Frilled

Terms of Service

Effective Date: June 22, 2025

We believe in keeping things clear, fair, and simple. But for the sake of clarity, the following terms of service outline the specifics of our agreement regarding our services.

Definitions

"Services" means the design and consulting services offered by Frilled as described in this Agreement
"Deliverables" means all work product, designs, documents, and materials created by Frilled for the Customer
"Business Day" means Monday through Friday, 9:00 AM to 5:00 PM Australian Eastern Time, excluding Australian public holidays observed in Sydney, New South Wales
"Commencement" means the date on which Frilled begins work on the Services after receipt of payment
"Customer" means the individual or entity purchasing Services from Frilled
"Agreement" means these Terms of Service

Introduction

These Terms of Service (the "Agreement") constitutes a legally binding agreement between Frilled Pty Ltd, a Proprietary Limited Liability Company established in Australia ("Frilled"), and the Customer, whether an individual or in their capacity to represent an entity ("Customer"), with respect to the use of Frilled's design and consulting services ("Services"), including its website, and any related media, website, or application. By using Frilled's Services, you agree to comply with and be bound by the following terms and conditions. Failure to agree to and adhere to all terms, conditions, and obligations contained herein will result in termination of the Agreement, the immediate prohibition of the Customer's use of the Services, and an agreement to immediately discharge any outstanding obligations, such as payment for Services.

Services

Frilled offers the following Services:

1. Fractional Design Lead

The Fractional Design Lead service provides ongoing product design leadership on a fractional basis, wherein a senior product designer is embedded with the Customer's team on a recurring monthly engagement.

Terms & Billing

Payment is due upfront before the Commencement of each month of service.
Fractional Design Lead services are billed on a monthly recurring basis.
The Customer may request a 50% refund if not 100% satisfied after the first month, provided that:
1. The request for refund is made at least 3 Business Days before the end of the first month.
2. Payment was made upfront.

If a refund is issued, no intellectual property rights will be assigned to the Customer, though Customer will retain a perpetual, non-exclusive license to use the Deliverables.

Fractional Model Terms

Fractional: Services are provided on a fractional basis, not full-time. There is no fixed allotment of hours, unless agreed to in writing by both parties.
Timezone: Work is performed 5 Business Days per week, Monday to Friday, excluding public holidays, and is based in Australian Eastern Standard Time (AEST).
Consulting Calls: Under the standard fractional agreement, Frilled and the Customer will typically have 1-3 consulting calls per week, scheduled in advance and subject to availability. Calls will not be scheduled before 8am Australian Eastern Standard Time (AEST) except where agreed to by Frilled. Missed calls, whether due to mutual agreement or the Customer's choice, will not constitute a breach of this Agreement.
Communications: Aside from weekly consulting calls, work and communications are primarily conducted asynchronously. The Customer acknowledges that Frilled's services are available only during Australian Eastern Standard Time (AEST) working hours.
Deliverables: Deliverable updates are generally provided every two Business Days. This may vary depending on project scope and complexity and does not represent a guarantee. Larger-scoped deliverables may have less frequent updates.
Monthly Billing: Consulting fees are charged on a monthly basis, paid in advance. Payments must be made via the Stripe payment portal or direct bank transfer before work commences.
Payment Due Date: Payment is due on the first day of each billing cycle.
Late Payments: If payment is not received by the due date, Frilled reserves the right to suspend all Services until payment is made in full.
Taxes: All fees are exclusive of any applicable taxes, which will be added to the consulting fee and invoiced to the Customer.
Payment Methods: Payments must be made using a valid credit or debit card through the Stripe payment portal, or by direct bank transfer. Customers are responsible for ensuring their payment information is up-to-date.

Scope Limitations

Services are limited to the scope discussed and agreed upon at Commencement. Any requested additions or changes beyond the original scope may incur additional fees, which must be agreed to in writing before work proceeds.

Customer Response Obligations

For optimal service delivery, Customer must respond to requests for information or feedback within 24 hours during Business Days. Delays in Customer responses may impact delivery timelines and service quality.

Frilled-Initiated Pauses

Frilled reserves the right to pause Services if needed due to sickness, bereavement, or scheduled holidays (e.g., around the Christmas period). Frilled will provide as much notice as possible; however, the Customer acknowledges that such pauses may occur on short notice without constituting a breach of the Agreement. Delivery guarantees do not apply in cases of Force Majeure or circumstances beyond Frilled's reasonable control.

Included Services

The Services included in the fractional offering include ongoing product design support. This includes the following design services:

Web App Design: Interface design for web-based software applications.
Mobile App Design: Interface design for mobile-based software applications.
Website Design: Interface Design for marketing websites.

Although the output for these Services will typically take the form of high-fidelity user interface designs, they may also be accompanied by documents, spreadsheets, digital assets, and other materials. Frilled may also provide ancillary Services necessary for the above as required to meet the Customer's needs.

