Terms of service

Last updated: 4/14/2025

THIS TERMS OF USE AGREEMENT (the “Agreement”) is a legally binding contract between Molecoolar, LLC, a limited liability company established under Texas law (“Molecoolar”), and the client, whether acting personally or on behalf of an entity (“Client”), regarding access to and use of Molecoolar’s website: https://molecoolar.com (the “Website”) and any related media forms, channels, mobile websites, or applications. If you do not agree to all terms, conditions, and obligations outlined herein, you are expressly prohibited from using the Website and must cease all use immediately. Following this, the relationship between Client and Molecoolar will terminate and be void, except for any Client obligation to compensate Molecoolar for services rendered, which will remain in effect.

  1. Intellectual Property Rights
    Unless stated otherwise, the Website is owned by Molecoolar, along with all source code, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as “Content”). The trademarks, service marks, and logos (the “Marks”) are also owned and controlled by Molecoolar and are protected under copyright, trademark laws, and any applicable intellectual property regulations in the United States and internationally. The Content and Marks are provided “As-Is” for your personal use only. Without Molecoolar’s express written permission, no part of the Website or Content may be copied, reproduced, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes. Molecoolar retains all rights to the Website, Content, and Marks.
  2. Ownership of Materials
    While Molecoolar owns Submissions as described in Paragraph 4 (“Client Feedback”), all design and original source files created for the Client (“Projects”) will belong to the Client, who will be the sole copyright owner of these Projects. Should any law result in Molecoolar being considered the owner of a Project, either wholly or in part, Molecoolar irrevocably assigns its entire interest in the Project to the Client. The Client guarantees that all materials provided to Molecoolar for inclusion in a project are owned by the Client and do not infringe on any third party’s rights. Molecoolar retains the right to publicly share the Client’s design work unless otherwise agreed upon in section 18.
  3. Third-Party Fonts
    If any Project includes fonts not owned by Molecoolar and requiring a commercial license for reproduction, distribution, or public display (“Third-Party Font(s)”), Molecoolar will notify the Client that these fonts have been incorporated and that the Client must acquire the necessary licenses from the rights-holder(s). The notice will provide sufficient information for the Client to identify which licenses are needed and whom to contact for purchase. If Molecoolar has informed the Client about the Third-Party Fonts, the Client assumes all responsibility for the consequences of failing to purchase the necessary licenses.
  4. User Representations
    By using the Website, the Client represents and warrants that:
    1. They have the legal capacity and agree to comply with these Terms of Use.
    2. They are not a minor in their jurisdiction.
    3. They will not access the Website through automated or non-human means.
    4. They will not use the Website for any illegal or unauthorized purposes.
    5. Their use of the Website will comply with all applicable laws and regulations.
  5. Prohibited Activities
    The Client shall not access or use the Website for any purpose other than its intended use. The Website cannot be used for commercial endeavors outside of work performed by Molecoolar for the Client. Additionally, the Client agrees to refrain from:
    1. Unauthorized use of the Website.
    2. Retrieving data or content to compile a database or directory.
    3. Circumventing or disabling security features on the Website.
    4. Engaging in unauthorized framing or linking.
    5. Trickery, fraud, or misleading conduct towards Molecoolar or other users.
    6. Disruption or undue burden on the Website or Molecoolar’s networks.
    7. Competing with Molecoolar using the Website.
    8. Reverse engineering any software on the Website.
    9. Bypassing access restrictions on the Website.
    10. Harassing Molecoolar’s employees or agents.
    11. Deleting copyright notices from any Content.
    12. Copying or adapting the Website’s software.
    13. Uploading or transmitting harmful material such as viruses.
    14. Disparaging or harming Molecoolar.
    15. Using the Website in violation of applicable laws.
  6. Client Feedback
    The Client acknowledges that any feedback or submissions (each a “Submission”) shall be the property of Molecoolar. Molecoolar has no obligation to maintain confidentiality of any Submission and can use it for any legal purpose without Client’s permission or compensation. The Client agrees they have the right to submit the Feedback and waives any claims against Molecoolar regarding its use.
  7. Management and Oversight
    Molecoolar reserves the right to monitor the Website for compliance with these Terms and to take legal action in response to violations. Molecoolar may restrict access to the Website or disable the Client’s use at its sole discretion without notice or liability.
  8. Privacy Policy
    By using the Website, the Client agrees to the Privacy Policy and its terms. The Website is hosted in the United States, and access from other regions may involve different laws regarding personal data. The Client’s continued use constitutes consent to the transfer of data to the U.S. Molecoolar does not knowingly collect information from individuals under 18, and will delete any such information promptly upon discovery.
  9. Returns and Refunds
    Molecoolar reserves the right to deny refunds at its discretion. Refund requests will be evaluated on a case-by-case basis. If a refund is requested within the first month of use, all produced materials remain the property of Molecoolar and cannot be used by the Client. A 25% fee will be applied to refunds deemed appropriate, and transaction fees will not be refunded. Legal action may be taken against the Client for breaches of this section.
  10. Modification
    Molecoolar may change or remove any content on the Website at its discretion and may modify or discontinue parts of the Website without notice or liability.
  11. Connection Interruptions
    Molecoolar does not guarantee that the Website will always be available. Hardware or software issues may result in interruptions beyond Molecoolar’s control. The Client agrees that Molecoolar is not liable for any inconvenience caused by such interruptions.
  12. Governing Law
    These Terms will be governed by the laws of the State of Texas, without regard to conflict of law principles.
  13. Litigation
    Legal actions must be brought in the state courts of Harris County, Texas, or the United States District Court for Harris County. The parties consent to personal jurisdiction in these courts.
  14. Disclaimer
    The Website is provided on an “as-is” basis, and the Client uses it at their own risk. Molecoolar disclaims all warranties, express or implied, including those of merchantability and fitness for a particular purpose. Molecoolar is not liable for errors, injuries, or damages resulting from the use of the Website.
  15. Limitations of Liability and Indemnification
    Molecoolar and its affiliates are not liable for any damages arising from the Client’s use of the Website. The Client agrees to indemnify and hold Molecoolar harmless from any claims arising out of their use of the Website or breach of these Terms.
  16. User Data
    The Client is responsible for all data related to their activities using the Website, and Molecoolar is not liable for any loss or corruption of such data.
  17. Electronic Communications, Transactions, and Signatures
    The Client consents to receive electronic communications from Molecoolar, and agrees that all agreements and notices sent electronically satisfy legal requirements for written communication. The Client agrees to the use of electronic signatures and records.
  18. Licensing
    The Client assumes responsibility for unauthorized use of any content displayed on their platforms. It’s the Client’s responsibility to ensure all content used is properly licensed. Molecoolar may hold relevant licenses, but these are not transferable without written consent.
  19. Showcasing Client Work
    Molecoolar has the right to share design work on digital platforms unless otherwise agreed. The Client may issue an NDA to restrict this right.
  20. Referrals
    Referral tracking and payouts are managed through our third-party partner, Tolt.io.
  21. Miscellaneous
    These Terms and any policies posted on the Website constitute the entire agreement between the Client and Molecoolar. Failure to enforce any provision does not waive the right to enforce it later. If any part of these Terms is found unlawful, it will be severed without affecting the validity of the remaining provisions.
  22. Contact Information
    For any questions or concerns regarding the Website, please contact Molecoolar at: hello@molecoolar.com.