Terms & Conditions

These Terms and Conditions ("Terms") govern your use of the Tilted Chair Creative LLC website located at tiltedchaircreativetx.com (the "Website") and the creative services provided by Tilted Chair Creative LLC ("Company," "we," "us," or "our"). By accessing or using this Website, or by engaging us for creative services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use this Website or engage our services.

Your access to and use of this Website constitutes your acceptance of these Terms. These Terms apply to all visitors, users, and others who access or use the Website. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Website following any changes constitutes your acceptance of the revised Terms. The most current version of these Terms will always be available on this page.

"Company" refers to Tilted Chair Creative LLC, located at 10117 Willfield Dr, Austin, TX 78753. "Client" refers to any individual or entity that engages the Company for creative services. "Services" refers to any creative, advertising, marketing, design, video production, photography, web development, or consulting services provided by the Company. "Deliverables" refers to the finished creative work, designs, videos, photographs, websites, or other tangible outputs produced by the Company for a Client. "Project" refers to a specific engagement between the Company and a Client for defined Services. "Proposal" refers to a written document outlining the scope, deliverables, timeline, and investment for a Project.

This Website is intended for use by individuals who are at least 18 years of age. By using this Website or engaging our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are engaging our services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

You may use this Website for lawful purposes only. You agree not to use this Website in any way that violates applicable laws or regulations, infringes on the rights of others, transmits harmful or malicious content, attempts to gain unauthorized access to any part of the Website or its systems, or interferes with the normal operation of the Website. We reserve the right to terminate or restrict your access to the Website at any time for any reason without notice.

The Company provides creative services including but not limited to brand strategy, branding and visual identity design, advertising campaign development, video production, photography, graphic design, web design and development, digital marketing, and marketing consulting. All services are subject to a written Project agreement or Proposal that specifies the scope of work, deliverables, timeline, and fees. These Terms are incorporated into and supplemented by any such Project agreement.

When the Company provides advertising or marketing services, including digital advertising, paid social, or search advertising, the Client acknowledges that advertising results are inherently variable and are not guaranteed. The Company will apply professional skill and judgment to campaign development and management, but cannot guarantee specific results, including but not limited to click-through rates, conversion rates, sales, or return on advertising spend. Media spend and platform fees are separate from the Company's service fees and are subject to the Client's direct agreement with advertising platforms.

Each Project will be governed by a written Proposal or Project agreement that defines the scope of work, deliverables, timeline, and fees. Changes to the agreed scope of work may require a written change order and may result in additional fees and timeline adjustments. The Company reserves the right to decline requests for work that falls outside the agreed scope without a formal change order.

Proposals prepared by the Company represent the Company's good-faith estimate of the scope, timeline, and investment required for a Project based on information available at the time of proposal. Proposals are valid for 30 days from the date of issuance unless otherwise specified. Acceptance of a Proposal by the Client constitutes agreement to the scope, timeline, and fees described therein, subject to these Terms.

The Client is responsible for providing accurate and complete information necessary for the Company to perform the Services, including business information, brand assets, content, feedback, and approvals. Delays caused by the Client's failure to provide required information, materials, or approvals in a timely manner may result in timeline extensions and additional fees. The Client is responsible for reviewing all deliverables and providing timely, consolidated feedback during the revision process.

The Client represents and warrants that all materials provided to the Company — including logos, images, copy, data, and other content — are owned by the Client or that the Client has the necessary rights and permissions to use such materials and to authorize the Company to use them in connection with the Project. The Client agrees to indemnify and hold harmless the Company from any claims arising from the use of Client-provided materials.

All creative work, designs, concepts, strategies, and other intellectual property developed by the Company during the course of a Project remain the property of the Company until full payment has been received. Upon receipt of full payment, ownership of the agreed final deliverables transfers to the Client as specified in the Project agreement. The Company retains ownership of all underlying tools, processes, methodologies, templates, and pre-existing intellectual property used in the development of deliverables.

Upon receipt of full payment for a Project, the Company assigns to the Client ownership of the agreed final deliverables as specified in the Project agreement. This assignment does not include the Company's underlying tools, processes, methodologies, software, templates, or pre-existing intellectual property. The scope of ownership transfer is limited to what is expressly described in the Project agreement.

The Company retains ownership of all pre-existing intellectual property, including but not limited to design templates, code libraries, creative frameworks, strategic methodologies, and tools developed independently of any specific Client project. Use of pre-existing materials in a Client project does not transfer ownership of those materials to the Client.

