THIS TERMS OF USE AGREEMENT (the "Agreement") constitutes a legally binding agreement by and between Deck Three Beta, doing business as HOSEH DIGITAL ("Hoseh"), and the client, whether personally or on behalf of an entity ("Client"), with regard to access and use of Hoseh’s website: https://www.hosehdigital.com/ (the "Website") and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between Client and Hoseh shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Hoseh for services rendered shall remain and continue to be an ongoing obligation owed by Client to Hoseh.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Hoseh, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Hoseh and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of Singapore, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Hoseh’s express prior written permission. Hoseh reserves all rights in the Website, Content, and Marks.

2. Ownership of Materials

Notwithstanding Hoseh’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Hoseh to become the owner of a Project, in whole or in part, rather than Client, Hoseh irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Hoseh as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Hoseh always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.

3. Third-Party Fonts & Stock Images

In the event that any Project incorporates fonts that are not owned by Hoseh and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Hoseh will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third-Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Hoseh has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

4. User Representations

By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; Client’s use of the Website will not violate any applicable law or regulation.

5. Prohibited Activities

Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Hoseh on behalf of the Client. Further, Client agrees to refrain from the following:

• Make any unauthorized use of the Website
• Retrieve data or content for the purposes of creating or compiling a database or directory
• Circumvent, disable, or otherwise interfere with security-related features on the Website
• Engage in unauthorized framing or linking of the Website
• Trick, defraud, or mislead Hoseh or other users
• Interfere with, disrupt, or create an undue burden on the Website or Hoseh’s networks or servers
• Use the Website in an effort to compete with Hoseh
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website
• Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof
• Harass, annoy, intimidate or threaten any of Hoseh’s employees, independent contractors, or agents providing services through the Website
• Delete the copyright or other rights notice from any Content
• Copy or adapt the Website’s software
• Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Website
• Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism
• Disparage, tarnish, or otherwise harm Hoseh
• Use the Website in a manner inconsistent with any applicable laws, statutes, or regulations

6. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of Hoseh and Hoseh is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Hoseh shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Hoseh for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

7. Management and Oversight

Hoseh reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. Hoseh further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such a decision shall be in the sole discretion of Hoseh, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Hoseh and shall be designed to protect Hoseh’s rights and property.

8. Privacy Policy

By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein.

In accordance with the Singapore Personal Data Protection Act (PDPA) guidelines, we affirm our commitment to handling your personal data responsibly and in compliance with applicable data protection laws. Users based in Singapore can contact us to obtain information about the personal data we hold and may request correction or deletion of such data in adherence to PDPA regulations.

9. Returns and Refunds

There are no refunds once payment has been made upon the placing of an order on our Platform, save in the event expressly agreed to by both of us in the event of unforeseen circumstances. If, for any reason, you are not completely satisfied with any Services that we provide, don't hesitate to contact us and we will discuss any of the issues you are facing with our Services and propose a solution that works for you.

10. Modification

Hoseh reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. Hoseh reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.

11. Connection Interruptions

Hoseh does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond Hoseh’s control. Client agrees that Hoseh shall not be liable to Client for any loss, damage, or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.

12. Governing Law

These Terms of Use are governed by the laws of Singapore.

13. Litigation

Any legal action shall be brought in the courts of Singapore. The parties consent to jurisdiction and waive defenses related to venue and jurisdiction.

14. Disclaimer

The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Hoseh disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Hoseh makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website, and Hoseh assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury, or property damage, of any nature whatsoever, any unauthorized access to or use of Hoseh’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. Hoseh does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.

15. Limitations of Liability and Indemnification

Hoseh and its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify, and hold harmless, Hoseh and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Hoseh reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Hoseh hereunder. Client agrees to cooperate with the defense of such claims.

16. User Data

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Hoseh shall have no liability to Client for any loss or corruption of any such data, and Client hereby waives any right of action against Hoseh from any such loss or corruption.

17. Electronic communications, transactions, and signatures

Client hereby consents to receive electronic communications from Hoseh, and Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed by Hoseh or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

18. Showcasing Design Work

Hoseh reserves the right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Hoseh, which in turn would void the right of Hoseh to share or discuss the Client's work publicly.

19. Miscellaneous

These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Hoseh. Failure of Hoseh to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between Client and Hoseh.

20. Contact Information

For any questions or complaints regarding the Website, please contact Hoseh Digital at: hello@hoseh.com.