TERMS OF USE

Please read these Terms & Conditions (“Terms”) carefully before using the Atelier Créatif website (the “Site”) or engaging our services. By accessing or using the Site or by contracting with Atelier Créatif Agency (“Atelier Créatif,” “we,” “us”), you agree to be bound by these Terms and any additional terms posted or incorporated by reference. If you do not agree, do not use the Site or engage our services.

Scope

These Terms govern your use of the Site (www.ateliercreatifagency.com or other Atelier Créatif domains) and describe general terms that apply to any proposals, agreements, services, or products provided by Atelier Créatif. Specific services are governed by separate agreements (e.g., Master Services Agreement, Statement of Work, Retainer Agreement) between you and Atelier Créatif; to the extent a conflict exists, the written service agreement controls.

Eligibility

You must be at least 18 years old and able to enter into legally binding contracts to use the Site or receive services. By using the Site or requesting services, you represent and warrant that you meet these requirements.

Use of the Site

  • Permitted Use: You may use the Site for lawful purposes and in accordance with these Terms.

  • Prohibited Conduct: You must not (a) use the Site to submit illegal, infringing, defamatory, or harmful material; (b) attempt to access restricted areas of the Site or Atelier Créatif systems; (c) interfere with the Site’s operation; or (d) scrape, mine, or reproduce Site content without written permission.

Intellectual Property

  • Ownership: All content on the Site (design, text, graphics, logos, images, software) is owned or licensed by Atelier Créatif and protected by copyright, trademark, and other intellectual property laws.

  • Limited License: You are granted a limited, non‑exclusive, non‑transferable license to view and use the Site for your personal or internal business purposes. No other rights are granted.

  • Service Deliverables: Ownership and license rights for service deliverables are governed by the written service agreement. Unless otherwise agreed in writing, Atelier Créatif retains ownership of pre‑existing tools, templates, methodologies, and any underlying IP.

Client Content & User Submissions

  • You retain ownership of materials you provide to Atelier Créatif (“Client Content”), but you grant Atelier Créatif a worldwide, royalty-free license to use Client Content as necessary to provide services (including portfolio and marketing use unless restricted in writing).

  • You represent that you have the rights to submit Client Content and that its use by Atelier Créatif will not infringe third‑party rights.

Online Payments & Fees

Payments for services, digital products, or deposits are processed as specified in the applicable service agreement or Site checkout. All fees are non‑refundable except as set forth in an applicable agreement or required by law. Atelier Créatif may suspend services for nonpayment.

External Links & Third‑Party Content

The Site may include links to third‑party sites or resources. Atelier Créatif does not endorse and is not responsible for third‑party content, availability, privacy practices, or terms. Use third‑party sites at your own risk.

Disclaimers

  • No Warranty: The Site and any information provided are offered “as is” and “as available” without warranties of any kind. Atelier Créatif disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non‑infringement, and accuracy of content.

  • Service Results: While Atelier Créatif aims to deliver professional services, we do not guarantee specific results, outcomes, sales, or metrics unless explicitly stated in a signed agreement.

Limitation of Liability

To the maximum extent permitted by law, Atelier Créatif’s aggregate liability for any claim arising from or related to the Site or services is limited to the amounts paid by you to Atelier Créatif for the specific service giving rise to the claim in the 12 months preceding the claim. In no event will Atelier Créatif be liable for indirect, incidental, special, consequential, punitive damages, lost profits, or loss of data.

Indemnification

You agree to indemnify, defend, and hold harmless Atelier Créatif, its officers, employees, contractors, and agents from any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your Client Content, or your use of the Site.

Privacy & Data

Atelier Créatif’s collection and use of personal data is governed by our Privacy Policy. By using the Site or engaging services, you consent to data practices described in that policy. If services involve processing personal data, applicable data processing agreements or addenda will govern those activities.

Confidentiality

Communications through the Site are not confidential. Confidential information shared as part of services will be handled in accordance with the applicable service agreement or signed NDA.

Modifications to Terms or Site

Atelier Créatif may modify these Terms or the Site at any time. Updated Terms will be posted on the Site with a revised “Last Updated” date. Continued use after changes constitutes acceptance.

Termination & Suspension

Atelier Créatif may suspend or terminate access to the Site or services for violation of these Terms or for any reason with notice. Termination does not relieve you of obligations accrued prior to termination, including payment obligations.

Governing Law & Dispute Resolution

These Terms and any disputes arising hereunder are governed by the laws of California. Parties will first attempt good‑faith negotiation/mediation. If unresolved, disputes will be resolved in the state or federal courts located in Newport Beach, CA, or by arbitration if specified in a separate service agreement.

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Entire Agreement

These Terms, plus any applicable service agreements, SOWs, and the Privacy Policy, constitute the entire agreement between you and Atelier Créatif regarding use of the Site and the services referenced herein.

Contact

For questions about these Terms, service agreements, or permissions to use Site content, contact:

Atelier Créatif Agency
nicholle@ateliercreatifagency.com