Terms & Conditions.
-
The terms “we,” “us,” and “our” refer to The FAE Studio and the terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
-
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions of Use. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Programs, Products and Services and other information are subject to change.
-
Our Limited License to You. Our Programs, Products, and Services and all the Program Materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This is the grant of a license, not a transfer of title. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Program Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions of Use.
If you purchase or access any of our Program Materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorised by us.
You are being granted a limited license to use our Program, Products and Services, and Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Service from our Website or otherwise, you are purchasing the limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified in these Terms and Conditions of Use.
Permissive Use. Permission is granted to temporarily download one copy of the materials (information or software) on Company's website for personal, non-commercial transitory viewing only. You are permitted to use our Programs, Products, Services and Program Materials as follows:
You are permitted to download and/or print free resources from our Website or e-mail correspondence, e-newsletters, or other publicly shared information that are NOT a part of any paid Program, Product or Service for your own personal or business use, but only provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the website page(s) from which the information was obtained.
You may also download and/or print Program Materials for your own personal use.
However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes or use them in your own business use without our express permission, as outlined in detail below.
Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilising these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
Prohibited Use. As a Licensee, you understand and acknowledge that our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorised use. When you enrol in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
You will not engage in improper and/or unauthorised use of our Programs, Products, Services and Program Materials. Improper and unauthorised use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. You may not transfer the materials to another person or 'mirror' the materials on any other server. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.
You may not teach or create a course or program that instructs, models, teaches or demonstrates our methods, in regards to launching online courses, coaching programs or how to create artificial art to make money, or speak publicly of any of the tools that we use in the program or product, whether paid or unpaid, including a beta testing, after participating in any of our Programs, Products, Services or using our Program Materials. You agree that should you create videos, audios, blog posts, handouts, e-mails, e-newsletters, downloadable information products, e-books, books, articles, or any other form of digital or printed media that contain the same or similar words, content, ideas, philosophy, methodology, examples or directions as any of our Programs, Products, and Services, you will engaging in improper and unauthorized use of our unique and valuable assets, exceeding the privileges granted through your limited license, violating these Terms and Conditions of Use, and considered stealing our proprietary information and intellectual property, and we reserve the right to take legal action against you and publicly acknowledge that you stole our assets.
You may not use our materials in the program for any commercial purpose, unless specifically noted like stock images, or for any public display (commercial or non-commercial) unless explicitly provided in these Terms and Conditions of Use.
You may not attempt to decompile or reverse engineer any software contained on Company's website.
You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.
You may not remove any copyright or other proprietary notations from the materials.
You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorised by us through our prior written consent.
You may not engage in improper and/or unauthorised use of our Program Materials or any other information related to our Programs, Products, or Services. Unless otherwise explicitly authorised in these Terms of Use, improper and/or unauthorised use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through our Programs, Products or Services or any other communications provided by us to you promoting or relating to the Programs, Products or Services.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorised use of our Programs, Products or Services or Program Materials as set forth in these Terms and Conditions of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.
You agree and understand that prohibited use, improper and/or unauthorised use may give rise to a civil claim for damages and/or be a criminal offence.
All rights not expressly granted in these terms or any express written license, are reserved by us.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
We reserve the right to immediately remove you from the Website, Program, Product or Service, without refund, if you are caught violating these intellectual property protections.
You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.
-
Our Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.
a. Medical Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
b. Legal and Financial Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.
c. Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health, physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services or Program Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, Products, Services and Program Materials and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
d. Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
e. Technology Disclaimer. We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, tele-seminars, recorded tele-seminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.
-
In order to use the Website, Programs, Products or Services you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to The FAE Studio will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
-
You may use the Website, Programs, Products and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
-
We endeavour to describe and display our Programs, Products and Services as accurately as possible. While we try to be as clear as possible in explaining the Program, Product or Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
-
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
-
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
-
You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Make sure to read all terms and conditions for every font, stock image that you use in regards to creating logos. Some terms and conditions prevent use of certain fonts, images, and illustrations to be used for logos or trademarking without proper licensing through the copyright holder. It is recommended that you seek legal counsel to register copyrights of your work along with assistance and advice in the trademark process.
