TERMS OF
SERVICE

1. Acceptance of Terms

Welcome to IDENTITY ("we," "us," or "our"). By accessing or using our website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and IDENTITY governing your use of our website, design services, consulting, and all related products and services (collectively, the "Services").

2. Description of Services

IDENTITY provides brand identity design, website design, SEO services, digital marketing, and related consulting services (the "Services"). The specific scope of Services will be outlined in a separate Statement of Work ("SOW") or project agreement.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

3. User Obligations

By using our Services, you agree to:

• Provide accurate, current, and complete information as required
• Maintain the security of your account credentials
• Notify us promptly of any unauthorized use
• Comply with all applicable laws and regulations
• Not use our Services for any unlawful or prohibited purpose
• Not interfere with or disrupt the integrity or performance of our Services
• Not attempt to gain unauthorized access to any systems or networks

4. Intellectual Property Rights

Your Content

You retain all ownership rights to content, materials, and information you provide to us ("Your Content"). By submitting Your Content, you grant us a limited license to use it solely for the purpose of providing our Services to you.

Our Work

Upon full payment, you will own the final deliverables created specifically for you as outlined in the applicable SOW. We retain ownership of:

• Preliminary concepts, sketches, and draft materials
• Stock photos, fonts, and third-party assets
• Our proprietary design tools, processes, and methodologies
• Pre-existing materials and portfolio pieces

Portfolio Rights

We reserve the right to display completed work in our portfolio, social media, marketing materials, and promotional activities unless otherwise agreed in writing.

5. Payment Terms

Payment terms will be outlined in the applicable SOW or project agreement. Standard payment terms include:

• Project Initiation: A non-refundable deposit of 50% is required to begin work
• Final Payment: Remaining balance is due upon project completion and before final deliverables are provided
• Late Payments: A fee of 1.5% per month may be applied to overdue balances

All fees are quoted in US Dollars unless otherwise specified. You are responsible for all taxes, duties, and other governmental charges.

6. Revisions and Changes

The number of revision rounds included in your project will be specified in the SOW. Additional revisions beyond the included amount may be subject to additional fees.

Once you approve a design or deliverable in writing, subsequent changes may be treated as new work and billed accordingly.

7. Project Timeline

Project timelines will be established in the SOW. Timelines assume timely receipt of:

• Initial project deposit and signed agreement
• Required content, materials, and feedback
• Approval of milestones and deliverables

Delays caused by you may result in adjusted timelines. We reserve the right to charge additional fees for extended project timelines due to client delays exceeding 30 days.

8. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information received during the course of the engagement. This includes:

• Business strategies, plans, and financial information
• Customer lists and contact information
• Trade secrets and proprietary processes
• Technical data and specifications

This confidentiality obligation survives termination of the agreement for a period of 3 years.

9. Warranties and Disclaimers

We warrant that:

• Services will be performed professionally and with reasonable skill and care
• We have the right to enter into this agreement
• Our deliverables will be original or properly licensed

EXCEPT AS EXPRESSLY SET FORTH HEREIN, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee specific results, including but not limited to increased revenue, website traffic, or search rankings.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IDENTITY BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES EXCEEDING THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM

Our liability is limited regardless of the form of action, whether in contract, tort, or otherwise.

11. Termination

Either party may terminate this agreement with 30 days written notice. Upon termination:

• You will pay for all work completed up to the termination date
• We will deliver all completed work upon receipt of final payment
• Both parties will return or destroy confidential information
• Deposits are non-refundable

12. Indemnification

You agree to indemnify, defend, and hold harmless IDENTITY and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your use of our Services, or your violation of any third-party rights.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of New York County, New York.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a revised "Last updated" date.

Your continued use of our Services after such modifications constitutes your acceptance of the revised Terms.