Terms of Service

3.1 TodayMade provides on-demand graphic design services (the “Services”) which include:  Website Design & Development: Creating and designing websites, including Webflow development.  Marketing & Advertising Design: Developing visual assets for advertising campaigns, social media, email templates, and presentations.  Content Design: Designing layouts and visuals for ebooks and other written content.  Motion Graphics: Creating animated graphics and videos. 

3.2 Subject to your compliance with this Agreement, as well as your subscription for an applicable plan and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, without notice to you. Our Services include unlimited graphic design requests (handled one at a time), unlimited revisions, fast delivery within 24-48 hours, access to a dedicated design team, and related features as described on our Site.

3.3 You may only access and use the Services in accordance with the terms of the Agreement. You agree to: (i) provide accurate, current, and complete information about you as may be prompted by any form on this Site (“Registration Data”); (ii) maintain and promptly update the Registration Data to keep it accurate, current, and complete; (iii) maintain the security of any password and identification information; (iv) notify us immediately of any unauthorized use of your account; (v) accept sole responsibility for any and all activities that occur on your account. Each person who uses any Services must have a separate username and password. You must provide a valid email address for each person that you authorize to use your account. You agree to provide any other information that we reasonably request.

3.4 You are responsible for obtaining and maintaining all telecommunications, broadband, and computer equipment and services needed to access and use the Services and for paying all charges related thereto.

3.5 We may terminate your account without prior notice or liability to you if we find, in our sole and exclusive discretion, that you: (i) have violated this Agreement; (ii) are not in alignment with our model; (iii) are sharing usernames or passwords; (iv) violate our core values; or (v) are abusing our services or team in any way, including using our services for illegal purposes.

3.6 “Deliverables” means content that we develop and provide specifically for you based on your design requests, such as illustrations, presentations, email templates, animations, web designs, and ebooks. Deliverables do not include Licensed Content, which is subject to certain license restrictions.

3.7 “Licensed Content” means stock or otherwise pre-existing content elements that we own or license from a third party, including artwork, stock photographs, audio, typeface, video, designs, and writings. While you are, and will be, the sole and exclusive owner of all right, title, and interest in and to the Deliverables, the Licensed Content incorporated in the Deliverables is subject to the license described in Section 5 below. No rights are granted to you to any Licensed Content other than as expressly set forth herein.

3.8 Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your personal and internal professional, non-commercial internal business purposes.

3.9 For clarity, "personal purposes" means using the Services for your individual, non-commercial, and household activities, such as personal communication, entertainment, or self-improvement, without any connection to a professional or commercial endeavor.  "Internal professional purposes" means using the Services to support your own business or professional activities, but expressly excludes any commercial exploitation of the Services themselves, such as reselling, leasing, or providing the Services to third parties as a standalone offering. 

3.10 You may not access or use the Services in order to monitor their availability, performance, or functionality for competitive purposes. You may not, and may not permit any third party to: (a) reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble, or otherwise attempt to discover source code, object code, or underlying structures, ideas, or algorithms of the Services; (b) modify, translate, or create derivative works based on the Services; (c) use the Services for any purpose other than your own personal and internal professional internal purposes; (d) use the Services for any commercial purpose, including, without limitation, reselling, leasing, or providing services to third parties; or (e) use the Services other than in accordance with the Agreement and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).

3.11 You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit in any manner any feedback, suggestions, or recommendations that you provide to us.

4.1 You may use the Services for any number of projects and scope for which you have subscribed under the applicable plan and as are appropriate based on the size of your account. While we accept unlimited requests for Deliverables and revisions to those Deliverables, our output volume depends on many factors, namely the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines, but we suggest you do not use our Services for time-sensitive projects.

4.2 We do our best to minimize any mistakes in the final Deliverables. However, due to the nature of creative design, we cannot guarantee all final Deliverables will be 100% error-free. When we deliver a file to you, you agree to review and proof all files for any errors or omissions and notify us if any changes or corrections are needed within seven (7) days of receipt. We will do our best to rush edits to correct any mistakes that you notify us about during this time period. If you notify us of any errors after that time period, we are not required to but intend to try to work with you to make corrections.