Some deliverables may incorporate third-party materials, including stock photography, licensed fonts, stock video, icons, software components, or other licensed assets. The use of such materials is subject to the applicable third-party licenses. The Company will identify any significant third-party materials used in deliverables. The Client is responsible for complying with applicable third-party license terms.

The number of revision rounds included in a Project is specified in the Project agreement or Proposal. Revisions are defined as reasonable modifications to the approved creative direction within the agreed scope. Requests for new creative directions, significant scope changes, or revisions beyond the agreed number may be subject to additional fees. The Company will notify the Client if a revision request is expected to result in additional charges.

The Client is responsible for reviewing and approving deliverables at each stage of the Project. Written approval (including email) constitutes the Client's acceptance of the work at that stage. Once a deliverable has been approved and production has advanced, requests for changes may be subject to additional fees. The Client acknowledges that approval of creative work confirms the Client's satisfaction with that work.

Project timelines are established in the Project agreement or Proposal and are contingent on the Client providing required information, materials, feedback, and approvals in a timely manner. The Company will make reasonable efforts to meet agreed timelines but cannot guarantee delivery dates where timelines are affected by factors outside the Company's control, including Client delays, third-party vendor delays, or force majeure events.

If a Project is delayed due to the Client's failure to provide required information, materials, approvals, or payments, the Company may adjust the project timeline accordingly and may charge a restart fee if the Project is placed on hold for an extended period. Delays caused by the Company will be communicated to the Client promptly, and the Company will make reasonable efforts to minimize any impact on the agreed timeline.

Project fees are specified in the Project agreement or Proposal. Unless otherwise agreed in writing, payment terms are as follows: a deposit is due upon project initiation, progress payments are due at milestones specified in the Project agreement, and the final balance is due upon completion and prior to final file delivery. The Company reserves the right to pause or suspend work on a Project in the event of non-payment.

Most Projects require a deposit prior to commencement of work. The deposit amount is specified in the Project agreement. Deposits are non-refundable except as specified in the Company's Refund Policy. Payment of a deposit constitutes the Client's acceptance of the Project agreement and these Terms.

The Client is responsible for all applicable taxes related to the purchase of services, including but not limited to sales tax, use tax, or any other taxes imposed by applicable law. The Company will collect applicable taxes where required by law. The Client agrees to provide any necessary tax exemption documentation prior to invoicing if claiming a tax exemption.

Invoices not paid by the due date specified may be subject to a late fee of 1.5% per month on the outstanding balance, or the maximum rate permitted by applicable law, whichever is less. The Company reserves the right to suspend work on any active project in the event of an overdue invoice. The Client is responsible for all costs incurred by the Company in collecting overdue amounts, including reasonable attorney fees.

Either party may cancel a Project by providing written notice to the other party. In the event of cancellation, the Client is responsible for payment of all fees for work completed through the date of cancellation, plus any non-recoverable third-party costs committed on the Client's behalf. Please refer to the Company's Refund Policy for complete information on cancellation and refund eligibility.

The Company reserves the right to suspend services in the event of non-payment, breach of these Terms, or circumstances that make continuation of the Project impractical or inappropriate. The Company will provide reasonable notice of suspension where possible. Suspension of services does not relieve the Client of any payment obligations for work already performed.

The Company reserves the right to display completed work in its portfolio, case studies, website, social media, and marketing materials. This includes the right to describe the nature of the project, the services provided, and the creative approach. The Company will exercise discretion regarding the display of confidential client information. If a Client requires confidentiality regarding a specific project, this must be agreed in writing prior to project commencement.

The Company agrees to treat as confidential any non-public business information provided by the Client in connection with a Project. The Company will not disclose such information to third parties except as necessary to perform the services or as required by law. This obligation does not apply to information that is publicly available, independently developed by the Company, or received from a third party without restriction.

Your use of this Website and our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using this Website or engaging our services, you consent to the collection and use of your information as described in our Privacy Policy.

The Company may use third-party services and vendors in the delivery of its services, including but not limited to hosting providers, software platforms, advertising platforms, and production vendors. The Company is not responsible for the terms, policies, or performance of third-party services. The Client's use of any third-party platform or service is subject to that platform's or service's own terms and policies.

When the Company manages advertising campaigns on third-party platforms (such as Google Ads, Meta Ads, or LinkedIn Ads), the Client acknowledges that such platforms are governed by the platform's own terms of service and advertising policies. The Company cannot guarantee that advertising campaigns will be approved by or remain active on any particular platform, as platform policies may change. Media spend placed on advertising platforms is subject to the platform's billing terms and is separate from the Company's service fees.

