Terms & Conditions of mermaidcreativeco.co
Last Updated: September 9, 2025
INTRODUCTION
The website mermaidcreative.co (the “Website”) is owned by Mermaid Creative Co., LLC, a Hawaiʻi limited liability company (“Mermaid Creative Co.,” “we,” “us,” or “our”).
These Terms and Conditions (“Terms”) govern your access to and use of the Website and any content, programs, products, or services offered by us (collectively, “Services”). By using the Website, you consent to these Terms without modification. IF YOU DO NOT AGREE, PLEASE LEAVE THIS WEBSITE.
DEFINITIONS
“Website” = mermaidcreativeco.com and all pages, subdomains, and content hosted on it.
“We,” “us,” “our” = Mermaid Creative Co., LLC.
“User,” “you,” “your” = visitors, clients/customers, and all other users of the Website.
“Services” = branding & brand strategy; website design & development (including Showit); copywriting; SEO support; digital products/templates; courses; consulting; and related offerings.
“Content” = all intellectual property and original works on the Website or delivered via the Services (text, documents, designs, layouts, graphics, logos, palettes, photos, video/audio, code, downloads).
“Personal Information” = information that identifies or can reasonably identify an individual (e.g., name, email, phone, billing address, payment details).
SERVICES PROVIDED
Mermaid Creative Co. provides branding and web design/development (including Showit), copywriting, SEO foundations, consulting, and digital products. Services may change or be discontinued at any time without notice. We may refuse service at our discretion.
ELIGIBILITY; ACCEPTABLE USE
You must be 18 years or older to use this Website. You agree to use the Website for lawful, legitimate, non-malicious purposes only and not to:
post spam, solicitations, or mass mailings;
infringe IP or privacy/publicity rights;
publish defamatory, obscene, threatening, harassing, or otherwise objectionable content;
upload viruses, malicious code, or anything that interferes with the Website’s operation.
We may, at our sole discretion, remove content, restrict access, or terminate use for violations of these Terms.
INTELLECTUAL PROPERTY (OUR MATERIALS)
All Content is owned by or licensed to Mermaid Creative Co. and protected by U.S./international IP laws.
You are granted a limited, revocable, non-transferable license for personal viewing only.
You may not copy, reproduce, modify, distribute, create derivative works, publish, sell, or otherwise exploit our Content without prior written permission.
Trademarks (names, logos, taglines, design elements) are our property and may not be used in a manner likely to cause confusion or imply endorsement.
All rights not expressly granted are reserved.
Licensing of Deliverables (Client Work). Ownership and license terms for logos, brand assets, websites, and other deliverables will be set in your signed client agreement / SOW.
Typically:
Final, paid deliverables are licensed to you for the scope defined in the agreement.
Working files (e.g., raw design files) are not included unless expressly stated.
Stock imagery, fonts, and third-party assets are subject to their own licenses and may require your purchase.
YOUR MATERIALS & ACCOUNTS
Your Materials. If you upload or transmit materials (text, images, brand assets, testimonials, etc.), you represent you own or have permission to use them and that they do not violate any laws or third-party rights. You grant us a worldwide, royalty-free, non-exclusive license to use such materials as reasonably necessary to provide the Services and to display work samples in our portfolio/marketing (unless your agreement provides otherwise or you opt out in writing).
Security & Access. If you create credentials for any portal or area, you are responsible for maintaining confidentiality of your login and for all activity under your account. Notify us promptly of unauthorized access.
NO CLIENT RELATIONSHIP WITHOUT AGREEMENT
Viewing the Website or contacting us does not create a client–service relationship. A relationship is formed only after both parties sign a written agreement and required onboarding steps are completed.
COMMERCE; PAYMENTS; DELIVERY; REFUNDS
Pricing & Availability. We strive for accuracy but errors may occur. We may change prices, features, or availability at any time. Orders are subject to acceptance and payment processing.
Payments. You agree to provide accurate, current billing information and that you are an authorized user of the payment method. Payments are processed via third-party gateways (e.g., Stripe/PayPal/HoneyBook). Those providers’ terms apply.
Delivery.
Digital products: delivery is complete upon transmission of access/download links to the email you provide.
Services: timelines, milestones, and deliverables are defined in your signed agreement/SOW.
Refunds. Unless stated otherwise in your signed agreement or the product page, all sales are final. Time-based service retainers and project fees are non-refundable once work begins. Any exceptions must be in writing.
