Terms of Use

Last Updated: 24.09.2025

Produce by Damar Studios LLC (“Produce” or “We” or “Us” or “Our”) operates www.produce.design and other websites, platforms, and services that link to these Terms of Use (collectively, the “Websites”). By accessing or using the Websites or services, you agree to be bound by these Terms of Use (“Terms”) and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Websites or services.

In addition, when using our Websites or services, you are subject to any additional posted guidelines or rules that may apply to specific features or offerings. These guidelines or rules are hereby incorporated by reference into these Terms.

By using our services, you agree to the terms outlined below.

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1. Who We Are

Produce is a creative subscription service provided by Produce by Damar Studios LLC , registered in the United States and operating globally.

We help companies access high-quality design and no-code development through a streamlined subscription model. This policy applies to all data collected through our services, website, or communications.

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2. Description of Services

Produce is a creative subscription service that provides businesses with on-demand access to a dedicated design and development team. Through an active subscription, clients can submit design and content requests which are delivered asynchronously by our team via shared platforms such as Microsoft Teams, OneDrive, and Planner.

Our services typically include:
  • Graphic design and branding
  • Visual content for digital and print (e.g. social media, presentations, packaging)
  • Motion design and short-form animations
  • Web design and no-code web development using platforms like Webflow and Framer)
  • AI-supported creative production, where relevant and agreed

All work is scoped and delivered on a task-by-task basis. We do not operate on unlimited hours or unlimited revisions but instead offer a fair-use model based on turnaround time, project complexity, and available team capacity.

What’s not included:
  • Custom backend development or engineering
  • Hosting or domain subscriptions
  • Legal or brand strategy services unless explicitly stated in your plan
  • SLAs, real-time support, or 24/7 uptime guarantees

While we aim to deliver tasks within 24–48 business hours, we do not offer formal SLAs, real-time support, or guaranteed delivery timelines. Turnaround times may vary depending on task complexity, volume, and active client collaboration.

We reserve the right to update the scope of services offered at any time. Any such changes will be communicated via email or service update notices.

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3. Subscriptions & Billing

Produce operates on a subscription-based model. By subscribing to our service, you gain access to a dedicated creative team who will process and deliver design and no-code development tasks on an ongoing basis.

a. Standard Subscription

Our standard plan is billed in advance on a monthly basis and includes access to your project workspace, task submission channel, and delivery within our typical 24–48 business hour window. Your subscription will automatically renew each month unless cancelled prior to the renewal date.

You may cancel your subscription at any time. When cancelled, access continues until the end of your current billing period. Please note that we do not offer partial refunds for unused time within an active cycle.

Subscriptions may also be paused for one full billing cycle at a time. During the pause period, all work will be put on hold, but your workspace will remain intact. Pausing is available up to once per quarter, unless otherwise agreed.

b. Enterprise Tier (By Request)

The Enterprise Tier is available for clients with more complex requirements, including:

  • Higher task volume
  • Larger design systems or multiple brands
  • Direct collaboration with multiple stakeholders
  • Priority handling or expanded scope of work
  • Custom billing and invoicing procedures

Enterprise plans are structured via custom contracts and are billed according to individually agreed terms.

c. Billing & Payment

All payments are processed securely through Stripe or another authorized provider. If a payment fails, we’ll notify you and retry the charge. If the payment is not resolved within five (5) business days, we reserve the right to pause access to your workspace and suspend all active work until the account is current.

All fees are exclusive of applicable taxes, including VAT or sales tax, which may be added based on your location.

d. Refund Policy

Due to the nature of creative services, we do not offer refunds once a new billing cycle has started and work has begun. If you believe there has been an error in billing, please contact us within seven (7) days of the charge at info@produce-design.com, and we will review the situation.

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4. Task Management & Turnaround

Our service is built around a streamlined, asynchronous workflow. Once your subscription is active, you’ll be invited to a dedicated workspace where you can submit tasks and track their progress. Task management and communication are handled via Microsoft Teams, Planner, and OneDrive.

Task Submission

You may submit requests at any time directly within your assigned workspace in Microsoft Planner. Tasks must include a clear briefing, relevant assets, deadlines (if applicable), and any required references. Ambiguous or incomplete requests may be returned for clarification, which can delay turnaround times.

