Terms of Service

 

TERMS OF SERVICE

Effective Date: February 10, 2025
Last Updated: September 2, 2025

AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and OCTESSENCE, a strategic brand and business design studio ("Company," "we," "us," or "our"), governing your access to and use of the www.octessence.studio website (the "Website") and all related services, products, content, and proprietary frameworks offered by OCTESSENCE.

OCTESSENCE specializes in comprehensive brand and business design, utilizing our proprietary 8-element framework that bridges strategic substance with aesthetic excellence. Our approach begins with Substance — the 8th Element of Design — ensuring that every aspect of your brand is aligned, functional, intentional, and scalable.

By accessing or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are prohibited from using or accessing this Website.

1. ACCEPTANCE OF TERMS

1.1 Legal Capacity

By using this Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding agreements. If you are accessing this Website on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

1.2 Modifications to Terms

OCTESSENCE reserves the right to modify these Terms at any time at our sole discretion. All changes will be effective immediately upon posting to this Website. The "Last Updated" date at the top of these Terms will be revised accordingly. Your continued use of the Website following any modifications constitutes your acceptance of the revised Terms.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Ownership

All content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, designs, layouts, proprietary frameworks, methodologies, the OCTESSENCE 8-element framework, the concept of "Substance as the 8th Element of Design," and all other materials ("Content"), is the exclusive property of OCTESSENCE or its licensors and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

2.2 Proprietary Methodologies

The OCTESSENCE 8-element framework, including the concept of Substance as the foundational element of design, our strategic brand development processes, and all related methodologies, are proprietary trade secrets and intellectual property of OCTESSENCE. Any unauthorized use, reproduction, or disclosure of these methodologies is strictly prohibited and may result in legal action.

2.3 Limited License

Subject to your compliance with these Terms, OCTESSENCE grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and view the Content for personal, non-commercial purposes

  • Download or print Content for personal, non-commercial use, provided you maintain all copyright and proprietary notices

2.4 Prohibited Uses

You may NOT:

  • Reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Content without our express written permission

  • Use, copy, or adapt our proprietary 8-element framework or methodologies for any purpose

  • Use any Content for competitive analysis or to build a competing service

  • Replicate our strategic design processes or brand development methodologies

  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices

  • Use any data mining, robots, or similar data gathering and extraction methods

  • Frame or mirror any part of the Website without our express written permission

  • Reverse engineer, decompile, or disassemble any software, methodologies, or technology used on the Website

  • Teach, train others, or create educational materials based on our proprietary frameworks without licensing

3. USER OBLIGATIONS AND PROHIBITED CONDUCT

3.1 Acceptable Use

You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable federal, state, local, or international law or regulation

  • Transmit any material that is defamatory, obscene, fraudulent, or otherwise objectionable

  • Impersonate any person or entity or falsely state or misrepresent your affiliation

  • Interfere with or disrupt the Website or servers/networks connected to the Website

  • Attempt to gain unauthorized access to any portion of the Website or any systems or networks

  • Use the Website to transmit viruses, malware, or any other malicious code

  • Engage in any conduct that restricts or inhibits any other user's enjoyment of the Website

  • Harvest or collect personal information about other users without their consent

3.2 Security Violations

You are prohibited from violating or attempting to violate the security of the Website, including without limitation:

  • Accessing data not intended for you or logging into accounts you are not authorized to access

  • Attempting to probe, scan, or test the vulnerability of any system or network

  • Attempting to interfere with service to any user, host, or network

4. SERVICES AND PRODUCTS

4.1 Strategic Design Services

OCTESSENCE provides strategic brand and business design services including but not limited to:

  • Brand strategy and positioning

  • Visual identity development

  • Core messaging and communication systems

  • Marketing system design

  • Internal workflow optimization

  • Business design consulting

  • Implementation of our proprietary 8-element framework

All services are delivered according to our philosophy that substance must precede style, ensuring brands that are not just visually compelling but strategically sound and operationally effective.

4.2 Digital Products

  • Digital products, including templates, frameworks, and educational materials, are delivered electronically via email or download link upon payment confirmation

  • Due to the immediate access nature of digital products, all sales are final unless a technical issue prevents access

  • You may not redistribute, resell, or share digital products without express written permission

  • All digital products remain subject to our intellectual property rights

4.3 Professional Services

When engaging OCTESSENCE for consulting, branding, training, design, or other professional services:

  • Services are provided on an as-is basis with no guarantee of specific outcomes

  • You acknowledge that results depend on numerous factors beyond our control

  • Implementation of our recommendations is at your sole discretion and risk

  • Payment terms and project scope will be outlined in separate service agreements

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any service or product at any time without notice or liability.

