Terms & Conditions
May 23, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between Mesmerized Studio, a company organized under the laws of the Netherlands ("Mesmerized Studio", "we", "us", or "our") and you, whether personally or on behalf of an entity ("Client", "you", or "your"), regarding your access and use of our website at mesmerized.studio ("Website") and our design services ("Services").
By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you are prohibited from using our Website and Services and must discontinue use immediately.
1. Intellectual Property & Ownership Rights
1.1 Your Content Ownership
All design work, original source files, and creative materials created by Mesmerized Studio specifically for Client ("Projects") shall be owned exclusively by Client. Client shall be the sole owner of all copyrights, trademarks, and other intellectual property rights in the Projects upon full payment of all fees.
1.2 Our Content Protection
Unless otherwise indicated, the Website, our proprietary design processes, methodologies, templates, and all content including but not limited to text, graphics, logos, images, software, and functionality ("Our Content") are owned by Mesmerized Studio and protected by Dutch and international copyright, trademark, and other intellectual property laws.
1.3 Client Materials Warranty
Client warrants that any materials provided to Mesmerized Studio (including examples, content, images, or other assets) are owned by Client or properly licensed, and do not infringe upon any third party's intellectual property rights.
1.4 Portfolio & Showcase Rights
Mesmerized Studio reserves the right to display Client's design work in our portfolio, website, social media, and marketing materials unless Client provides a signed Non-Disclosure Agreement (NDA) explicitly restricting such use.
2. Third-Party Licensing & Resources
2.1 Font Licensing
If any Project incorporates third-party fonts requiring commercial licenses ("Third-Party Fonts"), Mesmerized Studio will inform Client in writing. Client assumes full responsibility for purchasing necessary licenses and any consequences resulting from failure to obtain proper licensing.
2.2 Stock Content & Assets
Client is solely responsible for obtaining proper licenses for any stock photos, graphics, icons, or other third-party content used in their projects. While Mesmerized Studio may hold licenses for certain materials, these licenses are not transferable to Client unless explicitly stated in writing.
2.3 Software & Platform Licensing
Client must maintain valid licenses for any software, platforms, or services required to use, modify, or maintain their completed projects.
3. User Representations & Prohibited Activities
3.1 Client Representations
By using our Services, Client represents and warrants that:
Client has legal capacity to enter into this agreement
Client is not a minor under Dutch law (under 18) without proper parental consent
All information provided is accurate, complete, and current
Client will not use our Services for any illegal or unauthorized purposes
Client's use will not violate any applicable laws or regulations
3.2 Prohibited Activities
Client agrees not to:
Make unauthorized use of our Website or Services
Attempt to reverse engineer, decompile, or disassemble our proprietary methods
Use our Services to compete with Mesmerized Studio
Retrieve data for creating competing databases or directories
Interfere with, disrupt, or create undue burden on our systems
Upload viruses, malware, or other harmful code
Harass, intimidate, or threaten our team members
Circumvent security features or access restrictions
Use our Services for fraudulent or misleading purposes
Violate any intellectual property rights
Engage in any activity that could damage our reputation or business interests
4. Communication & Marketing
4.1 Electronic Communications
Client consents to receive communications from Mesmerized Studio via email, including project updates, invoices, legal notices, and service announcements. Client agrees that electronic communications satisfy any legal requirements for written communication.
4.2 Marketing Communications
By creating an account, Client consents to receive newsletters, marketing materials, and promotional communications. Client may opt out at any time using unsubscribe links or by contacting us directly.
4.3 Electronic Signatures
Client agrees to the use of electronic signatures, contracts, and records. Electronic delivery of agreements, invoices, and other documents is considered valid and legally binding.
5. Purchases & Payment Terms
5.1 Payment Information
To purchase Services, Client may be required to provide payment information including credit card details, billing address, and tax information. All payment information must be accurate and complete.
5.2 Pricing & Taxes
All prices are in Euros and exclude applicable Dutch VAT and other taxes, which will be added to invoices as required by law.
5.3 Payment Processing
Payments are processed through secure third-party payment processors. Mesmerized Studio does not store complete payment card information.
6. No Refunds Policy
6.1 No Refunds
Due to the creative and time-intensive nature of design work, Mesmerized Studio does not offer refunds once your subscription has started. We recommend trying the service for a month to see if it's the right fit for your needs.
6.2 Subscription Cancellation
While refunds are not available, Client may cancel their subscription at any time to prevent future billing. Cancellation does not entitle Client to a refund for the current billing period.
6.3 EU Consumer Rights Exception
For EU consumers, statutory rights under applicable consumer protection laws that cannot be waived by agreement remain in effect, including any mandatory cooling-off periods for distance contracts where applicable.
7. Client Feedback & Submissions
Any feedback, suggestions, ideas, or other submissions provided by Client ("Submissions") become the exclusive property of Mesmerized Studio. We may use Submissions for any lawful purpose without compensation, acknowledgment, or permission from Client. Client waives all claims regarding our use of Submissions.
8. Termination
8.1 Termination Rights
Either party may terminate the service relationship at any time. Mesmerized Studio reserves the right to immediately suspend or terminate Client's access for violations of these Terms, non-payment, or other breach of agreement.
8.2 Effect of Termination
Upon termination:
Client's right to use our Services immediately ceases
Client remains liable for all outstanding payments
Intellectual property ownership provisions survive termination
Client must cease using any proprietary Mesmerized Studio materials
9. Privacy & Data Protection (GDPR Compliance)
9.1 Data Processing
Our collection and processing of personal data is governed by our Privacy Policy and complies with the EU General Data Protection Regulation (GDPR) and Dutch data protection laws.
9.2 International Clients
For clients outside the EU, by using our Services, you consent to the transfer and processing of your data within the Netherlands and EU under GDPR protections.
9.3 Data Rights
EU residents have rights under GDPR including access, rectification, erasure, portability, and objection to processing. Contact us to exercise these rights.
9.4 Age Restrictions
Our Services are not directed to individuals under 16 years of age. We do not knowingly collect personal information from children under 16.
10. Website Availability & Technical Issues
10.1 Service Availability
Mesmerized Studio does not guarantee that our Website will be available 24/7 without interruption. Technical issues, maintenance, or circumstances beyond our control may cause temporary unavailability.
10.2 No Liability for Downtime
Client agrees that Mesmerized Studio is not liable for any losses, damages, or inconvenience caused by inability to access our Website or Services during interruptions.
11. Disclaimers
11.1 "As-Is" Service
Our Website and Services 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.
11.2 No Guarantees
We make no warranties about the accuracy, completeness, or reliability of our Website content, Services, or any linked third-party content. We assume no liability for errors, omissions, or inaccuracies.
11.3 Third-Party Links
Our Website may contain links to third-party websites. We have no control over and assume no responsibility for third-party content, privacy policies, or practices.
12. Limitation of Liability & Indemnification
12.1 Liability Limitations
To the maximum extent permitted by Dutch law, Mesmerized Studio and its directors, employees, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, revenue, data, or goodwill, arising from your use of our Services.
12.2 Maximum Liability
Our total liability for any claims related to these Terms or our Services shall not exceed the amount paid by Client to Mesmerized Studio in the 12 months preceding the claim.
12.3 Client Indemnification
Client agrees to defend, indemnify, and hold harmless Mesmerized Studio from any claims, damages, losses, costs, or expenses (including reasonable legal fees) arising from:
Client's use of our Services
Breach of these Terms
Violation of any third party's rights
Client's violation of applicable laws
Content or materials provided by Client
