Last updated: 10/10/2025

This Terms of Use Agreement (the "Agreement") constitutes a legally binding agreement between Motive Design Co. LLC, a limited liability company organized under the laws of the state of Wisconsin (“Company”), and the client, whether personally or on behalf of an entity (“Client”), regarding the access and use of the Company’s website: www.motivedesign.co (the “Website”) and any related media forms, channels, or applications connected to the Website. By accessing or using the Website, you agree to be bound by these terms and conditions. If you do not agree, please discontinue using the Website immediately.

1. Intellectual Property Rights

Unless otherwise indicated, the Website and its entire contents, including but not limited to text, graphics, images, designs, code, software, databases, functionality, and trademarks (the "Content") are the exclusive property of the Company and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its Content for personal or business use only. You may not reproduce, distribute, or use any part of the Website or Content for commercial purposes without the express written consent of the Company.

2. Ownership of Materials

The Company provides design services to the Client and any deliverables (the “Projects”) created by the Company for the Client will be the Client’s property upon full payment. However, the Company reserves the right to display and showcase completed Projects, including in portfolios, marketing materials, and on the Website, unless agreed otherwise via a written Non-Disclosure Agreement (NDA). The Client represents that any materials they provide to the Company are their own or that they have obtained permission to use them.

3. Third-Party Fonts & Resources

If any Projects incorporate third-party resources, such as fonts or images that require a commercial license, the Company will inform the Client and provide details on how to obtain the necessary licenses. The Client is responsible for acquiring these licenses unless otherwise agreed upon in writing. The Company is not liable for any misuse of unlicensed third-party resources by the Client.

4. User Representations

By using the Website, you represent that:

• You have the legal capacity to enter into this Agreement.

• You will not use the Website for any illegal or unauthorized purpose.

• Your use of the Website will comply with all applicable laws.

5. Prohibited Activities

The Client agrees not to:

• Engage in unauthorized use of the Website or its Content.

• Disrupt or interfere with the security or operation of the Website.

• Upload malicious software such as viruses, Trojan horses, or any harmful content.

• Mislead or deceive the Company or other users.

• Attempt to reverse engineer, decompile, or disassemble any portion of the Website.

6. Client Feedback

Any feedback, suggestions, or submissions (each a “Submission”) provided by the Client may be used by the Company for any lawful purpose. The Company is under no obligation to compensate or acknowledge the Client for such feedback, unless otherwise agreed in writing. Submissions do not alter the Client’s ownership rights over Projects as outlined in Section 2.

7. Privacy Policy

The Company’s Privacy Policy governs the collection, use, and storage of Client data. By using the Website, you agree to the Privacy Policy's terms.

8. Refunds & Cancellations

Refund requests will be assessed on a case-by-case basis. If a refund is granted, a fee of 25% will apply to the remaining billable period. In the event of a refund, the Company retains ownership of any work produced, and the Client is prohibited from using the materials.

9. Limitation of Liability

The Website is provided on an "as is" and "as available" basis. The Company makes no warranties regarding the accuracy, reliability, or availability of the Website. In no event shall the Company or its employees, affiliates, or agents be liable to the Client for any direct, indirect, incidental, or consequential damages, including lost profits or data, arising from the Client’s use of the Website or services.

10. Indemnification

The Client agrees to indemnify and hold the Company, its affiliates, and its employees harmless from any claims, damages, or expenses, including reasonable attorneys' fees, arising from the Client’s breach of this Agreement or misuse of the Website.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of Wisconsin, without regard to its conflict of law provisions.

12. Dispute Resolution

Any disputes arising under this Agreement shall be resolved in the courts of Wisconsin and the Client agrees to submit to the jurisdiction of such courts.

13. Modifications

The Company reserves the right to amend or modify this Agreement at any time without notice. Continued use of the Website after any such changes will indicate your acceptance of the updated terms.

14. Showcasing Work

The Company reserves the right to showcase completed Projects, including on its Website, social media channels, and portfolios. The Client may request an NDA to limit or prohibit such use.

15. Electronic Communications

By using the Website, you consent to receiving electronic communications from the Company and agree that any agreements, notices, or disclosures sent electronically satisfy legal requirements for written communications.

For any questions or concerns about this Agreement, please contact conortimmons@motivedesign.co