5. PAYMENT TERMS

6.1 Pricing

All prices are in U.S. dollars unless otherwise specified. We reserve the right to change prices at any time without notice.

6.2 Payment Processing

  • Payment must be received in full before digital products are delivered or services commence

  • We accept payment methods as indicated on the Website

  • You are responsible for all applicable taxes unless we are legally required to collect them

6.3 Deposits and Cancellations

  • Professional services require a non-refundable deposit as specified in service agreements

  • Cancellation of services after work has commenced will result in billing for all work completed

  • Refund eligibility is determined on a case-by-case basis at our sole discretion

7. NON-COMPETE AND COMPETITIVE PROTECTION

7.1 Competitive Use Prohibited

If you are engaged in providing similar services (brand design, business design, strategic consulting, or related fields), you may not use this Website or our services to:

  • Extract, copy, or adapt our methodologies, frameworks, or processes

  • Analyze our proprietary 8-element framework for competitive purposes

  • Replicate our service offerings or strategic approaches

  • Solicit or engage with our clients for competitive purposes

  • Use insights gained from our content or services to compete against OCTESSENCE

7.2 Protection Period

These restrictions remain in effect during your use of the Website and for two (2) years following any termination of access or services.

7.3 Remedies

OCTESSENCE reserves the right to seek injunctive relief and damages for any violation of these competitive protection provisions.

8. PRIVACY AND DATA PROTECTION

8.1 Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to our collection, use, and disclosure of information as described in the Privacy Policy.

8.2 Data Security

While we implement reasonable security measures to protect your information, no method of transmission over the Internet is 100% secure. You acknowledge and accept the inherent risks of providing information online.

8.3 Communications

By providing your email address, you consent to receive electronic communications from OCTESSENCE regarding your account, services, and promotional materials. You may opt out of promotional emails at any time.

9. THIRD-PARTY LINKS AND CONTENT

The Website may contain links to third-party websites, services, or content that are not owned or controlled by OCTESSENCE. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that OCTESSENCE shall not be liable for any damage or loss caused by your use of any third-party content.

10. DISCLAIMERS

10.1 No Warranties

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, OCTESSENCE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 No Professional Advice

Content on this Website is for general informational purposes only and does not constitute professional advice. While we provide strategic design and business consulting services, any general content on the Website should not be relied upon as a substitute for tailored professional consultation.

10.3 Accuracy of Information

While we strive to provide accurate and up-to-date information, we make no representations or warranties about the accuracy, reliability, completeness, or timeliness of any Content.

11. LIMITATION OF LIABILITY

11.1 Disclaimer of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OCTESSENCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE.

11.2 Cap on Liability

IN NO EVENT SHALL OCTESSENCE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE WEBSITE OR PURCHASING PRODUCTS/SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11.3 Basis of the Bargain

YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND OCTESSENCE AND THAT OCTESSENCE WOULD NOT PROVIDE ACCESS TO THE WEBSITE WITHOUT SUCH LIMITATIONS.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless OCTESSENCE, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms

  • Your use of the Website

  • Your violation of any rights of another party

  • Any content you submit, post, or transmit through the Website

  • Any unauthorized use of our proprietary frameworks or methodologies

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@octessence.design to attempt to resolve any dispute informally.

13.3 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in California, and judgment on the award may be entered in any court having jurisdiction.

13.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. TERMINATION

14.1 Termination by OCTESSENCE

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

14.2 Effect of Termination

Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms constitute the entire agreement between you and OCTESSENCE regarding the use of the Website and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term.

15.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. OCTESSENCE may assign these Terms without restriction.

15.5 Force Majeure

OCTESSENCE 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, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16. ACCESSIBILITY

OCTESSENCE is committed to ensuring digital accessibility for all users. If you encounter any accessibility barriers on our Website, please contact us at accessibility@octessence.design with details about the specific issue and any assistive technology you use.

17. COPYRIGHT INFRINGEMENT (DMCA)

If you believe that any content on this Website infringes your copyright, please notify us in writing at:

OCTESSENCE
Attn: HANA Catlett
Email: hello@octessence.studio

Your notice must include:

  • Identification of the copyrighted work claimed to be infringed

  • Identification of the allegedly infringing material

  • Your contact information

  • A statement of good faith belief

  • A statement of accuracy under penalty of perjury

  • Your physical or electronic signature

18. CONTACT INFORMATION

For questions about these Terms of Service, please contact us at hello@octessence.studio.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.