Terms of Service

1. Our Services

YNCO Studio provides custom creative and digital services that may include:

• Web design and user interface design;
• Website development and implementation;
• User experience design;
• Interactive and motion design;
• Creative direction;
• Digital design services;
• Website strategy and related consulting;
• Other services specifically described in a project proposal or agreement.

The exact scope, deliverables, price, timeline, and project-specific conditions will be defined in the applicable proposal, statement of work, quotation, or service agreement (“Project Agreement”).

2. Project Agreements

Each client project may be governed by a separate Project Agreement.

If there is a conflict between these Terms and a signed Project Agreement, the Project Agreement will control for matters specifically addressed in that agreement.

These Terms continue to apply to matters not specifically modified by the Project Agreement.

3. Proposals and Project Acceptance

A project is considered accepted when one or more of the following occurs:

• The client signs the applicable Project Agreement;
• The client provides written approval of the proposal;
• The client makes the initial payment or deposit stated in the proposal.

Unless otherwise stated, proposals may have an expiration date and may be revised if accepted after that period.

Work does not normally begin until the required initial payment has been received and the client has provided the materials reasonably necessary to begin the project.

4. Fees and Payments

Project fees are stated in the applicable Project Agreement.

Payments may be required in milestones, installments, or as otherwise agreed.

Unless otherwise stated:

• Payments are due according to the schedule in the Project Agreement;
• Work may be paused if a payment becomes overdue;
• Final deliverables may be withheld until all outstanding amounts have been paid;
• Payment processing, currency conversion, and banking services may be provided by third-party providers such as Stripe.

Payments may be invoiced in BRL, USD, EUR, or another agreed currency.

The amount displayed on the applicable invoice or checkout page is the amount due from the client.

5. Taxes and Third-Party Charges

Each party is responsible for taxes for which it is legally liable.

Unless specifically included in the Project Agreement, project fees do not include third-party costs such as:

• Domain registration;
• Website hosting;
• Paid fonts;
• Stock photography or video;
• Premium plugins;
• Third-party APIs;
• SaaS subscriptions;
• Advertising spend;
• Third-party software licenses.

Where appropriate, these costs will be disclosed before being incurred on the client's behalf.

6. Client Responsibilities

The client agrees to provide, within a reasonable timeframe:

• Accurate project information;
• Written feedback and approvals;
• Brand assets;
• Text, images, and other required content;
• Access credentials when reasonably required;
• Any other material necessary to complete the agreed work.

The client is responsible for reviewing deliverables and identifying material errors or requested changes during the review stages.

Delays in providing content, feedback, approvals, or access may result in corresponding changes to the project schedule.

7. Content Provided by the Client

The client represents that it has the necessary rights, licenses, and permissions to use any content provided to YNCO Studio.

This includes, where applicable:

• Logos;
• Images;
• Videos;
• Text;
• Fonts;
• Trademarks;
• Brand materials;
• Data and other intellectual property.

YNCO Studio is not responsible for infringement claims arising from materials supplied or specifically requested by the client, except to the extent required by applicable law.

8. Revisions

The number and scope of revisions included in a project will be defined in the Project Agreement.

A revision means a reasonable modification to work already developed within the approved scope.

Requests that materially alter the approved concept, functionality, structure, or scope may be treated as additional work and quoted separately.

9. Scope Changes

Any request outside the agreed project scope may require:

• An additional fee;
• A revised timeline;
• A new proposal or written change approval.

YNCO Studio will communicate material scope changes before proceeding with additional billable work.

10. Timelines

Any timeline provided by YNCO Studio is based on the scope and information available when the project is scheduled.

We will make reasonable efforts to meet agreed deadlines.

However, project dates may change due to circumstances including:

• Delayed client feedback or approvals;
• Changes to project scope;
• Missing client materials;
• Third-party platform issues;
• Technical dependencies;
• Events reasonably outside YNCO Studio's control.

If a fixed deadline is essential, it must be expressly identified and accepted in the Project Agreement.

11. Third-Party Services

YNCO Studio may use third-party services in providing its work, including hosting providers, development platforms, payment processors, APIs, software tools, and infrastructure providers.

Third-party services are governed by their own terms and availability.

YNCO Studio cannot guarantee the uninterrupted availability or continued functionality of services controlled by third parties.

Where a client maintains its own accounts with third-party providers, responsibility for those accounts remains with the client.

12. Artificial Intelligence and Assisted Tools

YNCO Studio may use professional software, automation, and AI-assisted tools as part of research, ideation, development, quality assurance, or internal workflows.

Such tools do not replace YNCO Studio's responsibility for the work delivered to the client.

Confidential or restricted client information will be handled in accordance with the applicable Project Agreement and our Privacy Policy.

Where a project requires specific restrictions regarding AI-assisted tools, these must be agreed in writing before the relevant information is provided.

13. Intellectual Property

Unless otherwise stated in the Project Agreement:

Client-provided materials remain the property of the client or their respective owners.

YNCO Studio's pre-existing materials, including internal systems, methods, processes, reusable components, know-how, templates, tools, and general techniques, remain the property of YNCO Studio or their respective licensors.

