Last Updated: February 24, 2026

Welcome to Envisionary Design (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website located at envisionarydesign.com (the “Site”) and any services, products, content, consultations, or deliverables offered by us (collectively, the “Services”).

By accessing or using the Site or engaging us for Services, you agree to be bound by these Terms. If you do not agree, do not use the Site or Services.

1. Eligibility and Use of the Site

You must be at least 18 years old and legally able to enter into a binding contract to use this Site or purchase Services.

You agree to use the Site only for lawful purposes and in a way that does not interfere with the operation of the Site or the rights of others.

2. Scope of Services

Envisionary Design provides creative and digital services that may include, without limitation, branding, logo design, web design, website development, creative direction, marketing assets, content production, AI-assisted creative work, consulting, and related deliverables.

The exact scope, timeline, deliverables, pricing, and responsibilities for any paid project will be defined in a separate proposal, quote, statement of work (“SOW”), project agreement, invoice, or written communication approved by both parties.

If there is any conflict between these Terms and a signed project agreement or SOW, the signed project agreement or SOW controls for that project.

3. Quotes, Proposals, and Project Approval

Any quote, estimate, or proposal is valid for the period stated in the proposal (or 30 days if no period is stated) and may be withdrawn or revised after that time.

A project is considered approved and scheduled when you do at least one of the following:

  • sign a proposal or agreement,

  • submit written approval (including email or approved platform message),

  • pay a deposit, or

  • instruct us to begin work.

You are responsible for reviewing and approving project details before work begins.

4. Payment Terms

Fees, deposits, milestone payments, and due dates will be stated in the applicable proposal, invoice, or SOW.

Unless otherwise stated in writing:

  • deposits and setup fees are non-refundable,

  • invoices are due upon receipt,

  • late payments may pause work and delivery timelines,

  • we may charge late fees or interest to the extent permitted by law,

  • you are responsible for any payment processor fees, chargeback fees, or taxes unless otherwise stated.

If a payment is overdue, we may suspend work, disable access to work-in-progress files, delay final delivery, or terminate the project until payment is brought current.

5. No Chargebacks for Delivered or Approved Work

By purchasing Services, you agree not to initiate a chargeback for work that has been delivered, approved, or substantially performed, except in cases of proven fraud.

If a chargeback is initiated, we reserve the right to submit project files, communications, approvals, invoices, and delivery records to the payment processor as evidence.

6. Revisions and Change Requests

Revisions included in a project are limited to the number and type stated in the proposal or SOW.

A revision means a reasonable modification to an existing presented concept. A revision does not include a new concept, major redesign, expanded scope, or work not included in the original agreement.

Any work outside the agreed scope is a change request and may require:

  • a revised timeline,

  • additional fees, and

  • written approval before work continues.

7. Client Responsibilities

You agree to provide timely and accurate materials, feedback, decisions, and approvals necessary for us to perform the Services, including text, images, logos, brand assets, access credentials, and other content (“Client Materials”).

You represent and warrant that you own or have permission to use all Client Materials and that our use of them for your project will not infringe or violate any third-party rights.

Delays in providing Client Materials, approvals, or feedback may extend project timelines and may require rescheduling.

8. Intellectual Property and Ownership

8.1 Our Pre-Existing Materials

We retain all rights in our pre-existing materials, methods, processes, templates, know-how, tools, libraries, scripts, frameworks, design systems, and working files not specifically identified as final deliverables (“Provider Materials”).

Unless expressly granted in writing, no ownership rights in Provider Materials are transferred to you.

8.2 Deliverables

Subject to full payment of all fees due, we grant you the rights specified in the proposal/SOW for the final approved deliverables delivered to you.

Unless otherwise stated in writing, the transfer applies only to final deliverables and does not include:

  • source files,

  • layered design files,

  • editable working files,

  • unused concepts,

  • drafts,

  • process files,

  • development tools or scripts,

  • fonts (unless separately licensed),

  • stock assets (unless license transfer is permitted).

8.3 Portfolio Rights

Unless otherwise agreed in writing, we may display completed or published work, your company name, logo, and non-confidential project samples in our portfolio, website, social media, presentations, and marketing materials for promotional purposes.

If you need a launch embargo or confidentiality period, it must be agreed to in writing before the project begins.

9. AI-Assisted Creative Work

Some Services may involve AI-assisted tools for ideation, drafting, image generation, content generation, editing, or production workflows.

By using our Services, you acknowledge and agree that:

  • AI outputs may be probabilistic and may resemble content generated for others,

  • AI-generated outputs may require human review, editing, and refinement,

  • results are not guaranteed to be unique, error-free, or legally protectable,

  • you are responsible for final review and approval before public use,

  • availability and behavior of third-party AI tools may change without notice.

Unless expressly stated in writing, we do not guarantee copyrightability, trademark registrability, platform approval, or legal clearance of AI-assisted outputs.

If legal clearance is important to your use case (for example, trademark filing, packaging, ad claims, or regulated industries), you should obtain review by qualified legal counsel before use.

10. Third-Party Platforms, Tools, and Services

Projects may rely on third-party platforms and services (for example, hosting providers, domain registrars, CMS platforms, plugins, payment processors, ad platforms, AI tools, stock asset providers, email tools, or analytics tools).

