These Terms and Conditions are legally binding. It is your responsibility to read these Terms and Conditions carefully prior to purchase, use, or access of any of our products, including online courses.
Terms & Conditions
This website is owned and operated by Hey Hello Studio LLC, an Ohio company. Our principal place of business is located at 12501 Madison Ave., Lakewood, Ohio 44107.
You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT
All programs, products, and services are owned and provided by Hey Hello Studio (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at hi@heyhello.studio and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).
YOUR PRODUCT OR COURSE USE AND CONSENT
When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Hey Hello Studio or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may use Our intellectual property with clear and obvious credit back to Our site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, You may never claim any of Our intellectual property as Your own or Your unique creation, even with attribution.
General Provisions
Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Hey Hello Studio.
To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.
You may:
- Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member).
- Download and/or print any Offering materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member).
- Use Our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, citing ©Hey Hello Studio as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.
You may not:
- Re-sell or trade Your access to the Offering.
- Share the Offering with anyone else who has not yet purchased it or opted in to receive it.
- Reprint or republish any of the Offering, in part or in whole.
- Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing.
- Reproduce and tweak any part or whole of the Offering for distribution as Your own work.
- Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
- Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
REQUEST FOR PERMISSION TO USE CONTENT
If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Us at hi@heyhello.studio.
CIVIL AND CRIMINAL PENALTIES
Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Ohio by opting into or purchasing any Offering or accessing its related communications and/or materials.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Offering and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose Your participation in the same.
MODEL RELEASE
You must own the copyright to any image(s) You use by default or voluntarily on Our platforms or in Our Offering or related materials. You grant Us a commercial license to any image(s) You submit to Us by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.
NOTIFICATION OF USE
We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.
Online Course Intellectual Property
SECURITY
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or Intuit. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
YOUR COMMUNICATIONS
Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by the United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
Security and Assumption of Risk
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at hi@heyhello.studio.
EARNINGS DISCLAIMER
You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).
GENERAL DISCLAIMER
To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.
THIRD PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
WARRANTIES DISCLAIMER
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
TECHNOLOGY DISCLAIMER
We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider, such as Kajabi.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).
Disclaimers
INDEMNIFICATION
You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to Our Offering(s) .
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products, or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s).
AFFILIATES
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
TERMINATION
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
Indemnification, Limitation of Liability, and Release of Claims
PRICING POLICY
Please note that the prices listed on our website may change without prior notification. The charge for any product or service you order will reflect the current pricing at the time your order is submitted. This amount will be confirmed in your order receipt email. Be aware that our listed prices might exclude additional costs, such as taxes and shipping fees, which will be clearly itemized in your shopping cart summary and order confirmation. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
PAYMENT TERMS
Payment terms are at our sole discretion, and full payment must be received before we confirm your order. We accept various payment methods, including Stripe, and partial payment options. By providing your credit card information, you affirm that the information is accurate, you are authorized to make the purchase, and you agree to honor all charges incurred, including applicable taxes.
REFUND POLICY
Due to the digital nature of our products and services, all sales are final, including payment plans. No refunds will be given unless otherwise specified in writing. By purchasing, you agree to this refund policy. If you experience a problem or have questions, please contact us at hi@heyhello.studio.
RECURRING PAYMENTS
If you have signed up for a payment plan, you hereby authorize our continued access to your financial information stored by our third-party financial processing company until your payment plan is complete, as set forth in your acceptance of the purchase terms upon checkout. By signing up for a payment plan, you are required by law to complete the remaining payments of your payment plan.
FEEDBACK SUBMISSIONS
A retired version of the Oh Hey, New Brand program included multiple opportunities to submit work for feedback. Note that all feedback submissions must be made within 365 days from date of enrollment. If Client fails to submit work for feedback within 365 days of purchase, the Client forfeits their access to this service and no refunds will be granted for the forfeited service.
SCHEDULING
If Client purchases a Session, it must be booked within 60 days of purchase and scheduled and executed within 90 days of purchase. If Client fails to book Session within 60 days of purchase, the Client forfeits their access to the Session and no refunds will be granted for the unscheduled Session. If Client fails to attend their scheduled Session, Company reserves the right to refuse rescheduling entirely.
In the event that Client becomes aware of an extenuating circumstance that will prevent them from scheduling and attending their Session within the allotted time frame, Client must contact our support team at support@heyhello.studio.
CHARGEBACKS
You agree to make a reasonable attempt to resolve disputes prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of our bonuses, affiliate bonuses, or other materials afforded to you in exchange for your original purchase. We reserve the right to present proof of your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
REVOCATION OF ACCESS
You have the unilateral right to terminate your use and access to any of our offerings. Please send an email to hi@heyhello.studio to initiate this process. Termination will not excuse you of further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and you agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
Financial Considerations
A. Pre-Work. The Pre-Work includes the required information, content, inspiration, and other details that enable Hey Hello Studio to create design deliverables that match the Client’s vision and goals. The Client will complete the Pre-Work in full at least one week prior to the start of the Design Span. If Hey Hello Studio does not receive the Pre-Work, the Project may be subject to Project Termination at Hey Hello Studio’s discretion.
B. Timely Feedback. During the Design Span, Hey Hello Studio will deliver Design Proofs that require timely feedback from the Client. Design Proofs will be delivered by 6pm EST, and Client will provide feedback by 10am EST the following business day. If the Client delays in providing feedback, Hey Hello Studio cannot guarantee full project delivery. If, during the Design Span, Hey Hello Studio requests feedback from the Client, and the Client does not respond within 24 hours, Hey Hello Studio may terminate the Project without notice.
