Terms of Service

Effective Date:

Apr 16, 2025

Welcome to Lunar Studios!

These Terms of Service govern your use of our website and services. By accessing or using our site, you agree to comply with these terms. If you do not agree, you may not use our services.

1. Services Provided

Lunar Studios offers digital design, development, and branding services. All deliverables are created in accordance with the scope of work outlined in the signed contract between Lunar Studios and the Client. Any services, features, or changes that fall outside the agreed scope may require a separate agreement or additional fees.

2. User Responsibilities

The Client is solely responsible for the content, materials, and information provided to Lunar Studios for use in any project. This includes, but is not limited to:

•       Ensuring that all text, images, media, logos, fonts, and other materials supplied to Lunar Studios are legally owned, licensed, or otherwise authorized for use. Lunar Studios is not responsible for any copyright, trademark, or intellectual property infringement resulting from content provided by the Client.

•       Ensuring that all information provided to Lunar Studios is accurate, complete, and up to date. Lunar Studios is not liable for errors, delays, or damages resulting from inaccurate or incomplete information supplied by the Client.

•       Providing timely feedback, approvals, and materials necessary for the completion of the project.

3. Payments

Payments are due according to the terms outlined in the Client’s contract. The following conditions apply to all payments:

•       Late payments may be subject to additional fees, interest, or suspension of services at Lunar Studios’ discretion.

•       All fees paid to Lunar Studios are non-refundable, regardless of project status or cancellation.

•       Lunar Studios reserves the right to withhold deliverables, access, or services until outstanding balances are paid in full.

4. Intellectual Property

4.1 Website Code

All source code, underlying frameworks, and technical architecture developed by Lunar Studios for the Client’s website remain the intellectual property of Lunar Studios. The Client is granted a license to use this code for the duration of their active service agreement.

4.2 Code Buyout Option

The Client may purchase full ownership of the code after three (3) months of active service. The buyout cost is equivalent to twelve (12) months of the Client’s current monthly service fee, with a ten percent (10%) discount applied after the first year of service. Upon full payment of the buyout fee, Lunar Studios will transfer ownership of the code to the Client. If the code needs further service to work outside of our systems that could lead to additional charges.

4.3 Client Content

All images, text, branding assets, and other content provided by the Client, or created specifically for the Client as part of the deliverables (excluding the underlying code), remain the property of the Client.

4.4 Lunar Studios Intellectual Property

The Client may not copy, modify, reverse-engineer, distribute, or create derivative works from Lunar Studios’ intellectual property, including source code, internal tools, templates, or proprietary systems, without express written permission from Lunar Studios.

5. Domain Management

Lunar Studios may manage domain registration, DNS, and related services on behalf of the Client. However, Lunar Studios does not own the Client’s domain. Domains can be transferred to the Client or a third party upon written request. Additional assistance with domain transfers, DNS configuration, or related services beyond standard management may be subject to additional fees.

6. Portfolio and Promotional Use

Lunar Studios reserves the right to showcase completed projects in our portfolio, case studies, social media, marketing materials, and other promotional channels. This includes the use of the Client’s name, logo, screenshots, and project details for the purpose of demonstrating our work. If the Client wishes to opt out, they must notify Lunar Studios in writing.

7. Acceptable Use

The Client agrees not to use Lunar Studios’ services for any unlawful, unauthorized, or prohibited purposes. This includes, but is not limited to:

•       Engaging in illegal activities or violating any applicable local, state, federal, or international laws.

•       Distributing malicious code, malware, or engaging in activities that compromise the security of Lunar Studios’ systems or third-party systems.

•       Copying, modifying, or distributing Lunar Studios’ intellectual property without express written permission.

•       Using deliverables to harass, defame, or harm others.

8. Limitation of Liability

To the fullest extent permitted by law, Lunar Studios is not liable for:

•       Indirect, incidental, consequential, special, or punitive damages arising out of or related to the use of our services or deliverables.

•       Losses resulting from Client misuse of deliverables, unauthorized modifications, or third-party interference.

•       Downtime, data loss, or service interruptions caused by third-party providers, hosting services, or events beyond our reasonable control.

In no event shall Lunar Studios’ total liability exceed the total amount paid by the Client for the specific service giving rise to the claim.

9. Termination

Lunar Studios reserves the right to suspend or terminate services immediately if the Client breaches these Terms, fails to meet payment obligations, or engages in conduct that Lunar Studios determines to be harmful, unlawful, or disruptive. Upon termination:

•       All outstanding fees remain due and payable.

•       Access to deliverables, hosting, and managed services may be revoked.

•       Lunar Studios retains ownership of any code, systems, or intellectual property as outlined in Section 4.

10. Changes to These Terms

Lunar Studios may update or revise these Terms at any time. Updates will be posted with a revised effective date. Continued use of our services after any changes constitutes the Client’s acceptance of the revised Terms. Clients are encouraged to review these Terms periodically.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to its conflict of law provisions.

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