Terms & Conditions

1. Agreement to Terms

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Christopher Carter, doing business as Design Dream ("Design Dream," "we," "us," or "our"), a sole proprietorship operating under the laws of the State of Texas.

By subscribing to, accessing, or using Design Dream's services, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy. If you do not agree to these Terms, you must not use our services.

These Terms are governed by the laws of the State of Texas and the Texas Business & Commerce Code. Any violation of these Terms may result in immediate termination of your subscription without refund.

2. Service Description

Design Dream provides unlimited design and development services on a monthly subscription basis. Our services include, but are not limited to:

• Design Services: UI/UX design, web design, mobile app design, branding, graphic design, and design system creation
• Development Services: Website development, web application development, mobile app development (React Native), API development, feature implementation, and code optimization
• Revisions: Unlimited revisions on active tasks until you are satisfied with the deliverable
• Project Management: All work is managed through Basecamp, where you create tasks, prioritize work, and track progress

2.1 Workflow

Our workflow operates as follows:

1. You create tasks in your Basecamp workspace describing work or requests
2. You move one issue to "In Progress" when you want us to work on it
3. We deliver the work within approximately 48 hours (target, not guaranteed)
4. You review the work and request revisions or move the next task to "In Progress"
5. Process repeats for unlimited tasks throughout your subscription period

2.2 One Active Task at a Time

To ensure quality and timely delivery, we work on one active task at a time per subscriber. You may have unlimited tasks in your Basecamp backlog and can prioritize them in any order. Once a task is completed, you may immediately move the next task to "In Progress."

3. Subscription Terms

3.1 Pricing and Billing Cycle

The Design Dream subscription is priced at $3,495 per month. Your subscription operates on a 31-day billing cycle, charged upfront at the start of each cycle.

Upfront Payment Model: Payment for each billing cycle is due and charged in full at the beginning of the 31-day period. You are purchasing access to the service for the entire upcoming billing cycle. No pro-rated billing is offered for partial months.

3.2 Payment Processing

All payments are processed securely through Stripe, Inc. By subscribing, you authorize us to charge your payment method on file at the start of each billing cycle. You are responsible for maintaining valid payment information.

If payment fails, your access to the service will be immediately suspended until payment is received. Failed payments may result in late fees or termination of your subscription.

3.3 Automatic Renewal

Your subscription automatically renews at the end of each 31-day billing cycle unless you cancel before the renewal date. By subscribing, you authorize recurring charges to your payment method.

3.4 Price Changes

We reserve the right to modify our subscription pricing at any time. If we increase the subscription price, we will provide you with at least 30 days' advance notice via email. The new pricing will apply to your next billing cycle. Continued use of the service after the price change constitutes acceptance of the new price.

4. Cancellation and Refund Policy

4.1 Cancellation

You may cancel your subscription at any time by contacting us at christophercarter@hey.com or through your billing portal. To avoid being charged for the next billing cycle, you must cancel at least 24 hours before your next renewal date.

Upon cancellation, you will retain access to the service until the end of your current paid billing cycle. No partial refunds are provided for early cancellation within a billing cycle.

4.2 No Refund Policy

All subscription payments are non-refundable. By subscribing, you acknowledge that you are purchasing access to services for a full 31-day billing cycle. No refunds, partial or full, will be issued under any circumstances. If the service is not a good fit, you may pause or cancel at any time to prevent future charges.

4.3 Ownership of Delivered Work

All work completed and delivered to you — including design files, source code, documentation, branding assets, and any other deliverables — belongs to you. Upon delivery, you receive full ownership and rights to use all work product for any purpose without restriction.

4.4 Pause Instead of Cancel

We strongly encourage pausing your subscription instead of canceling. Pausing allows you to temporarily suspend billing while retaining your account, work history, and the ability to resume service at any time. There is no limit to how long you can pause.

To pause your subscription, contact us at christophercarter@hey.com. Pausing takes effect at the end of your current billing cycle.

