Terms of Service

Last Updated: November 24, 2024

1. Introduction

These Terms of Service (“Terms”) govern your use of services provided by GibbonStudios, an auto-entrepreneur registered in France. By accessing or using our services, you agree to be bound by these Terms.

2. Service Provider Information

Services are provided by GibbonStudios, operating as an auto-entrepreneur (micro-entrepreneur) under French law. All services are subject to the limitations and protections afforded to auto-entrepreneurs under French legislation.

3. Services Provided

GibbonStudios provides digital services including but not limited to web development, application development, and AI integration services. All services are provided on an “as-is” basis with professional care and attention.

4. Payment Terms

4.1 Payment Processing

Payments are processed through Stripe, a third-party payment processor. By making a payment, you agree to Stripe’s terms of service and acknowledge that GibbonStudios acts solely as a service provider and not as a payment intermediary.

4.2 No Refund Policy

All sales are final. Due to the nature of digital services and the immediate delivery of work product, we do not offer refunds once services have commenced or deliverables have been provided.

4.3 Payment Disputes

IMPORTANT: By using our services, you expressly agree NOT to initiate chargebacks, payment disputes, or claims through Stripe, your bank, or credit card company except in cases of proven fraud or unauthorized transactions.

Any disputes regarding service quality, deliverables, or satisfaction must be addressed directly with GibbonStudios through our contact channels before any payment dispute is initiated. Initiating a chargeback or payment dispute without first attempting to resolve the matter directly constitutes a breach of these Terms.

4.4 Consequences of Unauthorized Disputes

If you initiate an unauthorized chargeback or payment dispute, GibbonStudios reserves the right to:

  • Immediately suspend or terminate all services
  • Pursue legal action to recover the disputed amount plus associated fees and legal costs
  • Report the fraudulent dispute to relevant authorities
  • Ban you from future use of our services

5. Limitation of Liability

5.1 Auto-Entrepreneur Status

As an auto-entrepreneur under French law, GibbonStudios operates with limited liability. Our liability is strictly limited to the amount paid for the specific service in question.

5.2 Exclusion of Consequential Damages

To the maximum extent permitted by French law, GibbonStudios shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits or revenue
  • Loss of business opportunities
  • Loss of data or information
  • Business interruption
  • Reputational damage

5.3 Maximum Liability Cap

In no event shall GibbonStudios’ total aggregate liability exceed the total amount paid by you for the specific service giving rise to the claim, regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise.

6. Intellectual Property

6.1 Ownership

Upon full payment, you receive ownership of the final deliverables as specified in your service agreement. GibbonStudios retains the right to use the work in our portfolio and for promotional purposes unless otherwise agreed in writing.

6.2 Pre-existing Materials

GibbonStudios retains all rights to pre-existing materials, frameworks, libraries, and methodologies used in the creation of your deliverables.

7. Client Responsibilities

You agree to:

  • Provide accurate and complete information necessary for service delivery
  • Respond to communications in a timely manner
  • Provide timely feedback and approvals
  • Make payments according to agreed terms
  • Not use our services for any illegal or unauthorized purpose

8. Warranties and Disclaimers

8.1 Service Warranty

GibbonStudios warrants that services will be performed with reasonable skill and care consistent with industry standards. This warranty is limited to a period of 30 days from delivery of the final deliverables.

8.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Termination

Either party may terminate the service agreement with written notice. Upon termination:

  • You remain obligated to pay for all services rendered up to the termination date
  • GibbonStudios will deliver all completed work
  • No refunds will be provided for services already rendered or payments already made

10. Force Majeure

GibbonStudios shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

11. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of the service relationship. This obligation survives termination of the service agreement.

12. Dispute Resolution

12.1 Good Faith Negotiation

In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiation.

12.2 Mediation

If negotiation fails, the parties agree to attempt mediation before pursuing litigation.

12.3 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with French law. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of France, and the parties hereby consent to the personal jurisdiction and venue of such courts.

13. Indemnification

You agree to indemnify, defend, and hold harmless GibbonStudios from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Any content or materials you provide to us

14. Modification of Terms

GibbonStudios reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and GibbonStudios regarding the use of our services and supersede all prior and contemporaneous written or oral agreements.

17. Contact Information

For any questions regarding these Terms, please contact us through the contact form on our website or via the contact information provided in your service agreement.

18. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.