C. Single Point of Contact. If the Client has multiple stakeholders, they will designate one person as the point of contact who will be the sole decision-maker for the Project and provide all feedback and approvals. It is the responsibility of the point of contact to collect and condense feedback from any other sources prior to providing it to Hey Hello Studio.
D. Project Files. Digital copies of files and designs produced in the course of fulfilling this Agreement will be stored until delivered to the Client at the end of the Design Span. At that time, the Client is responsible for downloading, saving, and storing all necessary files, and releases Hey Hello Studio from any and all liability for lost or damaged files.
DESIGN PROCESS AND REVISIONS
A. Revisions. The Client will receive a Design Proof with one revision phase. This includes overall conceptual and design feedback. The Total Cost for Services is based on the billable hours associated with this revision phase. If the Client passes the one-revision mark, the Client will be subject to an Additional Revision Fee per revision, and the revisions may need to be scheduled outside the Design Span.
B. Approvals. The Client is solely responsible for the approval of all Design Proofs. It is the Client’s sole responsibility to ensure that the designs are free of errors, including but not limited to: spelling, informational, or grammatical errors. Once Design Proofs are approved, the Client accepts full responsibility for any existing errors or defects, and agrees to accept responsibility for payment and processing charges. After the Client approves a Design Proof, Hey Hello Studio assumes that there are no more revisions to be made, and that deliverable is marked as completed. If for some reason the Client needs additional revisions after approving a Design Proof, the Client will be subject to an Additional Revision Fee per revision, and the revisions will need to be scheduled outside the Design Span.
C. Semi-Custom and Restyle Services. The Brand Boutique includes customizations to premade design templates (“Templates”). The Client understands and agrees that any designs produced as part of these Services may look similar to the Template and/or other projects based off the Template. If Hey Hello Studio decides, in its sole discretion, to offer a Custom Design service for the cost of a Restyle service, the Client expressly recognizes and agrees that the Client’s completed design may be Restyled into a template to be resold.
PAYMENT TERMS
A. Payment Schedule. The Client will pay 35% of the invoice upfront as a non-refundable Retainer Fee to reserve the Client’s Design Span. If the project is canceled or terminated by either Party for any reason, Hey Hello Studio will retain the Retainer Fee. If the Client reschedules the Design Span for any reason, an additional 35% non-refundable Retainer Fee will be charged to reserve the Client’s new, rescheduled Design Span. The invoice balance is due one week prior to the start of the Design Span.
B. Discounts. Any special offers, promotions or multiple-package discounts ("Discounts”) are only valid during the period of validity and subject to the conditions of each offer. Discounts may not, under any circumstance, be converted into a sum of money which is reimbursable or payable to the Client. Discounts may only be used by the Client to whom they are granted, and will not be transferable to third parties. Discounts may not be used cumulatively or be used for Services retroactively. Multiple-package discounts are valid only if the Total Cost is paid in full.
INTELLECTUAL PROPERTY
A. Copyright. Any and all work created as a result of Hey Hello Studio’s Services is considered a work for hire and are expressly assigned to and owned by the Client upon full and final payment. Hey Hello Studio retains the right to display preliminary or final deliverables in portfolios, websites, social media, etc. for marketing, professional recognition, or other business development needs.
B. Provided Materials. The Client guarantees it owns all intellectual property it provides to Hey Hello Studio, such as text, images, artwork and designs, or the Client guarantees it has permission to use any intellectual property it provides to Hey Hello Studio. The Client agrees to indemnify and hold harmless Hey Hello Studio, and its subcontractors and assignees, from any intellectual property infringement claims regarding any and all materials the Client provides to Hey Hello Studio.
C. Prohibited Uses of Designs. Some uses of Hey Hello Studio’s property are expressly prohibited in order to maintain the integrity and quality of Hey Hello Studio’s reputation and work. Any resale of the designs through direct or indirect means, including, but not limited to: selling the designs as stock designs or selling the designs to a third party.
D. Trademark Ownership. Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.
E. Intermediate Deliverables. Hey Hello Studio retains all rights to all intermediate deliverables submitted. The grant of any license or of any intellectual property rights to the Client is reconditioned on full payment of the Total Cost by the Client, including billable expenses and fees, at the end of the Design Span.
LIMITATIONS OF LIABILITY AND INDEMNIFICATION
A. Style Release. The Client has spent a satisfactory amount of time reviewing Hey Hello Studio’s work and has a reasonable expectation that Hey Hello Studio’s Services will produce a reasonably similar outcome and result for the Client. Hey Hello Studio will use reasonable efforts to ensure the Client’s services are carried out in a style and manner consistent with Hey Hello Studio’s current portfolio and services, and Hey Hello Studio will try to incorporate any suggestions the Client makes. However, the Client understands and agrees that:
- Every Client and final delivery is different, with different tastes, budgets, and needs.
- Design is a subjective service and Hey Hello Studio is a provider with a unique vision and an ever-evolving style and technique.
- Hey Hello Studio will use their personal judgment to create favorable results for the Client, which may not include strict adherence to the Client’s suggestions.
B. Maximum Damages. The Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Hey Hello Studio.
C. Indemnification. The Client agrees to indemnify and hold harmless Hey Hello Studio, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees, and officers from any and all claims, causes of action, damages, or other losses arising out of, or related to, the Services provided in this Agreement. The Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees, or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, the Client waives its right to directly or indirectly ask or force Hey Hello Studio to pay for any such damages.
D. Non-disparagement. The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.
E. Governing Law. The laws of Ohio govern all matters arising out of or relating to this Agreement, including torts.
F. Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.