Add-On Services

For an additional fee agreed to in writing in advance, Frilled may also agree to provide the following services:

Branding: Design of brand identity, including logos, color schemes, and brand guidelines. The cost of branding services is typically a one-off additional fee which depends on the breadth of services rendered. In some circumstances, aspects of this service may be provided by third-party providers managed by Frilled.
Website Development: Building the front-end of websites. This will typically be provided in the form of files comprising HTML, CSS, and JavaScript code, which may include code from libraries such as React.js, Next.js, Three.js, and various others. The cost of website development services is typically a one-off additional fee which depends on the breadth and complexity of the required website.
Website Hosting: Hosting static websites designed and built by Frilled. The cost of hosting services is an ongoing monthly, quarterly, or annual fee (as agreed to by the parties), and depends on the complexity of requirements and the volume of traffic.

The scope and cost of any add-on services must be agreed to in writing before Commencement.

Excluded Services

The following Services are not included in Frilled's Included Services or Add-On Services:

3D Modeling: Creation of three-dimensional models, environments, or prototypes.
Animation: Production of animated sequences, including character animations, explainer videos, and other forms of animated content.
Motion Design: Design and creation of motion graphics for video content, including kinetic typography, transitions, and visual effects.
Video Production: Creation, filming, editing, and production of video content.
Print Design: Design of printed materials such as brochures, business cards, posters, and other physical media.
Industrial Design: Design and development of physical products, including prototyping and manufacturing processes.
Audio Production: Creation or editing of audio content, including voiceovers, sound effects, and background music.

2. Rapid MVP

The Rapid MVP service transforms a Customer's product vision into a clickable, high-fidelity prototype that can be used to validate product hypotheses, test with users, or present to investors.

Terms & Billing

Payment is due upfront before Commencement of the service.
The standard duration for Rapid MVP services is 4 weeks.
If the prototype is not finished within the 4-week period, Frilled will continue working until completion at no additional cost, provided that:
1. "Finished" means completion of the key flows defined and agreed upon in writing before Commencement.
2. Delays are not caused by the Customer (including delays in providing necessary information or feedback).
3. The Customer responds to requests for information or feedback within 24 hours during Business Days.
4. The additional work period will not exceed 2 weeks beyond the initial 4-week period.
Delivery guarantees do not apply in cases of Force Majeure or circumstances beyond Frilled's reasonable control.

Scope Limitations

Services are limited to the scope defined at Commencement. Any requested additions or changes beyond the original scope may incur additional fees, which must be agreed to in writing before work proceeds.

Customer Response Obligations

Customer must provide all necessary information before Commencement and respond to any requests for information or feedback within 24 hours during Business Days. Delays in Customer responses will extend delivery timelines accordingly.

Included Services

The Rapid MVP service includes:

Initial consultation and scope definition.
Information architecture and user flow design.
High-fidelity user interface designs.
Creation of a clickable prototype representing the Customer's product.
Provision of design files upon completion.

Revisions

Revisions to the design are part of the execution timeline and are included within the 4-week period. Revisions must be requested during the design process as part of the iterative workflow. Any revisions requested after the 4-week period may be subject to additional fees, unless they fall within the guarantee period.

Excluded Services

The Rapid MVP service does not include:

Software development.
User testing or research.
Branding or logo design (unless specifically agreed upon in writing).
Extended consulting beyond the scope of the prototype creation.
Animation or motion design beyond basic transitions.
Ongoing maintenance or updates after completion.

Intellectual Property

Upon full payment, the Customer will receive ownership of the intellectual property rights to the final Deliverables. If the Customer receives Deliverables under the guarantee (free work period), intellectual property rights will still be assigned upon completion.

3. Strategic MVP

The Strategic MVP service is a comprehensive discovery-to-design process that includes user research, strategy development, and complete product design to create a market-ready MVP design.

Terms & Billing

Payment is due upfront before Commencement of the service.
The standard duration for Strategic MVP services is 6-8 weeks.
The service is divided into distinct milestones, each with its own deliverables and allocated portion of the total fee.
Before Commencement, both parties will agree in writing on:
- The specific milestones for the project;
- The deliverables for each milestone; and
- The percentage of the total fee allocated to each milestone.
At the completion of each milestone, if the Customer is not 100% satisfied with that milestone's Deliverables, they may request a refund of 50% of the fee portion allocated to that specific milestone.
Refund requests must be submitted within 5 Business Days of the milestone's completion.
"Not 100% satisfied" is determined at the Customer's sole discretion.
Delivery guarantees do not apply in cases of Force Majeure or circumstances beyond Frilled's reasonable control.

If a refund is issued for any milestone, no intellectual property rights for that milestone's Deliverables will be assigned to the Customer, though Customer will retain a perpetual, non-exclusive license to use those Deliverables.

