Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("you," "Client," or "User") and Lex Web Studio, a Florida-based digital studio ("Lex Web Studio," "we," "our," or "us"). By accessing or using lexwebstudio.com (the "Site") or engaging us for design, development, AI/automation, consulting, or related services ("Services"), you agree to these Terms and to our Privacy Policy.

If you are entering into these Terms on behalf of a company or other entity, you represent that you have the authority to bind that entity. If you do not agree, do not use the Site or our Services.

These Terms may be accepted electronically. Under the federal E-SIGN Act and applicable state e-signature laws (including the Florida Electronic Signature Act and the Uniform Electronic Transactions Act), electronic acceptance has the same legal effect as a handwritten signature.

Specific deliverables, timelines, fees, milestones, acceptance criteria, change-order procedures, and any project-specific terms are governed by a separate written proposal, statement of work, or master services agreement ("SOW") executed between Lex Web Studio and the Client. In the event of a conflict between these Terms and a signed SOW, the SOW controls for that engagement.

We reserve the right to decline or terminate engagements that fall outside our scope of expertise, conflict with existing client commitments, raise material conflicts of interest, or violate applicable law.

We may engage independent contractors or subcontractors to assist in delivery. We remain responsible for the performance of our subcontractors with respect to the Services.

(a) Site Content. All content on the Site — including text, graphics, logos, the "Lex Web Studio" name and brand, animated SVG and 3D assets, and software — is the property of Lex Web Studio or its licensors and is protected by US and international copyright, trademark, and other intellectual-property laws. You may not copy, redistribute, modify, or create derivative works of Site content without our prior written permission, except as expressly permitted by these Terms or by applicable fair-use principles.

(b) Client Deliverables. Subject to full payment of all fees due under the applicable SOW, Lex Web Studio assigns to the Client all right, title, and interest in the final, accepted deliverables produced specifically for that engagement, on a "work made for hire" basis under 17 U.S.C. § 101 (and, to the extent any deliverable does not so qualify, by present assignment of all rights). Until full payment, all rights in deliverables remain with Lex Web Studio.

(c) Pre-Existing and Background IP. We retain all rights in our underlying tools, methodologies, frameworks, libraries, code components, design systems, and any pre-existing materials we contribute (collectively, "Background IP"). Upon full payment, we grant the Client a perpetual, worldwide, non-exclusive, royalty-free license to use Background IP solely as embedded in the delivered work.

(d) Third-Party Components. Deliverables may incorporate third-party open-source software or licensed components, each governed by its own license terms. We will identify material third-party components on request.

(e) Portfolio and Marketing Use. Unless the SOW provides otherwise, Lex Web Studio may identify the Client as a customer and display non-confidential representations of the work (screenshots, descriptions, public URLs) in our portfolio, case studies, and marketing materials.

The Client retains all rights in materials it provides to us (logos, copy, brand assets, data, "Client Materials") and grants us a non-exclusive license to use them solely to perform the Services. The Client represents that it owns or has the necessary rights to all Client Materials and that our use will not infringe any third-party right.

Each party agrees to keep the other party's non-public business, technical, and strategic information confidential, to use it solely for purposes of the engagement, and to protect it with at least the same degree of care it uses for its own confidential information (and no less than reasonable care). Confidentiality obligations survive termination for three (3) years, except for trade secrets, which are protected indefinitely under the Florida Uniform Trade Secrets Act and the federal Defend Trade Secrets Act.

Fees, deposits, payment schedules, late-payment terms, and refund eligibility are defined in each SOW. Standard practice: deposits are non-refundable once work begins; invoices are due net 14 unless stated otherwise; late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by Florida law; and we may suspend work for non-payment after written notice.

Where the Site offers paid services that can be purchased directly through online checkout, the price, billing cadence, refund window, and cancellation policy disclosed at checkout govern that transaction. Payments are processed by Stripe; we do not store full card numbers on our systems.

You are responsible for any taxes (other than taxes on our net income) applicable to fees charged.

Some of our Services involve artificial-intelligence, machine-learning, and automation tooling — including third-party large-language-model providers (e.g., OpenAI, Anthropic, Google), agent frameworks, and workflow automation. You acknowledge that:

(a) AI outputs are probabilistic and may contain errors, omissions, or "hallucinations"; outputs should be reviewed by a qualified human before being relied on for material decisions.

(b) AI providers process inputs subject to their own terms and privacy policies; you should not submit confidential, regulated, or personal data to AI tools unless our SOW expressly addresses it.

(c) Ownership of AI-generated content under US copyright law is unsettled; we cannot warrant that AI-generated outputs are protectable as copyrighted works.

(d) We are not liable for outcomes that depend on third-party AI systems being available, accurate, or unchanged. Specific AI performance commitments must appear in the SOW to be binding.

