byDesign Terms & Conditions.

1. Introduction
Welcome to By Design Creative LLC ("By Design", "Company", "we", "our", or "us").
These Terms of Service ("Terms") govern your access to and use of our website, services, software, subscriptions, content, communications, and any related products offered through https://getbydesign.com ("Service").
By accessing, purchasing, subscribing to, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree with these Terms, you may not use our Service.

2. Company Information
By Design Creative LLC
11119 Little Compton Dr
Reston, VA 20191
United States
Phone: (571) 410-8506
Website: https://getbydesign.com
Support Email: support@getbydesign.com
General Inquiries: hello@getbydesign.com

3. Description of Services
By Design is a subscription-based creative, marketing, design, content, advertising, branding, and website support service.
Services may include, but are not limited to:

Graphic Design
Branding
Marketing Strategy
Website Design
Landing Pages
Content Creation
Advertising Creative
Social Media Assets
Copywriting
Creative Consulting
Business Design Support
Other Creative Services

Services are delivered digitally through our internal workspace, project management systems, email, messaging platforms, and other communication channels.
We reserve the right to modify, expand, reduce, suspend, or discontinue any portion of the Service at any time.

4. Eligibility
You must be at least eighteen (18) years old and capable of entering into legally binding agreements to use the Service.
By using the Service, you represent and warrant that you meet these requirements.

5. Accounts
When creating an account or engaging our services, you agree to provide accurate and complete information.
You are responsible for maintaining the security of your account credentials and for all activities conducted under your account.
We reserve the right to suspend or terminate accounts containing inaccurate information, fraudulent activity, abuse, or violations of these Terms.

6. Subscription Services
Certain Services are offered on a recurring subscription basis.
Subscriptions are billed in advance on a monthly recurring basis unless otherwise stated.
Your subscription automatically renews at the end of each billing cycle unless canceled before renewal.
Subscription plans are month-to-month and do not require long-term contracts unless explicitly agreed in writing.
Subscription benefits, request limits, turnaround times, and included features may vary by plan.
Unused requests, revisions, support time, or service allocations do not roll over to future billing periods unless expressly stated.

7. Billing Authorization
By providing a payment method, you authorize By Design Creative LLC and its payment processing partners to charge all applicable fees associated with your account.
You agree to maintain accurate and current billing information.
Failure to maintain valid payment information may result in service suspension or termination.
We may utilize third-party payment processors including but not limited to Stripe, Authorize.net, Agree.com, Finix, NMI, Worldpay, and other payment providers.

8. No Free Trials
We do not offer free trials or trial-based access to the Service.
All access to the Service requires payment of the applicable fees unless otherwise agreed in writing.
We reserve the right to offer promotional pricing, discounts, or limited-time offers at our sole discretion, but such offers do not constitute free trials.

9. Pricing and Fee Changes
We may modify pricing, plans, features, or fees at any time.
Any pricing changes for active subscriptions will become effective on the next renewal cycle after notice has been provided.
Continued use of the Service after a pricing change constitutes acceptance of the updated pricing.

10. Cancellation Policy
Clients may cancel their subscription at any time by contacting support@getbydesign.com.
Cancellation requests must be received at least twenty-four (24) hours before the next billing date to prevent renewal.
If a subscription renews before a cancellation request is received, the subscription will remain active through the current billing cycle.
Cancellation does not entitle a client to a refund for previously paid subscription fees.

11. Refund Policy
Due to the nature of digital and creative services, all payments are final.
All subscription fees, setup fees, creative fees, consulting fees, and service charges are non-refundable unless otherwise required by applicable law.
If a billing error occurs, clients must notify us within thirty (30) days of the charge.
Nothing in this section limits any rights that cannot be waived under applicable law.

12. Chargebacks and Payment Disputes
Clients agree to contact By Design before initiating a chargeback, payment dispute, or payment reversal.
Because services often begin immediately after onboarding, planning, communication, research, or work commencement, clients acknowledge that services may be considered rendered even if a deliverable has not yet been finalized.
By Design reserves the right to contest chargebacks involving completed work, active subscriptions, delivered services, consultations, strategy sessions, or documented service activity.
Evidence may include invoices, communication records, project history, workspace activity, service logs, approvals, deliverables, and account records.

13. Client Responsibilities
Clients agree to:

Provide timely feedback.
Supply accurate information.
Review deliverables promptly.
Maintain lawful use of all services.
Cooperate in the completion of projects.

Delays caused by the client may impact turnaround times.
We are not responsible for missed deadlines resulting from delayed client communication or approvals.

