Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of arismaticstudios.com, our text messaging programs, and the services provided by Arismatic Studios LLC (“Arismatic Studios,” “we,” “us,” or “our”). By using our website, subscribing to our messages, or engaging us for services, you agree to these Terms.

Arismatic Studios LLC
New Port Richey, Florida, United States
hello@arismaticstudios.com

Services

Arismatic Studios provides fractional technical direction, custom software development, and automation consulting for audio and media companies.

The specific scope, deliverables, timeline, and fees for any engagement are set out in a separate written proposal, statement of work, or agreement between us and the client. Where that written agreement conflicts with these Terms, the written agreement controls for that engagement.

Nothing on this website is an offer to perform work, and no engagement begins until both parties have agreed to it in writing.

Use of the website

You may use this website for lawful purposes only. You agree not to:

• attempt to disrupt, overload, or gain unauthorized access to the site or its underlying systems;
• scrape, harvest, or systematically extract content except as permitted by these Terms;
• use the site to transmit malicious code or unlawful material; or
• misrepresent your affiliation with Arismatic Studios.

We may modify, suspend, or discontinue any part of the website at any time without notice.

Client responsibilities

Where we are engaged to perform work, the client agrees to:

• Provide timely access. Supply the accounts, credentials, systems access, and information we need to perform the work, and keep that access current for the duration of the engagement.
• Provide timely decisions and feedback. Respond to questions and review deliverables within the timeframes agreed in the engagement. Delays in access, decisions, or feedback shift the schedule accordingly.
• Hold the necessary rights. Ensure that any content, data, code, or third-party materials supplied to us may lawfully be used for the purposes of the engagement.
• Maintain your own backups. Keep independent backups of any system we are asked to modify.
• Comply with applicable law. Use the deliverables in a lawful manner, including in respect of any messaging, privacy, or data protection obligations that apply to your own customers.

Payment

Fees, rates, and the invoicing schedule are set out in the applicable written agreement. Unless that agreement states otherwise:

• Invoices are payable within 15 days of the invoice date.
• Fees are stated in US dollars and are exclusive of any applicable taxes, which are the client’s responsibility.
• Work may be paused on accounts that remain unpaid more than 30 days past due, after written notice.
• Deposits and retainer fees are non-refundable once work on the corresponding period has begun, except where required by law.
• Third-party costs — hosting, licenses, API usage, and similar pass-through expenses — are the client’s responsibility unless the written agreement says otherwise.

SMS terms

This section governs text messages sent by Arismatic Studios LLC. It applies in addition to the rest of these Terms.

Consent. We send text messages only to individuals who have given prior express consent to receive them. Consent is not a condition of purchasing any service.

Types of messages you will receive. Subscribers may receive:

• appointment and scheduling confirmations and reminders;
• project and status updates related to active work;
• service, support, and account notifications; and
• replies to enquiries you have sent us.

We do not send marketing or promotional text messages.

Automated replies. Replies to your messages may be generated by an automated assistant rather than written by a person, and may be inaccurate or incomplete. Automated replies are not professional advice and should not be relied on as a commitment by Arismatic Studios. To reach a person directly, email hello@arismaticstudios.com. How message content is processed to generate these replies is described in our Privacy Policy.

Message frequency. Message frequency varies depending on the work in progress and on your interactions with us.

Cost. Message and data rates may apply. These charges come from your mobile carrier and are not charged by Arismatic Studios.

How to get help. Reply HELP to any message from us, or email hello@arismaticstudios.com, for assistance with a messaging program.

How to opt out. You may cancel text messages at any time by replying STOP or UNSUBSCRIBE to any message you receive from us. After you do, we will send a single confirmation that you have been unsubscribed, and you will receive no further text messages from us. You may also opt out by emailing hello@arismaticstudios.com. To rejoin, sign up again as you did the first time.

Carrier liability. Carriers are not liable for delayed or undelivered messages.

Privacy. Mobile information is handled in accordance with our Privacy Policy. No mobile information is shared with third parties or affiliates for marketing or promotional purposes.

Intellectual property

Our website and materials. The content, design, text, graphics, and marks on this website are owned by Arismatic Studios LLC and are protected by applicable intellectual property law. You may view and share the content, but you may not reproduce, republish, or use it commercially without our prior written permission.

Work product. Ownership of deliverables produced during an engagement is set out in the applicable written agreement. Unless that agreement says otherwise, ownership of custom deliverables transfers to the client on full payment.

Retained materials. We retain ownership of our pre-existing tools, libraries, frameworks, and general know-how used to produce the deliverables, and of any general skills, techniques, or knowledge gained during the engagement. Where such materials are embedded in a deliverable, the client receives a perpetual, non-exclusive, royalty-free license to use them as part of that deliverable.

Disclaimer of warranties

The website and its content are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

We do not warrant that the website will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

Services performed under a written agreement are covered by whatever warranties that agreement states, and by no others. We do not warrant any outcome, result, revenue, or performance improvement from work we perform.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

Limitation of liability

To the maximum extent permitted by law, Arismatic Studios LLC and its members, officers, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or relating to the website, our messages, or our services — whether based in contract, tort, negligence, strict liability, or any other theory, and even if we have been advised of the possibility of those damages.

Our total aggregate liability arising out of or relating to these Terms will not exceed the greater of (a) the total fees paid by you to Arismatic Studios in the six months preceding the event giving rise to the claim, or (b) one hundred US dollars ($100).

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

Indemnification

You agree to indemnify and hold harmless Arismatic Studios LLC from any claims, damages, losses, and reasonable legal fees arising out of your breach of these Terms, your misuse of the website, or your unlawful use of any deliverable.

Term and termination

Either party may terminate an engagement in accordance with the applicable written agreement. On termination, the client remains responsible for fees for work performed and for expenses committed before the termination date. Sections of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.

Governing law and venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law rules. Any dispute arising out of or relating to these Terms or our services will be brought exclusively in the state or federal courts located in Pasco County, Florida, and both parties consent to the jurisdiction of those courts.

Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Continued use of the website or our services after a change takes effect means you accept the revised Terms. Material changes affecting an active engagement will be communicated directly.

Contact

Questions about these Terms:

Arismatic Studios LLC
New Port Richey, Florida, United States
Email: hello@arismaticstudios.com