawful, defamatory, discriminatory, misleading, or infringes intellectual‑property rights.

007. Weekend & Holiday Policy

Turn‑around clocks run Monday–Friday, 09:00–18:00 EET (UTC+2/+3), excluding Bulgarian public holidays.

008. Pause, Cancellation & Refunds

8.1 Pause. You may pause your subscription at any time; unused days bank until you resume (no expiry while the account remains in good standing).

8.2 Refund window. If you cancel within seven (7) calendar days of the start of your first subscription cycle and are dissatisfied with the Service, we will refund seventy‑five per cent (75 %) of the fee already paid. After this window, fees are non‑refundable except as required by Bulgarian or EU consumer law.

8.3 Cancellation. You may cancel at any time via written notice. The subscription remains active until the end of the current billing cycle; no further renewals will be charged.

8.4 Start of Service During Withdrawal Period (EU Clients). If you are an EU consumer, by submitting your onboarding form or first design request, you expressly request that we begin delivering the Service during the 14-day withdrawal period. You acknowledge that if the Services are fully performed within this period, you will lose your right of withdrawal. If you withdraw after service has started but before completion, you will be entitled to a pro-rata refund for the portion not delivered.

8.5 Revocation of Licence Upon Refund. If any refund (partial or full) is issued, you agree not to use, publish, or distribute any deliverables provided under this Agreement. Any existing usage must cease immediately upon issuance of refund. PX/PUSH reserves the right to take legal action for continued use of refunded materials.

8.6 Refund Processing. Approved refunds will be processed within ten (10) business days to the original payment method, excluding any applicable transaction or bank fees. We reserve the right to deduct reasonable administrative costs associated with issuing the refund, where permitted by law.

8.7 Chargebacks. You agree not to initiate chargebacks without first seeking a refund in accordance with this Agreement. Unauthorised chargebacks may result in immediate account termination and legal action to recover losses.

009. Service Interruptions

We are not liable for delays caused by force‑majeure events, third‑party platform outages, or late client inputs.

010. Liability & Indemnity

10.1 Our total liability under this Agreement is capped at the fees you paid in the preceding three (3) months.

10.2 Indemnity. You agree to indemnify and hold PEAK SHIFT harmless against any third‑party claims arising from (a) your breach of this Agreement, or (b) content you supply or direct us to use. PEAK SHIFT provides no defence or indemnity against third‑party intellectual‑property claims relating to the Project Files.

011. Termination

Either party may terminate with written notice if the other materially breaches this Agreement and fails to remedy within ten (10) days. Sections 3, 4, 8, 9, 10 and 12 survive termination.

012. Governing Law & Jurisdiction

This Agreement is governed by Bulgarian law. The courts of Sofia have exclusive jurisdiction over any dispute.

013. Showcasing Work & NDA

We may display non‑confidential deliverables in our portfolio unless you request and both parties sign an NDA before work begins.

014. Electronic Communications

Electronic notices satisfy legal writing requirements. Send formal notices to [email protected].

015. EU Consumer Rights (Right of Withdrawal)

If you are a consumer habitually residing in the European Union, you have the right to withdraw from this Agreement within 14 days of its commencement without giving any reason. To exercise this right, you must notify us in writing. If you have not expressly requested that the Services begin within this period, you will receive a full refund.

If you requested that the Services begin within the 14-day period and later exercise your right of withdrawal, we will refund the portion of your payment corresponding to the part of the Services not yet performed. If the Services have been fully performed, no refund will be issued.

016. Abuse of Services

We reserve the right to suspend or terminate service without refund if, in our sole judgement, the Service is being misused. Misuse includes but is not limited to: submitting excessive requests with minimal actionable detail, abusive or disrespectful behaviour toward staff, or attempting to manipulate the queue to extract more work than reasonably permitted by the subscription tier.

017. Dispute Resolution

Before initiating any legal dispute or chargeback, you agree to first contact PX/PUSH at [email protected] and allow up to ten (10) business days to resolve the issue in good faith. Failure to do so may be taken into account in any legal or administrative proceedings.

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