PROJECT TIMELINES; CLIENT RESPONSIBILITIES
You agree to participate in good faith, provide timely feedback/content/approvals, and meet review deadlines. Delays in your responses may extend timelines and/or incur pause/restart fees as set out in your agreement. We are not liable for delays caused by missing or late client materials, platform outages, or third-party vendors.
PLATFORM & THIRD-PARTY DEPENDENCIES (E.G., SHOWIT)
Web builds may rely on third-party platforms (e.g., Showit, domain/DNS, hosting, email, fonts, analytics, payment gateways). You are responsible for obtaining and maintaining those accounts and subscriptions unless otherwise specified in writing. Platform changes or outages may impact performance; we do not warrant third-party services.
SEO, COPY, AND PERFORMANCE
We provide SEO foundations and strategic guidance where included. We do not guarantee rankings, traffic, conversions, earnings, or specific outcomes. Performance depends on many factors beyond our control (market, competition, algorithm changes, your content/offers, ad spend, etc.).
TESTIMONIALS & PORTFOLIO
Testimonials reflect real client experiences but do not guarantee similar results. Unless otherwise agreed in writing, we may display non-confidential work samples and basic project context in our portfolio and marketing.
PRIVACY
Your use of the Website is also governed by our Privacy Policy, incorporated by reference. By using the Website, you agree to how we collect, use, store, and share information as described there.
THIRD-PARTY LINKS
The Website may link to third-party sites, tools, or resources. We do not control and are not responsible for their content, policies, or availability. Use at your own risk and review their terms and privacy policies.
TECHNOLOGY; AVAILABILITY; ERRORS
We aim to keep the Website available and accurate, but we do not guarantee uninterrupted or error-free operation. Access may be suspended for maintenance, updates, or issues beyond our control. We are not liable for losses arising from downtime, errors, or omissions.
DISCLAIMERS
The Website and Services are provided for informational and educational purposes. We do not provide legal, financial, tax, or medical advice. To the fullest extent permitted by law, the Website and Content are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website or Content will be uninterrupted, error-free, current, or secure.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall Mermaid Creative Co., its owners, officers, employees, contractors, or affiliates be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages; lost profits, revenues, data, goodwill, or business opportunities; or any loss or damages arising from or related to your use or inability to use the Website, Content, or Services—even if foreseeable. Where such limitations are not allowed, our aggregate liability shall not exceed the total amount you paid us in the six (6) months preceding the claim, or one hundred U.S. dollars (US $100) if no purchase was made, whichever is greater.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mermaid Creative Co. and its affiliates, officers, employees, and contractors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Website or Services; (ii) your breach of these Terms; or (iii) your violation of any rights of a third party.
GOVERNING LAW; VENUE; DISPUTE RESOLUTION
These Terms are governed by the laws of the State of Hawaiʻi without regard to conflict-of-law rules. The exclusive venue for any action shall be Maui County, Hawaiʻi.
Arbitration. If an amicable resolution is not possible, disputes shall be resolved by binding arbitration before the American Arbitration Association in Maui County, Hawaiʻi. The arbitrator’s decision is final and enforceable. Any arbitration must be commenced within one (1) year of the claim. Subject to applicable law, the sole remedy available to you is a refund of payments actually made to us for the Services at issue.
Attorneys’ Fees. The prevailing party in any action or proceeding (including arbitration) may recover reasonable attorneys’ fees and costs.
TERMINATION
We may suspend or terminate access to the Website or Services at any time, for any reason, without notice. Provisions that by their nature should survive termination (e.g., IP, disclaimers, limitation of liability, indemnification, dispute resolution) shall survive.
SEVERABILITY
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
ASSIGNMENT
You may not assign, delegate, sublicense, or transfer these Terms without our prior written consent. Any unauthorized assignment is void.
ENTIRE AGREEMENT; WAIVER
These Terms, together with our Privacy Policy, Disclaimer, and any signed client agreement or terms of purchase, constitute the entire agreement between you and Mermaid Creative Co. regarding the Website and Services. No waiver is effective unless in a writing signed by us.
CHANGES TO THESE TERMS
We may update these Terms at any time. Changes are effective upon posting to this page with a new “Effective Date.” Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms.
NOTICES; CONTACT
All legal notices must be sent to:
Mermaid Creative Co., LLC
Email: support@mermaidcreativeco.com
For general questions about these Terms or our Services, contact us at the email above.
