Terms of Service

1. Acceptance of Terms

By accessing or using Formartly Studio's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Services.

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

2. Description of Services

Formartly Studio is a creative design studio offering:

• Graphic design and branding services
• Web design and digital experiences
• Photography and film production
• Creative direction and art direction
• Visual identity development
• Experiential and digital art

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

3. Use of Services

3.1 Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

3.2 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services in any way that could damage, disable, or impair our website or interfere with other users' access
• Attempt to gain unauthorized access to our systems or networks
• Collect or harvest any information from our Services through automated means
• Transmit any viruses, malware, or harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Use our Services for any fraudulent or malicious purposes

3.3 Account Responsibility

If you create an account or provide information through our Services, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.

4. Intellectual Property Rights

4.1 Our Content

All content on our website, including but not limited to text, graphics, logos, images, videos, designs, code, and software (collectively, "Content"), is the property of Formartly Studio or its content suppliers and is protected by intellectual property laws. Our Content is provided for your personal, non-commercial use only.

4.2 Restrictions

You may not:

• Copy, reproduce, distribute, or create derivative works from our Content without express written permission
• Remove or alter any copyright, trademark, or other proprietary notices
• Use our Content for commercial purposes without authorization
• Frame or mirror any part of our website without permission

4.3 Client Work

For commissioned work, intellectual property rights will be governed by separate written agreements between Formartly Studio and the client. Unless otherwise agreed in writing, Formartly Studio retains the right to use completed work in our portfolio, case studies, and promotional materials.

4.4 User Submissions

By submitting content, feedback, or ideas to us (through contact forms, emails, or otherwise), you grant Formartly Studio a non-exclusive, worldwide, royalty-free license to use, reproduce, and incorporate such submissions for any purpose, including improving our Services.

5. Project Engagement

5.1 Proposals and Contracts

All project work is subject to separate written agreements, proposals, or contracts that outline specific terms including scope, deliverables, timelines, fees, and payment terms. These Terms supplement but do not replace project-specific agreements.

5.2 Payment Terms

Payment terms will be specified in individual project agreements. Generally, we require a deposit before commencing work, with the balance due upon project completion or according to agreed milestones.

5.3 Revisions and Changes

The number of revisions and change request procedures will be outlined in project-specific agreements. Additional work beyond the agreed scope may incur additional fees.

6. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Formartly Studio. We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party sites or services.

You acknowledge and agree that Formartly Studio shall not be responsible or liable for any damage or loss caused by your use of third-party content, goods, or services.

7. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any errors in the Services will be corrected
• The Services will meet your specific requirements

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORMARTLY STUDIO, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Any other matter relating to the Services

Our total liability for any claims arising out of or relating to these Terms or the Services shall not exceed the amount you paid us in the twelve (12) months prior to the event giving rise to the liability, or one hundred dollars ($100), whichever is greater.

9. Indemnification

You agree to indemnify, defend, and hold harmless Formartly Studio and its officers, directors, employees, contractors, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms or your use of the Services.

10. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Services shall be resolved through good faith negotiations. If a dispute cannot be resolved through negotiation, it shall be subject to the exclusive jurisdiction of the courts of Kenya.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice before the new terms take effect by posting a notice on our website or sending you an email.

By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Services.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Formartly Studio regarding the Services.

13.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13.3 Severability

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

13.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.