4.3 The speed of your account is determined by how many subscriptions you have. A subscription is a measurement of output and represents what we can accomplish in a business day, with our team, our software, and our web platform. What we can create with a single subscription depends on many factors, including, but not limited to: (i) the type of plan; (ii) the volume of requests; and (iii) the complexity of requests. We do not guarantee the amount of work that we can create with a single subscription. To increase the volume of work we can complete within a business day, we suggest you add subscriptions to your account.

4.4 You are the owner and/or controller of all of the information, data, or materials that you provide to us to use the Services (“Customer Content”). By submitting Customer Content to us, you are representing that you are the owner of such Customer Content and/or have the necessary rights, licenses, and authorization to distribute it. You grant us a worldwide, royalty-free, non-exclusive license to access and use Customer Content to provide the Services.

4.5 You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the Deliverables, including all intellectual property rights therein. We agree that with respect to any Deliverables that may qualify as “work made for hire” as defined in 17 U.S.C. §101, such Deliverables are deemed a “work made for hire” for you. To the extent that any Deliverables do not constitute a “work made for hire,” we irrevocably assign you all right, title, and interest throughout the world in and to the Deliverables, including all intellectual property rights therein. Notwithstanding the foregoing, the terms of this Section 4.5 are subject to your compliance with this Agreement, your full payment of applicable amounts due, and the terms of Sections 4.7 and 5 below. You grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, host, run, copy, reproduce, process, adapt, translate, publish, transmit, display, and distribute any Deliverables that we develop in connection with the Services solely to provide the Services to you and manage your account. We may also use the Deliverables and other information regarding you and your use of the Services for internal purposes to improve and enhance our Services and in an aggregated form to illustrate the scope of our Services for marketing and advertising purposes.

4.6 TodayMade does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use the Service in a manner that would or would likely incite, promote, or support such discrimination, and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Service, without notice and liability for any reason.

4.7 The Services may allow you an option to use AI-generated content as part of your Deliverable. To the extent you utilize AI-generated content or otherwise agree to the use of AI-generated content in your Deliverable, you agree to and will comply with OpenAI’s terms of use with respect to such AI-generated content (which terms are located at https://openai.com/policies/terms-of-use and are incorporated herein by reference), or such other terms identified by us when you request or consent to the use of AI-generated content. For clarity, OpenAI’s terms of use are separate from and in addition to (and do not supersede or replace) TodayMade’s Terms of Service, which will continue to apply in full force and effect. We have very limited control over AI-generated content. We make no warranty or representation of accuracy, completeness, reliability, ownership, or noninfringement with respect to any AI-generated content. By requesting or consenting to the use of AI-generated content, you acknowledge and agree that any use of AI-generated content is at your own risk.

5.1 Subject to compliance with this Agreement and full payment of applicable amounts due, we grant you a revocable, non-exclusive, non-transferable, royalty-free, worldwide right and license to the Licensed Content for your personal or internal professional use as incorporated in a Deliverable. Except as expressly provided in the license terms associated with the Licensed Content, all Licensed Content is provided and licensed only for a single use as incorporated into a Deliverable. You may broadcast, display, distribute, or reproduce that Deliverable that includes the single-use Licensed Content but only as part of that Deliverable. If you want to use the Licensed Content for another project, end product, or different use, you must purchase another license. In no event shall you use the Licensed Content on a stand-alone basis. Except as expressly permitted by us, you agree not to, directly or indirectly, stockpile, sell, lease, sublicense, distribute, copy, reproduce, republish, reverse engineer, download, data mine, or modify any Licensed Content made available to you.

