Terms of Use

Definitions

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between CHIEF STUDIO LTD. T/A MAASSIVE (“Maassive”), a limited liability company organized under the laws of the United Kingdom, and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Maassive’s website: thisismaassive.com (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between Client and Maassive shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Maassive for services rendered shall remain and continue to be an ongoing obligation owed by Client to Maassive. All Services and Deliverables supplied by Maassive are subject to these Terms of Service. Receipt of payment for services constitutes acceptance based on these Terms of Service. Where more than one Client has entered into the Agreement, the Clients shall be jointly and severally liable for all payments of the Fees and performance of all obligations under the Agreement.

Fees

All Services and Deliverables are supplied at the Fees applicable on the website at the time of purchase. Unless otherwise stated, all prices are exclusive of local taxes. Taxes, such as VAT, are payable by the Client.

The Client acknowledges that all payments made to the Client’s account with Maassive are in the ordinary course of the Client’s business; and Maassive receives all payments to the Client’s account on the reasonably held belief that those payments are valid unless the Client advises otherwise in writing; and by accepting any payments on or after the due date for payment, Maassive has not altered its position in reliance on the validity of those payments.

Refunds

Maassive reserves the right to deny refunds at its discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. Should the Client request a refund during the first month of use, all materials produced by Maassive are the company's ownership and are prohibited from being used by the Client in any way. If a refund is deemed appropriate, a 25% fee will be assigned to the remaining billable period. Maassive reserves the right to take appropriate legal actions against the Client for breach of this paragraph.

Information

The Client is responsible for ensuring that any designs, specifications, information, or instructions supplied by the Client are clear and correct in every particular and meet the Client’s requirements and purposes whether the same has been communicated to Maassive. The Client shall indemnify and hold harmless Maassive in respect of any liability, loss, injury, damage, demand, cost, charge, or expense that may be incurred or sustained by Maassive because of or arising directly or indirectly out of any claim in respect of any omission, inaccuracy, ambiguity, or illegibility in respect of any such designs, specifications, or information or otherwise concerning that.

Liability

Any claim by the Client against Maassive regarding the Services or Deliverables supplied must be raised as appropriate for the Services or Deliverables in question. Where Maassive has accepted the Client’s claim, Maassive reserves the right in its discretion to either replace or correct the Services or Deliverables. Suppose Maassive reasonably believes that the Services or Deliverables cannot be replaced or corrected. In that case, Maassive may credit the portion of the Price applicable to those Services and Deliverables.

The total liability of Maassive for all loss arising from any defect or non-compliance of the Services and Deliverables or any other breach by Maassive of its obligations under the Agreement will not in any circumstances exceed the subscription fee for one month.

Maassive will not be liable for any consequential indirect or special damage or loss of any kind; or any loss caused by the Client’s employees, agents, or any other persons whatsoever; or the Client’s use of the Deliverables other than in accordance with any specified assumptions, constraints, and documentation supplied by Maassive; or any alteration made to the Deliverables by anyone other than Maassive (or its authorized agents or subcontractors).

The Client will indemnify Maassive against any claim by the Client’s customers, prospective customers, consultants, competitors, servants, employees, subcontractors, agents, or other persons in respect of any loss arising from any defect in or non-compliance of the Services and Deliverables.

Maassive represents and warrants that all Deliverables shall be prepared to best practice standards; All Deliverables will conform to the specifications and functions outlined in the Agreement; Any samples, illustrations, descriptive material, or specifications made available by Maassive including but not limited to, proposals, preliminary designs, wireframes, prototypes, and estimates of performance are indicative only unless expressly stated otherwise. All samples and documents containing such illustrative or descriptive material shall remain the exclusive property of Maassive and must not be copied, loaned, or transferred by the Client.

Privacy and Confidentiality

The Terms of Service cover the understanding and acceptance, as noted, of certain legal responsibilities which Client and Maassive have with each other concerning their working relationship as Client and authorized Consultancy. During the working relationship, there will be an ongoing exchange of information considered confidential to the interests of the Client and Maassive.

The parties agree that all information relating to clients, products, processes, manufacturing schemes and data, know-how, trade secrets and marketing and business plans relating to that which Client considers and treats as confidential information will be held in confidence by Maassive, its employees, agents, strategic partners, and Representatives and not used except under the Terms of Service nor disclosed to third parties without prior written consent from Client.