You agree not to: (a) use the Site or Services for any unlawful, fraudulent, or harmful purpose; (b) infringe any third-party intellectual property, privacy, or publicity right; (c) attempt to gain unauthorized access to any portion of the Site, our systems, or another user's account; (d) interfere with or disrupt the Site's operation, integrity, or security, including by introducing malware, scraping at volumes that degrade performance, or circumventing rate limits; (e) submit false, misleading, automated, or bot-generated form submissions; (f) reverse-engineer or decompile any software we provide, except as permitted by law; or (g) use the Site or Services to transmit content that is defamatory, obscene, harassing, or otherwise objectionable.

We may investigate and prosecute violations to the fullest extent permitted by law and may cooperate with law-enforcement authorities.

We respect intellectual-property rights and respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). To submit a notice, send the following to our designated agent:

• An electronic or physical signature of the copyright owner (or authorized agent);
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material claimed to be infringing and information reasonably sufficient to locate it (e.g., URL);
• Your address, telephone number, and email;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner.

Designated DMCA Agent:
Lex Web Studio — DMCA Agent
Email: dmca@lexwebstudio.com

We will respond to valid notices in accordance with the DMCA and may terminate the access of users who are repeat infringers. Filing a false notice may subject you to liability for damages under 17 U.S.C. § 512(f).

We are committed to making the Site usable by people with disabilities and design our public-facing pages with reference to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, consistent with the Americans with Disabilities Act (ADA) Title III.

If you encounter an accessibility barrier on the Site, please contact hello@lexwebstudio.com with the page URL and a description of the issue, and we will work to address it promptly.

The Site and our Services may integrate with or link to third-party platforms (including but not limited to Stripe, Google, Resend, hosting providers, AI providers, and analytics tools). We are not responsible for the content, availability, security, terms, or practices of third parties. Your use of any third-party service is subject to that service's own terms and privacy policy.

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEX WEB STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE OR PRODUCED BY AI TOOLS.

NOTHING IN THESE TERMS LIMITS WARRANTIES OR RIGHTS THAT, BY APPLICABLE LAW, CANNOT BE EXCLUDED OR LIMITED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LEX WEB STUDIO OR ITS OWNERS, OFFICERS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY.

OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO A PAID ENGAGEMENT WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT THE CLIENT PAID US UNDER THE APPLICABLE SOW IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED US DOLLARS (US$100).

THE FOREGOING LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless Lex Web Studio and its owners, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms or any SOW; (b) your misuse of the Site or Services; (c) Client Materials or content you provide to us, including any allegation that they infringe a third party's rights; or (d) your violation of any law or third-party right.

We may suspend or terminate your access to the Site at any time, with or without notice, including for breach of these Terms or where we reasonably believe access creates legal or security risk. Termination of an active paid engagement is governed by the applicable SOW.

Sections of these Terms that by their nature should survive termination — including Intellectual Property, Confidentiality, Payment, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law — will survive.

(a) Informal Resolution. Before filing a claim against us, you agree to attempt to resolve the dispute informally by emailing hello@lexwebstudio.com with a written description. We will try to resolve the dispute within 60 days.

(b) Binding Arbitration. Except as set forth below, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site or Services that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Rules where applicable). The arbitration will be conducted in Florida, in English, by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

(c) Class-Action Waiver. You and Lex Web Studio each agree that any dispute will be resolved only on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

(d) Exceptions. Either party may bring an individual action in small-claims court for disputes within that court's jurisdiction, and either party may seek injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual-property rights or confidentiality.

(e) 30-Day Right to Opt Out. You may opt out of this arbitration agreement by emailing arbitration-optout@lexwebstudio.com within 30 days of first accepting these Terms with a written statement of opt-out and your name and contact information. Opting out does not affect any other provision of these Terms.

These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the arbitration provision above, any judicial action permitted under these Terms will be brought exclusively in the state or federal courts located in Florida, and you consent to personal jurisdiction and venue in those courts.

You consent to receive electronic communications from us, including by email and through notices posted on the Site. Electronic communications satisfy any legal requirement that a communication be in writing. Notices to us must be sent to hello@lexwebstudio.com.

These Terms, together with any applicable SOW and our Privacy Policy, constitute the entire agreement between you and Lex Web Studio regarding the subject matter and supersede all prior agreements on that subject. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be reformed to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Headings are for convenience only.

We may update these Terms from time to time. The "Effective" date at the top of this page reflects the latest revision. Material changes will be highlighted on the Site or communicated by email where we have one. Your continued use of the Site or Services after the effective date constitutes acceptance of the updated Terms.

Questions about these Terms can be sent to hello@lexwebstudio.com or through our contact form. For copyright notices, contact dmca@lexwebstudio.com. For privacy requests, contact privacy@lexwebstudio.com.