These Terms of Service ("Terms") govern your access to and use of the website at thetrueformcreative.com and the services provided by TrueForm Creative LLC ("TrueForm Creative," "we," "us," or "our"). By using our website or engaging our services, you agree to these Terms.
1. Who we are
TrueForm Creative is a design and development studio offering website and application design and development, and related product and brand design services. We are also the maker of DitchList and other products we build in-house.
2. Services
We provide creative and technical services as described on this website and in any written proposal, statement of work, or order form agreed between you and us (each, a "Project"). The specific scope, deliverables, timeline, and fees for a Project are set out in that written agreement, which forms part of these Terms.
3. Proposals, quotes, and payment
Pricing shown on this website is a starting point and is not a binding quote. We provide a written quote before work begins. Unless a Project agreement says otherwise:
- A deposit may be required before work starts, and remaining fees are invoiced as set out in the Project agreement.
- Invoices are due within the period stated on the invoice. Late payments may pause work until the account is current.
- Payments are processed by third-party payment providers such as Stripe. By paying, you also agree to the applicable provider’s terms.
4. Your responsibilities
You agree to:
- Provide accurate information and the content, assets, and access we reasonably need to deliver the Project;
- Review deliverables and provide timely feedback so we can keep to the schedule; and
- Ensure that any materials you supply do not infringe the rights of others and comply with applicable law.
5. Revisions and scope changes
Each Project includes the rounds of revision stated in its agreement. Work that is materially different from, or in addition to, the agreed scope is a change that may require an adjusted timeline and fee, which we will confirm in writing before proceeding.
6. Intellectual property
Unless a Project agreement states otherwise, ownership of final, paid-for deliverables transfers to you once we have received full payment for the relevant Project. Until then, all work remains our property. We retain ownership of our pre-existing tools, libraries, know-how, and any third-party or open-source components (which remain subject to their own licenses). We may display non-confidential work in our portfolio unless you ask us in writing not to.
7. Third-party services
Projects may rely on third-party services (for example hosting, analytics, payment processing, and app stores). Those services are governed by their own terms, and we are not responsible for their availability, performance, or policies.
8. Warranties and disclaimers
We perform our services with reasonable skill and care. Except as expressly stated, our website and services are provided "as is" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
9. Limitation of liability
To the fullest extent permitted by law, TrueForm Creative will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our total liability arising out of or relating to a Project will not exceed the fees you paid us for that Project.
10. Termination
Either party may terminate a Project as set out in its agreement. Cancellation and refund terms are described in our Refund Policy. On termination, you agree to pay for all work performed up to the termination date.
11. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the website or our services after changes take effect means you accept the updated Terms.
12. Governing law
These Terms are governed by the laws of the State of Utah, United States, without regard to its conflict-of-laws rules. Any dispute will be handled in the courts located in Utah, unless applicable law requires otherwise.
13. Contact
Questions about these Terms? Email us at hello@thetrueformcreative.com.