5.2 To the extent that we license the Licensed Content from any third party, including but not limited to Adobe Stock or Envato, you agree to comply with the relevant third-party license, which, as applicable, include the Adobe Stock General Terms and Product Specific Licensing Terms at https://www.adobe.com/legal/terms/enterprise-licensing.html and the Envato Elements License terms at https://elements.envato.com/license-terms. For clarity, such license terms are separate from and in addition to (and do not supersede or replace) TodayMade’s Terms of Service, which will continue to apply in full force and effect. Except with our written permission, you may not: (i) sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any part of your rights to use Licensed Content apart from the Deliverable into which it is incorporated; (ii) change, alter, adapt, translate, convert, modify, or make any derivative works of any Licensed Content; (iii) falsely represent that you are the original creator of any Licensed Content; (iv) use Licensed Content in a pornographic, defamatory, or other unlawful manner; (v) use Licensed Content in any way that allows others to download, extract, or redistribute Licensed Content as a standalone file or work; and (vi) use Licensed Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), unless you indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.

5.3 Our licensors and we retain ownership over Licensed Content, whether downloaded through our stock services or incorporated into your Deliverable. We reserve the right to terminate, revoke, or withdraw all licenses upon your failure to comply with any provisions of this Agreement. In the event of any termination, you will have no further right to make use of the Licensed Content, which may include the Licensed Content that is included in your Deliverable.

6.1 Use of our Services requires payment of recurring fees. Subscriptions are billed on a monthly basis at a flat rate starting from $799 per month, or as specified in your selected plan. Before we have any obligation to provide Services, you must pay the fees (as well as applicable taxes) in full, in such amounts and for such billing frequency as specified during registration, as updated (prospectively, not retroactively) by you from time to time. All fees are due upon receipt of invoice. Failure of TodayMade to provide an invoice does not relieve you of your obligation to pay the fees in accordance with the terms specified when you register. You agree that, upon registering for the Services, you authorize us to charge your method of payment (e.g., credit card) for the fees and applicable taxes from your registration date based upon your chosen billing frequency (e.g., monthly). Overdue charges will accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance, or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend or terminate your account in the event you fail to pay amounts owed to us when due. All amounts owed under this Agreement are non-cancelable and non-refundable, except as specifically provided in this Section 6.

6.2 We reserve the right to change our fees upon 5 days’ advance notice. By continuing to use the Services, you accept such changes. We are not required to notify you of temporary promotions or reductions in fees.

6.3 You may cancel your subscription with us at any time directly in our application or by contacting our support team at hello@eleken.co. If you cancel your subscription before the next renewal cycle, you can continue using your account and accessing your design files until the end of your paid billing term. When your subscription expires, you will no longer have access to our Services and all design files associated with those Services. We do not provide refunds or credits for partial months of service, downgrades, or unused time.

6.4 To the extent that we have issued any promotional or other credit to your account, we may apply such credit to any unpaid amounts that may be or become due from you. Any such credits must be used within one (1) year following the date of issuance, after which any unused credits will automatically expire.

8.1 Unless you provide us with written notice to the contrary or of any reasonable restrictions or requirements, you agree that we may disclose that you are a customer and may use your name(s) and logo(s) in: (a) our digital, online, and printed marketing materials (including on our websites); and (b) external-facing presentations, including to individual clients and prospects.

9.1 This Agreement will expire and terminate upon the expiration or termination of your account or subscription to a Service; provided that all sections of this Agreement which by their nature should survive termination will survive termination, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

9.2 We may terminate this Agreement at any time upon notice if you default or breach this Agreement. Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement relating to such Service will immediately terminate, you will lose all access to the applicable Service, including access to your account and Customer Content or other files. If we terminate the Agreement for your breach, any licenses to Licensed Content will terminate.

9.3 You must maintain an active subscription for our platform in order to use the creative Services or professional services for which you have subscribed or purchased. Upon any expiration or termination of your subscription for our platform (whether due to non-renewal, non-payment, breach, or any other reason), all of your rights with respect to subscriptions for or purchases of any creative Services or professional services will automatically and immediately terminate. You will not be entitled to any refund or credit with respect to any remaining or unused portion of any such creative or professional Services that you have previously purchased or subscribed, regardless of the reason for termination or expiration.

