Last Updated: March 2025

1. Acceptance of Terms

By accessing and using the Creatifly website (the “Website”) and our services, you (“Client”) agree to comply with and be bound by these Terms of Service (the “Agreement”). If you do not agree with these terms, please refrain from using our Website and services.

2. Services Provided

Creatifly offers design services, including but not limited to graphic design, branding, and related creative solutions (the “Services”). The specifics of the Services, including deliverables, timelines, and fees, will be outlined in individual agreements or project briefs between Creatifly and the Client.

3. Intellectual Property Rights

Unless otherwise indicated, the Website and all content, including but not limited to text, graphics, logos, images, and software (collectively, the “Content”), are the property of Creatifly and are protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, distribute, modify, or create derivative works of any Content without prior written consent from Creatifly.

4. Ownership of Materials

Upon full payment for the Services, the Client shall own the final design files and associated copyrights for the deliverables created by Creatifly (the “Projects”). Creatifly retains the right to showcase the Projects in portfolios, marketing materials, and case studies unless otherwise agreed upon in writing.

5. Third-Party Fonts and Assets

If a Project incorporates fonts or other assets that require a commercial license for reproduction, distribution, or public display (“Third-Party Assets”), Creatifly will inform the Client in writing. The Client is responsible for purchasing the necessary licenses for any Third-Party Assets used in the Project. Creatifly is not liable for any consequences resulting from the Client’s failure to obtain such licenses.

6. Client Responsibilities

By engaging with Creatifly, the Client represents and warrants that:

• They have the legal capacity to enter into this Agreement.

• Any materials provided to Creatifly do not infringe upon or misappropriate any third party’s rights, including intellectual property rights.

• They will provide timely feedback and necessary information to facilitate the completion of the Services.

7. Payment Terms

Fees for the Services will be outlined in individual agreements or project briefs. Payment terms, including deposit requirements and payment schedules, will be specified therein. Late payments may result in project delays or suspension of Services.

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the project. This obligation shall survive the termination of this Agreement.

9. Limitation of Liability

To the fullest extent permitted by law, Creatifly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues arising from the use of our Services or Website.

10. Termination

Either party may terminate this Agreement with written notice if the other party breaches any material term of this Agreement and fails to remedy the breach within a specified period. Upon termination, the Client shall pay for all Services rendered up to the termination date.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles.

12. Amendments

Creatifly reserves the right to modify these Terms of Service at any time. Clients will be notified of significant changes, and continued use of the Services constitutes acceptance of the revised terms.

13. Contact Information

For any questions or concerns regarding these Terms of Service, please contact us at kumail@creatifly.co.