Scope Limitations

Customer Response Obligations

Included Services

The Strategic MVP service includes:

In-depth user research (which may or may not include user interviews) and competitive analysis.
Product strategy development.
Information architecture and user flow design.
Comprehensive product design for key screens and states.
Prioritized product roadmap.
Provision of design files upon completion.

Revisions

Revisions to the design are part of the execution timeline and are included within the 6-8 week period. Revisions must be requested during the design process as part of the iterative workflow. Any revisions requested after this period may be subject to additional fees.

Excluded Services

The Strategic MVP service does not include:

Software development or implementation.
Marketing materials or campaign development.
Branding or logo design (unless specifically agreed upon in writing).
Ongoing design support after completion.
Animation or motion design beyond basic transitions.

Intellectual Property

Upon full payment and successful completion of all milestones without refunds, the Customer will receive ownership of the intellectual property rights to all Deliverables. For any milestone where a refund is issued, the Customer will retain only a perpetual, non-exclusive license to use those Deliverables.

4. UX Audit

The UX Audit service provides an expert analysis of the Customer's existing product to identify usability issues and provide recommendations for improvement.

Terms & Billing

Payment is due upfront before Commencement of the service.
The standard duration for UX Audit services is 3 Business Days.
The Customer may request a 100% refund if no measurable improvement in conversion or engagement is observed, subject to the following conditions:
1. The Customer must implement analytics to measure performance of the recommended changes.
2. The Customer must implement all P0 and P1 recommendations as identified in the Deliverables.
3. The Customer must implement recommendations within 30 days of receiving the audit report.
4. The measurement period must be no less than 60 days, and no more than 90 days.
5. Refund requests must be submitted in writing within 14 Business Days of concluding measurement.
6. The guarantee is void if Customer modifies the recommended designs without Frilled's written approval.
7. The guarantee is void if third-party factors (such as market changes, competitor actions, or technical issues unrelated to design) affect metrics.
Delivery guarantees do not apply in cases of Force Majeure or circumstances beyond Frilled's reasonable control.

Scope Limitations

Customer Response Obligations

Customer must provide all necessary access and information before Commencement and respond to any requests for information or feedback within 24 hours during Business Days.

Included Services

The UX Audit service includes:

Evaluation of key product flows based on established UX principles.
Prioritized assessment of usability issues (P0-P2).
Recommendations categorized by implementation effort and potential impact.
Executive summary document for stakeholder presentation.

Excluded Services

The UX Audit service does not include:

Implementation of any recommendations.
User testing or research with actual users.
Design of new interfaces.
Software development.
Analytics setup or data analysis beyond reviewing existing data.
Ongoing support after delivery of the audit report.

Intellectual Property

Upon full payment, the Customer will receive ownership of the intellectual property rights to the final Deliverables. If a refund is issued under the guarantee, the Customer will retain only a perpetual, non-exclusive license to use the Deliverables.

5. Design Refresh

The Design Refresh service modernizes the Customer's product interface with updated visual design, creating a consistent and contemporary look and feel without changing the underlying architecture or functionality.

Terms & Billing

Payment is due upfront before Commencement of the service.
The standard duration for Design Refresh services is 7-10 Business Days.
Delivery timelines are subject to Force Majeure or circumstances beyond Frilled's reasonable control.

Scope Limitations

Customer Response Obligations

Customer must provide all necessary access and information before Commencement and respond to any requests for information or feedback within 24 hours during Business Days. Delays in Customer responses will extend delivery timelines accordingly.

Included Services

The Design Refresh service includes:

Assessment of the Customer's current design system and interface.
Creation of an updated visual design system.
Redesign of key screens using the new design system.
Provision of design files upon completion.

Excluded Services

The Design Refresh service does not include:

Structural changes to user flows or information architecture.
Functional changes or feature improvements.
User research or usability testing.
Implementation of the new design in code.
Branding or logo design.
Content creation or copywriting.
Ongoing design support after completion.

Intellectual Property

Upon full payment, the Customer will receive ownership of the intellectual property rights to the final Deliverables.

6. CRO Sprint

The CRO (Conversion Rate Optimization) Sprint service identifies and addresses friction points in critical user funnels to improve conversion rates through data-driven design improvements.

Terms & Billing

Payment is due upfront before Commencement of the service.
The standard duration for CRO Sprint services is 7-10 Business Days.
The Customer may request a 100% refund if no measurable improvement in conversion is observed, subject to the following conditions:
1. The Customer must implement analytics to measure performance of the recommended changes.
2. The Customer must implement all P0 and P1 recommendations as identified in the Deliverables.
3. The Customer must implement recommendations within 30 days of receiving the recommendations.
4. The measurement period must be no less than 60 days, and no more than 90 days.
5. Refund requests must be submitted in writing within 14 Business Days of concluding measurement.
6. The guarantee is void if Customer modifies the recommended designs without Frilled's written approval.
7. The guarantee is void if third-party factors (such as market changes, competitor actions, or technical issues unrelated to design) affect metrics.
Delivery guarantees do not apply in cases of Force Majeure or circumstances beyond Frilled's reasonable control.