10.1 EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 10.1, THE SITE AND THE SERVICES (INCLUDING BUT NOT LIMITED TO DELIVERABLES, LICENSED CONTENT, AND AI-GENERATED CONTENT) ARE PROVIDED “AS IS, AS AVAILABLE”. WE MAKE NO PROMISES ABOUT OUR SERVICES AND, TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHER VIOLATION OF RIGHTS, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE.

11.1 WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED OR EXPRESS WARRANTIES, SHALL NOT EXCEED FIFTY DOLLARS ($50.00), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED TO CUSTOMER CONTENT OR USE OF THE SERVICES, ANY DELIVERABLES, LICENSED CONTENT, OR AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO VIOLATION OF ANY THIRD-PARTY LICENSE TERMS. YOU SHALL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.

13.1 If this Site is available through any third-party platform, or if we provide links from this Site to any third-party platform, then we do not accept responsibility for any content or practices of such third parties.

14.1 We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials from this Site by submitting written notification to our agent designated below.

14.2 In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (1) your physical or electronic signature; (2) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Site, a representative list of such works; (3) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (4) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (5) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the written notice is accurate; and (7) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

14.3 Our designated agent to receive DMCA Notices is:
Chief of Staff Copyright Agent
Eleken US, LLC
131 Continental Dr, Suite 305, Newark, DE 19713
marketing@eleken.co 

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A TRIAL BEFORE A JURY.

15.1 This Agreement is governed by, and construed in accordance with, the laws of the State of Delaware, without regard to any choice of law, conflicts of law, or other principles that would result in the application of the laws or regulations of any other jurisdiction.

15.2 Initial Dispute Resolution

You agree that before initiating any formal dispute resolution, you will first contact TodayMade directly to attempt to resolve the issue. Most concerns can be resolved quickly and satisfactorily through direct communication. You and TodayMade agree to make a good-faith effort to resolve any dispute through direct consultation and discussions. These discussions are a precondition to initiating any lawsuit or arbitration.

15.3 Binding Arbitration

If a resolution is not reached through direct consultation and discussions within 30 days of the initial contact, either party may initiate binding arbitration as the sole means of formal dispute resolution, subject to the terms below. Specifically, all claims arising from this Agreement, the parties’ relationship, or your use of the Services will be resolved by binding arbitration administered by JAMS under its Comprehensive or Streamlined Arbitration Rules, excluding any rules permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce; therefore, the Federal Arbitration Act (FAA) governs the interpretation, applicability, enforceability, and formation of this Agreement, notwithstanding any other choice of law provision. The arbitrator, not any court, has exclusive authority to resolve all disputes concerning the interpretation, applicability, enforceability, or formation of this Agreement, including claims that it is void or whether a claim is subject to arbitration. The arbitrator may grant any relief available in court. The arbitrator’s award is binding and may be entered as a judgment in any court of competent jurisdiction. You and TodayMade consent to the personal jurisdiction of courts in Delaware, to compel arbitration, stay judicial proceedings, confirm, modify, vacate, or enter judgment on the award, and enforce equitable relief beyond the arbitrator’s jurisdiction. Initiating a lawsuit against TodayMade in violation of this agreement will not waive the right to compel binding arbitration.

THE PARTIES AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15.4 Class Action and Collective Arbitration Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND TODAYMADE WAIVE THE RIGHT TO: CONSOLIDATE, JOIN, OR COORDINATE DISPUTES WITH OTHER INDIVIDUALS OR ENTITIES; PARTICIPATE IN ANY GROUP, CLASS, COLLECTIVE, OR MASS ARBITRATION OR LITIGATION; ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A CLASS REPRESENTATIVE; ARBITRATE OR LITIGATE ANY DISPUTE AS A PRIVATE ATTORNEY GENERAL; OR SEEK TO RECOVER LOSSES OR DAMAGES INCURRED BY A THIRD PARTY. ALL SUCH RIGHTS ARE EXPRESSLY AND UNCONDITIONALLY WAIVED.

THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

15.5 Waiver of Jury Trial

YOU AND WE EXPRESSLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDINGS RELATING TO THIS AGREEMENT OR ANY PERFORMANCE OR FAILURE TO PERFORM OF ANY OBLIGATION UNDER THIS AGREEMENT.

15.6 Opting out of Arbitration

You may opt out of this arbitration agreement within 30 days of accepting this Agreement by sending a notice via U.S. Mail or a nationally recognized delivery service (e.g., UPS, FedEx) to the following address: Eleken US, LLC 131 Continental Dr, Suite 305, Newark, DE 19713, USA. Your notice must include your name, address, and a clear statement that you do not wish to resolve disputes with TodayMade through arbitration. Failure to comply with this procedure within 30 days will bind you and TodayMade to the arbitration agreement.

15.7 Exceptions

Notwithstanding the agreement to resolve disputes through consultation and arbitration, either party may bring an action in federal court for claims of patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, or trade secret misappropriation.

You irrevocably consent to the exclusive jurisdiction and venue of state or federal courts sitting in New Castle County, Delaware, to resolve any claims that are exceptions to the arbitration agreement in this Section 15 or are determined by a court of competent jurisdiction to be non-arbitrable.

Any legal action, claim, or proceeding relating to or arising out of this Agreement shall be instituted in a state or federal court of competent jurisdiction in New Castle County, Delaware. The parties agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

If no court in New Castle County, Delaware is found to have jurisdiction, then the parties shall adjudicate any dispute arising out of or relating to this Agreement by binding arbitration administered by the International Centre for Dispute Resolution in Wilmington, Delaware in accordance with its International Arbitration Rules. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

15.7 Exceptions

Notwithstanding the agreement to resolve disputes through consultation and arbitration, either party may bring an action in federal court for claims of patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, or trade secret misappropriation.

You irrevocably consent to the exclusive jurisdiction and venue of state or federal courts sitting in New Castle County, Delaware, to resolve any claims that are exceptions to the arbitration agreement in this Section 15 or are determined by a court of competent jurisdiction to be non-arbitrable.

Any legal action, claim, or proceeding relating to or arising out of this Agreement shall be instituted in a state or federal court of competent jurisdiction in New Castle County, Delaware. The parties agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

If no court in New Castle County, Delaware is found to have jurisdiction, then the parties shall adjudicate any dispute arising out of or relating to this Agreement by binding arbitration administered by the International Centre for Dispute Resolution in Wilmington, Delaware in accordance with its International Arbitration Rules. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be in writing and addressed to the parties at the addresses set forth below (or to such other address that may be designated by the receiving party from time to time in accordance with this Section).

If to TodayMade:  Eleken US, LLC 131 Continental Dr, Suite 305, Newark, DE 19713
E-mail:marketing@eleken.co

If to You:

To the address and email address provided by you during your account registration or as otherwise updated by you in your account settings on the Site.

17.1 This Agreement and the rights and obligations herein are personal to you, and you may not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder, without our prior written consent. We may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, bankruptcy, reorganization, or sale of some or all of our assets or stock.

18.1 If any one or more of the provisions of this Agreement are for any reason held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will be unimpaired and will remain in full force and effect, and the invalid, illegal, or unenforceable provision(s) will be replaced by a valid, legal, and enforceable provision or provisions that comes closest to the intent of the parties underlying the invalid, illegal, or unenforceable provision(s).

19.1 The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of this Agreement or any breach, in any one instance, will not waive such term or condition or any subsequent breach.

20.1 If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to, pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services, or other third-party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.

21.1 We may amend this Agreement, terms or policies at any time. Amendments will be published on the Site and are effective immediately. For amendments that limit your rights, you will be notified upon your next visit and required to re-confirm acceptance before using this Site. If you do not agree, you must cease using the Site and our Services.

22.1 If you have executed a separate agreement with us applicable to your access to and use of this Site or our Services, then the terms and conditions of that agreement prevail to the extent of any conflict with this Agreement. In all other cases, this Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior communications and proposals.