Terms and Conditions

Welcome to shiftmade.com (the "Website"). These Terms and Conditions of Use ("Terms") govern your access to and use of the Website operated by SHIFT ("SHIFT", "we", "us", or "our").

By accessing, browsing, or otherwise using the Website, you confirm that you have read, understood, and agree to be bound by these Terms in full. If you do not agree with any part of these Terms, please do not use the Website.

For the purpose of these Terms:

"Website" means shiftmade.com, including all of its pages, subpages, and associated content.

"Content" means all material made available on the Website, including but not limited to text, copy, images, graphics, photographs, illustrations, logos, icons, videos, audio, animations, code, design elements, and their arrangement and layout.

"You" or "User" means any person who accesses or uses the Website.

"Services" means the creative, design, development, branding, marketing, and related professional services offered by SHIFT, which are provided under separate agreements as described in Section 10.

By using the Website, you represent that you are at least 18 years of age, or that you are accessing the Website under the supervision of a parent or legal guardian. If you are using the Website on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

(3.1) Ownership. All Content on the Website is owned by SHIFT or its licensors and is protected by copyright, trademark, and other intellectual property laws in Romania, the European Union, and internationally. All rights not expressly granted to you are reserved.

(3.2) Trademarks. The SHIFT name, logo, wordmark, logomark, and all related marks, brand elements, and visual identity are trademarks and protected assets of SHIFT. They may not be used, reproduced, or displayed without our prior written consent.

(3.3) Restrictions. You may not, in whole or in part, copy, reproduce, republish, distribute, transmit, display, modify, adapt, create derivative works from, sell, license, or otherwise exploit any Content without our express prior written permission. This includes any use for commercial purposes and any framing, scraping, data mining, or automated extraction of Content.

(3.4) Third-party rights. Certain Content may feature the work, trademarks, or materials of our clients or partners. Such material remains the property of its respective owners and is used with permission for portfolio and reference purposes only.

(4.1) Personal and non-commercial use. The Website is made available to you for lawful, personal, and non-commercial informational purposes only. You may view, browse, and, where a feature is expressly provided, download or print Content for your own personal reference, provided you do not remove any copyright or proprietary notices.

(4.2) Prohibited conduct. You agree not to:
- use the Website in any way that breaches any applicable local, national, or international law or regulation;
- use the Website in any manner that is fraudulent, harmful, or has any unlawful or fraudulent purpose or effect;
- attempt to gain unauthorized access to the Website, the server on which it is stored, or any server, computer, or database connected to it;
- introduce viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material;
- attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- reproduce, duplicate, copy, or resell any part of the Website in breach of these Terms; or
- interfere with, disrupt, or place an unreasonable load on the Website or its underlying infrastructure.

We reserve the right to restrict or terminate your access to the Website, without notice, if we reasonably believe you have breached these Terms.

(5.1) Any information you submit to us through the Website, for example, via a contact form, project inquiry, or email, must be accurate, lawful, and not infringe the rights of any third party.

(5.2) By submitting content or communications to us, you grant SHIFT the right to use that information for the purpose of responding to your inquiry and, where relevant, providing our Services. We handle personal data in accordance with our Privacy Policy.

(5.3) We do not accept responsibility for unsolicited creative ideas, concepts, or proposals submitted to us. Any such submissions are made on a non-confidential basis unless a separate written agreement provides otherwise.

The Website may contain links to third-party websites, resources, or services that are not owned or controlled by SHIFT. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. Accessing any linked website is done entirely at your own risk, and we are not liable for any loss or damage arising from your use of them.

(7.1) "As is" basis. The Website and its Content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, to the fullest extent permitted by applicable law.

(7.2) Accuracy. While we take reasonable care to ensure that the information on the Website is accurate and up to date, we make no representations or warranties that the Content is complete, current, or error-free. Content is provided for general information purposes only and should not be relied upon as professional advice.

(7.3) Availability. We do not guarantee that the Website will be available at all times, uninterrupted, secure, or free from errors or viruses. We may suspend, withdraw, or restrict the availability of all or any part of the Website for business or operational reasons without notice.

The Website serves as an informational and promotional platform for SHIFT. Nothing on the Website constitutes a binding offer to provide Services. Any engagement of SHIFT for creative, design, development, branding, marketing, or related Services is governed exclusively by a separate written agreement, proposal, or contract entered into between SHIFT and the client. In the event of any conflict between these Terms and such an agreement, the terms of that agreement shall prevail with respect to the Services.

To the fullest extent permitted by applicable law, SHIFT, its founders, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with your access to or use of, or inability to use, the Website or any Content or linked third-party site.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

You agree to indemnify and hold harmless SHIFT and its founders, employees, and partners from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your breach of these Terms or your unlawful use of the Website.

We reserve the right to review, amend, or update these Terms at any time and at our sole discretion. Any changes will take effect immediately upon publication of the revised Terms on the Website, with the "Last updated" date amended accordingly.

By continuing to use the Website after changes are published, you confirm your acceptance of the updated Terms. We recommend that you review these Terms periodically to stay informed of any updates.

These Terms, their subject matter, and their formation are governed by the laws of Romania. Any dispute or claim arising out of or in connection with the Website or these Terms shall be subject to the exclusive jurisdiction of the competent courts of Romania, without prejudice to any mandatory consumer protection rights you may have under applicable law.

If any provision of these Terms is found by a competent authority to be invalid, unlawful, or unenforceable, that provision shall be severed from the remaining provisions, which shall continue in full force and effect.

For any questions, concerns, or requests regarding these Terms and Conditions, please contact us at office@shiftmade.com.