Scope Limitations

Customer Response Obligations

Customer must provide all necessary analytics access and information before Commencement and respond to any requests for information or feedback within 24 hours during Business Days. Delays in Customer responses will extend delivery timelines accordingly.

Included Services

The CRO Sprint service includes:

Audit of existing analytics data.
Analysis of conversion funnels and identification of drop-off points.
Evaluation of key conversion flows.
Redesign of problematic interfaces and user journeys.
Development of an experimentation plan with A/B test suggestions.
Prioritized implementation roadmap.
Implementation guidelines and recommendations.
Provision of design files upon completion.

Excluded Services

The CRO Sprint service does not include:

Implementation of the redesigned flows or A/B tests.
Setup or configuration of analytics tools.
Running or managing A/B tests.
Ongoing optimization after delivery of recommendations.
Comprehensive redesign of the entire product.
Software development.
Branding or marketing strategy.
Content creation or copywriting.

Intellectual Property

7. Design System

The Design System service creates a comprehensive component library and design guidelines to ensure consistency across the Customer's product and accelerate future design and development work.

Terms & Billing

Payment is due upfront before Commencement of the service.
The standard duration for Design System services is 2 weeks.
Delivery timelines are subject to Force Majeure or circumstances beyond Frilled's reasonable control.

Scope Limitations

Customer Response Obligations

Customer must provide all necessary information and existing design assets before Commencement and respond to any requests for information or feedback within 24 hours during Business Days. Delays in Customer responses will extend delivery timelines accordingly.

Included Services

The Design System service includes:

Audit of the Customer's existing design patterns.
Creation of a complete design component library.
Development of a tokenized typography and color system.
Establishment of spacing and layout guidelines.
Design of up to 10 custom components based on the Customer's needs.
Documentation of usage guidelines and best practices.
Provision of design files upon completion.

Excluded Services

The Design System service does not include:

Implementation of the design system in code.
Creation of coded components or a code library.
Extended component development beyond the agreed scope.
Integration with development workflows or tools.
Training for the Customer's team on design system usage.
Ongoing maintenance or updates to the design system.
Redesign of the Customer's existing product to use the new system.

Intellectual Property

Upon full payment, the Customer will receive ownership of the intellectual property rights to the final Deliverables.

8. Waitlist Landing Page

The Waitlist Landing Page service creates, deploys, and hosts a conversion-optimized landing page designed to collect email addresses and generate interest in the Customer's upcoming product.

Terms & Billing

Payment is due upfront before Commencement of the service.
The standard duration for Waitlist Landing Page services is 7 Business Days.
The Customer may request a 100% refund if the landing page is not deployed within 7 Business Days, subject to the following conditions:
1. The 7-day period commences after the Customer has provided all necessary information required for the project.
2. Deployment is defined as the landing page being accessible via a public URL on Amazon Web Services (AWS) infrastructure.
3. In cases where the Customer provides their own domain, Frilled will provide the necessary configuration information for the Customer to direct their domain to the deployed landing page. The Customer's failure to implement these configuration changes will not affect the deployment status.
Delivery guarantees do not apply in cases of Force Majeure or circumstances beyond Frilled's reasonable control.

Scope Limitations

Customer Response Obligations

Included Services

The Waitlist Landing Page service includes:

Development of page copy and messaging.
Creation of a high-fidelity product visualization.
Design of a responsive landing page.
Implementation using React.js and Astro.js or Next.js.
Deployment on AWS with CloudFront.
Setup of basic analytics tracking.
Integration of a form to collect email addresses or other information.
Hosting for 6 months from the launch date.
Provision of design and code files upon completion.

Excluded Services

The Waitlist Landing Page service does not include:

Ongoing content updates or modifications after launch.
Email marketing or waitlist management.
Integration with CRM or marketing automation tools beyond basic form submission.
Custom server-side functionality or database implementation.
Search engine optimization or marketing.
Security audits or enhanced security features.
Maintenance or troubleshooting after launch.
Renewal of domain registration after the first year.

Hosting Terms

Hosting is included for 6 months from the date the landing page goes live.
Hosting is subject to normal usage, defined as up to 10,000 monthly page views.
Traffic exceeding this limit may result in additional charges.
After the 6-month period, the Customer may discuss ongoing hosting with Frilled or request transfer of the site to their own hosting.
Hosting is subject to AWS availability and uptime; Frilled is not responsible for downtime or security issues related to AWS services.
Maintenance services are not included in the hosting period.

Hosting Limitations

Frilled provides hosting services through third-party providers (AWS).
Uptime is subject to AWS service level agreements.
Frilled is not responsible for: DDoS attacks, force majeure events affecting AWS, or issues arising from Customer's domain configuration.
Excessive usage (defined as traffic that significantly exceeds normal patterns) may result in additional charges or service suspension.

