Terms of Service
Acceptance of Terms
By accessing this website, booking a call, or purchasing any service from OPX Studio ("we", "us", "our"), you ("Client") agree to be bound by these Terms of Service. If you do not agree to these Terms, do not use our services.
We reserve the right to update these Terms at any time. Continued use of our services after changes constitutes acceptance of the revised Terms.
Services
OPX Studio provides custom web design and development services for local businesses. Services are described at the time of purchase and may include, but are not limited to:
- Custom website design and development
- Mobile-responsive build
- Discovery calls and project consultation
- Design revisions as specified per package
- Website launch assistance
All service deliverables, timelines, and scope are agreed upon during or before the discovery call. Any work outside the agreed scope may be subject to additional charges.
Payment Terms
All payments are due in full before work begins. OPX Studio accepts payment via Stripe using major credit and debit cards.
All sales are final. No refunds will be issued for any reason, including but not limited to: change of mind, dissatisfaction with the final product, failure to provide required content or materials in a timely manner, or project abandonment by the Client.
In the event of a chargeback or payment dispute initiated by the Client, OPX Studio reserves the right to immediately cease work, remove delivered assets, and pursue the outstanding balance through all available legal means.
Client Responsibilities
To ensure timely delivery, the Client agrees to:
- Provide all required content (text, images, branding) within 5 business days of project start
- Respond to revision requests and approval prompts within 3 business days
- Provide accurate and complete information during the discovery call
OPX Studio is not responsible for delays caused by the Client's failure to meet these responsibilities. Delivery timelines begin only once all required materials are received.
Revisions
Revisions are limited to the number specified in the purchased package. Additional revisions beyond the included allowance are available at an additional cost and must be agreed upon in writing before work begins.
Revisions do not include changes to the agreed project scope. Requests that materially change the scope of work will be treated as a new project.
Intellectual Property — Ownership
All original creative work produced by OPX Studio is protected under United States copyright law (17 U.S.C. § 101 et seq.) and applicable international intellectual property treaties, including the Berne Convention. Copyright vests in OPX Studio automatically upon creation of any original work, without the need for registration.
Upon receipt of full and final payment, OPX Studio grants the Client a license to use the final delivered website for its intended commercial purpose. Unless an explicit written agreement for full copyright assignment is made and signed by both parties, OPX Studio retains the underlying copyright in all original creative work, including but not limited to: layouts, typography systems, visual compositions, colour schemes, design language, and code architecture.
All design files, source code, mockups, and project assets remain the exclusive property of OPX Studio until payment is received in full. Non-payment at any stage forfeits the Client's right to any delivered or in-progress materials.
The Client may not sub-license, resell, or transfer rights to the delivered work to any third party without the express prior written consent of OPX Studio.
Creative Rights & Original Works
OPX Studio is a creative studio and digital design practice. All creative output — including concepts, direction, visual language, design systems, and stylistic choices — represents original authorship and constitutes protected creative work.
Concepts, drafts, mood boards, wireframes, design explorations, and creative directions that are developed but not selected by the Client remain exclusively the property of OPX Studio. The Client acquires no rights, express or implied, to any unused, rejected, or preliminary creative work under any circumstances.
OPX Studio's creative process, methodologies, workflows, proprietary frameworks, and design systems are trade secrets and confidential intellectual property. The Client agrees not to reproduce, teach, license, or disclose these processes to any third party.
The Client warrants that any materials, content, images, logos, or assets they provide to OPX Studio for use in the project are owned by, or properly licensed to, the Client. The Client indemnifies OPX Studio against any claims arising from the use of Client-supplied materials.
Portfolio & Attribution Rights
OPX Studio reserves the permanent and irrevocable right to display, publish, and promote any completed project in its portfolio, case studies, social media, pitch decks, press materials, and any other marketing context, unless the Client requests a portfolio exclusion in writing prior to project commencement.
OPX Studio has the right to be identified as the creator of the work in any context where the work is publicly displayed. The Client agrees not to misrepresent the origin of the work or claim sole creative authorship of a design created by OPX Studio.
If the Client publishes, shares, or promotes the delivered work in any public context, attribution to OPX Studio (e.g. "Design by OPX Studio") is encouraged and appreciated, though not required unless separately agreed.
The Client may not remove, obscure, or alter any embedded attribution, credits, or metadata within delivered source files without prior written consent from OPX Studio.
Prohibited Uses
The Client expressly agrees not to:
- Reproduce, copy, or repurpose OPX Studio's creative work for projects, clients, or purposes outside the agreed scope
- Resell, license, or sublicense any delivered work to third parties without written consent
- Use OPX Studio's name, branding, logo, or creative work in any manner that implies endorsement, partnership, or affiliation beyond the project scope
- Use any delivered creative work as training data for artificial intelligence, machine learning, or generative AI systems
- Reproduce or imitate OPX Studio's proprietary design style, creative direction, or visual systems in work produced for or by a competing design or creative agency
- Claim ownership of design concepts, visual language, or creative frameworks developed by OPX Studio, whether delivered or not
- Reverse-engineer, decompile, or extract proprietary methodologies from any delivered work
Violation of any prohibited use constitutes a material breach of these Terms and may result in immediate termination of services, demand for return or destruction of assets, and legal action including claims for damages.
Digital Content & AI Policy
All original creative content produced by OPX Studio — including website designs, visual assets, written creative copy, and code — is explicitly opted out of use as training data for any artificial intelligence or machine learning system. This prohibition applies to large language models, image generation models, and any other AI system, whether commercial or open-source.
No entity — including the Client, third parties, or automated systems — may scrape, crawl, harvest, or otherwise extract OPX Studio's creative output for the purpose of training, fine-tuning, or benchmarking AI models without express written consent and a separately executed licensing agreement.
OPX Studio retains all rights to any creative work and may pursue legal remedies under applicable copyright, trade secret, and unfair competition laws against any party that violates this provision.
This policy applies to all content on this website, all delivered project files, and all OPX Studio-created materials shared in any context.
Limitation of Liability
OPX Studio's total liability to the Client for any claim arising out of or related to these Terms or the services provided shall not exceed the total amount paid by the Client for the specific service in question.
OPX Studio is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of business, or loss of data, even if advised of the possibility of such damages.
OPX Studio makes no guarantees regarding search engine rankings, website traffic, sales conversions, or business outcomes resulting from use of our services.
Confidentiality
Both parties agree to keep confidential any non-public information shared during the course of the project. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party.
Termination
OPX Studio reserves the right to terminate services at any time if the Client engages in abusive, threatening, or unreasonable behaviour. In such cases, no refund will be issued for work already performed.
If the Client wishes to discontinue a project in progress, all payments made to date are non-refundable. No partial refunds will be provided for incomplete work resulting from Client-initiated termination.
Upon termination for any reason, the Client must immediately cease use of any delivered materials for which full payment has not been received. OPX Studio reserves the right to revoke access to or remove any assets hosted or delivered under an incomplete or disputed engagement.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States. Any disputes arising from these Terms shall be resolved through binding arbitration or in a court of competent jurisdiction.
Contact
If you have any questions about these Terms, please contact us at hello@opxstudio.net before making a purchase.
All sales are final. OPX Studio does not offer refunds under any circumstances. By purchasing any service, you acknowledge and agree to this policy in full. Please review these Terms carefully before making a payment.