14. Content Ownership
Clients retain ownership of content, trademarks, logos, materials, and intellectual property they provide to By Design.
Upon full payment of applicable fees, ownership of final approved deliverables transfers to the client unless otherwise agreed in writing.
By Design retains ownership of:

Internal systems
Proprietary processes
Templates
Methodologies
Frameworks
Automation systems
Internal tools
Unused concepts
Drafts and working files unless explicitly included


15. License to Use Client Content
You grant By Design a limited, non-exclusive license to use submitted content solely for providing services, fulfilling requests, improving workflows, and operating the Service.
This license terminates when services conclude except where retention is required by law, compliance obligations, backup systems, or dispute resolution purposes.

16. Portfolio Rights
Unless otherwise agreed in writing, By Design may display completed work, project excerpts, publicly available results, company names, logos, and creative samples in portfolios, case studies, presentations, marketing materials, and promotional content.
Clients may request exclusion from public portfolio use by submitting a written request before project completion.

17. Artificial Intelligence and Automation
By Design may utilize artificial intelligence systems, automation tools, machine learning technologies, software platforms, and third-party services in connection with delivering services.
Use of such tools does not transfer ownership rights to third parties beyond what is necessary to provide services.
Clients acknowledge that AI-assisted outputs may require human review, editing, and refinement.

18. Prohibited Uses
You agree not to:

Violate any law or regulation.
Infringe intellectual property rights.
Upload malicious software.
Interfere with Service operations.
Attempt unauthorized access.
Use the Service for fraudulent purposes.
Reverse engineer proprietary systems.
Harass, abuse, threaten, or impersonate others.
Distribute spam or unauthorized communications.

Violation of this section may result in immediate termination.

19. Intellectual Property
All Service content, branding, technology, software, designs, systems, trademarks, trade dress, and functionality remain the exclusive property of By Design Creative LLC unless otherwise stated.
Nothing in these Terms grants ownership rights to Company intellectual property.

20. Third-Party Services
The Service may integrate with or link to third-party providers.
We are not responsible for:

Third-party websites
Third-party software
Payment processors
External platforms
Advertising networks
Hosting providers

Your use of third-party services is subject to their respective terms and policies.

21. Disclaimer of Results
Marketing, advertising, branding, creative, consulting, and design services involve numerous factors outside our control.
We do not guarantee:

Revenue increases
Lead generation results
Advertising performance
Search rankings
Conversion rates
Business growth
Specific outcomes

Past performance does not guarantee future results.

22. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BY DESIGN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR MEET YOUR EXPECTATIONS.

23. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BY DESIGN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
IN NO EVENT SHALL BY DESIGN'S TOTAL LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO BY DESIGN DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

24. Indemnification
You agree to defend, indemnify, and hold harmless By Design Creative LLC, its officers, directors, employees, contractors, affiliates, and agents from any claims, damages, liabilities, losses, costs, or expenses arising from:

Your use of the Service
Violation of these Terms
Violation of applicable laws
Infringement of third-party rights


25. Termination
We may suspend or terminate access to the Service at any time for violations of these Terms, suspected fraud, abuse, non-payment, legal requirements, or operational reasons.
Termination does not eliminate outstanding payment obligations.

26. Electronic Communications
By using the Service, you consent to receive communications electronically.
Electronic notices, invoices, records, disclosures, approvals, and agreements satisfy any legal requirement that communications be in writing.
Electronic records shall be admissible in any dispute to the same extent as paper records.

27. Governing Law
These Terms shall be governed by and construed under the laws of the Commonwealth of Virginia, without regard to conflict of law principles.

28. Dispute Resolution
Any dispute arising from these Terms or the Service shall first be addressed through good-faith negotiations between the parties.
If resolution cannot be reached, disputes shall be resolved in the state or federal courts located in Virginia.
Each party consents to the jurisdiction of such courts.

29. Force Majeure
By Design shall not be liable for delays or failures resulting from causes beyond reasonable control, including:

Natural disasters
Government actions
Internet outages
Cybersecurity incidents
Labor disputes
Utility failures
Acts of God


30. Changes to Terms
We may modify these Terms at any time.
Updated versions will be posted on our website with a revised effective date.
Continued use of the Service after updates constitutes acceptance of the revised Terms.

31. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

32. Entire Agreement
These Terms constitute the entire agreement between you and By Design regarding the Service and supersede any prior agreements, communications, or understandings.

33. Contact Information
By Design Creative LLC
11119 Little Compton Dr
Reston, VA 20191
United States
Phone: (571) 410-8506
Website: https://getbydesign.com
Support: support@getbydesign.com
General Inquiries: hello@getbydesign.com