Domain Registration

If Frilled registers a domain name on behalf of the Customer, the Customer is responsible for all domain registration costs.
Domain renewal after the first year is the Customer's responsibility.
Frilled will provide necessary information for the Customer to take control of the domain.

Intellectual Property

Third-Party Materials and AI-Generated Content

Project Deliverables across all services may include third-party materials and AI-assisted content that are subject to their own licenses and terms. This section applies to all Services offered by Frilled.

Third-Party Materials

Deliverables may incorporate the following third-party materials:

Fonts: Typography from services such as Google Fonts, Adobe Fonts, or commercial type foundries.
Icons: Icon sets from providers such as Font Awesome, Feather Icons, or premium icon libraries.
Stock Images: Photography and illustrations from stock photo services.
Public Domain Images: Images that are free to use with or without attribution, such as those from Unsplash or Pixabay.
Code Libraries: Open-source or commercial software libraries, frameworks, and components.
UI Kits: Pre-designed interface elements and components.
Plugins and Extensions: Third-party software add-ons and integrations.

These materials may require commercial licensing for the Customer to legally reproduce, distribute, or publicly display them in the final product. It is the Customer's responsibility to:

Purchase and maintain appropriate licenses for any third-party materials used in production.
Comply with all terms and conditions of third-party licenses.
Ensure ongoing compliance as usage scales or changes.

The Customer assumes all responsibility for any consequences resulting from failure to obtain appropriate licenses. Frilled will not be liable for any breaches of third-party license terms by the Customer.

AI-Generated Content

Frilled may use AI tools to assist in content creation, code generation, or design exploration as part of the Services. All AI-assisted work is reviewed, modified, and refined by Frilled to ensure quality, originality, and alignment with project requirements. Customer acknowledges that AI tools may have been used in the creative process.

Notification of Third-Party Materials

Where practical, Frilled will notify the Customer of significant third-party materials included in Deliverables that may require commercial licensing. However, the ultimate responsibility for license compliance remains with the Customer.

Customer Acknowledgments and Risk Allocation

By engaging Frilled's Services, the Customer expressly acknowledges and agrees that:

Design Services Only: Frilled provides design concepts and visual representations only. All implementation, execution, and deployment are the sole responsibility of Customer.
No Control Over Implementation: Frilled has no control over how designs are implemented, modified, or deployed, and accepts no responsibility for outcomes.
Customer Expertise: Customer represents that it has the necessary expertise to evaluate the suitability of designs for its intended purposes.
Independent Evaluation: Customer will independently verify all designs meet its technical, legal, regulatory, and business requirements.
No Reliance: Customer has not relied on any representations or warranties by Frilled outside this Agreement.
Risk Acceptance: Customer accepts all risks related to the Services and agrees that Frilled's limited liability is reasonable given the nature of design services and pricing.
Allocation of Risk: The limitations and disclaimers in this Agreement reflect an agreed allocation of risk between the parties and form an essential basis of the bargain.

Customer Responsibilities

Account Creation and Maintenance

Accurate Information: Customers are responsible for providing accurate and complete information during the account creation process. Any changes to this information must be promptly updated via the Stripe Portal or by contacting Frilled directly.
Account Security: Customers must maintain the security of their account login credentials and are responsible for all activities that occur under their account. Frilled will not be liable for any loss or damage arising from the Customer's failure to protect their account information.
Notification of Unauthorized Use: Customers must immediately notify Frilled of any unauthorized use of their account or any other security breach.

Acceptable Use

Compliance with Laws: Customers must use the Services in compliance with all applicable local, state, national, and international laws and regulations.
Respectful Use: Customers must use the Services in a manner that is respectful to Frilled and other users. This includes refraining from any behavior that is abusive, harassing, threatening, or otherwise harmful. Failure to do so will result in immediate termination of the Agreement.

Prohibited Activities

Unauthorized Access: Customers are prohibited from attempting to gain unauthorized access to any part of the Services, other accounts, or computer systems or networks connected to the Services.
Malicious Activity: Customers must not engage in any activity that disrupts, degrades, or otherwise interferes with the performance or integrity of the Services or its associated systems.
Misuse of Services: Customers are prohibited from using the Services for any unlawful purpose or for the transmission of any unlawful material, including but not limited to, content that is fraudulent, defamatory, obscene, or otherwise objectionable.
Intellectual Property Infringement: Customers must not use the Services in any manner that infringes upon the intellectual property rights of Frilled or any third party.

Intellectual Property & Third-Party Materials

Ownership of Frilled's Intellectual Property

All content and design elements on Frilled's website, including but not limited to text, graphics, logos, and software, are the exclusive property of Frilled and are protected by applicable intellectual property laws. Use of any elements without written permission in advance is strictly prohibited.