4.5 Termination by Design Dream

We reserve the right to terminate your subscription immediately and without refund if you:

• Violate these Terms & Conditions
• Use the service for illegal, unethical, or harmful purposes
• Engage in abusive, threatening, or harassing behavior
• Attempt to resell or white-label our services without authorization
• Initiate a chargeback or payment dispute in bad faith

5. Pause Subscription

You may pause your subscription at any time. While paused:

• You will not be charged for billing cycles
• You cannot submit new requests or receive new work
• You retain access to all previously completed work and files
• Your Basecamp workspace and communication history remain accessible

To resume your subscription, simply contact us or reactivate through your billing portal. Billing will resume immediately, and you can begin submitting new requests.

There is no fee to pause or resume your subscription, and you may do so as many times as needed.

6. Scope and Limitations

6.1 Turnaround Time

We target a 48-hour turnaround time for most tasks. This is an average target, not a guaranteed delivery time. Actual turnaround depends on:

• Complexity and scope of the task
• Clarity and completeness of requirements
• Availability of necessary assets or information from you
• Current workload and queue position

Complex projects may be broken into multiple sequential tasks. We will communicate expected timelines for larger projects.

No Guaranteed Timelines: We do not guarantee specific delivery dates or timelines. The 48-hour target is an estimate only and does not create any enforceable obligation.

6.2 Unlimited Revisions

Each task includes unlimited revisions until you are satisfied with the result. Revisions must be requested through Basecamp by providing clear feedback and specific changes needed.

Major scope changes or entirely new directions may be treated as separate tasks.

6.3 Excluded Services

The following services are NOT included in your subscription:

• 3D modeling, animation, or video production/editing
• Physical product design, packaging design, or print production
• Content writing, copywriting, SEO services, or marketing strategy
• Server administration, DevOps, or infrastructure management
• Ongoing maintenance, monitoring, or hosting services
• Third-party services, licenses, or subscriptions (fonts, stock images, APIs, etc.)
• Work for illegal, harmful, unethical, or adult content purposes
• White-label services or resale to your clients

7. Deliverables and Intellectual Property

7.1 Ownership of Work Product

Upon full payment of the subscription fees for the billing cycle in which work was completed, you own all rights, title, and interest in the final work product created specifically for you, including:

• Design files (Figma, Sketch, Adobe files, etc.)
• Source code and repositories
• Documentation and specifications
• Final deliverable assets

We retain no ownership rights or claims to your completed work once paid for.

7.2 Delivery Method

Deliverables are provided through:

• Design Files: Shared via Figma links or file transfer
• Code: Delivered via GitHub repository access or zip files
• Assets: Provided through Basecamp attachments or file sharing services

You are responsible for downloading and backing up all deliverables. We are not responsible for lost or deleted files after delivery.

7.3 Third-Party Components

Work may incorporate third-party libraries, frameworks, fonts, icons, and tools (e.g., React, Next.js, Tailwind CSS, Font Awesome) that are subject to their own licenses. You receive the right to use these components in accordance with their respective licenses (typically open-source licenses like MIT, Apache 2.0, etc.).

You are responsible for: Purchasing any commercial licenses for premium fonts, stock assets, APIs, or services required for your project. We do not provide or include paid third-party licenses unless explicitly agreed upon.

7.4 Portfolio and Marketing Rights

We reserve the right to display completed work in our portfolio, case studies, marketing materials, and social media for promotional purposes. This includes screenshots, descriptions, and attributions.

If you require confidentiality and do not want your project displayed publicly, you must notify us in writing at the start of the project. We will honor reasonable confidentiality requests.

7.5 Your Content and Materials

You retain full ownership of all content, assets, materials, and information you provide to us (text, images, logos, data, etc.). By providing these materials, you grant us a limited, non-exclusive license to use them solely for the purpose of delivering the service.

You warrant that you own or have the legal right to use all materials provided to us and that using them will not infringe on any third-party rights.

8. Acceptable Use Policy

You agree to use Design Dream's services in compliance with all applicable laws and regulations. You may not use our services for:

• Illegal, fraudulent, or deceptive activities
• Hate speech, harassment, discrimination, or promotion of violence
• Adult content, pornography, or sexually explicit material
• Gambling, cryptocurrency schemes, or "get rich quick" scams
• Phishing, malware, spyware, or other malicious software
• Spam, unsolicited marketing, or pyramid schemes
• Infringement of intellectual property or violation of third-party rights
• Any purpose we deem harmful, unethical, or contrary to our values

We reserve the right to refuse any project at our sole discretion. If we determine a project violates this policy, we will terminate the project and potentially your subscription without refund.