Upon receipt of full payment, the client receives the rights to the final project deliverables specified in the Project Agreement.

No transfer of intellectual property rights occurs until all amounts due for the applicable work have been paid in full.

Third-party assets remain subject to their respective licenses.

14. Portfolio and Promotional Use

Unless confidentiality has been agreed in writing, YNCO Studio may display completed and publicly released work for purposes including:

• Portfolio presentation;
• Case studies;
• Social media;
• Award submissions;
• Marketing and promotion of YNCO Studio.

We will not intentionally disclose confidential business information merely for promotional purposes.

If the client requires the project to remain confidential or subject to an NDA, this must be agreed in writing.

15. Website Launch and Maintenance

Unless expressly included in the Project Agreement, ongoing maintenance, content updates, hosting management, monitoring, security maintenance, and future compatibility updates are not included indefinitely in the original project fee.

Any post-launch services may be provided under a separate agreement or support arrangement.

16. Performance and Business Results

YNCO Studio aims to create thoughtful, high-quality digital experiences based on the agreed project objectives.

However, we do not guarantee specific commercial outcomes, including:

• Increased sales;
• Increased revenue;
• A specific conversion rate;
• Search engine rankings;
• Traffic levels;
• Number of leads;
• User engagement metrics;
• Financial performance.

Business results may depend on factors outside our control, including the client's offer, pricing, marketing, traffic, market conditions, and business operations.

17. Cancellation and Refunds

Cancellation and refund conditions may be further defined in the applicable Project Agreement and YNCO Studio's Cancellation & Refund Policy.

In general:

• Fees corresponding to work already performed are non-refundable;
• Approved third-party costs already incurred may be non-refundable;
• The treatment of advance payments for work not yet performed will depend on the applicable Project Agreement, the circumstances of cancellation, and applicable law;
• If YNCO Studio cancels a project without cause before completing paid work, any amount corresponding to work that will not be performed will be handled appropriately.

Nothing in these Terms limits any cancellation, refund, withdrawal, or consumer right that cannot legally be waived under applicable law.

18. Project Suspension

YNCO Studio may temporarily suspend work if:

• Required payments are overdue;
• Required client materials have not been provided;
• Client feedback or approvals are substantially delayed;
• Continuing the project would violate applicable law or third-party platform rules.

Where reasonably possible, we will notify the client before suspension.

19. Termination for Cause

Either party may terminate an engagement if the other party materially breaches the applicable agreement and does not remedy that breach within a reasonable period after written notice, where remediation is possible.

YNCO Studio may immediately terminate an engagement involving unlawful, fraudulent, abusive, or clearly harmful activity.

20. Confidentiality

Each party agrees to use reasonable care when handling non-public confidential information received in connection with a project.

Confidentiality obligations may be supplemented by a separate NDA or Project Agreement.

Information that is publicly available, independently developed, or lawfully obtained from another source is not considered confidential solely because it relates to the project.

21. Subcontractors and Collaborators

YNCO Studio may engage trusted independent professionals, collaborators, or service providers when reasonably necessary to perform project work.

YNCO Studio remains responsible for managing the contracted project relationship with the client.

Any handling of personal information by service providers is also subject to our Privacy Policy and applicable data protection obligations.

22. Disclaimer of Warranties

To the maximum extent permitted by applicable law, services are provided according to the specifications agreed in the applicable Project Agreement.

We do not warrant that every website, third-party integration, or online service will operate indefinitely without interruption, errors, or changes caused by external platforms, browsers, devices, or third-party providers.

Nothing in this section excludes warranties or statutory protections that cannot legally be excluded.

23. Limitation of Liability

To the maximum extent permitted by applicable law, YNCO Studio will not be liable for indirect, incidental, consequential, or special losses arising from the services, including loss of profits, business opportunities, or data, except where such limitation is prohibited by law.

Where liability may lawfully be limited, YNCO Studio's aggregate liability arising from a particular project will not exceed the amount actually paid to YNCO Studio for that project.

Nothing in these Terms limits liability that cannot legally be limited or excluded.

24. Force Majeure

Neither party will be liable for reasonable delays caused by circumstances beyond its reasonable control, including major service outages, natural disasters, government actions, widespread network failures, war, civil disruption, or other comparable events.

The affected party should notify the other when reasonably possible.

25. Applicable Law and Jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil, without prejudice to mandatory rights that may apply under the laws of another jurisdiction.

Where legally permitted, disputes will be submitted to the competent courts of YNCO Studio's place of establishment in Brazil.

Nothing in this provision overrides a jurisdiction, venue, or consumer right that cannot legally be waived.

26. Privacy

Our collection and processing of personal information is described in the YNCO Studio Privacy Policy.

Payment information may also be processed directly by payment providers such as Stripe under their own privacy terms.

27. Updates to These Terms

We may update these Terms to reflect changes in our services, business practices, or legal obligations.

The date of the most recent revision will appear at the top of this page.

Changes will not retroactively alter an already signed Project Agreement unless agreed by the parties or required by law.

28. Contact

Questions regarding these Terms may be sent to:

YNCO Studio
Independent Web Design Studio
Brazil
Email: legal@yncostudio.com
Website: https://yncostudio.com