Terms of Service
1. Agreement to Terms
By engaging Stimulating Media LLC ("Stimulating Media," "we," "us," or "our") for any Design as a Service (DaaS) subscription, UX/UI consulting, ad-hoc creative services, or any other offering, you ("Client") agree to be bound by these Terms of Service. These Terms govern all services rendered by Stimulating Media and supersede any prior verbal or written agreements unless otherwise specified in a signed Statement of Work (SOW) or Service Agreement.
If you do not agree to these Terms, you may not use our services.
2. Scope of Services
Stimulating Media provides the following services:
- Design as a Service (DaaS) — subscription-based creative operations support
- UX/UI Consulting — user experience strategy, wireframing, prototyping, and usability testing
- End-to-End Product Design — full-cycle digital product design from discovery to dev handoff
- Brand Management — visual identity, brand systems, and ongoing brand consistency
- Social Media Management — content creation, scheduling, and platform management
- Ad-Hoc Creative Services — on-demand design projects scoped and priced per request
All deliverables are outlined per project or subscription tier. Work that falls outside the agreed scope will be scoped separately and may require additional credits or fees.
2.1 Out-of-Scope Requests
Stimulating Media reserves the right to define what constitutes an "in-scope" request based on the Client's active subscription tier or SOW. Requests that fall outside the defined scope, violate ethical standards, or are deemed unreasonable by Stimulating Media may be declined at our discretion.
Stimulating Media reserves the right to decline, pause, or terminate services for any Client whose requests are consistently out of scope, unreasonable, abusive toward our team, or in violation of these Terms. We are committed to fair, professional collaboration — and we hold both parties to that standard.
3. Credit System & Billing
DaaS subscriptions operate on a credit-based delivery model. Credits are allocated per subscription tier and are used to fulfill design requests. Unused credits may roll over per the terms of your active plan. Credit allocations, pricing, and tier details are outlined in the current DaaS Pricing Plan, which is incorporated by reference into these Terms.
- All subscriptions are billed on a recurring basis unless canceled per the cancellation policy
- Ad-hoc projects are scoped and priced prior to commencement of work
- Credits have no cash value and are non-transferable between accounts
- Stimulating Media reserves the right to update pricing with 30 days' notice
4. Intellectual Property & Ownership
4.1 Work Product Ownership
Upon receipt of full payment for the applicable subscription period or project, Stimulating Media transfers all rights, title, and interest in original work product created exclusively for the Client. Stimulating Media retains the right to display completed, publicly-visible work in its portfolio unless the Client expressly requests confidentiality in writing.
4.2 Pre-Existing Materials
Stimulating Media retains ownership of all pre-existing tools, templates, frameworks, design systems, methodologies, and proprietary processes used in the delivery of services. These are licensed to the Client for use within the delivered work product only and may not be resold or redistributed independently.
4.3 Client-Provided Brand Assets & Trademark Responsibility
When a Client provides Stimulating Media with existing brand assets — including but not limited to logos, trademarks, color systems, typefaces, imagery, and brand guidelines — the Client warrants that they have the legal right to use and provide such assets.
In the event that any brand asset, trademark, or identity element provided by the Client to Stimulating Media is found to infringe upon the intellectual property rights of a third party, the Client bears full and sole responsibility for any resulting legal claims, damages, or disputes. Stimulating Media shall not be held liable for infringement that originates from Client-supplied materials we did not create or design.
4.4 Client-Provided Images & Third-Party Content
When a Client submits images, photographs, illustrations, or other visual media for use in their design assets, the Client represents and warrants that they hold the appropriate license, copyright, or permission to use such materials. Stimulating Media acts solely as a design executor using Client-supplied content.
If a third party brings a claim, lawsuit, or legal action against any party — including Stimulating Media — as a result of unauthorized use of images or media provided by the Client, the Client agrees to indemnify, defend, and hold harmless Stimulating Media LLC and its team members from all costs, damages, legal fees, and liabilities arising from such claims. Stimulating Media bears no copyright responsibility for Client-supplied visual assets.
5. Artificial Intelligence & Data Privacy
5.1 Our Use of AI Tools
Stimulating Media utilizes AI-assisted tools to enhance workflow efficiency, accelerate creative production, and improve delivery quality. Every design we produce is directed by human expertise and strategic intent — AI augments our team; it does not replace creativity, originality, or professional judgment.
5.2 Enterprise-Grade AI Accounts
All AI tools used by Stimulating Media are operated through enterprise-level or business-grade accounts that include data privacy protections, preventing Client data from being used in third-party AI training datasets.
Stimulating Media will not share, sell, or submit Client data, brand assets, design files, or intellectual property to any third-party AI training system. We maintain business and enterprise-grade accounts specifically to ensure this protection is in place.
5.3 Future AI Model Development
Stimulating Media intends to develop its own proprietary AI models in the future to improve DaaS asset delivery speed and quality. Should we ever seek to use a Client's brand assets or design materials as part of training our own AI model, we will:
- Provide advance written notice to the Client
- Obtain explicit, informed, written consent before any use
- Allow Clients to opt out without penalty or service disruption
No Client brand assets, files, or proprietary materials will ever be used to train any AI model — ours or a third party's — without your prior written consent. This is our firm commitment to data integrity and trust.
6. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information, trade secrets, and non-public business data shared during the engagement. Stimulating Media will not disclose Client-specific strategies, brand assets, or business information to third parties without explicit written consent.
This obligation survives termination of the service engagement.
7. Revisions, Approvals & Deliverables
All revision rounds are governed by the terms of the Client's active subscription tier or project SOW. Requests that exceed the included revision rounds will be scoped as additional work and billed accordingly using the credit system.
Once a Client provides written or digital approval of a deliverable — including approval via email, project portal, or messaging platform — the work is considered finalized. Subsequent changes will be treated as new requests.
8. Service Termination
8.1 Termination by Client
Clients may cancel a DaaS subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are issued for unused credits in the current billing cycle unless otherwise specified in the subscription agreement.
8.2 Termination by Stimulating Media
Stimulating Media reserves the right to terminate or suspend services, with or without notice, in cases including but not limited to:
- Violation of these Terms of Service
- Non-payment or chargebacks
- Abusive, harassing, or disrespectful behavior toward our team
- Persistent out-of-scope demands deemed unreasonable by Stimulating Media
- Requests that involve illegal, unethical, or harmful content
We are committed to delivering exceptional creative work in a collaborative, respectful environment. Clients who consistently undermine that environment through unreasonable demands or disrespectful conduct may be offboarded at Stimulating Media's discretion.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Stimulating Media's total liability to the Client for any claim arising out of or relating to these Terms or services provided shall not exceed the total fees paid by the Client in the three (3) months preceding the claim.
Stimulating Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of data, or business interruption.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, without regard to its conflict of law principles. Any legal disputes shall be subject to the exclusive jurisdiction of the courts located in Loudoun County, Virginia.
11. Modifications to Terms
Stimulating Media reserves the right to update these Terms of Service at any time. We will notify active Clients of material changes via email or through the Launchpad client portal. Continued use of our services following notice constitutes acceptance of the updated Terms.