Each task is reviewed and scoped based on complexity, available capacity, and current queue volume.

 

Turnaround Time  

Our standard turnaround time is typically 24–48 business hours per task. This may vary depending on:

• The complexity and volume of the request

• The quality of the submitted briefing

• The number of open tasks in your queue

• Required input or approval from your team

Please note: We do not work on weekends or public holidays. Tasks submitted during those times will be reviewed and processed on the next business day.

 

Tasks are delivered one at a time unless otherwise agreed. We do not operate on an “unlimited simultaneous requests” basis. You may submit multiple tasks, which will be queued and processed in order of priority.

 

Revisions

You may request revisions on any deliverable. Revisions are considered a continuation of the original task and are subject to the same turnaround logic. Excessive revisions or scope changes may require re-scoping or converting the task into a new request.

We do not limit the number of revisions, but we reserve the right to flag unreasonable usage or revise the timeline if revision requests extend beyond fair use.

 

Enterprise Task Queues

Enterprise clients benefit from priority handling and may have access to dedicated queues, faster response times, or parallel task streams, depending on the terms of their custom agreement. These enhancements are defined in the Enterprise Tier contract and subject to available capacity.

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5. Client Responsibilities

In order to deliver high-quality results efficiently, we rely on timely input, clear communication, and professional conduct from our clients. By using our services, you agree to the following responsibilities:

a. Clear Briefing

You agree to submit task requests with sufficient detail, including clear objectives, references (if applicable), required formats, and deadlines. Incomplete or vague submissions may result in delays, misalignment, or returned tasks for clarification.

b. Timely Feedback

You agree to provide feedback and approvals in a timely manner. Delays in review or response may affect turnaround timelines, especially for dependent or staged tasks. We cannot guarantee delivery windows for projects that are left in review without feedback.

c. Content Ownership & Legal Use

You are solely responsible for the content you submit. This includes any images, videos, text, trademarks, or branding materials. By submitting content, you confirm that you own or have the right to use all assets, and that they do not infringe on the rights of any third parties or violate any applicable laws.

We are not liable for legal consequences resulting from the use of client-provided content.

d. Professional Conduct

We expect all client communication to remain respectful and professional. Abuse, harassment, or discriminatory behavior towards our team may result in immediate suspension or termination of services, with no refund issued.

e. Platform Access & Credentials

If your project requires us to access third-party platforms (e.g. Webflow, Shopify, Framer), you are responsible for granting and maintaining the necessary permissions. We will never use your credentials for purposes outside the agreed scope of work and will treat access details with confidentiality.

f. Review Protocols (Enterprise Clients)  

For Enterprise clients with multiple stakeholders, we ask that a single point of contact be designated to consolidate and approve feedback. This helps us avoid conflicting direction, delays, or duplicate work. If no primary reviewer is defined, we reserve the right to pause delivery until clear directions are provided.

6. Use of No-Code Platforms

Produce delivers website and product front-end solutions using modern no-code platforms such as Webflow, Framer. These platforms enable us to build and deploy fast, flexible websites and interactive experiences without custom backend development.

a. Platform Ownership & Access

Wherever possible, we build directly inside your own platform accounts. You are responsible for maintaining ownership, access, and payment for any third-party service used to host or deploy the final product. If we build under a temporary internal account, we will transfer ownership to your account upon request once the project is complete and payment is received in full.

If you revoke access during an active task or project, this may delay delivery timelines or pause the task altogether.

b. Hosting, Billing & Maintenance

We do not provide hosting or domain services. All recurring fees related to platforms like Webflow, Framer, (including hosting, custom domain linking, or plugin subscriptions) are your responsibility.

