Terms of Service
This website is operated by Outperform Studio LTD having a registered business address at Vera Mutafchieva 3 apt 4, 1407 Sofia (Bulgaria) (“we,” “us,” and “our”).
We offer this website, including all information, tools, products, and services (collectively, “Outperform Studio”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated in these Outperform Studio Terms of Service (the “Terms of Service”). Please read these Terms of Service carefully before accessing Outperform Studio. By accessing or using Outperform Studio, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this document, then you may not use Outperform Studio services or products. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to our website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to Outperform Studio following the posting of any changes constitutes acceptance of those changes.
Our website is hosted on Shopify Inc. located in Ottawa, Ontario. They provide us with an online e-commerce platform that allows us to sell our services to you.
SECTION 1 - ACCEPTANCE OF THE TERMS
You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use Outperform Studio for any illegal or unauthorized purpose or, by using Outperform Studio, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of these Terms of Service will result in an immediate termination of your use of Outperform Studio among other measures.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse the provision of Outperform Studio LTD to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of Outperform Studio LTD, access or use Outperform Studio LTD, or any contact on the website through which the service is provided, without express wrote permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 3 - MODIFICATIONS TO Outperform Studio LTD AND PRICES
Prices for our products and services will be displayed on Outperform Studio and remain subject to change without notice. We do not issue refunds for any fees paid by our clients who are non-consumers. If you use Outperform Studio as a consumer, you have the right to withdraw from a service contract within 7 days from the day the contract was concluded, unless the provision of our services has already begun. Please contact us for more information. Clients using Outperform Studio can select to purchase a one-time service or a three-month subscription. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of Outperform Studio packages. If the customer terminates the contracted service of the 3 month-package with Outperform Studio before the expiration of this agreement, the customer acknowledges and agrees to pay an early termination penalty equal to $1500 USD. This has to be paid on the same day of the early termination date. If not paid, Outperform Studio reserves the right to collect such fee(s) either through collection agencies or legal litigation.We reserve the right at any time to modify or discontinue Outperform Studio LTD (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of Outperform Studio LTD.
SECTION 4 - PROVISION OF THE SERVICES
Certain Outperform Studio products or services, inlacing, without limitation, video ad creatives, branded ads, product and brand photography, and custom orders (collectively, the “Services”) may be available exclusively online. These Services may have limited quantities and availability. We reserve the right but are not obligated, to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of the Services or their pricing are subject to change at any time without notice, at our sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this site is void where prohibited.
We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in Outperform Studio LTD will be corrected.
The order and delivery of the Services shall be governed by a separate service agreement concluded by and between you, our client, (the “Client”) and us (collectively, the “Parties”). Unless stated otherwise in the service agreement, the following terms shall apply to the Services:
Delivery of the Services. The deadlines for delivering the Services are subject to an agreement between us and you (usually, it takes around 10 business days from the day we receive your product to deliver the Services). We reserve the right to adjust or change the delivery timelines with a notice to you, e.g., due to unforeseen circumstances or force majeure events. The delivery time depends on your timely communication with us pertaining to different Services delivery stages. We are not responsible for the delay to deliver the Services that occurs due to your failure to communicate with us in a timely manner.
Scope of the Services. The scope of the Services must be approved by you, our client, in a brief sent by email. As soon as the brief is sent to post-production, the client shall not be entitled to request changes or modifications to the scope of the Services defined in the brief.
Revisions. The number of revision rounds related to the delivery of the Services shall be agreed upon by the package purchased by you. A ‘revision’ shall be defined as any change to the content that has already been submitted to the Client as a part of the Services (e.g., design and copy changes or tweaks). The term ‘revision’ excludes correcting mistakes made by us in post-production (e.g.,
misspelled or missing words), which will be referred to as ‘corrections’. After detecting a correction to be made, the Client agrees to send us a request to make the corrections without undue delay. We reserve the right, at our sole discretion, to change the definition of the term ‘revision’ at any time. Each Client is entitled to 1 (one) revision round per piece of content delivered to the Client. The request for a revision should be submitted no later than within 2 (two) weeks from the day the Client receives the content. Should the delivery of the Services constitute a ‘package,’ the Client must send all requests for revisions as a single revision request. The revision may be requested (i) either before the Client tests the delivered content or (ii) After the Client tests the received content and returns to us with data on the performance of the delivered content. Any requests related to the change of the submitted content that is not subject to revision will be subjected to an additional service fee. Below, we provide two examples of revisions:
A revision example 1: if the Client changes its mind about the fonts or colors to be used in the ordered content, the Client can only request a single change per piece of content (e.g., a video ad). If the Client merely does not like something about the received content, the Client needs to gather all of the requested changes in a single revision request.
A revision example 2: after the Client tests the piece of content received from us (e.g., an ad), the Client gives us feedback about its performance, and we apply changes to optimize that content.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through Outperform Studio is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7 - THIRD-PARTY LINKS
Certain content, products, and services available via Outperform Studio may include materials from third parties.
Third-party links on Outperform Studio may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 8 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation: (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Outperform Studio or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 9 - PERSONAL INFORMATION
SECTION 10 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on Outperform Studio that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on Outperform Studio or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on Outperform Studio or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on Outperform Studio or on any related website should be taken to indicate that all information on Outperform Studio or on any related website has been modified or updated.
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using Outperform Studio: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Outperform Studio or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of Outperform Studio or any related website, other websites, or the Internet. We reserve the right to terminate your use of Outperform Studio or any related website for violating any of the prohibited uses.
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
SECTION 13 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - TERMINATIONThe obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use Outperform Studio, or when you cease using Outperform Studio.