-
We claim no intellectual property rights over the material you supply to The FAE Studio. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to The FAE Studio remains yours to the extent that you have any legal claims therein. You agree to hold The FAE Studio harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
-
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
-
In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Company's Internet site, even if Company or a Company authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, THE FAE STUDIO IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF YOU CAN LAUNCH HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL (THE FAE STUDIO)’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM (THE FAE STUDIO), AND IF NO PURCHASE HAS BEEN MADE BY YOU AND THE FAE STUDIO’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED £100.
-
The materials appearing on The FAE Studio Website, Programs, Products or Services could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its website are accurate, complete, or current. We may make changes to the materials contained on our Website, Programs, Products or Services at any time without notice. We not, however, make any commitment to update the Materials after they have been delivered to you.
-
We have not reviewed all of the sites linked to our Website, Programs, Products or Services and we are not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user's own risk.
-
The Website, Programs, Products and Services contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with The FAE Studio. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
-
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
-
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
-
All notices, requests, demands, and other communications to The FAE Studio shall be in writing and properly addressed as follows:
(Mailing Address: hello@theFAEstudio.com)
-
This Agreement shall be construed in accordance with, and governed by, the laws of England and Wales, without regard to conflict of law principles. Any disputes arising out of or in connection with this Agreement that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Before initiating any legal action, both parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through good faith mediation. The mediation shall be conducted either online or in a mutually agreed-upon location, using a recognised mediation service. Participation in such mediation shall be a condition precedent to pursuing any other available legal remedy, including arbitration or litigation.
If legal action or other proceeding are required to enforce this Agreement or address any breach, the prevailing party shall be entitled to recover reasonable legal costs and expenses incurred in connection with the dispute.
-
This Agreement constitutes the entire agreement between you and The FAE Studio regarding the services provided and supersedes all prior or contemporaneous agreements, communications, and understandings, whether written or oral.
No waiver of any of provisions of this Agreement shall be deemed a continuing waiver or a waiver of any other provision unless explicitly stated in writing and signed by The FAE Studio. If any part of this Agreement is held to be invalid or unenforceable, the remainder shall remain in full force and effect.
This Agreement s binding upon and inures to the benefit of both parties and their respective successors and passing. You may not transfer or assign your rights under this Agreement without prior written consent from the The FAE Studio.
The FAE Studio Terms & Conditions
of Use for Our Website, Programs, Products, and Services
By visiting theFAEstudio.com, FerlynAElizaga.com or using any of our paid or unpaid programs, products, services, online courses or any information contained on our website (“Programs, Products and Services” or “Service”), you are consenting to these Terms and Conditions of Use for Our Website, Programs, Products and Services (“Terms and Conditions of Use”), which may be revised at any time without notice. By accessing this website (“Website”) and using any of our Programs, Products or Services available through our Site, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The materials contained in this Website and our Programs, Products and Services are protected by applicable copyright and trademark law.
-
Welcome to The FAE Studio (“we,” “us,” or “our”).. These Terms of Service (“ToS” or “Agreement”) govern your access to and use of our creative services, including branding, website design, brand photography, consultations, downloadable resources, courses, templates and related offerings (collectively, the “Services”).
By accessing, using, or interacting with our Services, you (“User,” “you,” or “your”) agree to be legally bound by these ToS and our Privacy Policy, which is incorporated by reference into this Agreement. If you do not agree to these ToS, you must discontinue your use of the Services immediately.
This Agreement forms a legally binding contract between you and The FAE Studio.Please read these ToS carefully. By accepting these ToS and retain a copy for your records.
-
“Account”: The account you create when you register to use our Services.
“Content”: Any and all text, data, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials provided through the Services.
“Data”: Any information, including Personal Data, that you provide or that is collected from you in connection with your use of the Services.
“Personal Data”: Any information relating to an identified or identifiable individual, as defined under applicable privacy laws.
“Third-Party Services”: Any services or products provided by entities other than The FAE Studio that are made available through our Services.
-
By accessing or using the Services, you affirm that you are at least 18 years of age, or the age of majority in your jurisdiction, and are capable of entering into a legally binding agreement. If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these ToS.
-
We reserve the right, at our sole discretion, to modify, update, or change these ToS at any time. Such changes will be effective upon posting the updated ToS on our website or platform. You should review these ToS regularly. Your continued use of the Services after any changes to these ToS constitutes your acceptance of the revised ToS. If you do not agree to the new terms, you must stop using the Services immediately.
-
a. Description of Services
The FAE Studio provides data processing, contact enrichment, calendar management, etc.. These Services are designed to best serve you and you branding journey.
b. Service Availability
While we strive to ensure the continuous availability of our Services, we cannot guarantee that the Services will be uninterrupted or error-free. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice.
-
a. Compliance with Laws
You agree to comply with all applicable laws, regulations, and industry standards when using the Services, including but not limited to privacy, data protection, intellectual property, and export control laws.
b. User Account Responsibilities
Account Information: You agree to provide accurate, current, and complete information when creating your Account and to update such information as necessary.
Security of Account: You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately if you suspect any unauthorised use of your Account.
c. Prohibited Activities
You agree not to:
Use the Services for any illegal, unauthorised, or prohibited purpose.
Infringe on the rights of others, including intellectual property rights.
Interfere with or disrupt the Services, servers, or networks connected to the Services.
Use any automated means (e.g., bots, scrapers) to access or collect data from the Services without our express permission.
Impersonate any person or entity or misrepresent your affiliation with a person or entity.
Use the Services to transmit any malicious software, viruses, or other harmful code.
Engage in any activity that could damage, disable, or impair the functioning of the Services.
-
a. Data Collection and Processing
Personal Data: We collect and process your Personal Data as part of providing the Services. This may include data you provide directly, data we collect automatically, and data we obtain from third-party sources.
Data Enrichment: Your data may be enriched through the Sales Kick platform, which processes your information on our behalf to enhance the accuracy, relevance, and utility of the Services we provide to you.
b. User Consent
By using our Services, you consent to:
The collection, processing, and sharing of your data as described in these ToS and our Privacy Policy.
The use of your data for the purpose of improving, customising, and optimising the Services, including through data enrichment and calendar management.
The transfer of your data to and from third-party service providers, as necessary to deliver the Services.
c. Data Sharing and Disclosure
Subcontractors and Service Providers: We may share your data with subcontractors, who assist us in providing the Services. These parties are bound by confidentiality and data protection obligations and will not use your data for any purpose other than to perform the Services on our behalf.
Legal Compliance: We may disclose your data to comply with legal obligations, such as in response to court orders, legal processes, or government requests.
d. Data Security
Security Measures: We implement reasonable security measures to protect your data from unauthorised access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
User Responsibilities: You are responsible for safeguarding the device and network through which you access the Services. You should ensure that your software and systems are up to date and that you take appropriate precautions to protect your data.
-
a. Ownership
All intellectual property rights in the Services, including but not limited to software, content, trademarks, and logos, are owned by The FAE Studio or its licensors. Your use of the Services does not grant you any rights to our intellectual property, except for the limited rights necessary to use the Services in accordance with these ToS.
b. License to Use the Services
Subject to your compliance with these ToS, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.
c. Restrictions
You may not:
Copy, modify, distribute, sell, or lease any part of our Services or included software.
Reverse engineer or attempt to extract the source code of any software used in the Services, except as expressly permitted by applicable law.
Use any of our intellectual property, including trademarks, logos, or content, without our express written consent.
-
a. User Representations and Warranties
You represent and warrant that:
Authority: You have the legal authority to enter into and comply with these ToS.
Accuracy of Information: All information you provide in connection with your use of the Services is accurate, complete, and current.
Compliance with Laws: You will comply with all applicable laws, regulations, and industry standards in your use of the Services.