We are not responsible for future platform changes, pricing updates, or service outages related to these tools. Once a website is delivered, long-term maintenance and performance monitoring are not included unless otherwise agreed.

c. Limitations & Platform Dependencies

By using no-code platforms, you acknowledge that:

  • Your site or product is subject to the technical limitations and capabilities of the chosen platform
  • Certain features may not be possible without code workarounds or third-party tools
  • We are not responsible for bugs, performance issues, or downtime caused by the platform itself

If we determine during the planning or build process that your requested functionality exceeds the no-code platform’s scope, we’ll advise you on alternatives or suggest an adjusted approach.

d. Handover & Documentation

Upon request, we can provide basic documentation or a recorded walkthrough to help your internal team manage and maintain the project after handoff. This may include page structure, CMS logic, or styling instructions. Full technical documentation, training, or long-term support is not included in the standard subscription and may be quoted separately.

Please note: Ongoing support, troubleshooting, edits, or platform-related issues following delivery are not included in your subscription unless they are scoped as new tasks or covered under an Enterprise agreement. Additional support may be quoted separately on request.

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7. AI-Generated Content

As part of our creative workflow, we may use artificial intelligence (AI) tools to support ideation, production, and delivery of certain tasks. These tools are used to assist and accelerate creative output not to replace human decision-making or design direction.

a. How We Use AI

We may use AI tools such as Midjourney, RunwayML, ChatGPT, or others to:

  • Generate visual concepts
  • Refine creative copy
  • Propose layout structures or variations
  • Support animation, sound design, or prototyping

All AI-generated content is reviewed, adjusted, and curated by a member of our team before being delivered to the client. We do not deliver raw, unfiltered AI outputs unless requested.

b. Intellectual Property Considerations

Some AI tools use open datasets or cloud-based processing that may carry limitations around commercial use or copyright ownership. While we make every effort to use tools that offer commercial licenses, you acknowledge that:

  • Ownership rights of AI-generated content may be subject to the terms of the AI platform used
  • Certain deliverables may not be eligible for trademark or copyright registration, depending on how they were generated
  • You are responsible for verifying that final outputs meet any legal or regulatory requirements for your use case

If you require deliverables that are fully human-made and free from AI influence (e.g. for IP-sensitive use), please inform us before task submission.

c. Responsible Use

By accepting AI-assisted content, you agree to use it responsibly and in compliance with all applicable laws and platform guidelines. We are not liable for any misuse, misrepresentation, or violation of third-party rights arising from the way AI-generated content is used after delivery.

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8. Intellectual Property & Ownership
a. Ownership Transfer

Unless otherwise agreed in writing, all intellectual property rights to final deliverables created under your subscription including graphics, layouts, illustrations, no-code websites, and other creative assets are transferred to you upon full payment for the relevant billing period. This means you are free to use, modify, or distribute the deliverables as needed for your business.

Until full payment is received, all creative work remains the sole property of Produce.

b. Exclusions

The following are not included in ownership transfer:

  • Raw working files (e.g. Figma source files, layered design documents, animation project files), unless explicitly agreed or requested as a scoped task
  • Third-party assets (e.g. licensed stock images, fonts, plugins, templates) which remain subject to their own licenses and terms of use
  • AI-generated content, which may carry limitations based on the source platform’s commercial usage policy

We will always inform you when any third-party or AI-restricted asset is used, and whether additional licensing is required.

c. Client-Provided Assets & Open-Source Licensing

If you request us to use specific third-party, open-source, or client-provided assets (such as brand files, typefaces, templates, images, or external code), you are responsible for ensuring that you hold the proper licenses or usage rights. Produce is not liable for the misuse or misrepresentation of any such materials provided by you.

d. Reuse of Unapproved Concepts

You do not acquire ownership over unused or unapproved design proposals, drafts, or creative directions presented during the design process. We reserve the right to reuse or adapt those for internal, educational, or future commercial use unless agreed otherwise.

e. Portfolio Rights

Unless you request otherwise in writing, we reserve the right to showcase final deliverables including screenshots, videos, and descriptive case studies in our portfolio, social channels, or promotional materials. We will never disclose sensitive information or launch materials before your public release.

f. Enterprise Clients

For Enterprise Tier clients, intellectual property rights and file access may be further defined in a custom agreement or Master Service Agreement (MSA). In the event of a conflict between this document and the Enterprise agreement, the Enterprise terms shall take precedence.

