Terms of service
Last updated: Dec 5, 2025
This Terms of Use Agreement ("Agreement") establishes a legally binding arrangement between Premonday and the client ("Client"), whether representing themselves or an entity, pertaining to the access and utilization of Premonday's website: https://premonday.com (the "Website") and any related media forms, channels, mobile websites, or mobile applications. If the Client does not agree to comply with these terms, the Client must immediately discontinue use of the Website. Any pre-existing financial obligations of the Client to Premonday for services rendered shall remain enforceable.
1. Services
Premonday provides both subscription based design services and ad-hoc project based services. The scope, deliverables, turnaround times, and limitations are defined on the Website, within the Client’s selected plan, or in written proposals or order confirmations. Development, hosting, advertising spend, marketing performance results, and third-party platform costs are excluded unless expressly stated in writing.
2. Intellectual Property Rights
The Website is the proprietary property of Premonday, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics ("Content"), as well as trademarks, service marks, and logos ("Marks"). These are protected by applicable intellectual property laws. The Content and Marks are provided solely for personal and informational use. No portion of the Website may be copied, reproduced, republished, or exploited for commercial purposes without Premonday’s express written consent.
3. Intellectual Property Ownership of Client Work
Where the Client has prepaid in full for services, full ownership of the final approved deliverables created specifically for the Client shall transfer to the Client immediately upon commencement of work, OR, Upon full and final payment, the Client is granted full ownership of the final approved deliverables created specifically for the Client.
If any refund, whether full or partial, is processed at any time for any reason, all intellectual property rights in the refunded work shall automatically and immediately revert to Premonday, and the Client shall have no further right to use, reproduce, distribute, or exploit such work.
Premonday retains ownership of all drafts, concepts, working files, internal production material, proprietary systems, templates, UI kits, components, workflows, automations, code libraries, and methodologies used to produce the work.
Premonday is granted a perpetual, non-exclusive, royalty-free right to display final work for portfolio, marketing, and case study purposes unless a written NDA states otherwise.
Any third-party assets remain subject to their original licenses.
Supremacy of Terms of Service: By participating in the Premonday Design Partner program, the Client acknowledges and agrees that these Terms of Service constitute the entire agreement between the Client and Premonday concerning the Design Partner services. These Terms of Service supersede any prior or contemporaneous agreements, including but not limited to Non-Disclosure Agreements (NDAs), verbal agreements, or written contracts. In the event of any conflict between these Terms of Service and any other agreement, the Terms of Service shall prevail and control the relationship between the parties.
4. Third-Party Fonts
In instances where a Project necessitates fonts not owned by Premonday, and these fonts require commercial licenses for lawful reproduction, distribution, or public display ("Third-Party Fonts"), Premonday will duly inform the Client through written communication. The Client is thereby notified of the integration of one or more Third-Party Fonts into the Project, and it becomes the Client's responsibility to procure the requisite licenses from the proprietors of the aforementioned fonts.
This notice shall encompass information adequate for the Client to identify the mandated licenses and facilitate contact with the appropriate licensors for their acquisition. As long as Premonday discharges its responsibility of informing the Client regarding the incorporation of Third-Party Fonts as delineated above, any consequences stemming from the Client's failure to secure the essential licenses rest solely with the Client. In cases where the fonts in question are already part of the Client's assets, recommended for use by the Client, or directly provided by the Client, it is understood that the Client already holds, or bears the responsibility to obtain, the necessary licenses for lawful use of these fonts.
Premonday's obligation to inform the Client regarding Third-Party Fonts does not extend to fonts that fall under these categories. Consequently, any legal ramifications arising from the use of such fonts without appropriate licensing will be the responsibility of the Client.
5. Design Partner Service
The Premonday Design Partner service is a subscription based service and not a credit system. The subscription continues unless paused or cancelled. If a pause is requested while work is in progress, the work will be halted until the subscription resumes.
5.1 Pausing
A pause request made before 19:00 BST will be treated as effective the same day. Remaining days will be stored until resumption.
6. Payments and Billing
Subscription fees are billed monthly in advance unless otherwise agreed in writing. Ad-hoc services are billed per project, phase, or milestone as stated in the proposal or invoice. Failure to pay may result in immediate suspension of services. All prices are exclusive of VAT unless stated otherwise. Chargebacks or payment disputes immediately suspend all services until resolved.
7. Subscription Termination and Effect of Termination
Either party may terminate a subscription before the next billing cycle. Upon termination:
All outstanding fees become immediately payable
Work in progress is paused
Final deliverables are released only after full settlement
Access to tools, queues, and communication channels may be revoked
Unused subscription time does not roll forward after termination unless explicitly agreed.
8. User Representations
The Client represents that they have the legal capacity to agree to these Terms, are not a minor, will not use automated means to access the Website, will not use the Website for unlawful purposes, and will comply with all applicable laws.
By accessing and utilizing the Website, the Client affirms and guarantees the following:
The Client possesses the legal capacity and commits to adhering to these Terms of Use.
The Client is not a minor within their domicile jurisdiction.
The Client shall not employ automated or non-human means to access the Website.
The Client shall refrain from employing the Website for any illegal or unauthorized purposes.
The Client's utilization of the Website shall not contravene any applicable laws or regulations.
