1. Agreement to these terms
These Terms of Service ("Terms") govern your use of Vision Make Studio ("VMS") websites, Client Portal, hosted tools, and services. By purchasing, requesting, accepting, or using VMS services, you agree to these Terms and any written proposal, order, statement of work, service description, or other service-specific terms that apply to your purchase.
If a signed or written service-specific agreement directly conflicts with these Terms, the service-specific agreement controls for that specific service.
2. Services and scope
VMS provides digital business services that may include websites, website refreshes, business audits, local/digital presence work, LinkHub pages, Smart QR tools, content or system setup, recurring care, and other published or quoted services.
The exact scope, deliverables, timing, price, and included revisions depend on the service purchased or quoted. Features described as future, beta, preview, optional, or not yet purchased are not part of your service unless VMS confirms otherwise in writing.
3. Client responsibilities
You agree to provide accurate information and timely access, content, approvals, files, credentials, permissions, and feedback reasonably needed to perform the work. You represent that you have the right to provide any content, images, trademarks, account access, or other materials you give VMS.
You remain responsible for the legality, accuracy, and rights associated with your business content and for maintaining secure control of your own accounts. Delays in providing required information or approvals may delay delivery.
4. Client Portal and account access
Client Portal access is provided only to authorized VMS clients and approved users. You must not attempt to access another client's information or bypass security controls. Passwordless sign-in links, email access, and any other authentication method must be kept secure.
VMS may suspend or restrict access when reasonably necessary for security, fraud prevention, nonpayment, account misuse, or termination of the associated service.
5. Pricing, activation fees, and taxes
Current published prices appear on VMS surfaces or in a written quote. Prices may change for future purchases or renewals where permitted, but a catalog change does not retroactively rewrite amounts already agreed for completed purchases unless the applicable subscription or agreement allows a change and proper notice is provided.
Some services may include a one-time activation, setup, onboarding, or implementation fee. Any such fee will be shown before purchase or included in the applicable quote. You are responsible for applicable taxes, government charges, or third-party costs that are clearly disclosed as your responsibility.
6. Payments and subscriptions
Payments may be processed through Stripe or another disclosed provider. By providing a payment method, you authorize charges for the selected service, recurring plan, approved add-on, and applicable disclosed fees.
Recurring services renew according to the billing interval shown at purchase until canceled. You are responsible for keeping payment information current. Failed or disputed payments may result in service restriction or suspension after reasonable attempts to resolve the issue.
7. Cancellation and refunds
Cancellation and refund rules are described in our Refund & Cancellation Policy, which is incorporated into these Terms. Unless a service-specific agreement says otherwise, canceling a recurring subscription stops future renewals after the current paid period; it does not automatically create a prorated refund for time already purchased.
8. Delivery, revisions, and approvals
Estimated delivery dates are targets unless VMS expressly agrees to a guaranteed deadline in writing. Delivery may depend on client response time, third-party platforms, technical constraints, and the scope of requested changes.
Included revisions, if any, are limited to the scope of the purchased service. New features, substantial direction changes, new pages, new integrations, or work outside the agreed scope may require an additional quote.
When VMS asks for approval, you are responsible for reviewing the work reasonably carefully before approval or launch.
9. Hosted VMS tools, LinkHub, and Smart QR
Some VMS services depend on continued hosting or subscription access. If a hosted or recurring service ends, the hosted feature may remain active through the applicable paid-through date and may then be suspended or disabled. Historical records may be retained for business, billing, security, or reactivation purposes as described in the Privacy Policy.
Dynamic links, QR destinations, analytics, menus, Wi-Fi details, or other hosted functions may depend on VMS systems and third-party infrastructure. VMS may make reasonable technical changes needed to maintain security, compatibility, or reliability.
10. Third-party services
VMS may configure or work with third-party platforms such as hosting providers, domain registrars, Google services, social networks, payment processors, booking systems, email tools, or other vendors. VMS does not control those providers and is not responsible for outages, policy changes, suspensions, price changes, data loss, or other acts caused solely by a third party.
You may be responsible for maintaining separate third-party subscriptions, licenses, or accounts when clearly identified as part of the service.
11. Ownership and intellectual property
You keep ownership of content and materials you provide to VMS. After full payment for the applicable project, you receive the rights to final custom deliverables expressly created for you to the extent VMS has the authority to grant those rights.
VMS keeps ownership of its pre-existing tools, templates, software, systems, workflows, know-how, reusable code, internal methods, and general design components, including improvements to those materials. Third-party components remain subject to their own licenses.
VMS will not publicly use your confidential client materials as portfolio or promotional content without permission or another valid basis to do so.
12. Acceptable use
You may not use VMS services for unlawful, fraudulent, deceptive, abusive, infringing, malicious, or security-harming activity. VMS may refuse, suspend, or terminate work that reasonably appears to violate law, third-party rights, platform rules, or these Terms.
13. Results and warranties
VMS works to provide practical, professional services, but business outcomes depend on many factors outside VMS control. Unless expressly guaranteed in a written service agreement, VMS does not guarantee search ranking, revenue, sales, review volume, lead volume, social growth, platform approval, uptime of third-party services, or any particular business result.
To the maximum extent permitted by law, services are provided without warranties beyond those expressly stated in writing.
14. Limitation of liability
To the maximum extent permitted by law, VMS will not be liable for indirect, incidental, special, punitive, or consequential damages, lost profits, lost business opportunities, or losses caused by third-party services, client-provided information, unauthorized account access outside VMS control, or use contrary to VMS instructions.
To the maximum extent permitted by law, VMS's aggregate liability arising from a specific paid service will not exceed the amount you paid VMS for that specific service during the six months immediately before the event giving rise to the claim. Some laws do not allow certain limitations, so these limitations apply only to the extent legally permitted.
15. Governing law and disputes
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise. Before filing a formal claim, you and VMS agree to make a reasonable good-faith effort to resolve the issue by contacting the other party.
16. Changes to these terms
VMS may update these Terms for future use as services and laws change. Updates will be posted with a revised effective date. Material changes affecting an active recurring service will be communicated when required by law or the applicable agreement.
Questions about this policy?
Email info@visionmakestudio.com.
