Legal
Terms of Service
Last updated: January 2025
These Terms of Service ('Terms') govern your access to and use of the SimplStudios website (the 'Site') and any services we provide ('Services'). By using the Site or engaging us for Services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or our Services.
1. Who we are
"SimplStudios," "we," "us," and "our" refer to SimplStudios, a marketing and web design studio operating in the State of Ohio, United States. You can reach us at simplstudiosbusiness@gmail.com or (419) 654-8626.
2. Eligibility
You must be at least 18 years old and able to enter into a binding contract to use the Site or engage our Services. By using the Site, you represent that you meet these requirements and that any information you provide is accurate.
3. Services we provide
SimplStudios provides website design and development, digital marketing (including paid advertising, SEO, and lead generation), business automation, and growth consulting. The specific scope, deliverables, timeline, and fees for any engagement will be set out in a separate written proposal, statement of work, or invoice ("Engagement Documents"). In the event of a conflict between these Terms and the Engagement Documents, the Engagement Documents control for that engagement.
4. Fees, payment, and refunds
4.1 Deposit
Unless stated otherwise in the Engagement Documents, a non-refundable deposit equal to 50% of the total project fee is due before work begins. Work will not commence until the deposit has cleared.
4.2 Balance and recurring fees
The remaining balance is due as specified in the Engagement Documents (typically on delivery or per milestone). Ongoing services such as ad management, hosting, maintenance, or automation are billed on a recurring basis as agreed.
4.3 No refunds
All payments made to SimplStudios are non-refundable. This includes deposits, milestone payments, monthly retainers, ad management fees, and any other amounts paid. Because we begin allocating time, tools, and resources as soon as you engage us, we do not issue refunds for completed work, work in progress, change of mind, business changes, or unused portions of a billing period.
4.4 Late payments
Invoices not paid by their due date may be subject to suspension of Services and interest at the lesser of 1.5% per month or the maximum rate permitted by law. You agree to reimburse reasonable costs of collection, including attorneys' fees.
4.5 Third-party costs
Ad spend, domain registration, software subscriptions, stock media, and similar third-party costs are your responsibility and are not included in our fees unless expressly stated.
5. Your responsibilities
To deliver Services effectively, you agree to:
- Provide accurate, complete information and timely feedback;
- Supply content, brand assets, and access (e.g., to ad accounts, hosting, CRMs, analytics, domain registrars) needed for the work;
- Ensure you have all rights and licenses to any content, trademarks, or data you provide to us; and
- Comply with all laws and the terms of any third-party platforms used in the engagement (such as Meta, Google, and Go High Level).
Delays caused by your failure to provide information, approvals, or access may extend timelines and do not entitle you to a refund or credit.
6. Intellectual property
6.1 Final deliverables
Upon full payment of all amounts owed under the Engagement Documents, you will own the final, accepted deliverables created specifically for you (such as the finished website design files, copy written for you, or campaign creative), subject to any third-party licenses incorporated into those deliverables.
6.2 Our pre-existing materials and tools
We retain ownership of our pre-existing materials, frameworks, templates, processes, code libraries, internal tools, and know-how. We grant you a non-exclusive, non-transferable license to use any such materials embedded in your final deliverables solely for their intended purpose.
6.3 Portfolio rights
We may display the work we create for you in our portfolio, case studies, and marketing materials, and reference you as a client, unless you ask us in writing not to.
7. Marketing results and performance
Digital marketing results depend on many factors outside our control, including your offer, market conditions, competitor activity, and third-party platform policies. While we apply proven systems and our best professional effort, we do not guarantee any specific number of leads, sales, rankings, conversion rate, or return on ad spend. Any examples, case studies, or projections shared on the Site or in proposals are illustrative and are not promises of future results.
8. Acceptable use of the Site
You agree not to:
- Use the Site in violation of any law or third-party right;
- Attempt to gain unauthorized access to the Site, our systems, or other users' data;
- Interfere with or disrupt the Site, including via malware or bots;
- Copy, scrape, reverse engineer, or resell any portion of the Site without our written permission.
9. Third-party services
The Site and our Services rely on third-party providers (for example, Meta Pixel, Go High Level, and Lovable Cloud). Your use of those providers is also governed by their own terms and privacy policies. We are not responsible for the practices, availability, or content of third-party services.
10. Disclaimers
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLSTUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLSTUDIOS AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SITE OR SERVICES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ENGAGEMENT WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE EVENT.
12. Indemnification
You agree to defend, indemnify, and hold harmless SimplStudios from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of (a) content, assets, or instructions you provide to us; (b) your violation of these Terms; or (c) your violation of any law or third-party right.
13. Termination
Either party may terminate an engagement as set out in the Engagement Documents or, if not addressed there, with reasonable written notice. We may suspend or terminate the Site or your access to Services at any time if you breach these Terms or fail to pay amounts owed. All fees paid remain non-refundable, and any unpaid fees for work performed up to termination remain due.
14. Governing law and venue
These Terms are governed by the laws of the State of Ohio, United States, without regard to its conflict of laws principles. You agree that the exclusive venue for any dispute will be the state or federal courts located in Ohio, and you consent to personal jurisdiction in those courts.
15. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent version. Material changes will be posted on this page, and your continued use of the Site or Services after the change becomes effective constitutes acceptance of the updated Terms.
16. Contact
Questions about these Terms? Email simplstudiosbusiness@gmail.com or call (419) 654-8626.