Terms of Service

Effective Date: May 1, 2024

These Terms of Service ("Terms") constitute a legally binding agreement between Kimera Studio LLC ("Kimera Studio", "we", "us" or "our") and you, the user of our creative services and website located at https://kimera.studio (the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services

1. Services

Kimera Studio provides creative design services to clients. The specific scope of services will be agreed upon between Kimera Studio and each client. We reserve the right to modify or discontinue the Services at any time without notice.

2. Client Responsibilities

Clients are responsible for providing accurate and complete information necessary for Kimera Studio to perform the Services. Clients represent and warrant that all materials they provide to Kimera Studio are owned by the client or the client has all necessary rights to use the materials. Clients will indemnify and hold Kimera Studio harmless from any claims arising from client-provided materials that infringe on third party rights.

3. Intellectual Property

All work product and deliverables created by Kimera Studio for a client shall be owned by the client upon full payment of the applicable fees. Kimera Studio retains ownership of all its pre-existing intellectual property and any general skills, know-how, processes, or other intellectual property developed while performing the Services.

Kimera Studio reserves the right to showcase client projects in its online portfolio and marketing materials, unless the client requests in writing that a project remain confidential.

4. Fees and Payment

Fees for the Services will be specified in a separate agreement between Kimera Studio and each client. Clients agree to pay all fees in a timely manner. Late payments may be subject to interest charges. Kimera Studio reserves the right to suspend work for clients with overdue invoices.

5. Termination

Either party may terminate the Services at any time upon written notice to the other party. The client will be responsible for paying for all Services performed up to the termination date. Any provisions of these Terms that by their nature should survive termination shall survive termination, including without limitation intellectual property provisions, payment obligations, and limitations of liability.

6. Disclaimer of Warranties

The Services are provided "as is" without warranty of any kind, express or implied. Kimera Studio does not warrant that the Services will meet client requirements or that the operation of the Services will be uninterrupted or error-free. Kimera Studio hereby disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Limitation of Liability

In no event shall Kimera Studio be liable for any indirect, incidental, special, consequential or punitive damages, or damages for loss of profits, revenue, data or use, incurred by clients or any third party, even if Kimera Studio has been advised of the possibility of such damages. Kimera Studio's liability for damages shall not exceed the fees paid by the client under these Terms.

8. Indemnification

Clients agree to indemnify, defend and hold harmless Kimera Studio from any claims, losses, liabilities, damages, expenses and costs (including reasonable attorneys' fees) arising from or related to (i) client's use of the Services, (ii) client's violation of these Terms, or (iii) client's violation of any rights of a third party.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law provisions. Any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in Miami-Dade, Florida.

10. Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms constitute the entire agreement between the parties and supersede all prior agreements, representations and understandings. Kimera Studio's failure to exercise a right shall not constitute a waiver of such right. Kimera Studio may assign its rights and obligations under these Terms.

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If you have any questions about these Terms, please contact us at hello@kimera.studio.