No Infringement: Your use of the Services does not and will not infringe on the intellectual property, privacy, or other rights of any third party.
No Harmful Activities: You will not engage in any activity that is harmful to us, our other users, or the general public, including the transmission of viruses, malware, or other harmful code.
b. Third-Party Client Representations and Warranties
The FAE Studio represents and warrants that:
Compliance with Laws: We will comply with all applicable laws, including data protection and privacy laws, in providing the Services.
No Conflict: Our provision of the Services does not and will not conflict with any other agreement or legal obligation to which we are subject.
Data Security: We will implement reasonable security measures to protect your data and ensure that our subcontractors, comply with applicable data protection obligations.
Service Continuity: We will make commercially reasonable efforts to ensure the continuous availability of the Services, subject to the limitations set forth in these ToS.
c. Disclaimer of Warranties
Except as expressly provided in these ToS, the Services are provided "as-is" and "as-available" without any warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranties arising from course of dealing, course of performance, or usage in trade.
-
a. Exclusion of Damages
To the fullest extent permitted by law, The FAE Studio and their affiliates, officers, agents, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or use, arising out of or related to your use of the Services, even if advised of the possibility of such damages.
b. Cap on Liability
In no event shall the total liability of The FAE Studio and their affiliates to you for all claims arising out of or related to these ToS or your use of the Services exceed the amount you paid to us for the use of the Services in the 12 months preceding the claim.
c. No Liability for Third-Party Services
We are not responsible for any Third-Party Services made available through the Services. Your use of Third-Party Services is at your own risk, and we make no representations or warranties regarding such services.
-
You agree to indemnify, defend, and hold harmless The FAE Studio and their affiliates, officers, agents, employees, partners, and licensors from any claim, demand, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
Your use of the Services.
Your breach of these ToS or violation of any applicable laws or the rights of a third party.
Any claims that your use of the Services infringes the intellectual property rights of a third party.
Any data or content you provide or create through the Services.
-
a. Termination by You
You may terminate your use of the Services at any time by ceasing to use the Services and, if applicable, closing your Account.
b. Termination by Us
We reserve the right to suspend or terminate your access to the Services at any time, without notice or liability, for any reason, including if we believe you have violated these ToS or engaged in unlawful behavior.
c. Effects of Termination
Upon termination of your access to the Services, your right to use the Services will immediately cease. Any provisions of these ToS that by their nature should survive termination will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
-
a. Governing Law
These ToS and any disputes or claim arising out of or in connection with them or the Services shall be governed by and construed in accordance with the laws of England and Wales.
b. Dispute Resolution
Both parties agree to attempt in good faith to resolve any dispute or claim arising under these Terms through informal negotiation. If the matter is not resolved within 30 days, either party may refer the dispute to medication using a mutually agreed UK-based mediator.
If this dispute cannot be resolved through mediation, it shall be subject to the exclusive jurisdiction of the courts of England and Wales.
-
a. Entire Agreement
These ToS, together with our Privacy Policy, constitute the entire agreement between you and The FAE Studio concerning the Services and supersede any prior agreements, whether written or oral.
b. Severability
If any provision of these ToS is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these ToS and shall not affect the validity and enforceability of any remaining provisions.
c. Waiver
No waiver of any term of these ToS shall be deemed a further or continuing waiver of such term or any other term, and The FAE Studio’s failure to assert any right or provision under these ToS shall not constitute a waiver of such right or provision.
d. Assignment
You may not assign your rights or obligations under these ToS without our prior written consent. We may assign our rights and obligations under these ToS without restriction.
e. Force Majeure
We shall not be liable for any failure or delay in our performance under these ToS due to causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, supply chain disruptions, pandemics, power outages, or governmental restrictions.
f. Headings
The headings used in these ToS are for convenience only and have no legal or contractual effect.
g. Contact Information
For any questions or concerns regarding these ToS, please contact us at hello@theFAEstudio.com.
The FAE Studio Terms of Service
Effective Date: 4 May 2025