9. Prohibited Activities
Client's use of the Premonday Website must align with its intended purpose. The Website is to be utilized solely for activities related to the services provided by Premonday. Client agrees to refrain from the following actions: Unauthorized use of the Website; Extracting data or content to create a database or directory; Disabling or circumventing security features; Unauthorized framing or linking; Deceptive or fraudulent actions towards Premonday or others; Disrupting the Website's functionality or Premonday's networks; Using the Website for competitive purposes; Attempting to reverse engineer the Website's software; Bypassing access measures; Harassing or threatening Premonday's personnel; Removing copyright notices; Uploading or transmitting viruses or disruptive content; Posting mechanisms for unauthorized data collection or transmission; Harming Premonday's reputation; Using the Website in violation of applicable laws.
10. Client Responsibilities
The Client agrees to provide accurate materials, confirm lawful ownership of supplied content, provide feedback in a timely manner, and accept that delays caused by late feedback do not constitute breach by Premonday.
11. Revisions and Scope Control
Subscription plans include a limited number of active tasks and revisions as stated on the Website. Ad-hoc services include only the revisions specified in the proposal. Out-of-scope requests may incur additional fees and extended timelines.
12. Client Feedback
Client acknowledges that any feedback or submission (a "Submission") becomes the exclusive property of Premonday. Premonday has the right to use and disseminate Submissions without obligation of confidentiality. While ownership of certain rights is granted to Client as outlined in Paragraph 2 ("Ownership of Materials"), Premonday holds sole and unrestricted ownership of Submissions. Client waives claims against Premonday for using Submissions as outlined in these terms.
13. Management and Oversight
Premonday retains the right to monitor the Website for compliance with these Terms of Use and take legal action in response to violations. Premonday may restrict or deny access to the Website at its discretion. Decisions related to Website management are solely Premonday's and aim to protect its rights and assets.
14. Privacy Policy and Data Protection
Premonday acts as a data processor for Client data and a data controller for its own business operations. Data is processed solely for service delivery, billing, and communication. Clients confirm lawful authority to submit any personal data. Premonday may use reputable third-party subprocessors.
15. Returns and Refunds
Refunds are granted at Premonday’s discretion. If a refund is approved within the first month, all produced materials remain owned by Premonday and may not be used by the Client. A 20 percent fee applies to remaining billable periods.
16. Third-Party Platforms and Tools
Premonday may rely on third-party platforms and tools. Premonday is not responsible for outages, pricing changes, data loss, or service failures caused by third-party platforms.
17. Modification
Premonday retains the right to modify, alter, amend, or remove any content on the Premonday Website at its sole discretion. This includes the ability to change or discontinue any part of the Website without prior notice and without incurring liability to the Client.
18. Connection Interruptions
Premonday cannot guarantee uninterrupted availability of the Website. Technical issues related to hardware, software, or other factors beyond Premonday's control may lead to interruptions, delays, or errors. The Client acknowledges that Premonday will not be held responsible for any loss, damage, or inconvenience caused by the Client's inability to access or use the Website during any connection or service interruptions.
19. Disclaimer
The Website and services are provided on an as-is basis without warranties of any kind. Premonday disclaims all implied warranties and is not responsible for losses arising from Website use.
20. Limitation of Liability
Premonday’s total cumulative liability for any claim, whether in contract, tort, negligence, or otherwise, shall not exceed the total fees paid by the Client to Premonday in the three months preceding the claim.
21. Limitations of Liability and Indemnification
Premonday and its directors, employees, members, independent contractors, or agents shall not be held liable to the Client or any third party for direct, indirect, consequential, incidental, special, or punitive damages. This includes losses such as lost profits, lost revenue, lost data, attorneys' fees, court costs, fines, or other damages resulting from the Client's use of the Premonday Website.
The Client agrees to indemnify, defend, and hold harmless Premonday, its subsidiaries, affiliates, officers, members, agents, partners, employees, and independent contractors against any claims, liabilities, losses, or demands, including reasonable attorneys' fees and expenses, arising from: (1) Website use; (2) breach of these Terms of Use; (3) breach of Client's representations and warranties; (4) violation of third-party rights, including intellectual property rights. Premonday retains the right, at the Client's expense, to take control and defend any matter for which the Client is required to indemnify Premonday. The Client agrees to cooperate with the defense of such claims.
22. User Data
The responsibility for all data transmitted or related to any activity undertaken by the Client on the Premonday Website lies solely with the Client. Premonday is not liable to the Client for any loss or corruption of such data. The Client waives any right to take action against Premonday for any loss or corruption.
23. Electronic Communications, Transactions, and Signatures
The Client consents to receive electronic communications from Premonday and acknowledges that agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement for written communication. The Client agrees to the use of electronic signatures, contracts, orders, and records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by Premonday or through the Website. The Client waives any rights or requirements under laws that demand original signatures or non-electronic records.
24. Showcasing Design Work
Premonday may display completed work unless otherwise restricted by a written NDA.
25. Contract Hierarchy
These Terms govern all Website use, subscriptions, and ad-hoc services unless a written Master Service Agreement exists. In case of conflict, priority is:
Master Service Agreement
Written proposals or order confirmations
These Terms
NDAs do not override payment, IP, or liability terms unless explicitly stated.
26. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.
27. Miscellaneous
These Terms constitute the entire agreement. If any provision is unenforceable, the remaining provisions remain valid. No partnership or agency is created.