Ownership of Client Materials

Client's Intellectual Property: Clients retain ownership of all materials and intellectual property provided to Frilled for the purpose of obtaining the Services. By providing such materials, Clients grant Frilled a non-exclusive, royalty-free license to use, reproduce, modify, and display these materials as necessary to perform the agreed Services and for Frilled's marketing and promotional purposes.
Client's Responsibility: Clients are responsible for ensuring that they have the necessary rights and permissions to use and provide any materials shared with Frilled. Clients agree to indemnify and hold Frilled harmless from any claims arising from the use of such materials.

Ownership of Project Deliverables

Transfer of Rights: Upon completion and delivery of project Deliverables, and subject to full payment and any guarantee conditions specified in the relevant service section, ownership of the copyright in the Deliverables will be transferred to the Client. Frilled retains all intellectual property rights to any preliminary work, drafts, or concepts that are not included in the final Deliverables.
License to Use: If a refund is issued under any of the guarantee provisions, Frilled grants the Client a perpetual, worldwide, non-exclusive license to use, reproduce, and distribute the final Deliverables for their intended purposes, but no IP assignment will occur.
Full IP Assignment: Full IP assignment is contingent upon full payment for the Services provided and satisfaction of all guarantee conditions as specified in the relevant service section.

Work in Progress

Frilled retains all rights to preliminary work, concepts, and iterations not included in final Deliverables. Only the final approved Deliverables are subject to IP transfer upon payment.

Showcasing Work and Publicity Rights

Frilled reserves the right to showcase completed projects in its portfolio, marketing materials, and case studies, unless otherwise agreed to by Frilled in writing in advance. Frilled may identify Customer as a client and use Customer's name, logos, and project descriptions in marketing materials. Customer grants Frilled a perpetual, worldwide license to use Deliverables for promotional purposes.

Client Feedback and Submissions

Any feedback, suggestions, or ideas provided by the Customer regarding Frilled's Services or Deliverables may be used by Frilled for any purpose without acknowledgment or compensation to the Customer. By providing feedback, the Customer grants Frilled a perpetual, non-exclusive, royalty-free, worldwide license to use, modify, and incorporate the feedback into its Services and products.

Cancellation and Termination

Conditions for Cancellation

Client Cancellation: Customers may cancel future payments at any time through the Stripe customer portal or by contacting Frilled at mac@frilled.com. Cancellation will take effect at the end of the current billing cycle. Early termination does not entitle the Customer to a refund for any unused days in the current billing cycle.
Frilled's Right to Terminate: Frilled reserves the right to terminate the Agreement at any time, for any reason, with or without notice. Where Frilled exercises this right for reason other than the Customer's breach of this Agreement, any remaining fees for the current period will be refunded on a prorated basis.

Effects of Termination

Immediate Cessation: Upon termination of the Agreement, the Customer's access to the Services will cease immediately.
Outstanding Obligations: Except for ongoing obligations such as payment for services rendered, the relationship between the Customer and Frilled shall end upon termination.

Returns and Refunds

Refund Policy

All sales are final. Frilled does not offer refunds under any circumstances except where specifically provided in the guarantee conditions outlined in each service section. Even where guarantees are offered:

Guarantee Limitations: Guarantees are provided at Frilled's sole discretion and are void if Customer fails to meet any specified conditions
Partial Refunds Only: Where refunds are offered, they are typically partial (50%) and never exceed the amount paid for the specific service
No IP Rights: Any refund forfeits all intellectual property rights to Deliverables
Strict Deadlines: All refund requests must be submitted within the specified timeframes or the right to refund is permanently waived
Customer Implementation: Refunds based on performance metrics are only available if Customer fully implements all recommendations exactly as specified

Refunds, if approved, will be processed using the same payment method used for the original transaction. Frilled reserves the right to deny any refund request that does not strictly comply with all stated conditions.

Payment Terms

Payment Processing

Unless otherwise agreed, all prices are quoted in Australian Dollars (AUD).
Payments may be made in USD, AUD, EUR, or GBP as agreed between the parties.
All payments are processed through Stripe or via direct bank transfer.
Foreign currency transactions may incur conversion fees at the Customer's expense.
Failed payments must be remedied within 3 Business Days.
Frilled reserves the right to cease work if invoices are not paid by the due date.

Consequences of Non-Payment

Upon non-payment, Frilled may immediately:

Suspend all Services without notice;
Revoke any licenses to use Deliverables;
Pursue collection including costs and attorney fees;
Report delinquent accounts to credit agencies.

Interest accrues on overdue amounts at 1.5% per month. Customer remains liable for all fees incurred before suspension.

