Terms & Conditions

Last Updated 20 August 2023

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between BUTTERPHI CONSULTING, EURL, a limited liability company organised under the laws of France (“ButterPhi”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of ButterPhi’s website: https://butterphi.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 ButterPhi shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay ButterPhi for services rendered shall remain and continue to be an ongoing obligation owed by Client to ButterPhi.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of ButterPhi 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 ButterPhi and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of France, the European Union, 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 ButterPhi’s express prior written permission. ButterPhi reserves all rights in the Website, Content and Marks.

2. Ownership of Materials

Notwithstanding ButterPhi’s ownership of Job submissions, as described in Section 3 (“Client Feedback”), all content and original source files created on Client’s behalf (“Jobs”) belong to Client, and Client shall be the sole owner of the copyright for all Jobs. In the event that any operation of law would cause ButterPhi to become the owner of a Job, in whole or in part, rather than Client, ButterPhi irrevocably and perpetually assigns its entire interest in the Job to the Client, without limitation. The Client warrants that any and all materials provided to ButterPhi as examples or as material to be incorporated into a Job during the creative process are owned by the 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. ButterPhi always reserves the right to share the Client's content work publicly (social media, website, etc.) unless agreed upon as stated in section 17 of this document.

3. User Representations

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

4. Prohibited Activities

The Client shall not access or use the Website for any purposes other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavours except those related to the work performed by ButterPhi on behalf of the Client. Further, the Client agrees to refrain from the following: making any unauthorised use of the Website; retrieving data or content for the purposes of creating or compiling a database or directory; circumventing, disabling, or otherwise interfering with security-related features on the Website; engaging in unauthorised framing or linking of the Website; tricking, defrauding or misleading ButterPhi or other users; interfering with, disrupting or creating an undue burden on the Website or ButterPhi’s networks or servers; using the Website in an effort to compete with ButterPhi; deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Website; bypassing any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; harassing, annoying, intimidating or threatening any of ButterPhi’s employees, independent contractors or agents providing services through the Website; deleting the copyright or other rights notice from any Content; copying or adapting the Website’s software; uploading, transmitting, or attempting 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; uploading or transmitting, or attempting to do so, any material that acts as a passive or active information collection or transmission mechanism; disparaging, tarnishing or otherwise harming ButterPhi; using the Website in a manner inconsistent with any applicable laws, statutes or regulations, local or international.

5. Client Feedback

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

6. Management and Oversight

ButterPhi 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. ButterPhi further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of ButterPhi, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of ButterPhi and shall be designed to protect ButterPhi’s rights and property.

7. Privacy Policy

By using the Website, the Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. ButterPhi is a registered company within France and as such is under French and EU law and jurisdiction. Client’s continued use of the Website and transfer of data to the United States or the EU constitutes express consent of Client to the transfer and processing of data in the United States and the EU. ButterPhi does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the European Union’s overarching General Data Protection Regulation (the “GDPR”), upon the receipt of actual knowledge that an individual under the age of 16 has provided personally identifiable information to ButterPhi without parental consent, ButterPhi shall delete that information as soon as reasonably practical.

8. Returns and Refunds

ButterPhi reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should the Client request a refund during the first month of use, all materials produced by ButterPhi are ownership of the company and are prohibited from being used by the Client in any way.

If a refund is deemed to be appropriate, there will be a 50% fee assigned to the remaining billable period.