The obligations of nondisclosure and non-use shall not apply to the extent that such confidential information was available to the public or becomes available to the public through no fault of Maassive or is released from its confidential status by the prior written consent of the Client.

Maassive agrees to advise its Representatives who need to become aware of Client’s confidential information of the above obligations not to use and not to disclose such confidential information and that it will obligate all such Representatives in like manner in writing involving them in the subject of these Terms of Service.

Professional Conduct

Maassive fosters a professional, respectful, and safe work environment. The Client is an extension of this culture. Maassive expects its employees to treat Clients professionally and respectfully, and we expect our clients to treat our employees professionally and respectfully. Harassment in any form, including abusive and offensive language, demeaning insults, or threats, will not be tolerated by any party.

Maassive will treat all people with dignity and respect and does not and shall not discriminate because of race, color, religion, gender, gender expression, age, national origin, disability, marital status, sexual orientation, or military status in any activities or operations. Maassive expects this same respectful treatment from Clients.

The parties expressly agree, unless required to do so by legal process, that at no time will either Maassive or Client, including Representatives or anyone within a party’s control, make any disparaging statements or representations, either directly or indirectly, whether orally or in writing, including, but not limited to, online or website reviews and statements, to any person whatsoever about the other party, including their employees or contractors. For purposes of this agreement, a disparaging statement or representation is any communication which, if publicized to another, would cause or tend to cause the recipient to question the business condition, integrity, competence, or good character to whom the communication relates.

In addition to the code of conduct policy, it is assumed that the Client will share all relevant communications and marketing materials with Maassive. Review and approve all public relations and marketing materials in a timely manner. Review all public relations and marketing communications for industry compliance standards. Comply with the rules of professional responsibility and ethics that pertain to marketing in the Client’s industry.

Use of Materials for Promotional Purposes

Maassive reserves the right to use public-facing materials created for the Client for Maassive’s promotional purposes. The Client grants Maassive the right to list, reference, or otherwise identify the Client as a Client of Maassive in Maassive’s marketing and promotions.

Document Retention

During the engagement, Maassive will maintain digital copies of all final, client-approved materials (including documents, designs, collateral, electronic communications, etc.) developed by Maassive.

After the conclusion of Maassive's engagement, it becomes the Client's responsibility to retain and archive all files and materials handled and/or produced by Maassive. The Client must comply with any document retention requirements stipulated by the laws of the jurisdiction(s) in which the Client operates.

Exclusions and Limitations of Liability

Maassive provides marketing and communication services based on the Client's information. Maassive shall not be held accountable for the Client's decisions relating to marketing and communication strategies, or the Client’s ability to increase revenue. The Client warrants that all information provided to Maassive is truthful, accurate and non-infringing on third-party rights.

The Client agrees to indemnify, defend, and hold harmless Maassive from all claims brought against Maassive by the Client or third parties arising from the Client's marketing and communications, or the information provided by the Client to Maassive.

Maassive's liability towards the Client is limited to direct damages caused by Maassive's gross negligence or willful misconduct. Maassive shall not be liable for lost profits, consequential, incidental, special, or punitive damages, or any claim related to the infringement of Intellectual Property rights.

Termination

Either Party may terminate their subscription to the Website at any point; however, the subscription will remain in place until the end of the subscription term. Refunds are not applicable or prorated for cancellation before the end of a subscription term.

Dispute Resolution

Any dispute arising from this Agreement will be resolved through arbitration in Maassive's jurisdiction.

Force Majeure

Maassive shall not be held liable for any failure to fulfill its obligations if such failure results from Acts of God, War, Terrorism, Riots, or any other events beyond Maassive's control.

Jurisdiction and Applicable Law

The engagement between Maassive and the Client shall be governed by and construed under Scots Law. Any disputes arising from this engagement will be resolved in Scotland, United Kingdom.

Entire Agreement

The Letter of Engagement and these Terms of Service form the entire agreement between the parties, superseding any previous understandings and agreements, whether oral or written.

Suppose a competent court finds any provision of this agreement invalid, void, or unenforceable. In that case, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.

The Client's acceptance of the Letter of Engagement signifies agreement to the Terms of Service.

The Letter of Engagement can be signed electronically (including by DocSend) and in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument.

Contact Information

For any questions or concerns regarding these Terms of Service, please contact hello@chiefstudio.co.uk