9. Warranties and Disclaimers

9.1 Service Provided "As-Is"

DESIGN DREAM'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

While we strive to deliver high-quality work that meets professional standards, we do not warrant that:

• The service will be uninterrupted, timely, secure, or error-free
• The deliverables will meet all of your requirements or expectations
• Any errors in deliverables will be corrected within a specific timeframe
• The service will be compatible with all third-party systems or platforms

9.2 No Guarantee of Results

We do not guarantee specific business outcomes, results, or performance metrics from using our deliverables, including but not limited to:

• Increased revenue, sales, or profits
• Improved conversion rates or user engagement
• Higher search engine rankings or web traffic
• Successful fundraising or business growth

Success depends on numerous factors outside our control, including your implementation, market conditions, competition, and business strategy.

9.3 Third-Party Services

We are not responsible for the functionality, availability, or performance of third-party services, platforms, or APIs integrated into your deliverables (e.g., Stripe, Supabase, Vercel, AWS, APIs). Issues with third-party services are beyond our control and not covered under your subscription.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, DESIGN DREAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data, files, or work product
• Business interruption or downtime
• Loss of goodwill or reputation
• Cost of substitute services or procurement
• Any other intangible losses

THIS LIMITATION APPLIES EVEN IF DESIGN DREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

Total Liability Cap: In no event shall Design Dream's total aggregate liability to you for all claims arising from or related to the service exceed the total amount of fees you paid to Design Dream in the three (3) months immediately preceding the event giving rise to liability.

11. Indemnification

You agree to indemnify, defend, and hold harmless Design Dream, Christopher Carter, and our affiliates, contractors, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the service or deliverables
• Your violation of these Terms & Conditions
• Your infringement of any third-party intellectual property or other rights
• Content, materials, or information you provide to us
• Your violation of any applicable laws or regulations

This indemnification obligation survives termination of these Terms and your subscription.

12. Confidentiality

We treat all client information, project details, business data, and proprietary information as confidential. We will not disclose your confidential information to third parties without your consent, except:

• As required to perform the service (e.g., sharing with necessary contractors)
• As required by law, court order, or government regulation
• To protect our legal rights or defend against claims

You agree to keep confidential any proprietary methods, processes, or business information shared by Design Dream during the provision of services.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. The Texas Business & Commerce Code shall apply to all subscription and payment terms.

13.2 Jurisdiction and Venue

Any legal action, suit, or proceeding arising out of or relating to these Terms or the service shall be brought exclusively in the state or federal courts located in Travis County, Texas. You irrevocably consent to the jurisdiction and venue of such courts and waive any objection to the convenience of such forum.

13.3 Informal Resolution

Before initiating any legal proceeding, the parties agree to attempt to resolve any dispute informally by contacting us at christophercarter@hey.com. We will work in good faith to resolve disputes amicably.

13.4 Binding Arbitration

If informal resolution fails, any dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Arbitration shall take place in Travis County, Texas, or remotely via video conference.

The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. Each party shall bear its own costs and fees, unless otherwise awarded by the arbitrator.

13.5 Class Action Waiver

YOU AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14. Modifications to Terms

We reserve the right to modify these Terms & Conditions at any time. We will notify active subscribers of material changes via email at least 30 days before the changes take effect.

The updated Terms will be posted on our website with a revised "Last updated" date. Your continued use of the service after the effective date of changes constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you may cancel your subscription before the changes take effect. Cancellations made in response to Terms changes will follow the standard cancellation policy (no refund for current billing cycle).

15. General Provisions

15.1 Entire Agreement

These Terms & Conditions, together with our Privacy Policy, constitute the entire agreement between you and Design Dream regarding the service and supersede all prior agreements, understandings, or representations.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Design Dream.

15.4 Assignment

You may not assign, transfer, or delegate these Terms or your subscription without our prior written consent. We may assign or transfer these Terms and our obligations at any time without restriction.

15.5 Force Majeure

Design Dream shall not be liable for any delay or failure to perform due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet/telecommunications failures.

15.6 Survival

Sections relating to intellectual property, confidentiality, warranties, limitation of liability, indemnification, dispute resolution, and general provisions shall survive termination of these Terms.

16. Contact Information

If you have questions, concerns, or requests regarding these Terms & Conditions, please contact us: