Terms Of Service

Terms of Service Effective Date: June 8, 2025

DailyEnigma, LLC (“we,” “us,” “our,” or “DailyEnigma”) operates the website www.thevisionarydesigner.com and the application at app.thevisionarydesigner.com (collectively, the “Services” or “Platform”). These Terms of Service (“Terms”) govern your access to and use of the Services, including our educational design courses delivered through hosted videos, community features, gamified rewards (Chests), streaks, live events, and any related tools.

By accessing or using the Services, you agree to these Terms. If you do not agree, you may not use the Services. We are committed to delivering a high-quality learning experience and resolving any platform issues promptly and fairly — but please read these Terms carefully, as they contain important legal protections, limitations of liability, and disclaimers.

1. Description of Services

The Platform provides educational content to help users improve their design skills through:

Professionally hosted video lessons (we host all videos ourselves).
Interactive tools, project workspaces, streaks for consistent learning, and weekly (or referral-based) digital rewards via “Chests.”
Community features for feedback and collaboration.
Live events (integrated with Google Calendar).

We do not guarantee any financial return, income, business success, monetary value, or specific commercial outcomes from using the Services or any Rewards — only that consistent engagement will support improvement in your design skills.

2. User Accounts and Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction) to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. We may suspend or terminate accounts for violations of these Terms.

3. Intellectual Property & Video Content

All videos, lessons, designs, tools, platform features, and other materials provided by us (“Platform Content”) are owned by or licensed to DailyEnigma, LLC and protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Platform Content solely for your personal, non-commercial educational use on the Platform.
You may not download, copy, record, reproduce, distribute, publicly perform, display, modify, create derivative works from, transmit, or otherwise exploit any Platform Content outside the Platform (including screen recording, sharing links, or re-distribution).
Any violation, including unauthorized copying or re-distribution, will result in immediate account termination and may result in legal action to enforce our rights.

Any content you create or upload to the Platform (“User Content”) remains owned by you (subject to any third-party rights you may incorporate). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, display, reproduce, distribute, and use it as necessary to provide, maintain, promote, and improve the Services.

4. Chests, Digital Rewards, Streaks & Gamification

Chests provide digital rewards such as downloadable design assets, Figma-compatible templates, virtual items, badges, or other in-platform elements (“Rewards”). Some Rewards may include rare physical items (e.g., event-related perks like travel to a live event). Rewards are granted for engagement, streaks, referrals, or other platform activities.

Rewards have no real-world monetary value, are not currency, securities, investments, or gambling-related items, and confer no financial benefits, guarantees, or promises of gain.
Rewards are provided solely for entertainment, motivation, and enhancement of your experience on the Platform.
Upon earning a Reward (and subject to these Terms, including continued compliance and no termination of your account), we grant you a limited, non-exclusive, non-transferable, non-sublicensable, personal, perpetual license (for as long as your account remains active and in good standing) to download and use that Reward for your personal or commercial purposes, including in client projects, designs, or professional work (e.g., incorporating downloadable Figma assets into client deliverables).
Multiple users may earn the same or substantially similar Rewards independently, and this license is non-exclusive — we may grant identical or similar licenses to others at any time.
The license is revocable by us upon termination of your account, for any violation of these Terms, or if required by law.
Certain Rewards (e.g., those tied to physical items or personalized perks like event travel) are non-transferable and non-assignable — they remain tied to the original account holder's name and cannot be transferred, reassigned, or used by another person or entity.
You may not:
- Sell, resell, trade, transfer, assign, sublicense, gift, rent, distribute, or otherwise commercialize or monetize any Reward (or any right to use it) as a standalone digital product, template pack, asset, or item (e.g., listing it for sale on marketplaces, bundling it as your own product, or offering it separately from your larger work).
- Sell, trade, or transfer your account (or any portion thereof) for the purpose of conveying Rewards to another user.
- Engage in any activity that treats Rewards as tradable assets, creates an external marketplace for them, or attempts to derive independent commercial value from them outside of their intended use in your own designs/projects.
Any prohibited activity will result in immediate forfeiture of all Rewards, permanent account suspension or termination, revocation of associated licenses, and potential legal action. We reserve the right to monitor and enforce these restrictions at our sole discretion.

Streaks and other progress indicators are motivational tools only and carry no independent value.

5. Community Guidelines & User Conduct

We aim to maintain a positive, constructive community. You agree not to post, upload, or engage in:

Hate speech, harassment, threats, discrimination, defamation, or abusive content.
Spam, scams, unauthorized advertising, or disruptive behavior.

We reserve the right to remove content, warn users, or suspend/terminate accounts at our sole discretion for violations.

Important: The community is user-driven. We act as a neutral platform provider and are not responsible or liable for any user interactions, communications, feedback, disputes, or harms (including emotional distress, mental health claims, defamation, or other injuries arising from another user's conduct or content). You participate in community features at your own risk and hereby release us from any related claims to the fullest extent permitted by law.

6. Live Events & Google Calendar Integration

Live events are provided as available. Integration with Google Calendar requires your authorization and is governed by Google's terms (see Section 11).

7. Payments & Subscriptions (Stripe)

Payments are processed exclusively by Stripe, our third-party provider. We do not collect or store sensitive payment information.

Subscriptions and fees are non-refundable except as expressly stated or required by law.
Refund Policy: Refunds are granted at our sole discretion. You may cancel subscriptions at any time via account settings; cancellation takes effect at the end of the current billing period (no prorated refunds unless legally required).
Recurring charges require your prior authorization.

See Stripe’s terms at https://stripe.com/legal. We are not liable for Stripe-related issues.

8. Disclaimers & No Warranties

THE SERVICES AND ALL CONTENT (INCLUDING REWARDS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant error-free operation, uninterrupted access, virus-free content, or specific outcomes beyond skill improvement through use.

We remain dedicated to addressing and resolving reported platform issues in a timely manner.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA LOSS, OR EMOTIONAL DISTRESS).
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM.
WE ARE NOT LIABLE FOR USER-GENERATED CONTENT, THIRD-PARTY ACTIONS, UNAUTHORIZED ACCESS, COMMUNITY INTERACTIONS, OR ANY USE (OR MISUSE) OF REWARDS.

10. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, losses, damages, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your User Content, your use/misuse of the Services or Rewards, or any prohibited commercialization or transfer activities.

11. Third-Party Services (Google, Apple, Stripe)

Google: Google Sign-In, Calendar, or other integrations are subject to the Google APIs Terms of Service and Google API Services User Data Policy.
Apple: iOS app use is also governed by Apple’s App Store terms and guidelines.
Stripe: As noted in Section 7.

We disclaim liability for third-party services.

12. Termination

We may suspend or terminate your access at any time for violations, with or without notice. You may delete your account at any time. Upon termination, your licenses to Rewards and other limited rights end immediately, and you must cease all use and delete any downloaded Rewards.

13. Changes to These Terms

We may update these Terms. Continued use after posted changes (with notice for material changes) constitutes acceptance.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflicts of law. Disputes shall be resolved exclusively in the state or federal courts located in Delaware.

15. Contact Us

DailyEnigma, LLC Email: main@everflamedesign.com

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