Terms of Use

Operated by: Utopian Design

Legal form: Eenmanszaak (Sole Proprietorship, Netherlands)

KVK number: 99611333

Email: hi@utopian.pro

Website: utopian.pro

Introduction & Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the website located at https://utopian.pro (the "Website"), operated by Utopian Design, a sole proprietorship registered in the Netherlands under KVK number 99611333 ("we", "us", "our", "the Company"). By accessing or using the Website, submitting a form, or otherwise interacting with our services, you ("you", "User") confirm that you have read, understood, and agreed to these Terms. You may use the Website only if you are at least 18 years old or have legal capacity under applicable law. We may revise or update these Terms from time to time to comply with operational, regulatory, or legal requirements. Changes will be reflected by updating the date above. Continued use of the Website after changes take effect constitutes acceptance of the updated Terms.

Description of Services

UTOPIAN.PRO provides digital product design services through its website. The Website offers information about Utopian Design's services, portfolio, career opportunities, and allows Users to contact the Company for inquiries or service requests. Design and delivery work can be carried out by our contractors operating from Ukraine.

Website Functionality

The Website presents information about our agency and enables Users to:

It includes:

• Browse informational and portfolio pages
• Obtain information about available services
• Submit project inquiries via the "Let's Talk" form
• Apply for career and collaboration opportunities

No Professional Advice

Any information on the Website is provided for general informational purposes only. It does not constitute business, legal, financial, or professional advice unless explicitly agreed in a written contract signed by an authorised representative of Utopian Design.

Pre-Contractual Discussions

All communications, proposals, presentations, and exchanges that take place before a formal written service contract is signed are non-binding in nature. No intellectual property is transferred, no work is commissioned, and neither party incurs obligations or liability during this pre-contractual phase. Either party may withdraw from discussions at any time without liability.

User Obligations & Prohibited Conduct

By using the Website, you agree to comply with these Terms and all applicable laws and regulations.

General User Responsibilities

You agree to:

• Provide accurate, complete, and lawful information when using forms
• Use the Website only for legitimate purposes
• Comply with applicable laws, including Dutch, EU, Ukrainian, and international regulations

Strictly Prohibited Conduct

You must not engage in any of the following:

Illegal or harmful activities

• Violating applicable laws, regulations, or third-party rights
• Using the Website to conduct fraud, scams, or malicious acts
• Interfering with user privacy or attempting unauthorized access

Security violations

• Introducing malware, viruses, bots, trojans, worms
• Attempting to bypass, disable, or interfere with technical measures
• Conducting penetration testing or scraping without permission

Misuse of content and intellectual property

• Copying, reproducing, modifying, or redistributing Website content without authorization
• Using trademarks, logos, or brand assets in a misleading manner

Automated usage or abusive behavior

• Using bots, crawlers, or scripts to collect data
• Overloading infrastructure or performing denial-of-service actions

Unacceptable submissions

• Submitting misleading information in contact or career forms
• Sharing unlawful, defamatory, obscene, hateful, or otherwise harmful content
• Impersonating another person or entity

We reserve the right to restrict access or take legal action in cases of misconduct.

Intellectual Property Rights

All content on the Website — including text, visuals, design assets, trademarks, brand identity elements, project presentations, and the selection and arrangement thereof — is owned by or licensed to Utopian Design.

Permitted Use

We grant you a limited, non-exclusive, non-transferable licence to access and view Website content solely for personal, non-commercial purposes.

Restrictions

You may not:

• Copy, reproduce, republish, or reuse materials without prior written consent
• Reverse-engineer or extract proprietary components
• Create derivative works without explicit written authorisation

Client Deliverables & IP Transfer

Intellectual property in design deliverables produced under a service contract transfers to the client upon receipt of full payment for those deliverables, as specified in the applicable contract. Until full payment is received, all IP remains the exclusive property of Utopian Design.

Unless otherwise agreed in writing, Utopian Design retains the right to display completed work in its portfolio, case studies, and marketing materials, including on the Website.

Website Use and Form Submissions

The use of the Website is entirely voluntary and is the sole responsibility of the User, provided that the User does not infringe upon the Company’s Intellectual Property Rights or otherwise cause harm to the Website. Through the Website, Users may: view the Company’s portfolio, obtain information about the Company and its Services, apply for positions within the Company, and order design services for their projects or products via the Website control panel.

Cases

The Cases section provides examples of UTOPIAN.PRO’s previous projects, including website and application designs. Users may also access detailed analyses of client projects, covering elements such as color schemes, logos, and overall design strategy.

Services

The Services section enables Users to gain a clear understanding of the Services offered by the Company and to select the Service that best meets their requirements.

Careers

The Careers section provides information on current vacancies, including job title, candidate requirements, responsibilities, and location. By completing the application form for collaboration with UTOPIAN.PRO, Users provide details such as desired work schedule, English language proficiency, expected salary, a cover letter, and a resume. Submission of this information constitutes consent to the processing of personal data, in accordance with UTOPIAN.PRO’s Privacy Policy .

By submitting a career form, you authorize us to:

• Review and store your application
• Contact you regarding potential opportunities

We may maintain your application for internal evaluation unless you request deletion.

Let’s Talk

Through the Let’s Talk section, Users may place an order for a project. The process involves selecting a project type (e.g., website, mobile application, e-commerce platform, landing page, interface, or others), specifying the project budget, and providing a description of the main tasks and ideas for the project. Users must also provide personal information to allow the Company to contact them. By completing the order form, Users consent to the processing of their personal data in accordance with UTOPIAN.PRO’s Privacy Policy . Upon submission, a UTOPIAN.PRO manager will contact the User and offer to formalize the agreement with a contract containing terms agreed individually.

