Use this site responsibly. If we work together on a project, we'll have a signed agreement that spells out the specifics, these Terms cover the general stuff: what you own, what we own, how disputes work, and the standard legal disclaimers. Hawaiʻi law governs.
The agreement
These Terms of Service (the "Terms") are a binding agreement between
you and WOW Creates LLC, a Hawaiʻi limited
liability company ("WOW Creates," "we," "us"). They govern your use
of wowcreates.com and any services we provide through
the site.
Specific client engagements, websites, apps, brand identity, and other studio services, are governed by a separate, signed project agreement (the "SOW" or "Engagement Letter"). If anything in that agreement conflicts with these Terms, the signed agreement controls for that engagement.
Who can use the site
You must be at least 18 years old and able to form a legally binding contract. If you're using the site on behalf of a company, you represent that you have authority to do so.
Acceptable use
You agree not to:
- Scrape, crawl, or bulk-download the site beyond normal browsing.
- Reverse engineer, decompile, or attempt to extract source of anything you don't own.
- Use the site to send spam, malware, or harassing content.
- Impersonate another person or misrepresent your affiliation with us.
- Interfere with the site's security or performance.
- Use our name, logo, or work to imply endorsement without written permission.
Our website & IP
Everything on this site, copy, images, code, design, animations, and the WOW Creates name and logo, is owned by WOW Creates LLC or our licensors and is protected by copyright, trademark, and other laws. You may view and share the site for personal, non-commercial purposes. Any other use (reproducing, republishing, training AI models on, or selling the content) requires our written permission.
Studio services
We offer design, development, and brand strategy services as a studio. The specific scope, deliverables, timeline, and fees for each engagement are spelled out in a signed SOW. Nothing on this site, including pricing indicators, project descriptions, or process outlines, constitutes a binding offer to perform services. We reserve the right to decline any engagement.
Deliverables & ownership
Upon final payment of all invoices for an engagement, you receive:
- Full ownership of the final, delivered work product (designs, source code, copy, brand assets) as specified in the SOW.
- A perpetual, worldwide, royalty-free license to use, modify, and distribute those deliverables for your business.
We retain:
- Ownership of any pre-existing tools, components, libraries, and frameworks we bring to the project (we grant you a perpetual license to use them as part of your deliverables).
- Ownership of working files, drafts, and concepts not included in the final deliverables.
- The right to use the engagement in our portfolio (see next section).
Third-party assets (stock photography, fonts, paid plugins) are licensed to you under the respective vendor's terms. We'll disclose any paid third-party licenses in the SOW.
Portfolio rights
Unless you specifically request otherwise in writing before we start, we reserve the right to showcase the engagement: including your name, logo, and screenshots or video of the work, on our website, in case studies, in presentations, on social media, and in pitches to prospective clients. If confidentiality matters (NDA, unreleased product, sensitive sector), tell us up front and we'll handle it accordingly in the SOW.
Payment & refunds
Payment terms (deposits, milestones, final invoices, late fees) are defined in each SOW. Unless stated otherwise:
- A non-refundable deposit is due before work begins.
- Invoices are due within 15 days of receipt.
- Work may pause if invoices are more than 30 days overdue.
- Late balances accrue interest at 1.5% per month (or the maximum allowed by Hawaiʻi law, whichever is lower).
Because our work is custom and time-based, fees for work already performed are non-refundable. If we end up delivering less than contracted, we'll refund the proportional difference.
Third-party services
The site and our deliverables may integrate third-party services (fonts, analytics, hosting, APIs, payment processors). We're not responsible for their availability, performance, or terms. Your use of those services is governed by their own agreements.
Warranties & disclaimers
We care about doing the work well and will perform our services in a professional and workmanlike manner consistent with industry standards.
Except for the above, the site and services are provided "as is" and "as available." We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade.
We don't warrant the site will be uninterrupted, error-free, or free of viruses or malicious code. You're responsible for backing up your own data.
Limitation of liability
To the fullest extent permitted by law, WOW Creates, its owners, employees, and contractors are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising out of or related to your use of the site or our services, even if advised of the possibility of such damages.
Our total aggregate liability for any claim related to an engagement is capped at the fees actually paid to us for that engagement in the six months preceding the claim.
Indemnification
You agree to defend, indemnify, and hold harmless WOW Creates from any third-party claim arising out of (a) your misuse of the site, (b) content or materials you provide to us for an engagement, including anything that infringes third-party IP or privacy rights, or (c) your violation of these Terms.
Termination
You can stop using the site at any time. We can suspend or terminate your access if you violate these Terms. For active engagements, termination is governed by the SOW; generally, either party can terminate for material breach after 14 days' written notice to cure. You remain responsible for fees earned through the termination date.
Sections that by their nature should survive termination, IP, warranty disclaimers, liability limits, indemnity, governing law, do survive.
Governing law & disputes
These Terms are governed by the laws of the State of Hawaiʻi, without regard to conflict-of-laws principles. Any lawsuit must be brought exclusively in the state or federal courts located in Honolulu County, Hawaiʻi, and you consent to personal jurisdiction there.
Before filing any claim, you agree to contact us first at aloha@wowcreates.com so we can try to resolve the issue in good faith. Most disputes can be handled with a conversation.
Changes to these terms
We may update these Terms from time to time. Material changes will be noted by updating the "Last updated" date at the top and, where appropriate, by notifying active clients. Your continued use of the site after a change means you accept the new Terms.
How to reach us
Questions about these Terms?
WOW Creates LLC
aloha@wowcreates.com
Honolulu, Hawaiʻi