Welcome to www.makemeunicorn.com (the “Site”). These Terms & Conditions (“Terms”) govern your access to and use of the services provided by MakeMeUnicorn (“we,” “us,” “our”) through the Site, and the relationship between you and us. By accessing or using the Site or any services offered through it, you agree to be bound by these Terms.
PLEASE READ CAREFULLY.
“Client” or “you” means the individual or entity accessing or using our services.
“Service(s)” means the design services, including but not limited to creation of visual designs, templates, custom artwork, branding, delivered by us via the Site.
“Work” means the deliverables we provide to you under an agreement.
“Revisions” means the number of modifications permitted after initial delivery of the Work as set out in our service agreement.
“Upfront Payment” means full payment by the Client to us prior to us beginning the Work.
“Refund-Eligible Event” means the Client requests a refund under the conditions specified in Section 5.
We agree to provide the Service(s) to the Client in accordance with the description provided on the Site or in our written service agreement. The Client acknowledges that all Services are subject to provision of accurate information by the Client and that any delay or failure to provide such information may delay delivery of the Work.
The Client shall pay the full amount (“Upfront Payment”) for the Services before we commence the Work.
Once payment is accepted and we begin work, the Upfront Payment is non-refundable except in the specific circumstance described in Section 5 below.
By making payment you acknowledge and accept that you are obligated to pay the fee in accordance with this agreement.
We will deliver the Work by the deadline specified in the service agreement or otherwise agreed in writing.
After delivery of the initial Work, the Client may request Revisions in accordance with the number and scope of revisions we have agreed.
After the permitted number of Revisions has been used up, further changes will be subject to additional fees.
Once Revisions have been requested and accepted by you (or the permitted revision limit has been reached), no refund will be available (see Section 5).
Because we begin work immediately upon receipt of the Upfront Payment, refunds are only available if the Client does not like the design at the stage prior to any Revisions being requested-i.e., the Client receives the initial deliverable and is dissatisfied and requests a refund before requesting any Revisions.
If the Client requests a refund under that condition, we will refund the Upfront Payment (less any transaction/processing fees we incurred) within a reasonable timeframe.
Once the Client has requested one or more Revisions, the right to refund is forfeited. After the first revision request, no refund is available, and the Client agrees to proceed with the Work (and pay any additional fees for further changes if applicable).
Further, no refund is available for “change of mind” once work has begun or after the revision stage.
We reserve the right to refuse a refund if the Client has not complied with the service requirements (e.g., failed to provide required materials, delayed feedback unreasonably, or otherwise prevented completion of the Work).
Upon full payment of the Upfront Payment and completion of the Services (including any permitted Revisions), we assign to the Client all intellectual property rights in the final Work, insofar as we are able to do so.
We retain the right to display the Work in our portfolio, website, marketing materials, unless otherwise agreed in writing.
The Client warrants that any materials (text, images, logos) provided to us for inclusion in the Work are owned by or licensed to the Client, and the Client indemnifies us against any claims arising from use of such materials.
The Client shall provide us with all necessary information, materials, and feedback in a timely manner.
The Client shall review deliverables and provide feedback within the timeframes set out in the service agreement. Failure to do so may result in delays or forfeiture of revision rights.
The Client acknowledges that design involves subjective judgment and that we do not guarantee any particular outcome (e.g., specific sales figures, viral exposure).
To the maximum extent permitted by law, our total liability under or in connection with these Terms shall be limited to the amount of the Upfront Payment paid by the Client.
In no event shall we be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data, or business opportunity, even if we have been advised of the possibility of such damages.
Either party may terminate the service agreement if the other party is in material breach of its obligations and fails to remedy such breach within 14 days of receipt of written notice.
Upon termination by the Client before we have commenced work, we will refund the Upfront Payment in full (less any costs already incurred) if we agree to terminate.
If termination occurs after we have commenced work, no refund will be available (except if otherwise agreed under Section 5).
We reserve the right to modify these Terms at any time by posting a revised version on the Site. The new Terms will take effect at the time they are posted. Your continued use of our Services after such posting constitutes your acceptance of the revised Terms.
These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction – e.g., State of [State], Country]. Any dispute arising under or in connection with these Terms shall be resolved by [mediation/arbitration] in [City, Country] unless otherwise agreed.
If any provision of these Terms is held invalid or unenforceable, the remainder shall remain in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of it.
These Terms, together with the service agreement (if any) and any other documents expressly incorporated by reference, constitute the entire agreement between you and us regarding the Services, superseding any prior oral or written communications.
If you have any questions about these Terms or the Services, please contact us at:
Email: hello@makemeunicorn.com
Address: 5900 BALCONES DRIVE STE 100, AUSTIN, TX 78731, United States
Phone: +1 (409) 995-1717
