TERMS AND CONDITIONS

1. Agreement to These Terms

By accessing this website, submitting an inquiry, booking a service, purchasing a digital product, or paying an invoice or payment link connected to The Lifted Creative Studio (also referred to as “Studio,” “we,” “us,” “our”), you agree to these Terms and Conditions (the “Terms”). If you do not agree, do not use the website or purchase from the Studio.

2. Who We Are

The Lifted Creative Studio provides creative services and digital products, including branding, creative direction, design, and content related deliverables, as well as educational resources and templates.

3. Changes to These Terms

We may update these Terms at any time. Your continued use of the website after changes means you accept the updated Terms.

4. Privacy

Your use of the website is also subject to our Privacy Policy at: [link to your privacy policy]. You agree that we can collect and use information as described there.

5. Purchases, Payments, and Payment Processing

All purchases are subject to availability and acceptance by the Studio. We may refuse or cancel an order or booking for any reason permitted by law, including suspected fraud, policy violations, abuse, or operational constraints.

Payments may be processed through third-party payment processors (for example, Stripe). You authorize us and our payment processors to charge the payment method you provide for the amounts shown at checkout, in an invoice, or on a payment link, including applicable taxes where required.

You are responsible for:

  • Providing accurate billing information

  • Maintaining a valid payment method

  • Any fees your bank or card issuer charges you

6. No Chargebacks or Payment Reversals

If you have a question or concern about a charge, you agree to contact us first at [your email] and allow a reasonable opportunity to resolve the issue.

To the extent permitted by law, you agree not to file a chargeback or payment dispute for services that have been delivered, work that has begun, or time that has been reserved, including discovery, onboarding, strategy, creative direction, drafts, or production work.

If a chargeback or dispute is initiated, we reserve the right to:

  • Immediately pause all work and revoke access to deliverables, files, portals, or downloads until resolved

  • Provide documentation to the payment processor showing the scope, communications, and delivery status

  • Require future payments by bank transfer only (where permitted)

7. Digital Products, Downloads, and Templates

If you purchase a digital product (including templates, guides, files, toolkits, or other downloadable materials), you receive a limited, non-transferable, non-exclusive license for your internal business use only, unless the product listing states otherwise.

You may not:

  • Share, resell, sublicense, reproduce, or redistribute the product

  • Post it publicly, upload it to shared drives for non-purchasers, or share access links

  • Remove watermarks, copyright notices, or branding

All digital products are delivered electronically. You are responsible for ensuring you can access the file type provided.

Digital product refunds: Due to the nature of digital delivery, all digital product sales are final unless required otherwise by law, or unless the product listing includes an express refund guarantee.

8. Client Services and Separate Services Agreement

If you purchase or book client services (for example, branding, design, creative direction, or content support), your project will also be governed by a separate written Services Agreement, proposal, scope of work, or service-specific terms.

If there is any conflict between these website Terms and your signed Services Agreement, the signed Services Agreement controls for that project.

9. Booking, Scheduling, and Communication Standards

If your purchase includes scheduled calls, sessions, or meetings:

  • You are responsible for attending on time and joining from a reliable connection

  • Late arrivals may reduce your session time and do not require rescheduling

  • No-shows may be treated as forfeited sessions, unless your Services Agreement states otherwise

If your project requires questionnaires, assets, approvals, or feedback, you agree to provide them within the requested timeframes. Delays caused by missing inputs, late feedback, or incomplete materials can extend timelines and may require rescheduling based on Studio availability.

10. Subscriptions and Recurring Services

If you enroll in a recurring monthly service (for example, ongoing brand and content support):

  • You authorize recurring billing in advance on the schedule shown at purchase

  • You may cancel future billing by providing written notice at [your email] at least [X] days before your next billing date (choose 7 or 14 days and stick to it)

  • Fees are not prorated unless required by law or explicitly stated in writing

  • If a payment fails, services may pause until payment is successfully processed

We may pause or terminate recurring services for non-payment, repeated late payments, policy violations, or abusive behavior.

11. Intellectual Property and Site Content

All website content, including text, designs, graphics, templates, downloads, and branding elements, is owned by The Lifted Creative Studio or licensed to us, and is protected by intellectual property laws.

You may not copy, reproduce, modify, distribute, or create derivative works from our content without written permission.

12. Client Content and Permissions

If you submit content to us (including logos, photos, brand assets, copy, or other materials), you represent that:

  • You own it or have the legal right to use it

  • Providing it to us does not violate any third-party rights

You grant us permission to use your submitted content solely for the purpose of providing services, delivering products, and performing contracted work.

13. Portfolio, Showcasing, and Public Credit

Unless we agree otherwise in writing, you grant The Lifted Creative Studio permission to display completed work for portfolio use, case studies, social media, and marketing. If your project is confidential, you must notify us in writing before work begins so we can document the restriction.

14. Testimonials and Results

If you provide a testimonial, review, direct message, email feedback, or public endorsement, you grant us permission to use it for marketing, with reasonable edits for clarity and length, and with attribution (name, business name, and platform) unless you request anonymity in writing.

We do not guarantee specific outcomes from branding, design, creative direction, or content related services. Your results depend on many factors outside our control, including your offer, pricing, sales process, implementation, audience, consistency, and market conditions.

15. Prohibited Use

You agree not to use the website or any Studio products or services:

  • For unlawful purposes

  • To infringe intellectual property rights

  • To harass, abuse, or threaten others

  • To submit false information, impersonate someone, or misrepresent your identity

  • To attempt to gain unauthorized access to systems, files, or accounts

  • To distribute malware, spam, or harmful content

We may restrict or terminate access if we believe you violated these Terms.

16. Third-Party Links

This website may contain links to third-party websites, tools, or resources. We are not responsible for third-party content, policies, availability, or performance.

17. Disclaimer of Warranties

The website, products, and services are provided “as is” and “as available,” to the fullest extent permitted by law. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the website will be uninterrupted, secure, error-free, or free from viruses or harmful components.

18. Limitation of Liability

To the fullest extent permitted by law, The Lifted Creative Studio will not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption.

To the fullest extent permitted by law, our total liability for any claim related to the website, products, or services will not exceed the amount you paid to the Studio for the specific purchase giving rise to the claim.

19. Indemnification

You agree to indemnify and hold harmless The Lifted Creative Studio from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from your breach of these Terms, your misuse of products or deliverables, your violation of laws, or your violation of third-party rights.

20. Governing Law and Venue

These Terms are governed by the laws of the State of Utah, without regard to conflict of laws rules. Any dispute will be brought in state or federal courts located in Utah, and you consent to jurisdiction and venue there.

21. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

22. Contact

Questions about these Terms can be sent to:
Email: contact@theliftedcreative.com
Business name: The Lifted Creative Studio