Terms & Conditions

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.

2.1 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.

3.1 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

4.1 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.

5.1 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.

6.1 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.

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.

8.1 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

9.1 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.

10.1 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.

11.1 "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.

12.1 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

Mesmerized Studio is not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, pandemics, or other unforeseeable events.

14.1 Dutch Law

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes arising from these Terms or our Services shall be resolved exclusively in the competent courts of the Netherlands. Both parties consent to the personal jurisdiction of Dutch courts.

14.3 EU Consumer Rights

Nothing in these Terms affects the statutory rights of EU consumers that cannot be waived by agreement.

15.1 Modifications

Mesmerized Studio reserves the right to modify these Terms at any time. Updated Terms will be posted on our Website with a new "Last updated" date. Continued use of our Services constitutes acceptance of modified Terms.

15.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.

15.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the complete agreement between Client and Mesmerized Studio regarding our Services.

For questions about these Terms, please contact us at:

These Terms of Service are designed to comply with Dutch law and EU regulations including GDPR. By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.