Legal
Last updated: August 2026 · Effective date: January 1, 2026
These Terms and Conditions ("Terms") form a binding agreement between you and Moxie Creative Studios, doing business as Moxie Creative Studios ("Moxie," "we," "our," or "us"), governing your access to and use of moxiecreativestudios.com and any related subdomains, landing pages, client portals, forms, scheduling links, and communities we operate (together, the "Site").
By accessing the Site, submitting a form, subscribing to our list, booking a call, or purchasing anything from us, you agree to these Terms. If you do not agree, do not use the Site.
Our Privacy Policy and Website Disclaimer are incorporated into these Terms by reference and form part of this agreement.
If you are agreeing to these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
You must be at least eighteen (18) years old and have the legal capacity to enter into contracts to use the Site. By using the Site, you represent that you meet these requirements.
These Terms govern your use of the Site. They do not govern the creative, branding, design, or marketing services we perform for clients.
Any engagement for services is governed exclusively by a separate written agreement, proposal, or statement of work signed by both parties, which controls scope, deliverables, timelines, fees, payment schedules, revision rounds, approval process, ownership and transfer of intellectual property in deliverables, licensing of third party assets, confidentiality, and termination.
Where these Terms conflict with a signed client agreement, the signed agreement controls for that engagement.
Nothing on the Site, including service descriptions, packages, or pricing, constitutes an offer, quote, or contract. No engagement begins until a written agreement is signed and any required deposit is received.
If we provide you with access to a client portal, project management workspace, shared drive, or community space, you agree to:
You agree not to:
Our Content
All content on the Site that belongs to us, including copy, designs, layouts, graphics, photography, video, templates, frameworks, methodologies, processes, logos, and trademarks, is owned by Moxie or licensed to us and is protected by copyright, trademark, and other laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and view Site content for your personal or internal business reference. All other rights are reserved. Any reproduction, distribution, republication, sale, modification, or creation of derivative works without our prior written permission is prohibited.
To request permission, email makingmagic@moxiecreativestudios.com.
Client Work Displayed on the Site
Client names, logos, trademarks, and brand assets shown in our portfolio remain the property of their owners and appear to identify work we performed. Nothing grants you a right to use those marks.
Content You Provide
You retain ownership of materials you submit to us, including brand assets, copy, images, and files. By submitting them, you grant us a non-exclusive, worldwide, royalty-free license to store, reproduce, modify, and display them as needed to operate the Site, respond to your inquiry, and perform any services you engage us for.
You represent that you own or have the necessary rights to everything you provide, and that its use by us will not infringe any third party's rights. You are responsible for confirming that any images, fonts, music, or other assets you supply are properly licensed for the intended use.
Public Submissions
Comments, reviews, testimonials, and posts you make in our public spaces may be displayed, reproduced, and used by us in marketing without compensation or attribution obligation.
Feedback
If you send us ideas, suggestions, or feedback about our services or the Site, we may use them freely without obligation to you. This does not apply to confidential materials provided under a signed client agreement.
If you believe content on the Site infringes your copyright, send a written notice to our designated agent that includes: your contact information, identification of the copyrighted work, identification of the allegedly infringing material and its location on the Site, a statement of good faith belief that the use is unauthorized, a statement under penalty of perjury that the information is accurate and you are authorized to act, and your physical or electronic signature.
Designated Agent: Stephanie Armstrong, Moxie Creative Studios LLC, 30 W Broad St, Suite 503, Rochester, NY 14614, makingmagic@moxiecreativestudios.com
We may remove content and terminate access for repeat infringers.
Pricing and Payment
Prices are listed in U.S. dollars and may change at any time. You are responsible for applicable taxes. Payment is processed by third party processors, and by purchasing you agree to their terms in addition to these Terms.
Order Acceptance
We may refuse or cancel any order, including for suspected fraud, pricing errors, or unauthorized resale.
Access and Delivery
Digital products are delivered electronically to the email address you provide. You are responsible for entering a valid address and for ensuring delivery is not blocked by filters.
Refunds
Digital products and downloads are non-refundable unless expressly stated at the point of purchase. Where a product is described as offering ongoing or "lifetime" access, that means the period during which we continue to offer it, not your lifetime. We may modify or discontinue any product at our discretion.
Payment Plans
If you purchase using a payment plan, you authorize us to charge your payment method on the agreed schedule until the balance is paid. Failure of a payment may result in suspended access. You remain responsible for the full amount.
Chargebacks
Initiating a chargeback without first contacting us to resolve the issue is a breach of these Terms. We may suspend access, recover the disputed amount plus fees, and pursue collection.
If you book a consultation, discovery call, or other appointment, you agree to attend at the scheduled time. Cancellations or reschedules require at least 24 hours notice; repeated no-shows may result in loss of booking privileges; paid consultations are non-refundable within 24 hours of the appointment.
By providing your email address, you consent to receive communications from us electronically, including transactional messages about inquiries, projects, and purchases. You may unsubscribe from marketing email at any time using the link in any marketing message. Unsubscribing does not stop transactional messages relating to an active engagement.
You agree that electronic communications and electronic signatures satisfy any legal requirement that communications or signatures be in writing.
Telephone and text message communications, where applicable, are described in our Privacy Policy.
The Site links to and depends on third party platforms, tools, and services. We do not control them and are not responsible for their content, availability, terms, pricing, security, or performance.
We may participate in affiliate arrangements and earn a commission on purchases made through certain links. We disclose these where required.
We are not liable for outages, policy changes, account suspensions, feature removals, data loss, or price changes by third party providers, including where those events affect work we have performed for you.
The Site and all content are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free.
Additional disclaimers, including those relating to professional advice, trademark clearance, results, and testimonials, are set out in our Website Disclaimer.
To the fullest extent permitted by law, Moxie and its owners, officers, employees, contractors, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to the Site or these Terms, including lost profits, lost revenue, lost data, loss of goodwill, or business interruption, even if advised of the possibility.
To the fullest extent permitted by law, our total aggregate liability arising from or relating to the Site or these Terms will not exceed the greater of one hundred dollars ($100) or the amount you paid us through the Site in the six (6) months preceding the claim.
Liability arising from a client engagement is governed by the limitation of liability provision in the applicable signed client agreement.
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
You agree to indemnify, defend, and hold harmless Moxie and its owners, officers, employees, contractors, and agents from any claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your use of the Site, your violation of these Terms or applicable law, your infringement of a third party's rights, or materials you provide to us.
We may suspend or terminate your access to the Site or any portal, community, or product at any time, with or without notice, for any reason, including violation of these Terms.
Sections relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification, and governing law survive termination.
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.
Before filing any claim, you agree to contact us at makingmagic@moxiecreativestudios.com and attempt to resolve the dispute informally for at least thirty (30) days.
Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Monroe County, New York, and you consent to personal jurisdiction there.
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, power or internet failures, government action, epidemic, or failures of third party platforms or service providers.
Assignment
You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Severability
If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary and the remainder will stay in effect.
Waiver
Our failure to enforce any provision is not a waiver of our right to enforce it later.
No Agency
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Moxie.
Entire Agreement
These Terms, together with the Privacy Policy and Website Disclaimer, constitute the entire agreement between you and Moxie regarding the Site, superseding any prior understandings, except where a signed client agreement applies.
We may update these Terms at any time. The "Last updated" date reflects the current version. Material changes will be communicated by posting a notice on the Site or by email where we have your address. Continued use after changes take effect constitutes acceptance.
Moxie Creative Studios
30 W Broad St, Suite 503
Rochester, NY 14614
Email: makingmagic@moxiecreativestudios.com
Phone: +1 585.649.1717