Terms of Service

This Service Usage Agreement (hereafter referred to as the "Agreement") constitutes a legally binding agreement between Roca Studio, operating as a simplified stock company (SAS) under Colombian law (“Roca Studio”), and the user, who may be an individual or a legal representative of an entity (“User”). This Agreement outlines the terms under which the User may access and use Roca Studio's website (https://www.rocastudio.co/) (hereinafter, "Website"), including any associated media, channels, mobile websites, or mobile applications. Users who do not accept or adhere to the terms, conditions, and obligations stated herein must refrain from using the Website and terminate their use forthwith. Non-compliance results in the termination of the relationship between the User and Roca Studio, with no continuing obligations, except for any remaining User obligations to pay Roca Studio for previously rendered services.

1. Copyright and Trademark Provisions

Roca Studio is the sole owner of the Website, including all source codes, databases, functionalities, software, designs, audio, video, texts, photographs, and graphics (collectively or individually referred to as "Materials"), as well as the trademarks, service marks, and logos contained therein ("Marks"). These are protected by copyright, trademark laws, and other intellectual property laws in Colombia and internationally. The Materials and Marks are offered for personal, non-commercial use only. Except as explicitly allowed in this Agreement, no part of the Website or Materials may be duplicated, republished, combined, uploaded, displayed, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without prior written permission from Roca Studio. All rights to the Website, Materials, and Marks are reserved by Roca Studio.

2. Client Material Ownership

Despite Roca Studio's rights over Submissions as detailed in Section 4 (“User Contributions”), all designs and original source files created for User projects (“Projects”) are owned by the User. The User retains exclusive copyright ownership of all Projects. If, under any legal circumstances, Roca Studio is deemed the owner of a Project, in whole or in part, Roca Studio will unconditionally transfer all its interests in the Project to the User. The User assures that all materials provided to Roca Studio, for design integration or as examples, are owned by the User and do not infringe on any third party's rights, including intellectual property and publicity rights. Roca Studio reserves the right to display the User’s design work publicly, unless otherwise specified in Section 18 of this document.

3. User Acknowledgements

By using the Website, the User affirms and guarantees: Legal capacity and agreement to abide by these Terms of Use; Not being a minor in their jurisdiction; Non-use of the Website through automated or non-human means; Compliance with all applicable laws and regulations in Website use; and Non-engagement in unlawful or unauthorized Website activities.

4. User Contributions

Any feedback, suggestions, or other contributions provided by the User (“Contributions”) become the sole property of Roca Studio. Roca Studio is not obligated to keep Contributions confidential or to compensate or acknowledge the User for them. Except as granted under Section 2 (“Client Material Ownership”), Roca Studio has full rights to use and share Contributions for lawful purposes without needing permission or offering compensation to the User. The User declares their right to make these Contributions and relinquishes any claims against Roca Studio for their use.

5. Third-Party Font Licensing

If a Project includes Third-Party Fonts not owned by Roca Studio that require commercial licensing for legal reproduction, distribution, or public display (“Third-Party Fonts”), Roca Studio will inform the User in writing. The User must acquire licenses for these Third-Party Fonts from their respective owners. Roca Studio's written notice absolves it of responsibility for the User’s failure to obtain necessary Third-Party Font licenses.

6. Restricted Website Usage

Users are allowed to access and use the Website only for its intended purpose. Prohibited activities include unauthorized Website usage; data extraction; security feature tampering; illegitimate framing or linking; deceitful practices; overburdening the Website; competing with Roca Studio; software decoding or reverse engineering; harassment or intimidation of Roca Studio staff; copyright notice removal; software copying or modification; harmful material upload; disparagement of Roca Studio; and non-compliance with applicable laws.

7. Website Supervision and Control

Roca Studio has the right to monitor the Website for violations of these Terms of Use and to take appropriate legal actions against any violations. Roca Studio may also limit or deny Website access or deactivate User access at its discretion, without notice or obligation to the User.

8. Refund and Return Policy

Roca Studio reserves the right to refuse refund requests at its discretion, without explanation or liability to the User. Refund requests are considered individually. If a refund is requested within the first month of service, all materials created by Roca Studio remain its property, and the User is prohibited from their use. Legal action may be taken against Users violating this clause.

9. Website Modifications

Roca Studio may alter, adjust, amend, or remove any Website content or aspect at any time for any reason. Changes or discontinuations of Website parts may occur without prior notice or liability to the User.

10. Service Interruptions

Roca Studio does not guarantee uninterrupted Website access. Interruptions, delays, or errors due to external factors are possible, and Roca Studio is not liable for any resulting User loss, damage, or inconvenience.

11. Jurisdiction and Governing Law

This Agreement is governed by Colombian law, without regard to conflict of law principles.

12. Content Disclaimer

Roca Studio disclaims liability for Website content errors, personal or property damage, unauthorized server access, interrupted transmissions, harmful third-party elements, or content inaccuracies. Roca Studio is not responsible for third-party products or services advertised or offered through the Website.

13. Liability Limitations and User Indemnification

Roca Studio and its affiliates are not liable for direct, indirect, incidental, or punitive damages arising from Website use. The User agrees to indemnify Roca Studio against claims, damages, costs, or liabilities arising from Website use, Terms of Use breach, third-party right violations, or breach of User representations and warranties. Roca Studio may assume defense of any claim requiring User indemnification.

14. User Data Responsibility

The User is responsible for their data related to Website activities. Roca Studio is not liable for data loss or corruption, and the User waives claims against Roca Studio for such losses.

15. Electronic Communication and Transactions

The User agrees to electronic communications and transactions with Roca Studio. Electronic communications satisfy legal requirements for written communications. The User accepts electronic signatures, records, and electronic delivery of notices and transaction records.

16. Design Work Display Rights

Roca Studio reserves the right to showcase design work digitally, unless otherwise agreed upon. Users may enter Non-Disclosure Agreements to restrict Roca Studio's rights to share or discuss their work.

17. Referral Management

Referral tracking and payments are managed by external partner, Lemon Squeezy.

18. Contact and Inquiries

For inquiries or complaints about the Website, contact Roca Studio at: info@rocastudio.co