Terms of Service for Horton Studio

This Terms of Service agreement ("Agreement") governs the relationship between Horton Studio ("Company", "we", "us", or "our") and its clients ("Client", "you", or "your"). By engaging our services, you agree to be bound by these terms, which outline the rules, rights, and responsibilities of our partnership.

Last updated: Sep. 1, 2024

1. Acceptance of Terms

1.1 By accessing or using any services provided by Horton Studio, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

1.2 If you do not agree to these Terms, you must not use our services.

2. Services

2.1 Horton Studio provides sales, marketing, and web development services, including but not limited to website design, branding, advertising, and automation solutions.

2.2 The specific scope, deliverables, and timeline of services will be detailed in a separate Statement of Work or Service Agreement.

3. Email and SMS Messaging

3.1 Consent: We only send commercial electronic messages to individuals who have provided explicit consent to receive such communications from Horton Studio.

3.2 Opt-Out Mechanism: All email and SMS messages sent by Horton Studio include a clear and conspicuous opt-out mechanism. We promptly honor all opt-out requests received through this mechanism.

3.3 Message Content: Our messages contain accurate sender information, including our business name and contact details. We do not use misleading subject lines or content in our communications.

3.4 Data Management: Horton Studio maintains accurate and up-to-date contact lists. We promptly remove unsubscribed contacts and invalid contact information from our databases.

3.5 Frequency and Volume: We adhere to industry best practices regarding the frequency and volume of messages sent to individuals to ensure a positive user experience and minimize potential complaints.

3.6 Content Restrictions: Horton Studio does not send messages containing illegal, explicit, or offensive content. Our communications are designed to provide value to the recipient and align with our business purposes.

3.7 Compliance: We comply with all applicable laws and regulations governing commercial electronic messages, including but not limited to the CAN-SPAM Act and the Telephone Consumer Protection Act (TCPA).

3.8 Platform Usage: When using third-party platforms or services for message delivery, we adhere to their respective terms of service and messaging guidelines.

3.9 Record Keeping: Horton Studio maintains records of consent and messaging activities as required by applicable laws and regulations.

4. Client Responsibilities

4.1 You agree to provide accurate, complete, and timely information necessary for Horton Studio to perform its services.

4.2 You warrant that you possess all necessary rights, licenses, and permissions for any content or materials provided to Horton Studio for use in projects.

5. Intellectual Property

5.1 Horton Studio retains ownership of all intellectual property created during the course of providing services, unless otherwise specified in writing.

5.2 Upon full payment of all invoices, clients are granted a non-exclusive, non-transferable license to use the deliverables for their intended purpose.

6. Payment

6.1 Payment terms, including amounts and due dates, will be specified in individual client contracts or invoices.

6.2 Late payments may result in the suspension of services and the application of late fees, as detailed in the specific client agreement.

7. Cystic Fibrosis Foundation Donation

7.1 Horton Studio commits to donating 10% of the service fee to the Cystic Fibrosis Foundation.

7.2 This donation is made solely by Horton Studio and does not affect the client's payment amount or obligations.

8. Confidentiality

8.1 Both Horton Studio and the client agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of business.

8.2 This obligation survives the termination of this Agreement.

9. Limitation of Liability

9.1 Horton Studio's liability is limited to the amount paid for services.

9.2 We are not liable for any indirect, consequential, incidental, or punitive damages arising from the use of our services.

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10. Termination

10.1 Either party may terminate the service agreement with written notice as specified in individual contracts.

10.2 Any outstanding fees will become immediately due upon termination.

11. Governing Law and Jurisdiction

11.1 This Agreement shall be governed by and construed in accordance with the laws of Texas, United States.

11.2 Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Texas, United States.

12. Amendments

12.1 Horton Studio reserves the right to modify these Terms of Service at any time.

12.2 Clients will be notified of any material changes, and continued use of our services constitutes acceptance of the modified terms.

By engaging Horton Studio's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.