CANCELLATIONS OR RESCHEDULING
A. Project Cancellation. If the Client desires to cancel Services of Hey Hello Studio for any reason at any time, the Client will provide at least 14 days Notice to Hey Hello Studio in order to cancel this Agreement. If the Services are canceled by the Client, any retainer payments made by the Client will be retained by Hey Hello studio, and all outstanding billable expenses and fees are immediately due to Hey Hello Studio. Providing Notice will not relieve the Client of any currently outstanding payment obligations, and Hey Hello Studio will not be obligated to refund any portion of monies the Client has previously paid to Hey Hello Studio. It is within Hey Hello Studio’s discretion to issue a partial or full refund. If the project is canceled, Hey Hello Studio retains ownership of all intellectual property rights and all original artwork.
B. Project Termination. The project may be terminated at Hey Hello Studio’s discretion under circumstances identified in the sections above. In the event Hey Hello Studio cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will immediately give Notice to the Client. Upon termination, Hey Hello Studio is not required to perform any further work for the Client, and the Client is excused of any further performance obligations in this Agreement. Hey Hello Studio shall issue a refund or credit based on a reasonably accurate percentage of Services rendered, and Client shall pay for all billable expenses already incurred. Hey Hello Studio retains ownership of all intellectual property rights and all original artwork, and the Client shall retain all rights for materials purchased from third parties on the Client’s behalf. The Client shall pay for these materials.
C. No-Show Client. If the Client does not respond to any given communication or reasonable, material request from Hey Hello Studio within 7 calendar days, it is within Hey Hello Studio’s discretion to amend the project timeline or cancel this Agreement without further delivery of Services. At such a time, all outstanding fees will become immediately due and payable.
D. Force Majeure. Either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the performance of Services, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms, or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either Party such as a riot, pandemic, disorder, nuclear leak or explosion, or act or threat of impending terrorism. In this instance, the Client would not be responsible for fees for services not yet rendered and would be given the rights to all work completed prior to that date.
ARTICLE 8 - GENERAL PROVISIONS
A. Warranties and Representations. Both Parties warrant and represent that they have full authority to make this Agreement, and the signatory for each party warrants and represents that he or she holds the authority to enter into this Agreement on behalf of the signatory’s organization. Both parties warrant and represent that they do not intend to use this Agreement or any resulting product for any illegal purpose.
B. Governing Law. The laws of Ohio govern all matters arising out of or relating to this Agreement, including torts.
C. Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.
D. Merger. This Agreement constitutes the final, exclusive agreement between the Parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
E. Amendments. The Parties may amend this Agreement only by the Parties’ written consent via proper Notice.
F. Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.
G. Confidentiality. Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (known as “Confidential Information” in this Agreement) means information that is of value to its owner and is treated as proprietary or confidential.
This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third-party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third-party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.
H. Relationship of the Parties. Hey Hello Studio and any related subcontractors are not employees, partners, or members of the Client’s company or organization. Hey Hello Studio has the sole right to control and direct the means, manner, and method by which the Services in this Agreement are performed. Hey Hello Studio has the right to hire assistants, subcontractors, or employees to provide the Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA), registrations, or permits. The Client is not responsible for paying for any benefits, Workers Compensation, insurance, or unemployment fees to Hey Hello Studio.
I. Termination. When all outstanding balances and payments are received from the Client, and Hey Hello Studio has fulfilled all its obligations and Services in this Agreement, the Agreement is completed. Any surviving provisions remain in full force and effect.
J. Headings. Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
The Brand Boutique
A. Brand Assignment. The Brand Assignment includes the required information, content, inspiration, and other details that enable Hey Hello Studio to create design deliverables that match the Client’s vision and goals. The Client will complete the Brand Assignment in full at least one week prior to the start of the Design Span, or else the Project may be subject to Project Termination at Hey Hello Studio’s discretion.
B. Timely Feedback. During the Design Span, Hey Hello Studio will deliver Design Proofs that require timely feedback from the Client. Design Proofs will be delivered by 6pm EST, and Client will provide feedback by 10am EST the following business day. If the Client delays in providing feedback, Hey Hello Studio cannot guarantee full project delivery. If, during the Design Span, Hey Hello Studio requests feedback from the Client, and the Client does not respond within 24 hours, Hey Hello Studio may terminate the Project without notice.
C. Single Point of Contact. If the Client has multiple stakeholders, they will designate one person as the point of contact who will be the sole decision-maker for the Project and provide all feedback and approvals. It is the responsibility of the point of contact to collect and condense feedback from any other sources prior to providing it to Hey Hello Studio.
D. Project Files. Digital copies of files and designs produced in the course of fulfilling this Agreement will be stored until delivered to the Client at the end of the Design Span. At that time, the Client is responsible for downloading, saving, and storing all necessary files, and releases Hey Hello Studio from any and all liability for lost or damaged files.
DESIGN PROCESS AND REVISIONS
A. Revisions. The Client will receive a Design Proof with one revision phase. This includes overall conceptual and design feedback. The Total Cost for Services is based on the billable hours associated with this revision phase. If the Client passes the one-revision mark, the Client will be subject to an Additional Revision Fee per revision, and the revisions may need to be scheduled outside the Design Span.
B. Approvals. The Client is solely responsible for the approval of all Design Proofs. It is the Client’s sole responsibility to ensure that the designs are free of errors, including but not limited to: spelling, informational, or grammatical errors. Once Design Proofs are approved, the Client accepts full responsibility for any existing errors or defects, and agrees to accept responsibility for payment and processing charges. After the Client approves a Design Proof, Hey Hello Studio assumes that there are no more revisions to be made, and that deliverable is marked as completed. If for some reason the Client needs additional revisions after approving a Design Proof, the Client will be subject to an Additional Revision Fee per revision, and the revisions will need to be scheduled outside the Design Span.
PRICING ADJUSTMENTS
Please note that the prices listed on our website may change without prior notification. The charge for any product or service you order will reflect the current pricing at the time your order is submitted. This amount will be confirmed in your order receipt email. Be aware that our listed prices might exclude additional costs, such as taxes and shipping fees, which will be clearly itemized in your shopping cart summary and order confirmation.
PAYMENT TERMS
The acceptance of your order is contingent upon receipt of payment. We offer a variety of payment options, including Paypal, Stripe, and the facility for partial payments. By providing payment details, you confirm that the information is accurate and valid, and you have authorization to use the provided payment method. All charges, inclusive of applicable taxes, are your responsibility as per the stated prices.
INTELLECTUAL PROPERTY
A. Copyright. Any and all work created as a result of Hey Hello Studio’s Services is considered a work for hire and are expressly assigned to and owned by the Client upon full and final payment. Hey Hello Studio retains the right to display preliminary or final deliverables in portfolios, websites, social media, etc. for marketing, professional recognition, or other business development needs.
B. Provided Materials. The Client guarantees it owns all intellectual property it provides to Hey Hello Studio, such as text, images, artwork and designs, or the Client guarantees it has permission to use any intellectual property it provides to Hey Hello Studio. The Client agrees to indemnify and hold harmless Hey Hello Studio, and its subcontractors and assignees, from any intellectual property infringement claims regarding any and all materials the Client provides to Hey Hello Studio.
C. Trademark Ownership. Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.
D. Templates. The purchase of a Semi-Custom Brand includes one round of customizations to a premade design template (“Template”). The Client understands and agrees that any designs produced as part of these Services may look similar to the Template and/or other projects based off the Template.
LIMITATIONS OF LIABILITY AND INDEMNIFICATION
A. Style Release. The Client has spent a satisfactory amount of time reviewing Hey Hello Studio’s work and has a reasonable expectation that Hey Hello Studio’s Services will produce a reasonably similar outcome and result for the Client. Hey Hello Studio will use reasonable efforts to ensure the Client’s services are carried out in a style and manner consistent with Hey Hello Studio’s current portfolio and services, and Hey Hello Studio will try to incorporate any suggestions the Client makes. However, the Client understands and agrees that:
- Every Client and final delivery is different, with different tastes, budgets, and needs.
- Design is a subjective service and Hey Hello Studio is a provider with a unique vision and an ever-evolving style and technique.
- Hey Hello Studio will use their personal judgment to create favorable results for the Client, which may not include strict adherence to the Client’s suggestions.
Dissatisfaction with Hey Hello Studio’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
B. Maximum Damages. The Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Hey Hello Studio.
C. Indemnification. The Client agrees to indemnify and hold harmless Hey Hello Studio, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees, and officers from any and all claims, causes of action, damages, or other losses arising out of, or related to, the Services provided in this Agreement. The Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees, or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, the Client waives its right to directly or indirectly ask or force Hey Hello Studio to pay for any such damages.
D. Non-disparagement. The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION
A. Governing Law. The laws of Ohio govern all matters arising out of or relating to this Agreement, including torts.
B. Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.
Semi-Custom Brands
Program/Service
Hey Hello Studio (herein referred to as “Company”) agrees to provide the Program, Six-Figure Creative Lab (herein referred to as “Program”) identified in the ecommerce shopping cart. Purchaser (herein referred to as “Client”) agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Disclaimer
Company is not an employee, agent, manager, public relations, business manager, or accountant on behalf of Client. Client understands that Company has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment counseling, or advice with regard thereto; (3) act as a public relations manager; (4) act as a publicist to procure any publicity, interviews, write-ups, features, print or digital media exposure for Client; (5) introduce Client to Company’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the Parties after the conclusion of the Program. If the parties continue their relationship, a separate agreement will be entered into.
Earnings Disclaimer
Every effort has been made to accurately represent this product and its potential. Your level of success in obtaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions. Earning potential is entirely dependent on the person using our product, ideas and techniques. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in the materials are not to be interpreted as a promise or guarantee of earnings.
Fees
The fee for the Program has the following options:
Standard (self-study) Program:
- One payment of $2,997. Payment is due upon enrollment.
- Six payments of $575 for six months. Access to Program modules will be periodically dripped out each month following successful payment for that coming month.
If for any reason Hey Hello Studio is offering a special discount/promotion for the Standard Program for a limited time, then that replaces the above.
Mastermind Program:
- One payment of $2,997. Payment is due upon enrollment.
- Three payments of $1,097 for three months.
The Mastermind Program is excluded from all promotional offers and discount codes.
14-Day Money Back Guarantee
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the lessons and strategies in the course. In order to qualify for a refund, you must submit proof that you did the coursework and agree to a 30-60 minute phone call to discuss why the offering was not a good fit for you.
In the event that within 14 days of the first module being released, you decide your purchase was not the right decision, contact our support team at support@heyhello.studio and let us know that you’d like a refund. We must receive your message by the 14th day at 11:59 PM PST and you must include any completed pre-course work that was assigned and your coursework for Modules 1 + 2 with your request for a refund. Once received, our support team will get in touch with you to schedule the 30-60 minute phone call. If you request a refund and do not include the aforementioned coursework or schedule and attend a call with us by the 14th day, you will not be granted a refund.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
Mastermind Scheduling Policy
If Client chooses Company’s “Mastermind Program,” the 1:1 Coaching Session must be booked within 60 days of purchase. The session must be scheduled and executed within 90 days of purchase. If Client fails to book 1:1 Coaching Session within 60 days of purchase, the Client forfeits their access to the session and no refunds will be granted for the unscheduled session. If Client fails to attend their scheduled 1:1 Coaching Session, Company reserves the right to refuse rescheduling entirely.
In the event that Client becomes aware of an extenuating circumstance that will prevent them from scheduling and attending the 1:1 Coaching Session within the allotted time frame, Client must contact our support team at support@heyhello.studio.
Client Responsibility
Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that, as with any business endeavor, there is an inherent risk of loss of capital and there’s no guarantee that client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to an individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
Confidentiality
The company respects Clients' privacy and insists that Client respects the Company’s in Program Participants (herein referred to as “Participants”). Thus, consider this a mutual nondisclosure agreement. Any confidential information shared by Program participants or any representative of the company is confidential, proprietary, and belongs solely and exclusively to the Participant who disclosed. Parties agree not to disclose, reveal or make use of any confidential information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during the Program. Confidential information includes, but is not limited to, information disclosed in connection with this agreement, and shall not include information rightfully obtained from a third-party. Both parties will keep confidential information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third-party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Company will not, at any time, either directly or indirectly, disclose confidential information to any third-party. Further, purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
No Transfer of Intellectual Property
Company’s Program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of the Company's intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this Product, Client agrees (1) not to infringe on copyright, patent, trademark, trade secret, or other intellectual property rights; (2) that any confidential information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this Product, Client agrees that if Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Termination
Company is committed to providing all Clients in the Program with a positive program experience. By purchasing this Product, Client agrees that the company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Clients participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program or upon violation of the terms are determined by Company. Client will still be liable to pay the total contract amount.
CONTACT INFORMATION
Address:
12501 Madison Ave,.
Lakewood, Ohio 44138
Six-Figure Creative Lab
We at Hey Hello Studio respect Your privacy. This Privacy Policy is designed to explain how We collect, use, share, and protect the personal information You provide to Us when You access Our website, purchase Our goods or services, or engage with Us on social media, as well as Your own rights to the information We collect.
Please read this Privacy Policy carefully. We will alert You to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on Our website, and You waive specific notice of any changes to the Policy by continuing to use and access Our site(s). We encourage You to review this Privacy Policy periodically, when You use Our website for any purpose or engage with Us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by Your continued use of Our website after the revised Privacy Policy is posted.
INFORMATION THAT WE COLLECT
We collect a variety of information from You when You visit Our website, make purchases, or interact with Us on social media. By accepting this Privacy Policy, You are specifically consenting to Our collection of the data described below, to Our use of the data, to the processing of this data, and to Our sharing of the data with third-party processors as needed for Our legitimate business interests. The information We collect may include:
PERSONAL DATA
Personal Data is information that can be used to identify You specifically, including Your name, shipping address, email address, telephone number, or demographic information like Your age, gender, or hometown. You consent to giving Us this information by providing it to Us voluntarily on Our website or any mobile application. You provide some of this information when You register with or make purchases from Our website. You may also provide this information by participating in various activities associated with Our site, including responding to blogs, contacting Us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but Your refusal may prevent You from accessing certain benefits from Our website or from making purchases.
DERIVATIVE DATA
Derivative data is information that Our servers automatically collect about You when You access Our website, such as Your IP address, browser type, the dates and times that You access Our website, and the specific pages You view. If You are using a mobile application, Our servers may collect information about Your device name and type, Your phone number, Your country of origin, and other interactions with Our application. Derivative data may also include data collected by third-party service providers, such as advertising and analytics providers, and may include cookies, log data, or web beacons. Cookies are discussed more fully below. Derivative data collected by third-party service providers generally does not identify a specific individual.
FINANCIAL DATA
Financial data is data that is related to Your payment method, such as credit card or bank transfer details. We collect financial data in order to allow You to purchase, order, return, or exchange products or services from Our website and any related mobile apps. We store limited financial data. Most financial data is transferred to Our payment processor, Stripe, and You should review these processors’ Privacy Policy to determine how they use, disclose, and protect Your financial data. As a courtesy, Stripe’s Privacy Policy can be found here: https://stripe.com/privacy.
SOCIAL NETWORKING DATA
We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat, or other social networking sites or apps not named specifically here, which may include Your name, Your social network username, location, email address, age, gender, profile picture, and any other public information. If You do not want Us to access this information, please go to the specific social networking site and change Your privacy settings.
MOBILE DEVICE DATA
If You use Our website via a mobile device or app, We may collect information about Your mobile device, including device ID, model and manufacturer, and location information.
OTHER DATA
On occasion, You may give Us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that You are offering this kind of information in exchange for an entry into such a contest or giveaway.
HOW WE USE YOUR INFORMATION
Your information allows Us to offer You certain products and services, including the use of Our website, to fulfill Our obligations to You, to customize Your interaction with Our company and Our website, and to allow Us to suggest other products and services We think might interest You. We generally store Your data and transmit it to a third party for processing. However, to the extent We process Your data, We do so to serve Our legitimate business interests (such as providing You with the opportunity to purchase Our goods or services and interact with Our website or mobile app).
Specifically, We may use the information and data described above to:
• Create and administer Your account; and
• Deliver any products or services purchased by You to You; and
• Correspond with You; and
• Process payments or refunds; and
• Contact You about new offerings that We think You will be interested in; and
• Interact with You via social media; and
• Send You a newsletter or other updates about Our company or website; and
• Deliver targeted advertising; and
• Request feedback from You; and
• Notify You of updates to Our product and service offerings; and
• Resolve disputes and troubleshoot any problems; and
• Administer contests or giveaways; and
• Generate a profile that is personalized to You, so that future interactions with Our website will be more personal; and
• Compile anonymous statistical data for Our own use or for a third party’s use; and
• Assist law enforcement as necessary; and
• Prevent fraudulent activity on Our website or mobile app; and
• Analyze trends to improve Our website and offerings.
GROUNDS FOR USING AND PROCESSING YOUR DATA
The information We collect and store is used primarily to allow Us to offer goods and services for sale. In addition, Hey Hello Studio may collect, use, and process Your information based on the following grounds:
LEGITIMATE BUSINESS INTERESTS
We may use and process Your data for Our legitimate business interests, which include, among other things, communicating with You, improving Our goods or services, improving Our website, and providing You with the information or products that You have requested.
Performance of a Contract: We may use and process Your information to enter into a contract with You and to perform Our contractual obligations to You.
Consent: We may use Your data, or permit selected third parties to use Your data, based on Your consent to Our use and sharing of that data. You may withdraw Your consent at any time, but doing so may affect Your ability to use Our website or other offerings.
As required by law: We may also use or process Your data as required for Us to comply with legal obligations.
WHY WE DISCLOSE YOUR INFORMATION
We may share Your information with third parties in certain situations. In particular, We may share Your data with third-party processors as needed to serve Our legitimate business interests, which include administration of Our website, administration of Your account, entering into contracts with You, communicating with You, taking orders for goods or services, delivering Our goods and services, identifying trends, protecting the security of Our company and website, and marketing additional goods and services to You. The legal basis for Our disclosure of Your data is both Your Consent to this Privacy Policy and Our own right to protect and promote Our legitimate business interests.
The following are specific reasons why We may share Your information:
Third Party Processing: We may disclose Your information to third parties who assist Us with various tasks, including payment processing, hosting services, email delivery, communications, and customer service. We may not always disclose these third-party processors if not required by law. We do not authorize them to use or disclose Your personal information except in connection with providing Our company with their services.
By Law: We may share Your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect Our Company: We may use Your information to protect Our company, including to investigate and remedy any violations of Our rights or policies. We may also disclose Your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Business Transfers: In the unlikely event Our company engages in a merger, acquisition, bankruptcy proceedings, dissolution, reorganization, or similar transaction or proceeding, We may transfer or share Your data as part of that proceeding. In such transitions, customer information is one of the business assets that is acquired by a third party. You acknowledge that such business transfers may occur and that Your personal information can continue to be stored, used, or processed as otherwise set forth in this privacy policy.
Other Third Parties: We may share information with advertisers, Our investors, or other third parties for the purpose of conducting general business analysis. If We do so, We will make reasonable efforts to inform You if required by law.
Interaction With Others: If You interact with others on Our website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of Your data, including Your name, profile picture, and Your history of interaction with Our website, such as prior comments or posts.
Online Postings: When You post online, Your posts may be viewed by others, and We may distribute Your comments outside the website.
External Links: Our website may include hyperlinks to other websites not controlled by Us. We suggest You exercise caution when clicking on a hyperlink. Although We use reasonable care in including a hyperlink on Our own web page, We do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences You suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third-party website that You access by a hyperlink, nor are they bound by ours. We encourage You to read the Policies of those third-party websites before interacting with them or making purchases. They may collect different information and by different methods than We do.
Other Purposes: We may disclose Your personal data as necessary to comply with any legal obligation or to protect Your interests, or the vital interests of others or Our company.
TRACKING TECHNOLOGIES
Log Files: Like many other websites, We make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
Cookies: We also use cookies — small text files sent to Us by Your computer — and web beacons to store certain information. We may use cookies to authenticate Your identity, to determine if You are logged onto Our website, for personalization, for security, for targeted advertising, or for analysis of the performance of Our website and services. For example, cookies allow Us to recommend blog posts to You based on what You have read on Our site in the past. We use cookies that are not specific to Your account but unique enough to allow Us to analyze general trends and use, and to customize Your interaction with Our website. This information helps Us to understand the use of Our site and to improve Our website and service offerings.
We may use any or all of the following types of cookies:
Essential Cookies: These cookies help Us run Our website and improve Your experience with Our website. These cookies may allow content to load more quickly or allow You to access “members only” or repeat-users sections of Our website.
Functionality Cookies: These cookies allow Us to remember Your preferences from earlier visits to Our website, including login information, so that You do not have to input the same information multiple times.
Social Media Cookies: These cookies allow Us to record when You have engaged with a social media tool while visiting Our website. For example, We may record that You have “liked” a certain aspect of Our website. The social media application may also share data with Us that You have allowed it to share. If You wish to change Your social media sharing settings, please visit the privacy settings of the social media network.
Advertising Cookies: We may work with third-party advertising partners who collect information about Your browsing habits on Our website in order to later display a relevant ad about Our services when You are on a third-party site such as a social media platform. These cookies may also allow Us to access Your location.
In addition, when You first encounter Our website, You will be asked to “consent to cookies.” If You wish to disable cookies, You may do so through Your individual browser options. However, this may affect Your ability to use or make purchases from Our website. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. More information about cookies can be found at What Are Cookies? By continuing to use Our website and not disabling cookies on Your browser, You are consenting to Our use of cookies in accordance with the terms of this policy.
In addition, We may use third-party software to post advertisements on Our website or mobile application, to oversee marketing or email campaigns, or manage other company initiatives. These third-party softwares may use cookies or similar tracking technology. We have no control over these third parties or their use of cookies. For more information on opting out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Pixel Tags: We may use a pixel tag, which is a small graphic file that allows Us to monitor the use of Our website and provide Us with information regarding Your interaction with the website. These tags may collect the IP address from the device You are using, and the browser type. Pixel tags are also used by Our third-party partners to collect information when You visit Our website, and We may use this information to display targeted advertisements.
Email Confirmations: We may receive email confirmations when You open an email from Us. This allows Us to determine if users are responding favorably to Our email communications and to improve those communications.
Other Technologies: Other data technologies may be used that collect comparable information for security, fraud detection, and similar purposes, to give Us information about Your use of Our website, and to greater improve Our website and service offerings to You.
WEBSITE ANALYTICS
We may partner with third-party analytic companies, including Squarespace Analytics and Google Analytics. The analytic companies may also use cookies (described above) or other tracking technologies to analyze visitors’ use of Our website or mobile app to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third-party vendors. However, in order to access Our website, You must consent to the collection and use of Your information by these third-party analytic companies. You should review their Privacy Policy and contact them directly if You have questions. If You do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Google Analytics: You can opt-out of having Your activity on Our website made available to Google Analytics by installing the Google Analytics opt-out browser add-on. This add-on prevents Google Analytics from retrieving information about Your visits to Our website. For more information about Google’s Privacy Policy, please visit: https://policies.google.com/privacy.
Twitter: You can opt-out of Twitter’s internet-based ads by visiting: https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads.
You can learn more about Twitter’s Privacy Policy at https://twitter.com/en/privacy.
Facebook: You can opt-out of Facebook’s interest-based ads by visiting: https://www.facebook.com/help/568137493302217.
You can learn more about Facebook’s Privacy Policy at: https://www.facebook.com/full_data_use_policy.
PROCESSING YOUR INFORMATION
For the most part, We do not process Your information in-house, but give it to third-party processors for processing. For example, when PayPal takes Your payment information, they are a third-party processor. They process Your payment and remit the funds to Us. So in many instances, it will be necessary for Us to transmit Your information to a third-party processor, as We do not have the capability to perform these functions. More detail on third-party processing is detailed below.
However, We may, from time to time, process Your data internally. The legal basis for this processing is both Your consent to the processing, Our need to conduct Our legitimate business interests, and to comply with legal obligations. Our purposes in processing this information, if We do, is to administer, maintain, and improve Our website and offerings, to enter into contracts with You, to fulfill the terms of those contracts, to keep records of Our transactions and interactions, to be able to provide You with goods and services, to comply with Our legal obligations, to obtain professional advice, and to protect the rights and interests of Our company, Our customers (including You), and any third parties. We may process the following data:
Data associated with Your account, such as Your name, address, email address, and payment information.
• Data about Your usage of Our website, such as Your IP address, geographical information, and how long You accessed Our website and what You viewed.
• Data related to Your personal profile, such as Your name, address, profile picture, interests and hobbies, or employment details.
• Data that You provide Us in the course of using Our services.
• Data that You post on Our website, such as comments or responses to blogs.
• Data that You submit to Us when You make an inquiry regarding Our website or offerings.
• Data related to Your transactions with Us, including Your purchase of Our goods or services. This information may include contact details and payment information.
• Data that You provide to Us when You subscribe to Our emails or newsletters, including Your email address and contact information.
• Data that You submit to Us via correspondence, such as when You email Us with questions.
• Any other data identified in this policy, for the purpose of complying with Our legal obligations, or to protect the vital interests of You or any other natural person.
INTERNATIONAL DATA
Our website is hosted by servers located in the United States. Therefore, if You reside outside the United States, some of Your data will be transferred internationally to and stored on those servers. In addition, We may use third-party processors (including payment processors) and subcontractors located in the United States. We use all reasonable methods to protect the safety of Your data during transfer, including hosting Our website on reputable servers and engaging reputable third-party processors. By using this site and providing Us with information, You consent to this transfer, processing, and storage of Your information in the United States. Note that the privacy laws in the United States may not be as strict as those in other countries. Please be aware that:
We may transfer data that We collect to locations outside of Our headquarters for processing or storing, and the data may be processed by Our staff or by third-party processors. For example, We may engage third parties to fulfill orders. By submitting Your personal data, You agree to this transfer, storing, and processing. We take all reasonable steps to make sure Your data is treated securely and in conformity with this Privacy Policy.
Data that is provided to Us is stored on secure servers. Payment information and other sensitive data will be encrypted to ensure its safety.
The transmission of data via the internet is never completely secure, and We cannot guarantee the security of data that is sent to Us electronically. Your transmission of data to Us is at Your own risk.
Where data that You have transmitted to Us is password protected, You are responsible for keeping the password confidential. You are exclusively responsible for any breaches of Your data that results from Your own disclosure of or failure to protect Your password.
DATA RETENTION
We retain personal data as long as it is needed to to conduct Our legitimate business purposes or to comply with Our legal obligations, or until You ask Us to delete Your data. For example, We will retain certain personal information indefinitely for the purposes of maintaining Your account, unless and until You delete Your account. Data that We gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will be kept for no longer than is necessary for that particular purpose. Data that is no longer needed by Us for any of the purposes listed above will be permanently deleted.
We will honor Your request to delete Your data, as described more fully below, unless We are required by law to retain access to the data. However, note that We cannot control the retention policies of third parties. If You wish to have any third parties, including those to whom We’ve transmitted Your data, delete that data, You will need to contact those third parties directly. You may request from Us a list of all third parties to whom We have transmitted Your data.
We may retain usage data (that is, data that is gathered by Our company or third-party analytics companies for the purpose of analyzing the use of Our website) as needed for internal analysis purposes. This type of data is usually retained for a shorter period of time than personal data, unless the data is necessary to improve the security or functionality of Our website or offerings, or We are legally obligated to retain the data for a longer period of time.
SECURITY OF YOUR INFORMATION
We take all reasonable steps to protect Your personal data and keep Your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information You transmit to Us.
By consent to this Privacy Policy, You acknowledge that Your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of Your data by other parties.
We will notify You promptly of any known breach of Our security systems or Your data which might expose You to serious risk.
CHILDREN
This website or mobile app is not designed for use by children under age 16, and We do not knowingly solicit personal data from anyone under age 16. If You are under age 16, do not access or use Our website or related products or services. If You become aware that We have collected data of anyone under the age of 16, please contact Us so that We may delete that data.
SENSITIVE DATA
We request that You do not submit any sensitive data to Us, via public postings, email correspondence with Us, or any other method, including social security number, health data, genetic data, or information related to Your ethnic origin, religious beliefs, or criminal history. If You do send Us this information, then by doing so You are consenting to Our use, storage, and processing of this information in accordance with this privacy policy.
YOUR RIGHTS
You have certain rights with respect to Your personal data, as outlined below. Note that We may charge You a reasonable fee for actions that You ask Us to take with respect to Your data. In addition, We reserve the right to request that You provide Us with evidence of Your identity before We take any action with respect to the exercise of Your data rights. Further, Your rights may be restricted or nullified to the extent they conflict with Our compelling business interests, the public interest, or the law.
UPDATE ACCOUNT INFORMATION
You have the right to update or change any information You have provided to Us. To update or delete Your information, please contact Us at hi@heyhello.studio.
CONFIRM PERSONAL DATA AND ITS USE
You have the right to request that We confirm what data We hold about You, and for what purposes. You also have the right to confirmation of whether We process Your data or deliver Your data to third-party processors, and for what purposes. We will supply You with copies of Your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change Your consent to Our use of Your information. In such cases, We may require You to delete Your account with Us, as described above, and You may not have full access to Our website.
Request a Copy of Data: You have the right to request a digital copy of the data that We hold about You. Your first request for a copy of Your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that We gather and transfer Your data to another controller, in a commonly used and machine readable format, unless doing so would cause Us an undue burden.
Delete All Data: You have the right to request that We delete all data that We hold about You, and We must delete such data without undue delay. There are exceptions to this right, such as when keeping Your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of Your account with Us and You may have limited or no use of Our website.
Emails and Communications: You may opt out of receiving future email correspondence from Us by checking the appropriate box when You register for the account or make a purchase. You may change Your communication settings by contacting Us at hi@heyhello.studio.
Marketing Communications: You may opt out of receiving any third-party marketing communications or having Your personal information used for marketing purposes. You may do this by contacting Us at hi@heyhello.studio.
Processing: You may, in some circumstances, restrict the processing of Your data, such as when You contest the accuracy of Your data or when You have objected to processing, pending the verification of that objection. When processing has been restricted, We will continue to store Your data but will not pass it on to third-party processors without Your consent, or as necessary to comply with legal obligations or protect Your rights or those of others or Our company. In addition, You may opt out of any processing of Your data altogether. Note, however that doing so may result in the termination of Your account and loss of access to Our website.
Complaints: If You are an EU resident, You have the right to complain to a supervising authority if You believe We are misusing Your data or have violated any of Your rights under this Privacy Policy or applicable law. You may do so in the EU member state in which You reside or have Your place of business or in which the alleged infringement took place. If You are located outside the EU, You may have rights under privacy laws in the jurisdiction where You live.
CALIFORNIA PRIVACY RIGHTS
The State of California has established its own unique regulations that apply to California residents.
As of its effective date of January 1, 2020 We are also compliant with the California Consumer Privacy Act Of 2018, Cal. Civ. Code §§ 1798.100 Et Seq. (CCPA).
Any California resident may request, free of charge, the personal information We have collected or stored about themselves or about a member of their household. For security purposes, We reserve the right to ask for verification of Your identity and proof of your California residency at the time of your request.
Any California resident has a right to request the personal data We have collected, or request deletion of the personal data We have collected, including but not limited to:
• Any personally identifying information, such as a real name, alias(es), mailing or resident address, IP address, email address, account name, biometrics, or any other data that could uniquely identify a California resident; and
• Commercial information, including products or services purchased, obtained, or considered, search history, interactions with Our website, or any other purchasing or browsing history of Our site and/or offer(s); and
• Site comments made publicly or privately; and
• Geolocation data; and
• Professional or employment-related information; and
• Education information.
• We reserve the right to collect any of the above data on California residents and their households.
• We do not plan on selling your data. Regardless, any California resident can email us at hi@heyhello.studio to explicitly request to opt-out of any such sale of data.
• California residents also have the option to request a full deletion of their account and any data We have collected and associated with them.
• We agree to comply with any data request or deletion made pursuant to the CCPA in a reasonable timeframe, during normal business hours and excluding holidays or Our pre-scheduled time off.
NEWSLETTER PRIVACY
We offer the opportunity for You to volunteer certain information to Us that is used for email and marketing purposes. This information includes, but is not limited to, Your name and email. You will have an opportunity to unsubscribe from any future communications via email, but We reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in Our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting Our business, such as through Facebook ads or Google Pay Per Click marketing campaigns
Privacy Policy
DISPUTE RESOLUTION
If you and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
NON-DISPARAGEMENT
If you are found to be slandering, libeling, or otherwise disparaging our Company, Offerings, or related materials at our discretion, you will be immediately removed from the offerings and any related communications. We reserve the right to file a civil claim of action against you for any such damaging actions You take that materially harm our Company.
ENTIRE AGREEMENT
Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.
LAW AND JURISDICTION
These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Ohio, United States.
CONSENT
By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.
If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at hi@heyhello.studio.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.
SEVERABILITY
If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
CONTACT INFORMATION
12501 Madison Ave.,
Lakewood, Ohio 44107