Accuracy of Information

When submitting any form, you confirm that:

• The information is accurate and up-to-date
• You have the legal right to share all data submitted

Right to Rectification

You may request correction or updating of Your Personal Data if it is inaccurate, incomplete, outdated, or no longer relevant to the purpose for which it was collected.

Ownership of Submissions

You retain ownership of the information you submit but grant us a license to process and store it for the purposes of reviewing your request or application.

Payment Terms

Payment terms for specific engagements are governed by the applicable service contract. The following baseline principles apply in the absence of an agreed contract:

• A deposit or retainer may be required before design work commences, as communicated by the Company.
• Invoices are payable within 30 days of the invoice date unless otherwise agreed in writing.
• Late payment may result in suspension of work and accrual of statutory interest under Dutch law (Article 6:119a BW).
• Refunds for cancelled projects are subject to the terms of the individual service contract. Work completed prior to cancellation is billable.

Privacy, Data Use & Cookies

Your privacy is important to us. Please review our Privacy Policy , which explains how we collect, use, and protect your personal data when you use our Website and services.

Data Handling

We process personal data in accordance with:

• Dutch data protection law (UAVG) and the EU General Data Protection Regulation (GDPR, Regulation (EU) 2016/679);
• UTOPIAN.PRO’s Privacy Policy ;
• The Law of Ukraine "On Personal Data Protection" (01.06.2010), where applicable to our Ukrainian contractors

Cookies

The Website uses cookies to ensure optimal functionality and analytics. You may manage your cookie preferences via the consent banner displayed on the Website. Blocking certain cookies may affect Website functionality. For details, please see our Privacy Policy .

Third-Party Links & External Services

The Website may contain links to third-party platforms. We do not control or endorse these sites and are not responsible for their content, actions, or privacy practices. We encourage you to review the terms and privacy policies of any third-party sites you visit, including how they collect, use, and share your information. Third-party sites may set cookies, track activity, or request personal data, and their data practices and security measures may differ from ours. We are not responsible for such practices, and linking does not imply endorsement. If you have concerns about a third party's handling of your data, avoid submitting personal information to that site and contact us for assistance.

Disclaimers & Limitation of Liability

The Website is provided on an "as is" and "as available" basis without guarantees of uninterrupted operation. We disclaim all warranties, express or implied, regarding the Website's functionality, accuracy, or reliability, to the fullest extent permitted by Dutch law .

Limitation of Liability

To the fullest extent permitted by applicable law, Utopian Design's total liability to you for any claim arising from these Terms or your use of the Website shall not exceed the total fees paid by you to Utopian Design in the twelve (12) months preceding the event giving rise to the claim.

We shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of profits, loss of data, or business interruption.

This limitation does not apply in cases of gross negligence or wilful misconduct by Utopian Design, in which case liability is governed by mandatory provisions of Dutch law.

No Warranty of Accuracy

We do not warrant that content on the Website is accurate, complete, or up to date. Information provided on the Website, including portfolio descriptions, service details, and case studies, is for informational purposes only. Users rely on such content at their own risk and should independently verify any critical information before making business decisions. UTOPIAN.PRO shall not be liable for any inaccuracies, omissions, or errors in Website content.

Dispute Resolution, Governing Law & Termination

Before initiating any formal proceedings, the disputing party shall notify the other in writing. Both parties shall attempt in good faith to resolve the dispute within thirty (30) calendar days of that notice.

Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. Where services are delivered by contractors operating in Ukraine, Ukrainian law (including the Civil Code of Ukraine and the Law of Ukraine on Electronic Commerce) may apply as a secondary reference to operational matters, but Dutch law governs contractual disputes in all cases.

Jurisdiction

Any disputes arising from or in connection with these Terms that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the competent courts in the Netherlands. If you are a consumer resident in another EU Member State, you retain the right to bring proceedings before the courts of your country of residence under EU Regulation No 1215/2012 (Brussels Ia).

Force Majeure

Neither party shall be liable for failure or delay in performance caused by events beyond their reasonable control, including but not limited to: acts of war, armed conflict, military operations, martial law, acts of government or public authority, natural disasters, pandemics, or critical infrastructure failures. The affected party shall notify the other in writing within five (5) business days of the onset of such an event, describing its nature and expected duration. Affected obligations shall be suspended (not terminated) for the duration of the force majeure event. If the event persists for more than ninety (90) days, either party may terminate the affected engagement by written notice, without liability. This clause is particularly relevant to service delivery by our Ukraine-based contractors. We maintain business continuity measures to minimise disruption, but clients should be aware that armed conflict and martial law may affect delivery timelines.

Injunctive Relief

Nothing in this section prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction to protect intellectual property rights or confidential information.

Termination of Access

We may suspend or terminate your access to the Website at any time for violations of these Terms or for operational reasons. Provisions relating to intellectual property, limitation of liability, payment, and dispute resolution survive termination.

Contact Us

For inquiries about these Terms of Use, data handling practices, or to exercise your rights, please contact:

Eenmanszaak: KVK 99611333

Rennemigstraat 60, 6413BV Heerlen, Netherlands

Email: hi@utopian.pro

Website: utopian.pro

For full details about how we collect, use, and protect personal data, please review our Privacy Policy