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9. Use of Deliverables

Once ownership of final deliverables has been transferred (see Section 8), you may use the work in any legal and ethical manner appropriate to your business.  

a. Acceptable Use

You agree not to:

  • Resell, sublicense, or redistribute the deliverables as standalone assets (e.g. templates, logos, code snippets) without significant modification
  • Use deliverables in any way that violates applicable laws, including but not limited to deceptive marketing, hate speech, harassment, or illegal activity
  • Represent work created by Produce as being made by another party without proper modification or disclosure

b. Platform Compliance

If you use our deliverables on third-party platforms (e.g. websites, social media, marketplaces), you are responsible for ensuring that your use complies with that platform’s guidelines, terms of service, and content policies.

We are not liable for takedowns, account bans, or moderation actions taken by third parties against your content.

c. Legal & Regulatory Responsibility

While we make every effort to provide high-quality and compliant design work, we do not guarantee that deliverables will meet the specific legal, financial, advertising, or regulatory requirements of your industry or jurisdiction. You are solely responsible for the final use and distribution of the deliverables.

If you have specific compliance requirements (e.g. accessibility, sector-specific disclosures, advertising laws), please communicate them clearly at the beginning of the project.

d. Platform-Specific Limitations

If deliverables are intended for use on a specific platform (e.g. Webflow, Shopify, Framer, or digital advertising networks), you are responsible for ensuring that the final use complies with that platform’s technical, legal, and policy requirements.

We are not liable for removals, account restrictions, or rejections resulting from platform policy violations. Upon request, we can help adapt deliverables to meet known compliance standards, this may require additional time or fees.

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10. Portfolio Use & Promotion
a. Rights to Showcase Work

Unless otherwise agreed in writing, Produce reserves the right to showcase final deliverables in its portfolio, website, social media channels, newsletters, award submissions, and other promotional materials.

This includes:

  • Visual assets (e.g. mockups, screenshots, UI layouts, or motion snippets)
  • Project descriptions and strategic context
  • Non-confidential brand elements such as logos and taglines

b. Timing of Promotion

We will never publicly share or promote deliverables before your public release or launch. If you have a scheduled go-live date, media plan, or embargo, please inform us so we can align accordingly.

c. Confidential or Sensitive Work

If your project involves confidential assets, private launches, or internal-use materials, you may request that these remain excluded from our promotional use. We are happy to sign NDAs when necessary to ensure protection of your information.

d. Testimonials & Credits

You may be invited to provide a short testimonial about your experience with Produce. This is entirely optional. We may also include a small credit (e.g. “Design by Produce”) on publicly launched digital projects, with your prior approval.

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11. Account Access & Security
a. Shared Folder Access

All deliverables and relevant working files will be shared with you via a dedicated, private Microsoft OneDrive folder. The folder link will be provided to your designated primary contact at the start of the engagement.

You are responsible for managing internal access to this folder. Produce will not be liable for unauthorized access, misuse, or sharing of the link within your organization or by third parties.

b. Internal Collaboration

By default, communication will be handled via Microsoft Planner and file delivery via OneDrive. For clients on Enterprise plans or by special arrangement, we may also enable direct communication via Microsoft Teams.

You are responsible for ensuring that any team members added to shared spaces follow these Terms of Use and maintain a professional, respectful tone in all interactions. We reserve the right to remove or restrict access for individuals who violate these terms.

c. Security Notice

We recommend that you do not publicly share links to project files or folders. If you suspect any unauthorized access, please notify us immediately so we can regenerate secure links and restrict access as needed.

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12. User-Generated Content & Uploads
a. Responsibility for Provided Materials

You may be asked to provide assets such as brand guidelines, logos, product photos, copy, or other media (“Client Materials”) to support the design and development process.

By submitting any materials to Produce, you confirm that:

  • You have the legal right and necessary permissions to use and share those materials
  • The content does not infringe on any third-party rights, including copyright, trademark, or privacy laws
  • The materials are not illegal, offensive, defamatory, or otherwise harmful

You retain ownership of all materials you provide, and you grant Produce a limited license to use them for the purpose of fulfilling the project scope.

b. No Obligation to Vet

Produce is not obligated to verify the legality, accuracy, or originality of any content you provide. You are solely responsible for ensuring your uploaded or shared materials comply with applicable laws and do not violate third-party rights.