Payment Methods

Credit or debit card through Stripe payment portal
Direct bank transfer to Frilled's designated account
Customers are responsible for ensuring payment information is current and valid

Data Security

Frilled will use commercially reasonable efforts to maintain the security of Customer data and materials. Customer data will be stored on secure cloud services and will not be shared with third parties except as necessary to provide the Services. Frilled implements industry-standard security measures including:

Encrypted data transmission
Secure cloud storage with access controls
Regular security updates and monitoring
Limited access on a need-to-know basis

However, no method of electronic transmission or storage is 100% secure, and Frilled cannot guarantee absolute security.

Disclaimers and Limitation of Liability

Comprehensive Disclaimers

Nature of Services

Design Only: Frilled provides design services only. The Customer acknowledges that Frilled has no control over, and accepts no responsibility for, the implementation, deployment, performance, or outcomes of any designs provided.
No Implementation Responsibility: The Customer is solely responsible for all aspects of implementation, including but not limited to development, testing, deployment, security, performance, and ongoing maintenance.
No Guarantee of Results: Frilled makes no representations or warranties regarding the success, profitability, conversion rates, user adoption, or any other outcomes from the use of the Deliverables.

Disclaimers of All Warranties

"As Is" Basis: All Services and Deliverables are provided on an "as is" and "as available" basis without warranty of any kind.
No Warranties: Frilled expressly disclaims all warranties, representations, and conditions, either express or implied, including but not limited to:
- Implied warranties of merchantability and fitness for a particular purpose
- Warranties of non-infringement
- Warranties that the Services will meet Customer's requirements
- Warranties of accuracy, completeness, or currentness
- Warranties of uninterrupted or error-free service
- Any warranties arising from course of dealing or usage of trade
Design Suitability: Frilled does not warrant that designs will be suitable for Customer's specific use case, market, or technical requirements.
Third-Party Compatibility: Frilled does not warrant compatibility with any third-party systems, platforms, or services.
Regulatory Compliance: Customer is solely responsible for ensuring Deliverables comply with all applicable laws, regulations, and industry standards.

Additional Disclaimers

Security: Frilled assumes no liability for security breaches, data loss, or unauthorized access related to Customer's implementation or use of designs.
Performance: Frilled is not responsible for load times, server performance, or technical optimization of implemented designs.
Accessibility: While Frilled follows general best practices, Customer is solely responsible for ensuring legal compliance with accessibility standards.
Browser/Device Compatibility: Customer is responsible for testing and ensuring compatibility across browsers and devices.
Technology Limitations: Designs are created for modern browsers and standard screen sizes. Frilled is not responsible for:
- Legacy browser compatibility (Internet Explorer, outdated versions)
- Future browser or technology changes
- Non-standard devices or screen sizes
- Third-party plugin or extension conflicts
Hosting Services: For services that include hosting, Frilled provides no guarantees regarding uptime, security, or performance. All hosting is subject to third-party provider limitations.

Strict Limitation of Liability

Maximum Liability Cap

To the absolute maximum extent permitted by law, Frilled's total aggregate liability for any and all claims arising out of or relating to this Agreement, the Services, or the Deliverables, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise), shall not exceed the total amount actually paid by the Customer for the specific Service giving rise to the claim.

Excluded Damages

In no event shall Frilled be liable for:

Any indirect, incidental, special, consequential, exemplary, or punitive damages
Loss of profits, revenue, business, or anticipated savings
Loss of use, data, goodwill, or reputation
Cost of procurement of substitute services
Any damages resulting from Customer's implementation or use of designs
Any damages resulting from third-party claims
Any damages exceeding the strict liability cap above

These limitations apply even if:

Frilled has been advised of the possibility of such damages
Any remedy fails of its essential purpose
Damages were foreseeable
Damages were a direct result of Frilled's actions

Time Limitation

Any claim must be brought within six (6) months after the cause of action arises, or be forever barred.

Basis of Bargain

The Customer acknowledges that Frilled has set its prices and entered into this Agreement in reliance on the disclaimers and limitations of liability set forth herein, and that these provisions reflect an allocation of risk between the parties that is an essential element of the bargain between them.

Comprehensive Indemnification

The Customer agrees to defend, indemnify, and hold harmless Frilled, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from:

Customer's use or implementation of any Deliverables
Customer's violation of any third-party rights, including intellectual property rights
Customer's violation of any applicable laws or regulations
Customer's negligence or willful misconduct
Any claims by end users of Customer's products or services
Any modifications to Deliverables made by or on behalf of Customer
Customer's breach of this Agreement
Any claim that Customer's use of the Deliverables caused personal injury or property damage

This indemnification shall survive termination of this Agreement.

Governing Law and Dispute Resolution

Applicable Law

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

Dispute Resolution Process

Negotiation: In the event of any dispute arising out of or relating to this Agreement, the parties shall first attempt to resolve the dispute through informal negotiations.
Mediation: If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation in Sydney, New South Wales, Australia. The mediation shall be conducted by a mediator agreed upon by both parties or, failing agreement, appointed by the President of the New South Wales Law Society.
Arbitration: If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in Sydney, New South Wales, Australia, in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration shall be conducted in English by a single arbitrator appointed in accordance with the ACICA rules.
Exclusive Jurisdiction: For any legal proceedings that are not subject to arbitration, the parties consent to the exclusive jurisdiction of the courts of New South Wales, Australia.

