Effective Date: January 1, 2025

Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of services provided by Creative Emm LLC (“Creative Emm,” “we,” “our,” “us”), including branding, design, web development, UI/UX, digital content, consulting, and related creative services.

By using our services or accessing our website, you agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.

These Terms comply with:

  • Wyoming State business laws

  • U.S. Federal Trade Commission (FTC) rules

  • Relevant international digital service standards

  • Creative Emm’s Operating Agreement and internal governance

2. Scope of Services

Creative Emm LLC provides:

  • Branding & visual identity design

  • UI/UX design for web & mobile

  • Website design & development (WordPress, Webflow, Framer)

  • Digital content & marketing design

  • Social media design (non-advertising)

  • Presentation & pitch deck design

  • Video editing & motion graphics

  • Ongoing subscription-based creative services

Service details may be described in:

  • Statements of Work (SOWs)

  • Email confirmations

  • Service agreements

  • Invoices

  • Proposals

3. Client Responsibilities

Clients must:

  • Provide accurate project information, assets, and instructions

  • Respond to communication in a timely manner

  • Review and approve drafts within agreed timelines

  • Ensure they have rights to any materials they submit (fonts, images, content, etc.)

  • Provide required platform access (domains, hosting, CMS accounts, etc.) where applicable

Delays in client feedback or asset submission may affect timelines.

4. Payments & Billing

4.1 Payment Terms

  • Payments must be made according to issued invoices or written agreements.

  • Work begins only after initial payment or full payment, depending on service type.

  • Subscription services renew automatically unless canceled in advance.

4.2 Accepted Payment Methods

  • Stripe

  • Wise

  • Bank wire transfers

  • PayPal (where applicable)

  • Other methods approved in writing

4.3 Non‑Payment

Creative Emm LLC reserves the right to:

  • Pause work for unpaid invoices

  • Withhold final files or deliverables

  • Terminate service for repeated non-payment

5. Refunds

Refunds are governed exclusively by our Refund Policy, which states that:

  • All creative and digital services are generally non-refundable

  • Limited refunds may apply only in specific documented cases

6. Revisions & Approvals

Revisions are included according to the agreed scope or subscription plan.

Additional revisions or changes outside of scope may incur additional charges.

Approval of drafts is considered final. Any changes after approval may be billed as new work.

7. Intellectual Property Rights

7.1 Client Ownership

Clients receive full ownership of final approved deliverables upon full payment.

7.2 Creative Emm Ownership (Before Final Payment)

All drafts, working files, and concepts remain Creative Emm LLC’s property until payment is completed.

7.3 Exclusions

Rights do not transfer for:

  • Unselected logo concepts

  • Unused drafts

  • Stock assets requiring external licensing

  • Components protected by third‑party license terms

7.4 Portfolio Usage

Creative Emm LLC may showcase completed work in its portfolio unless the client requests an NDA or privacy restriction.

8. Confidentiality

We maintain strict confidentiality of all sensitive client information, in accordance with:

  • FTC confidentiality expectations

  • Wyoming business laws

  • Our internal Non‑Disclosure Agreement (NDA)

Clients are responsible for informing us if additional confidentiality measures are required.

9. Third‑Party Tools & Integrations

We may use third-party platforms, such as:

  • Figma

  • Adobe Creative Cloud

  • Webflow, WordPress, Framer

  • Google Workspace

  • CDNs or hosting providers

Creative Emm LLC is not responsible for outages, failures, or limitations of third-party systems.

10. Warranties & Disclaimers

Creative Emm provides creative and digital services as‑is without guarantees that they will:

  • Meet client revenue goals

  • Guarantee performance results (SEO, conversions, traffic, etc.)

  • Be error-free after client modification or implementation

We disclaim implied warranties to the fullest extent permitted under Wyoming law.

11. Limitation of Liability

To the maximum extent allowed by law:

  • Creative Emm LLC is not liable for indirect, incidental, or consequential damages

  • Total liability will not exceed the amount paid by the client for the specific service

This limitation applies to:

  • Loss of profits

  • Data loss

  • Business interruption

  • Third‑party failures

  • Misuse of delivered files

12. Termination

Either party may terminate a service agreement with written notice.

Creative Emm may immediately terminate service for:

  • Non-payment

  • Policy violations

  • Abusive or unprofessional conduct

  • Legal or compliance concerns

Upon termination:

  • Completed work already paid for will be delivered

  • All unpaid work remains the property of Creative Emm LLC

13. Governing Law

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-law principles.

Any disputes shall be resolved in courts located within Sheridan County, Wyoming.

14. Updates to These Terms

Creative Emm LLC may update these Terms at any time. A revised "Effective Date" will appear at the top.

Continued use of our website and services constitutes acceptance of updated Terms.

15. Contact Information

For questions regarding these Terms:

Creative Emm LLC
30 N Gould St, STE R
Sheridan, WY 82801
Email: hello@creativeemm.com