We reserve the right to refuse to work with any materials that we believe to be unlawful, offensive, or in breach of these terms.

c. Backup Responsibility

Please ensure you retain your own copies of all materials submitted to us. Produce is not responsible for storing, archiving, or retrieving original assets once they have been incorporated into deliverables.

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13. Confidentiality
a. Mutual Confidentiality

Both parties agree to maintain the confidentiality of any non-public, proprietary, or sensitive information disclosed during the course of the engagement (“Confidential Information”).

This includes but is not limited to:

  • Business plans and strategies
  • Brand concepts and creative materials
  • Technical processes, specifications, and workflows
  • Pricing, contracts, or internal communications
  • Project-related information not intended for public release

Confidential Information must not be shared with third parties or used outside the scope of the project without prior written consent from the disclosing party.

b. Internal Access

Each party may share Confidential Information with its employees, contractors, or partners only on a need-to-know basis and only if they are bound by similar confidentiality obligations.

c. Exclusions

Confidentiality obligations do not apply to information that:

  • Was publicly known at the time of disclosure
  • Becomes publicly available through no fault of the receiving party
  • Is lawfully obtained from another source without restriction
  • Is independently developed without reference to the disclosed information

d. Duration

The obligations outlined in this section will remain in effect during the term of the project and for a period of two (2) years after its conclusion, unless otherwise agreed in writing.

e. Non-Disclosure Agreements (NDAs)

For Enterprise clients or by request, Produce is willing to sign a separate Non-Disclosure Agreement (NDA) to ensure alignment with your internal policies and confidentiality standards. In cases where a separate NDA is signed, the terms of that agreement will supersede this section where applicable

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14. Termination
a. Cancellation by You

You may cancel your subscription at any time by providing written notice via email. Your subscription will remain active until the end of your current billing cycle, after which it will not be renewed.

No refunds will be issued for any unused portion of the current billing period. If you cancel before the next billing date, you will continue to receive access and support until the end of that period.

Cooling-Off Period for EU-Based Clients

Clients located in the European Union may be entitled to a statutory cooling-off period of 14 days following the start of their subscription. If you wish to cancel within this period, please notify us in writing. If project work has already begun during this time, we reserve the right to deduct a fair portion for work completed.

b. Termination by Produce

Produce reserves the right to suspend or terminate your subscription and access to services if:

  • You breach these Terms of Use
  • You fail to make payment after a reasonable grace period
  • You engage in abusive or inappropriate behavior toward team members
  • Your project materially conflicts with our ethical, legal, or business guidelines

In such cases, no refunds will be issued.

c. Enterprise Agreements

For clients under Custom Enterprise agreements, the termination terms outlined in the signed contract or Statement of Work (SOW) will take precedence. In the absence of such an agreement, a minimum of 30 days written notice is required for early termination by either party.

d. Effect of Termination

Upon termination:

  • Your access to shared workspaces and communication tools will be revoked
  • Your OneDrive folder will remain accessible for a limited time (up to 7 days) for final downloads
  • Ongoing tasks will be paused or discontinued
  • You are responsible for downloading any final assets before access is closed

e. Long-Term Retention

We do not guarantee file storage beyond the active service period. Please ensure you have downloaded all final deliverables before the termination date.

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15. Indemnification

You agree to indemnify, defend, and hold harmless Produce, its directors, employees, contractors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt including reasonable legal fees arising from:

  • Any content, materials, or assets you provide to us, including but not limited to third-party copyrights, trademarks, or intellectual property claims
  • Your use or misuse of the services or deliverables outside of their intended purpose
  • Your violation of any of these Terms of Use or applicable laws
  • Any third-party claims resulting from your business, product, or communications using assets produced by us

We reserve the right to take exclusive control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

Mutual Responsibility

Likewise, Produce agrees to indemnify and hold you harmless from any direct claims resulting from intentional misconduct, gross negligence, or proven infringement arising solely from our own actions or original content.

