Terms of Service
The agreement between you and ArkenVale Studios.
Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the ArkenVale Studios website at arkenvale.com (the "Site") and any services we provide (collectively, the "Services"). By accessing the Site or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or our Services.
About ArkenVale Studios
ArkenVale Studios is a Houston-based digital studio offering web development, brand identity, local SEO, Google Business Profile management, digital presence management, and AI/automation services to small to medium size businesses.
Use of the Site
You may use the Site for lawful purposes only. You agree not to:
- Use the Site in any way that violates applicable laws or regulations
- Attempt to gain unauthorized access to any portion of the Site, server, or related systems
- Interfere with or disrupt the Site or its underlying infrastructure
- Use any automated means to scrape, copy, or extract content from the Site without our written consent
- Misrepresent your identity or affiliation when communicating with us
Acceptable Engagements
ArkenVale reserves the right to decline or terminate any engagement at our discretion. We do not provide services for businesses or projects involving illegal activity, adult content, gambling, weapons, hate speech, deceptive marketing practices, or any work that conflicts with our values or could harm our reputation. We may decline an engagement at any time if we believe in good faith it falls outside the scope of work we wish to take on.
Intellectual Property
All content on the Site, including text, graphics, logos, designs, code, and concept work, is the property of ArkenVale Studios or its licensors and is protected by copyright, trademark, and other applicable laws. You may not copy, reproduce, distribute, or create derivative works without our prior written permission.
The concept work shown on our Site (including projects such as Meridian Freight, Cardinal Climate Co., Solene Aesthetics, and Hearth & Vine) is original speculative work created by ArkenVale Studios for portfolio demonstration. These are not actual client engagements and any business names used are fictional.
Engagements and Client Work
Client engagements are governed by a separate written agreement (the "Service Agreement") that defines the specific scope, deliverables, timeline, fees, and terms applicable to that project. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement controls.
Subcontractors and Third Parties
ArkenVale may engage qualified subcontractors, freelancers, or third-party specialists to assist with delivering Services. ArkenVale remains responsible for the quality and timeliness of all work delivered, and binds any subcontractors to confidentiality terms consistent with this agreement. Client information is shared with subcontractors only on a need-to-know basis.
AI and Automation Services
Where our Services involve artificial intelligence, machine learning, or automation tools, you acknowledge that these systems may rely on third-party AI providers, can produce errors or unexpected outputs, and may evolve over time as underlying models change. We use commercially reasonable care in selecting and configuring AI tools, but we cannot guarantee specific outputs, accuracy, or uninterrupted availability of third-party AI services. Where AI implementations process client data, we will identify the providers involved and obtain appropriate consent before integration.
Search, Hosting, and Third-Party Platforms
Many of our Services rely on third-party platforms outside our control, including search engines, hosting providers, social platforms, and Google Business Profile. Rankings, traffic, uptime, platform policies, and feature availability on these platforms can change at any time without notice. We are not responsible for outages, algorithm changes, or policy decisions made by these third parties. Where applicable, we will work with you to adapt as conditions change.
Project Scope and Changes
The scope of any engagement is defined in the Service Agreement. Changes to scope may result in adjustments to fees and timelines, which will be agreed to in writing before being implemented.
Payment Terms
Payment terms are set out in each Service Agreement. Unless otherwise specified, project fees are due in full upon engagement initiation, which secures your production slot in our schedule. Recurring services are billed monthly in advance. Late payments may incur fees and may result in service suspension.
Deliverables and Ownership
Upon final payment, you will own the rights to the final deliverables produced for your project, except for third-party assets, fonts, stock imagery, or open-source code, which are licensed under the terms of their respective providers. ArkenVale retains the right to use deliverables and project materials in our portfolio, case studies, and marketing materials, unless otherwise agreed in writing.
Revisions
The number of included revisions is specified in each Service Agreement. Additional revisions beyond the agreed scope may incur additional fees.
No Guarantees of Specific Results
We work hard to deliver results that meet or exceed expectations. However, we do not guarantee specific outcomes such as search rankings, traffic levels, conversion rates, revenue, or business growth. Outcomes depend on many factors outside our control.
Disclaimers
The Site and Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
Limitation of Liability
To the maximum extent permitted by law, ArkenVale Studios and its principals will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or Services, even if advised of the possibility of such damages. Our total liability for any claim relating to the Services will not exceed the fees paid by you to ArkenVale for the Services giving rise to the claim during the three months preceding the claim.
Indemnification
You agree to indemnify and hold ArkenVale Studios harmless from any claims, damages, or expenses arising from your breach of these Terms, your use of the Site, or your provision of content or instructions that infringe third-party rights or violate applicable laws.
Termination
We may suspend or terminate your access to the Site at any time, without notice, for any reason, including breach of these Terms. Termination of a client engagement is governed by the applicable Service Agreement.
Governing Law
These Terms are governed by the laws of the State of Texas. Any disputes arising from these Terms or our Services will be handled under Texas law.
Changes to These Terms
We may update these Terms from time to time. When we do, we will post the revised Terms here with an updated "Last updated" date. Your continued use of the Site or Services after changes are posted constitutes acceptance of the revised Terms.
Contact Us
Questions about these Terms? Contact us:
- Email: contact@arkenvalestudios.com