Privacy Policy

Data Collection and Use

Data Collection: Frilled collects personal data from Customers as necessary to provide the Services. This may include contact information, payment information, and project-related data.
Use of Data: Frilled uses collected data to manage Customer accounts, process payments, provide services, and communicate with Customers. Frilled will not sell or share Customer data with third parties except as necessary to provide the Services or as required by law.

Client Rights Regarding Personal Data

Access and Correction: Customers have the right to access and correct their personal data held by Frilled. Customers can update their information through their account settings or by contacting Frilled.
Data Deletion: Customers may request the deletion of their personal data, subject to Frilled's need to retain certain data for legal or operational purposes.

For detailed information on our data retention policies and procedures for handling data deletion requests, please refer to our Privacy Policy.

Electronic Communications and Transactions

Consent to Electronic Communications

By using the Services, Customers consent to receive electronic communications from Frilled, including notices, agreements, disclosures, and other communications. Such communications will be considered valid and enforceable notice for the purposes of this agreement.

Validity of Electronic Signatures

Customers agree that electronic signatures, whether digital or encrypted, are valid and enforceable as physical signatures.

Modification of Terms

Right to Modify Terms

Frilled reserves the right to modify this Agreement at any time. Changes will be effective 30 days after posting the updated Agreement on Frilled's website or upon notice to Customer. Modifications do not apply to Services already commenced. Continued use of the Services after such changes constitutes acceptance of the new terms. Customer may terminate Services if they object to any modifications.

Miscellaneous

Legal Capacity

Customer represents that they are at least 18 years old and have full legal capacity and authority to enter into this Agreement.

Compliance with Laws

Customers must use the Services in compliance with all applicable local, state, national, and international laws and regulations. Failure to comply with any of the above laws or regulations will result in the immediate termination of the Services.

Non-Disclosure Agreements (NDAs)

Issuing NDAs: If the Customer requires a Non-Disclosure Agreement (NDA) to protect confidential information, they must contact Frilled at mac@frilled.com to request and arrange the execution of the NDA. Both parties must agree to and sign the NDA before any confidential information is shared.
Handling Confidential Information: Frilled will handle all confidential information in accordance with the terms set forth in the NDA. Frilled agrees to take all necessary steps to protect the confidentiality of the Customer's information and to use it only for the purposes agreed upon in the NDA.

General Confidentiality

Each party shall maintain the confidentiality of any non-public information received from the other party and marked as confidential. This obligation does not apply to information that is publicly available, rightfully received from third parties, or required to be disclosed by law.

No Agency Relationship

Nothing in this Agreement creates any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between the parties. Frilled is an independent contractor.

No Third-Party Beneficiaries

This Agreement is for the sole benefit of the parties and their permitted successors and assigns. Nothing in this Agreement creates any rights for any third party.

Assignment

Customer may not assign this Agreement or any rights hereunder without Frilled's prior written consent. Frilled may freely assign this Agreement. Any attempted assignment in violation of this section is void.

Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the Services and supersedes all prior agreements and understandings, whether written or oral.

Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Frilled's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Force Majeure

Frilled shall not be liable for any failure or delay in performance due to any cause beyond its reasonable control, including but not limited to:

Acts of God, natural disasters, or severe weather
War, terrorism, civil unrest, or government action
Pandemics, epidemics, or public health emergencies
Internet outages, power failures, or telecommunications failures
Strikes, lockouts, or other labor disputes
Supplier failures or shortages
Personal illness or family emergencies
Any other circumstances beyond Frilled's reasonable control

During any force majeure event, Frilled's obligations are suspended, and any delivery guarantees are void. Frilled has no obligation to provide refunds or compensation for delays due to force majeure.

Survival

The following sections shall survive termination of this Agreement: Intellectual Property, Third-Party Materials and AI-Generated Content, Disclaimers and Limitation of Liability, Comprehensive Indemnification, Customer Acknowledgments and Risk Allocation, Governing Law and Dispute Resolution, Returns and Refunds, Data Security, Confidentiality, and any other provisions that by their nature should survive.

Assumption of Risk

The Customer acknowledges and agrees that:

The use and implementation of any Deliverables is at Customer's sole risk
Customer has not relied on any warranties or representations made by Frilled
Customer has had sufficient opportunity to evaluate the suitability of Frilled's Services
Customer accepts full responsibility for all outcomes resulting from the Services

Contact Information

For any questions or concerns about this Agreement, Customers can contact Frilled at mac@frilled.com or through the contact details provided on Frilled's website.