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16. Limitations of Liability

To the fullest extent permitted by law, Produce and its affiliates, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages   including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption arising from or related to:

  • Your use of (or inability to use) our services or deliverables
  • Delays in delivery or communication
  • Third-party tools, platforms, or integrations used to complete your project
  • Any decisions you make based on our work or guidance

This limitation applies whether such damages arise in contract, tort, negligence, warranty, or otherwise, even if Produce has been advised of the possibility of such damages.

Maximum Liability

In any event, Produce’s total cumulative liability for any claims arising out of or related to these Terms shall not exceed the total amount paid by you to Produce in the twelve (12) months prior to the event giving rise to the claim.

“As-Is” Services

All services and deliverables are provided “as is” and “as available,” without warranties of any kind, either express or implied. We do not guarantee that the services will be uninterrupted, error-free, or fully compatible with your existing systems unless explicitly stated.

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17. Third-Party Tools Disclaimer

As part of our workflow, Produce may use third-party tools, platforms, and services including, but not limited to:

Webflow, Framer, Figma, Microsoft 365 (OneDrive, Planner, Teams), Adobe Suite and AI-powered design tools.

While we select these tools carefully and use them in good faith to deliver high-quality work, we do not warrant or guarantee the performance, availability, or long-term operability of any third-party service. You acknowledge and agree that:

  • Any outages, bugs, data loss, or limitations of third-party platforms are outside of our control.
  • We are not responsible for changes to functionality, service interruptions, or updates made by these providers.
  • Your use of such tools may be subject to their own Terms of Service, Privacy Policies, and licensing terms.
  • Where relevant, you may be required to set up your own accounts or licenses to enable collaboration or ongoing access after the project ends.
  • Once handover is complete, you are responsible for maintaining your own access to platforms such as Webflow, Framer, or Microsoft 365.
  • If applicable, you will need to create your own account(s) and/or transfer ownership to continue editing or managing your project independently.

Use of AI Tools

We may leverage AI-powered tools to assist with ideation, content drafting, image generation, or creative exploration. All AI outputs are reviewed by a human designer. However, due to the nature of generative systems, we do not guarantee originality, factual accuracy, or exclusion of bias in AI-generated content. It is your responsibility to review and approve the final outputs for accuracy and compliance before use.

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18. Force Majeure

Produce shall not be held liable for any delay or failure to perform its obligations under these Terms if such delay or failure is due to causes beyond its reasonable control, including but not limited to:

  • Natural disasters
  • Acts of God
  • War, terrorism, or civil unrest
  • Governmental actions or regulations
  • Internet or utility outages
  • Strikes, labor disputes, or shortages
  • Pandemic or public health emergencies
  • Failure or delay of third-party service providers or platforms

In such cases, we will make reasonable efforts to resume services as soon as possible. Any delays due to force majeure events shall not be considered a breach of contract, and no refunds will be issued for time lost due to such events.

If a force majeure event continues for more than 30 days, either party may choose to terminate the agreement with written notice.

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19. Survival of Terms

Certain provisions of these Terms shall survive the termination or expiration of your relationship with Produce, including but not limited to:

  • Payment obligations
  • Intellectual property rights
  • Confidentiality and non-disclosure
  • Indemnification
  • Limitations of liability
  • Dispute resolution and governing law
  • Portfolio usage rights (if granted)

These sections will remain enforceable even after your subscription or engagement with Produce ends.

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20. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

You agree that any disputes, claims, or legal proceedings arising out of or relating to these Terms or your use of our services shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

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21. Modifications to These Terms

Produce reserves the right to update, revise, or modify these Terms at any time, at our sole discretion. When we make material changes, we will provide notice by:

  • Updating the “Last Updated” date at the top of this document, and
  • Communicating changes via email or prominently within our shared project environments (e.g., OneDrive or Planner), where applicable.

Your continued use of our services after any such modifications constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the services and may cancel your subscription in accordance with the cancellation policy.

We encourage you to review these Terms periodically to stay informed about any updates.

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22. Contact Information

If you have any questions about these Terms, or need to contact us regarding legal, billing, or service-related matters, you can reach us at:

Produce

407 Lincoln Rd Stf. 8N-289

Miami Beach, FL 33139

United States

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Email: info@produce-design.com

Please allow up to 3 business days for a response to legal or policy-related inquiries.

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