We are not responsible for third-party outages, policy changes, price increases, account suspensions, API changes, feature removals, or security incidents outside our control.

You are responsible for complying with the terms and policies of any third-party service you use.

11. Website, Hosting, and Technical Limitations

Unless expressly included in a maintenance or hosting agreement, we are not responsible for ongoing maintenance, updates, backups, security patching, uptime monitoring, plugin conflicts, or server administration after delivery.

If we provide website deployment assistance, you remain responsible for:

  • hosting account ownership and billing,

  • domain ownership and renewal,

  • backup strategy,

  • platform updates,

  • security monitoring,

  • third-party license renewals.

We are not liable for losses caused by hosting failures, malware, plugin conflicts, expired domains, expired licenses, or unauthorized access to your systems.

12. Feedback, Approvals, and Acceptance

You agree to review deliverables promptly and provide feedback or approval within the timeframe stated in the proposal/SOW, or within a reasonable time if no timeframe is stated.

If you do not respond within [7–14] days after delivery or revision request, we may deem the deliverable accepted for billing and project-closing purposes.

Once a deliverable is approved, further changes may require a new scope and additional fees.

13. Refunds and Cancellations

Due to the custom and time-based nature of creative services, payments are generally non-refundable once work has started.

If a project is canceled by you after work begins:

  • all completed work and time spent through the cancellation date are billable,

  • any unpaid balance for completed work becomes due,

  • deposits are non-refundable,

  • no transfer of rights occurs until all outstanding amounts are paid in full.

If we cancel a project for reasons other than your breach, we may refund any unearned portion of fees at our discretion.

14. Acceptable Use and Prohibited Conduct

You agree not to use the Site or Services to:

  • violate any law or regulation,

  • infringe intellectual property rights,

  • submit false or misleading information,

  • transmit malware or harmful code,

  • attempt unauthorized access to the Site or systems,

  • harass, abuse, or threaten us or others,

  • use our work in unlawful, defamatory, or fraudulent activity.

We reserve the right to refuse or terminate Services for unlawful, abusive, or unsafe conduct.

15. Confidentiality

We will use reasonable care to protect confidential information you provide to us that is identified as confidential or that a reasonable person would understand to be confidential.

This obligation does not apply to information that:

  • is publicly available,

  • was already known to us without restriction,

  • is rightfully received from a third party, or

  • is independently developed without use of your confidential information.

If you require a formal NDA, it must be requested and signed before sharing sensitive information.

16. Disclaimers

The Site and Services are provided on an “as is” and “as available” basis to the fullest extent permitted by law.

We do not guarantee that:

  • the Site will be uninterrupted, secure, or error-free,

  • Services will produce any specific business result,

  • designs or campaigns will increase sales, traffic, conversions, or rankings,

  • any deliverable will be approved by ad platforms, app stores, marketplaces, or trademark offices.

Creative and marketing outcomes depend on many factors outside our control, including offer quality, market conditions, budget, audience fit, platform rules, execution, and follow-through.

17. Limitation of Liability

To the fullest extent permitted by law, Envisionary Design and its owners, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or reputational harm arising out of or related to the Site or Services.

Our total liability for any claim arising out of or related to the Site or Services will not exceed the total amount actually paid by you to us for the specific Services giving rise to the claim during the [3 or 6] months preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

18. Indemnification

You agree to defend, indemnify, and hold harmless Envisionary Design and its owners, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • your use of the Site or Services,

  • your Client Materials,

  • your breach of these Terms,

  • your violation of any law or third-party rights.

19. Termination

We may suspend or terminate your access to the Site or Services at any time if you breach these Terms, fail to pay invoices, engage in abusive conduct, or create legal or operational risk.

Termination does not relieve you of the obligation to pay for Services performed prior to termination.

Sections that by their nature should survive termination will survive, including payment obligations, IP provisions, disclaimers, limitations of liability, indemnification, and dispute terms.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of [Florida], without regard to conflict of law rules.

Any dispute arising out of or related to these Terms or the Services will be resolved in the state or federal courts located in [Broward County, Florida], and both parties consent to that jurisdiction and venue.

Optional arbitration version (use instead of court version if your lawyer advises it):
Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in [County, State], except that either party may bring claims in small claims court where eligible. Each party waives any right to a jury trial and to participate in a class action, to the extent permitted by law.

(Choose one version and remove the other after legal review.)

21. Privacy

Your use of the Site is also subject to our Privacy Policy, which explains how we collect, use, and protect personal information. By using the Site, you also agree to our Privacy Policy.

Privacy Policy URL: [Insert URL]

22. DMCA / Copyright Complaints (Optional but Recommended)

If you believe content on the Site infringes your copyright, please send a notice to:

Email: [Insert DMCA email]
Mailing Address: [Insert mailing address]

Your notice should include sufficient detail to identify the copyrighted work and the allegedly infringing material, your contact information, and a statement that you have a good-faith belief the use is unauthorized.

(If you include this section, set up a real contact process.)

23. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised “Last Updated” date.

Your continued use of the Site or Services after changes are posted constitutes acceptance of the revised Terms.

24. Contact Information

If you have questions about these Terms, contact us at:

Envisionary Design
Website: envisionarydesign.com
Email: indo@envisionarydesign.com
Phone:  (954) 947-1870