Websites developed by the Company are subject to the terms of the applicable Project agreement. The Company builds websites using industry-standard technologies and practices but does not guarantee that websites will be free of all errors or that they will function perfectly on all devices, browsers, or future browser versions. Post-launch support and maintenance are available as a separate engagement.

Unless expressly included in the Project agreement, website hosting and domain registration are the Client's responsibility. The Company may assist with the selection and setup of hosting and domain services but is not responsible for the ongoing management, security, or performance of hosting environments not managed by the Company.

Any search engine optimization services provided by the Company are intended to improve the website's visibility in search engine results through legitimate, industry-standard practices. The Company cannot guarantee specific search engine rankings, as rankings are determined by search engine algorithms that are outside the Company's control and subject to change at any time. Past results in search engine rankings are not a guarantee of future results.

The Company applies professional skill, strategic thinking, and creative expertise to all marketing services. However, marketing outcomes are influenced by many factors outside the Company's control, including market conditions, competitive activity, consumer behavior, platform algorithm changes, and the Client's own business operations. The Company does not guarantee specific marketing results, including but not limited to leads generated, sales made, website traffic, engagement rates, or return on investment.

Nothing in these Terms, any Proposal, or any communication from the Company should be construed as a guarantee of specific business outcomes, marketing results, or creative performance. The Company provides professional services with the goal of achieving the Client's stated objectives, but outcomes are not guaranteed.

The Company may use AI-assisted tools as part of its creative process, including but not limited to ideation, research, drafting, and asset generation. The use of AI tools does not diminish the Company's professional responsibility for the quality, accuracy, and appropriateness of final deliverables. The Client should review all deliverables carefully and notify the Company of any concerns. The use of AI-generated content in deliverables will be disclosed to the Client upon request.

By submitting content through this Website — including contact forms, project inquiry forms, or any other submission mechanism — you grant the Company a non-exclusive license to use that content for the purpose of responding to your inquiry and providing the requested services. You represent and warrant that you have the right to submit such content and that it does not violate any third-party rights or applicable laws.

You agree not to use this Website or our services to engage in any unlawful activity, infringe on intellectual property rights, transmit spam or unsolicited communications, distribute malware or harmful code, impersonate any person or entity, collect personal information without consent, interfere with the Website's operation, or engage in any activity that could damage the Company's reputation or business.

This Website and its content are provided "as is" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the Website will be available at all times, free of errors, or free of viruses or other harmful components. The information on this Website is provided for general informational purposes only and should not be relied upon as professional advice.

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of this Website or our services, including but not limited to lost profits, lost revenue, lost data, or business interruption. In no event shall the Company's total liability to you for all claims arising from or related to a specific Project exceed the total fees paid by you to the Company for that Project.

You agree to indemnify, defend, and hold harmless Tilted Chair Creative LLC and its members, managers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising from your use of this Website, your breach of these Terms, your violation of any third-party rights, or the use of any materials you provide to the Company.

The Company shall not be liable for any delay or failure to perform its obligations under these Terms or any Project agreement to the extent such delay or failure is caused by circumstances beyond the Company's reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, power failures, internet service disruptions, or other events outside the Company's control. The Company will notify the Client of any force majeure event affecting a Project as soon as practicable.

These Terms remain in effect until terminated. Either party may terminate a Project or service engagement as described in the Cancellation section of these Terms. The Company reserves the right to terminate these Terms and your access to the Website at any time for any reason. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, payment obligations, disclaimers, limitation of liability, and indemnification.

These Terms and any disputes arising from or related to your use of this Website or our services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal proceedings arising from or related to these Terms shall be brought in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of such courts.

In the event of a dispute arising from or related to these Terms or any Project agreement, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, the parties may pursue mediation or other dispute resolution methods before initiating litigation. Nothing in this section prevents either party from seeking injunctive or other equitable relief for urgent matters.

The Company reserves the right to modify these Terms at any time. Changes will be effective upon posting to this Website. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

These Terms, together with our Privacy Policy, Refund Policy, and any written Project agreement or Proposal, constitute the entire agreement between you and the Company regarding your use of this Website and our services. These Terms supersede all prior communications, representations, or agreements, whether oral or written, relating to the subject matter hereof.

If you have questions about these Terms, please contact us: Tilted Chair Creative LLC 10117 Willfield Dr Austin, TX 78753 United States Phone: 737-406-8561 Email: contact@tiltedchaircreativetx.com