Terms of Service and our Privacy First Policy

Terms of Service

Agreement to Terms

By engaging with Transform Studios, LLC (“Transform Studios”) through any form of communication, including but not limited to chat, email, or telephone; by accepting any project estimate, proposal, or statement of work; and/or by subscribing to any recurring services provided by Transform Studios, you (“the Client”) expressly agree to these Terms of Service. These Terms constitute a binding legal agreement between the Client and Transform Studios, enforceable to the fullest extent permitted by law in all applicable jurisdictions.

1. Limitation of Liability

Transform Studios shall not be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages, arising out of or related to any data breach, cyberattack, or security incident affecting client sites or online systems. This limitation applies even if Transform Studios has been advised of the possibility of such damages.

2. Third-Party Services and Integrations

Clients acknowledge that Transform Studios utilizes third-party services, software, and integrations to provide its services. Transform Studios does not warrant or assume responsibility for the security, availability, or performance of these third-party components. Any issues arising from third-party services are beyond the control of Transform Studios, and clients agree that Transform Studios shall not be held liable for any damages resulting from such issues.

3. Client-Provided Accounts and Systems

In instances where clients provide accounts, access, or systems for Transform Studios to work with, clients are responsible for ensuring the security and integrity of these resources. Transform Studios shall not be liable for any vulnerabilities, breaches, or damages arising from client-provided accounts or systems.

4. Security Measures and No Guarantee

While Transform Studios implements reasonable security measures and regularly applies updates and system patches, it cannot guarantee absolute protection against all cyber threats and vulnerabilities. Clients acknowledge and accept that no system is entirely secure, and Transform Studios disclaims any warranties, express or implied, regarding the security or invulnerability of client sites or online systems.

5. Indemnification

Clients agree to indemnify, defend, and hold harmless Transform Studios, its affiliates, officers, agents, and employees from any claims, liabilities, damages, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Client’s use of Transform Studios’ services;

• Any breach of these Terms of Service by the client;

• Client’s violation of any law or the rights of a third party;

• Issues related to third-party services, software, or integrations used in conjunction with Transform Studios’ services.

6. Notification of Security Incidents

Clients are responsible for promptly notifying Transform Studios of any security incidents, breaches, or vulnerabilities related to their sites or systems. Transform Studios will make reasonable efforts to assist in mitigating the effects of such incidents but shall not be liable for any damages resulting therefrom.

7. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in Truckee, California, in accordance with the rules of the American Arbitration Association.

8. Acknowledgment and Acceptance

By initiating communication with Transform Studios, LLC, whether through chat, email, telephone, or any other medium, by accepting any project estimate or proposal, or by subscribing to or utilizing any recurring services, the Client acknowledges that they have read, understood, and agreed to these Terms of Service. Transform Studios reserves the right to update these Terms of Service at any time, with notice of changes posted on its website. Continued use of Transform Studios’ services constitutes acceptance of any updated Terms.

Privacy First Policy

Overview

We are a privacy-first company and do our best to select vendors and services focused on providing our users the highest level of privacy and anonymity. We support your privacy rights when using our websites, web apps, and services. Our privacy-first policy is as simple as it gets: your data is not our business. We retain information associated with providing the best service we can provide in the scope of our operations. We prefer to collect the least amount of data from you in all cases.

The rest of this policy details what do we track and store, how we use that data, and what you can do to opt out and exercise your rights via GDPR or other similar regulations.

We use modern security best practices to protect collected data and limit access to only those employees who require access to perform their jobs. We may be legally required to disclose collected data to law enforcement or government agencies in some situations.

By utilizing our websites or web apps, you agree to the collection and use of information under this policy.

Information We Collect

User-Provided Information: You provide us information about yourself, such as your name, company, email address, and other personally identifiable information (all referred to as “Personal Information”). If you correspond with us by email, SMS, LiveChat, phone/voicemail, social media, web forms, or any other means of communication, we may retain the content of your messages, your corresponding identifier (phone number, handle, email, etc.) and our responses.

Passive and Programmatic Collection: Third-party services (detailed below) may use cookies essential to their functionality.

How We Use Your Information

We only use your data to provide, maintain and improve our products and services, notify you of any changes, detect, prevent, and address technical issues, and provide you with news and general information about our products and services.

Sharing Your Information

We will never resell your data to 3rd parties.

Sometimes customer information is shared with third parties in order to provide the product or service you are requesting; for example, we share information with Stripe (billing), Front (unified communication), etc. We minimize the sharing of your personal information to as little data as necessary.

Not that we ever will, but if we do plan to share your personal information with third parties for purposes other than those set forth herein, we’ll always ask for your permission first.

Security of your Personal Data

We follow industry standards on information security management for the personal information we collect and store. No method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use all possible means to protect your personal data (end-to-end encryption, password vaults, expiring keys, etc.), no one can guarantee absolute security.

Third-Party Vendor Services

We are unable to control what any third party does with your personal information. Third parties will usually have their own privacy policies for the personal information we provide them, and we recommend that you read their privacy policies so that you can understand the manner in which your personal information will be handled by these third parties. Some third parties are located in different jurisdictions than either you or us and thus your personal information and the protection thereof may become subject to the laws of such jurisdiction in which that third party is located.

We use the following third-party services:

• Cloudflare – Privacy first network edge designed to make our websites and web apps secure, private, fast, and reliable

• Uptime – Real User Monitoring (Utilized for monitoring real user experience based on an application performance threshold). This allows us to ensure all users have a lightning-quick user experience across our web services.

• Front + Office365 – Unified Communications (utilized for email, live chat, contact form, voicemail, SMS, Facebook page inquiries, meeting scheduling, web services monitoring notifications & log errors). 

• Twilio – Customer layer for all our applications and systems facilitating Messaging (SMS), Programmable Voice (IVR & Voicemail), Transactional Email and Marketing Campaigns (SendGrid)

• Stripe – Invoicing, Subscriptions, & Billing Portal (accessed via our website’s login functionality)

Rights of EU Citizens Under GDPR

Citizens of the EU may exercise their rights under the General Data Protection Regulation, such as the rights of access and erasure, by contacting us with their request.

At said request, we will delete all personal information we use about you for marketing purposes, except those required by law.

Please note that as we are located in the United States, when you provide us with your Personal Information we will process it in countries outside the European Economic Area (“EEA”), such as the United States, which may not provide the same level of data protection as in your jurisdiction. This is necessary in order to perform our services. Regardless of where your personal information is located, we will adopt measures to protect your Personal Information.

Promotion of Work

We may choose to showcase work we created for you either on our website, social media accounts, in proposals for new business, and on 3rd party design award sites and printed publications.

If you wish for us to exclude your work from being showcased, simply contact us and we will discontinue any future self-promotion including your work & brand.

Limited Liability

We are not liable for anything you do with our products, services, or information on websites and social media accounts.

Questions and Feedback

For more information about our privacy-first practices or if you have general questions please contact us by email or by snail mail using the details provided below:

Transform Studios, LLC
10266 Truckee Airport Rd Ste. C
Truckee, CA, 96161
United States of America