01Acceptance of these Terms
These Terms of Service (the "Terms") govern your use of hortonstudio.us (the "Site") and form part of the terms under which Horton Studio Inc ("Horton Studio," "we," "us" or "our") provides services to clients. By using the Site, or by paying an invoice from us, you agree to these Terms.
If you are using the Site or engaging us on behalf of a company or other organization, you confirm that you have authority to accept these Terms on its behalf. If you do not agree to these Terms, please do not use the Site.
02About Horton Studio
Horton Studio Inc is a design, marketing and AI automation studio based in Dallas, Texas, USA. We provide brand identity, website design and development, marketing, video production, video editing and photography (including on-location shoots), 3D and motion, and AI automation and systems integration services to business clients.
The Site describes our studio and services. It does not sell products, and no purchase can be completed on the Site itself. All work is provided under a separate written agreement with each client, and all payments are made through invoices or payment links issued by Stripe. Prices are quoted and invoiced in U.S. dollars unless an agreement states otherwise.
03Use of the website
You may view and use the Site for your own personal or internal business purposes, such as learning about the studio. You agree not to:
- use the Site in a way that breaks any applicable law or regulation;
- attempt to gain unauthorized access to the Site, its hosting infrastructure or any related systems;
- interfere with or disrupt the Site, including by introducing malware or placing an unreasonable load on it;
- scrape, copy or harvest content from the Site by automated means, except as permitted by standard search engine indexing;
- copy, reproduce, modify, distribute or create derivative works from the Site's content except as these Terms allow;
- misrepresent your identity or affiliation, or impersonate Horton Studio or anyone else; or
- send us unsolicited bulk email or other spam.
We may suspend or restrict access to the Site at any time to protect it or to address a breach of these Terms. We may change, update or discontinue any part of the Site without notice.
04Intellectual property
The Site and its content, including its text, design, graphics, images, 3D models, animations and code, are owned by Horton Studio or its licensors and are protected by copyright, trademark and other laws. Except for the limited permission to view and use the Site described above, no rights are granted to you.
The Horton Studio name, logo and monogram are trademarks of Horton Studio. You may not use them without our prior written permission, except to refer to Horton Studio accurately and in a way that does not suggest endorsement.
Ownership of, and rights in, any work we create for a client are governed by that client's agreement, not by these Terms.
05Client services
Every client engagement is governed by a separate written agreement, proposal or statement of work signed or accepted by the client and Horton Studio (a "Client Agreement"). The Client Agreement sets out the scope, deliverables, timeline, fees, payment schedule, revision terms, ownership of work and any other terms specific to the project.
If these Terms conflict with a Client Agreement, the Client Agreement controls. These Terms apply to use of the Site and fill in any matter that a Client Agreement does not address. Nothing on the Site is an offer to provide services, and no engagement begins until a Client Agreement is in place.
Work is delivered electronically, by email, shared files or deployment to the client's own accounts, on the schedule set out in the Client Agreement. No physical goods are shipped.
For photo and video shoots, the client arranges access to its locations and the consent of the people it puts on camera, unless the Client Agreement says otherwise.
06Payment
Clients are invoiced through Stripe, in U.S. dollars. The amount, due date and any deposit for a project are set in its Client Agreement or on the invoice. Card and bank details are entered on Stripe's secure pages and are never received or stored by Horton Studio. Applicable taxes are shown on the invoice where we are required to collect them.
07Refunds and disputes
Because our services are custom professional work, refunds work as follows unless your Client Agreement states otherwise:
- Fees for work already performed, and fees for deliverables you have approved or accepted, are non-refundable.
- Prepaid amounts for work that has not yet started are refunded in full if the engagement is cancelled before that work begins.
- Approved refunds are issued to the original payment method through Stripe. Stripe typically posts a refund to the payer's account within 5 to 10 business days, depending on the bank or card issuer.
If you believe an invoice or charge is incorrect, email devan at hortonstudio dot us within 30 days of the invoice date. Please include the invoice number, the amount in question and the reason for the dispute. We will acknowledge and respond to your request within 5 business days, and we will work with you in good faith to resolve it. Undisputed portions of an invoice remain due on the original due date.
Before filing a chargeback or payment dispute with your bank or card issuer, you agree to contact us first and give us a reasonable opportunity to resolve the issue. This does not limit any rights you have under applicable law or your card issuer's rules.
08Cancellation
Cancellation of a project is governed by the Client Agreement. If the Client Agreement does not address cancellation, either party may cancel the engagement by written notice by email, effective on the date the notice is received.
On cancellation, the client must pay for all work performed and approved expenses incurred up to the effective date of cancellation, and prepaid amounts for work not yet started will be refunded as described in Refunds and disputes. Unless the Client Agreement says otherwise, rights to deliverables transfer only once the work they cover has been paid for in full.
09Third-party services and links
The Site may link to websites or services operated by others, and we rely on third parties such as Stripe and our hosting provider to provide parts of our services. We do not control and are not responsible for third-party websites, services or content, and a link does not mean we endorse them. Your use of any third-party service is subject to that provider's own terms and privacy policy.
10Disclaimers
The Site and its content are provided "as is" and "as available," for general information only. To the fullest extent permitted by law, Horton Studio disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, error free or free of harmful components, or that its content is complete or current.
Any warranties for client work are only those expressly stated in the Client Agreement.
11Limitation of liability
To the fullest extent permitted by law, Horton Studio and its officers, employees and contractors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or related to the Site, these Terms or our services, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total liability for any claim arising out of or related to the Site or these Terms is limited to one hundred U.S. dollars (US$100). For claims arising out of client services, our total liability is limited to the fees paid to us under the applicable Client Agreement in the twelve months before the claim arose, unless the Client Agreement sets a different limit.
Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
12Indemnification
You agree to defend, indemnify and hold harmless Horton Studio and its officers, employees and contractors from any claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of your misuse of the Site, your breach of these Terms or your violation of any law or the rights of a third party.
For client engagements, each party's indemnification obligations, including for materials a client provides to us for use in the work, are set out in the Client Agreement.
13Governing law and venue
These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict of laws rules. Any dispute arising out of or related to these Terms or the Site will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you and Horton Studio consent to the personal jurisdiction of those courts.
Before starting any formal proceeding, the party raising a dispute agrees to notify the other party in writing and to try in good faith to resolve it informally for at least 30 days. A Client Agreement may set out a different dispute resolution process, which will control for disputes about that engagement.
14Changes to these Terms
We may update these Terms from time to time. When we do, we will post the updated version on this page and change the effective date above. Changes apply from that date and do not affect invoices issued or Client Agreements signed before the change, unless the parties agree otherwise. Your continued use of the Site after a change means you accept the updated Terms.
15Severability and entire agreement
If any provision of these Terms is found to be unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will stay in full effect. Our failure to enforce any provision is not a waiver of our right to do so later.
These Terms, together with our Privacy Policy and any Client Agreement, are the entire agreement between you and Horton Studio about their subject matter and replace any prior understandings about it. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of our business.
16Contact
For questions about these Terms, billing, refunds or cancellations, contact Horton Studio Inc, based in Dallas, Texas, USA, by email at devan at hortonstudio dot us. We aim to reply to all inquiries within 5 business days.