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. Scope of Services, Support, and Change Orders
Transform Studios provides services through accepted estimates, proposals, statements of work, written agreements, and ongoing time-and-materials support arrangements.
For project-based engagements, Transform Studios shall perform only the services expressly identified in the accepted estimate, proposal, statement of work, or other written agreement between the parties. Any services, deliverables, features, integrations, revisions, or requests not expressly identified as included may require a separate estimate, written change order, or other written approval before work will commence.
Upon delivery of a new website or application built by Transform Studios for the Client, or upon onboarding of an existing Client website or application into Transform Studios’ management for ongoing support, including migrations, rescues, or any transfer of an existing system into Transform Studios’ operational control, the Client is automatically onboarded into an ongoing support and maintenance relationship.
For ongoing support services for onboarded Client systems, including maintenance, bug fixes, updates, enhancements, monitoring, uptime response, and security response, Client authorizes Transform Studios to proactively perform work as reasonably necessary to maintain, support, troubleshoot, secure, improve, and restore the availability of Client systems. Such services may be performed without a separate estimate or written change order and are billed based on actual time incurred at Transform Studios’ then-current standard hourly rate, unless otherwise agreed in writing. Certain requests may be reclassified as project-based work requiring a separate estimate or written agreement when scope, complexity, or timeline exceeds standard support services.
Ongoing support and maintenance services are generally billed monthly in arrears. Clients may establish monthly budget notifications, and Transform Studios may provide utilization notices as work progresses, typically when usage approaches seventy percent (70%) and one hundred percent (100%) of the selected monthly budget.
Approved scope changes, additional project work, or material changes in project direction may impact cost, timeline, and deliverables. Transform Studios reserves the right to defer or decline work outside the agreed scope until such changes have been documented and approved by both parties.
Transform Studios will address reproducible defects that materially prevent delivered functionality from operating as described in the agreed scope of services. A defect is defined as a failure of the delivered system to perform in accordance with its intended specification at the time of delivery.
Requests that introduce new functionality, modify existing behavior, or represent enhancements, improvements, or changes in scope are not considered defects and are handled under ongoing support and maintenance services or treated as project-based work where appropriate.
2. Termination of Services
Upon completion of a project, Client is onboarded into an ongoing support and maintenance relationship governed by Section 1 (Scope of Services, Support, and Change Orders).
Termination of services, including any transfer of access, infrastructure, credentials, licenses, or deliverables, may only occur through a separately executed Offboarding Agreement between the parties.
3. Limitation of Liability
To the fullest extent permitted by law, Transform Studios’ total cumulative liability arising out of or relating to any services provided shall not exceed the total amount paid by Client for the specific services giving rise to the claim during the twelve (12) months preceding the event giving rise to such claim.
In no event shall Transform Studios be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, revenue, business interruption, goodwill, or data, regardless of the legal theory asserted and even if advised of the possibility of such damages.
4. Third-Party Services and Integrations
Clients acknowledge that Transform Studios may implement, configure, connect, or support third-party services, software, platforms, and integrations as requested, approved, selected, or provided by the Client. These may include, but are not limited to, analytics platforms, advertising technologies, payment processors, communication tools, CRM systems, embedded content, marketing platforms, hosting services, and other third-party technologies.
Transform Studios does not own, control, operate, maintain, or assume responsibility for any third-party service and makes no representations or warranties regarding the security, availability, performance, legality, privacy practices, regulatory compliance, or continued operation of any third-party service.
Client is solely responsible for evaluating, selecting, approving, and determining the appropriateness of any third-party service utilized in connection with its website, application, or online systems, including any associated legal, regulatory, privacy, disclosure, consent, or compliance obligations.
5. Client-Owned Systems & Internal Development Tooling
All accounts, systems, infrastructure, and third-party services used in connection with Client projects are the property of the Client, regardless of who created, configured, or deployed them.
Transform Studios does not claim ownership, custody, or proprietary interest in any Client systems at any time.
Client is solely responsible for the security, configuration, billing, and ongoing management of all Client-owned systems, including credential management and access control. Transform Studios shall not be liable for any vulnerabilities, breaches, outages, or damages arising from Client-controlled systems.
This includes, but is not limited to:
Domain registration accounts
Hosting environments
DNS configuration and management
Third-party service accounts and subscriptions
Transform Studios retains ownership of its internal development systems, including deployment pipelines, CI/CD infrastructure, and proprietary development tooling used to build, test, and deploy Client projects. These systems are not part of the delivered Client environment.
Transform Studios may be granted administrative or technical access strictly for the purpose of delivering and supporting the agreed services. Such access does not confer ownership, custody, or control over Client systems.
Access and termination of services are governed by Section 2 (Termination of Services) and a separately executed Offboarding Agreement.
6. Proprietary Software
Certain projects may include proprietary software components developed and owned by Transform Studios, including the Prime addon. Where such components are included, Client is granted a perpetual license to use the version deployed as part of the delivered website or application, solely within the single website or application originally delivered by Transform Studios.
The Prime addon may not be copied, extracted, sublicensed, redistributed, or used in any other website, project, or system.
Client will receive updates and improvements to proprietary software components while actively engaged in ongoing support and maintenance services. Upon execution of an Offboarding Agreement, Client retains the then-current deployed version but forfeits access to future updates, enhancements, and releases.
7. 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.
8. Client Responsibilities
Client is responsible for maintaining adequate backups of its systems and data, regardless of any backup mechanisms implemented as part of the services, including version control systems or hosting-level backup configurations.
Where applicable, Transform Studios may implement or configure backup systems (including version control repositories and hosting provider backup tools) as part of the delivered services; however, such implementations do not transfer responsibility for backup integrity, retention, or recovery to Transform Studios.
Client is solely responsible for the accuracy, legality, integrity, and management of all content, data, credentials, and third-party services under its control.
Transform Studios shall not be liable for any loss, damage, or disruption resulting from Client actions or omissions, third-party services, hosting providers, software vendors, or infrastructure outside Transform Studios’ direct control.
9. 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.
10. 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.
11. 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.
12. 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
400 Capitol Mall, Suite 900
Sacramento, CA, 95814
United States of America