Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Fleetiqo LLC, doing business as Studio Creative ("Studio Creative," "we," "us," or "our"), concerning your access to and use of the studiocreative.us website and our services.

By accessing or using our Website or services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

Studio Creative is operated by Fleetiqo LLC, a Delaware limited liability company with its principal place of business at Ste #5, 1130 Ogletown Road, Newark, DE 19711.

2. Services

Studio Creative provides digital services including but not limited to:

• Website design and development
• Mobile application development (iOS and Android)
• E-commerce solutions
• Content Management System (CMS) implementation
• Digital branding and design services
• Web hosting and maintenance
• Consulting and technical support

The specific scope, deliverables, timeline, and pricing for services will be outlined in a separate written agreement, proposal, or statement of work ("SOW") between you and Studio Creative.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

4. Account Registration

Some services may require you to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

5. Payment Terms

Payment terms, including fees, deposit requirements, and payment schedules, will be specified in your Statement of Work (SOW) or invoice. All fees are exclusive of applicable federal, state, local, or foreign taxes, levies, or duties. You are responsible for paying all such taxes except those based on our net income.

We accept payment via credit card, debit card, bank transfer, and other methods as specified in your invoice. All payments are processed securely through third-party payment processors.

6. Project Scope and Changes

The scope of work will be defined in your SOW. Any changes to the scope, timeline, or deliverables must be agreed upon in writing and may result in additional fees.

We will make reasonable efforts to accommodate change requests, but we reserve the right to decline changes that significantly impact project timelines or resources.

Additional revisions beyond those specified in the SOW may incur additional charges at our standard hourly rate or as otherwise agreed.

7. Client Responsibilities

To ensure timely and successful project completion, you agree to:

• Provide timely feedback and approvals as requested
• Supply all necessary content, materials, and access credentials
• Ensure all provided content is accurate, legal, and properly licensed
• Respond to communications within reasonable timeframes
• Make timely payments as specified

Delays caused by failure to meet these responsibilities may result in project timeline extensions and potential additional fees.

8. Intellectual Property Rights

8.1 Client Content

You retain all rights to content, materials, and intellectual property you provide to us ("Client Content"). By providing Client Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Client Content solely for the purpose of providing services to you.

8.2 Deliverables

Upon full payment of all fees, you will own the final deliverables created specifically for you as outlined in the SOW. This ownership is subject to:

• Full payment of all invoices
• Compliance with these Terms
• Third-party licenses and components (see below)

8.3 Third-Party Components

Deliverables may include third-party software, libraries, frameworks, fonts, stock images, or other components subject to their own licenses. You are responsible for complying with all applicable third-party licenses.

8.4 Studio Creative Property

We retain all rights to:

• Our pre-existing intellectual property, tools, and methodologies
• General knowledge and skills gained during the project
• The right to use the project in our portfolio and marketing materials

9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our relationship. This obligation survives termination of the agreement.

Confidential information does not include information that: (a) is or becomes publicly available through no breach of this agreement; (b) was rightfully in the receiving party's possession before disclosure; (c) is independently developed; or (d) is rightfully obtained from a third party.

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• Deliverables will substantially conform to the specifications in the SOW
• We have the right to provide the services and deliverables

10.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES AND DELIVERABLES 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, AND NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, or completely secure. We are not responsible for delays, failures, or problems caused by circumstances beyond our reasonable control.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STUDIO CREATIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $1,000, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Studio Creative and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) any Client Content you provide.

13. Termination

13.1 Termination by Either Party

Either party may terminate a project or service agreement with written notice if:

• The other party materially breaches these Terms and fails to cure within 15 days of notice
• The other party becomes insolvent or files for bankruptcy

13.2 Effect of Termination

Upon termination:

• You must pay for all work completed up to the termination date
• We will deliver all completed work upon receipt of payment
• Work in progress remains our property until paid for
• Provisions that by their nature should survive termination will survive

13.3 Refund and Cancellation Policy

All sales are final. No refunds or cancellations will be provided once:

• Work has commenced on your project, or
• Any deliverables have been provided to you

By engaging our services, you acknowledge and agree to this no-refund policy.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at hello@studiocreative.us to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations for at least 30 days.

14.2 Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Delaware, and judgment on the award may be entered in any court having jurisdiction.

14.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware, and you consent to personal jurisdiction in such courts.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any SOW or other written agreement, constitute the entire agreement between you and Studio Creative regarding our services and supersede all prior agreements and understandings.

16.2 Amendments

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 and updating the "Last Updated" date. Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.

16.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.5 Assignment

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

16.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17. Contact Information

If you have any questions about these Terms, please contact us: