Terms of Service — aery studio

aery provides creative and technical services that may include branding and identity, web design and development, search engine optimization, content and social media, paid advertising, analytics and conversion optimization, and AI automation solutions such as chatbots, agents, and workflow automation.

The specific scope, deliverables, timeline, and fees for any engagement are defined in a separate proposal, statement of work, or written agreement (“Project Agreement”). In the event of a conflict, the Project Agreement controls over these Terms for that engagement.

Fees, payment schedules, and milestones are set out in each Project Agreement. Unless otherwise stated, an initial deposit is required before work begins, and final deliverables are released upon receipt of full payment. Invoices are due within the period stated on the invoice. Late payments may incur reasonable charges and may result in the suspension of work.

You agree to provide timely access to the materials, information, approvals, and feedback we reasonably require to perform the services. Delays in providing these may affect timelines and costs. You represent that any content you provide to us does not infringe the rights of any third party and complies with applicable law.

Each engagement includes the number of revision rounds specified in the Project Agreement. Requests that fall outside the agreed scope may be subject to additional fees and timelines, which we will communicate before proceeding.

Upon full payment of all applicable fees, ownership of the final deliverables created specifically for you transfers to you, except for any third-party assets, licensed materials, and our pre-existing tools, frameworks, and know-how, which remain the property of their respective owners or of aery.

We may showcase non-confidential work in our portfolio and marketing unless otherwise agreed in writing.

Our AI automation services may rely on third-party models and platforms. While we design, test, and monitor these systems carefully, AI outputs can contain errors and should be reviewed by a human where accuracy is important. We do not warrant that AI systems will be uninterrupted, error-free, or fit for every purpose, and you remain responsible for how AI outputs are used within your business.

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with an engagement and to use it only for the purposes of that engagement.

We perform our services with reasonable skill and care. Except as expressly stated, our website and services are provided “as is” and “as available” without warranties of any kind, whether express or implied, to the maximum extent permitted by law.

To the fullest extent permitted by law, aery shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to any engagement shall not exceed the total fees paid by you for that engagement.

Either party may terminate an engagement as set out in the applicable Project Agreement or by written notice where the other party materially breaches these Terms and fails to cure the breach within a reasonable period. Upon termination, you agree to pay for all work performed up to the date of termination.

These Terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws principles. The courts located in Chicago, Illinois shall have jurisdiction over any disputes, subject to any alternative dispute resolution agreed in writing.

We may update these Terms from time to time. Changes take effect when posted with a revised “Last updated” date. Your continued use of our website or services constitutes acceptance of the revised Terms.