Terms of Service

DreamVolition LLC Terms of Service

Effective Date: May 28, 2025

1. Introduction

1.1 These Terms of Service (“Agreement”) are a legally binding contract between DreamVolition LLC, a Delaware limited liability company (“DreamVolition,” “we,” “us,” or “our”), and you, the customer (“Customer,” “you,” or “your”), governing your use of DreamVolition’s design consulting services, website, and related media or applications.

1.2 By accessing or using the Services, you agree to comply with and be bound by this Agreement. If you do not agree, you may not use the Services.

2. Definitions

2.1 “Agreement”: This Terms of Service document, including all referenced policies and amendments.

2.2 “Client” or “Customer”: The individual or entity entering into this Agreement with DreamVolition.

2.3 “DreamVolition”: DreamVolition LLC, a California limited liability company.

2.4 “Services”: The design consulting services provided by DreamVolition, including Fractional Product Design Lead and Design Advisor Subscription, as further described herein.

2.5 “Deliverables”: Those work products expressly identified in writing by DreamVolition as “Deliverables” and accepted by the Client as part of the Services. For the purpose of this definition, “final” means delivered in a mutually agreed format after completion of all agreed revisions, and “approved” means the Client’s written confirmation of acceptance, or deemed acceptance if the Client fails to provide written objection within five (5) Business Days of delivery of such work product.

2.6 “Design Advisor”: The subscription-based advisory service described in Section 3.2.

2.7 “Fractional UX/UI Design Lead”: The ongoing product design support and leadership service described in Section 3.1.

2.8 “Third-Party Materials”: Any fonts, icons, software, or other materials subject to third-party licenses and included in Deliverables.

2.9 “Stripe Portal”: The online payment platform used for billing and payment processing.

2.10 “Business Days”: Monday through Friday, excluding public holidays in the State of California, USA.

3. Scope of Services

3.1 Fractional UX/UI Design Lead.

3.1.1 Service Description and Inclusions. The Fractional UX/UI Design Lead service offers ongoing product design support and leadership, available during standard Pacific Time business hours (Monday through Friday). This comprehensive service includes the following on an as-needed basis:

  • Web App Design

  • Mobile App Design

  • Website Design

  • Brand Identity (logos, color schemes, brand guidelines)

  • UX Strategy (user flows, wireframes, strategic planning)

  • Design Systems (scalable UI standards)

  • Data-driven Design Iteration (analysis and recommendations)

3.1.2 Deliverables. Deliverables provided under the Fractional Product Design Lead service typically include high-fidelity UI designs, design files, interactive prototypes, supporting documentation, specifications, and other digital assets as mutually agreed.

3.2 Design Advisor Subscription

3.2.1 Service Description. The Design Advisor service is a monthly subscription offering up to five (5) hours per week of strategic design consulting, conducted during Pacific Time business hours. This service is strictly advisory and does not include hands-on design execution or the creation of Deliverables.

3.2.2 Scope of Support. Advisory support under this subscription encompasses:

  • Weekly live sessions

  • Asynchronous feedback

  • Strategic input on product direction and design decisions

  • Actionable UX guidance

  • Integration with client tools and workflows

3.2.3 Subscription Term and Cancellation. The Design Advisor subscription is offered on a month-to-month basis and can be cancelled by the Client at any time. Upon cancellation, services will continue through the end of the prevailing billing cycle.

3.3 Excluded Services. The following are not included in the standard Services:

  • Development/Coding

  • 3D Modeling

  • Animation

  • Motion Design

  • Video Production

  • Print Design

  • Industrial Design

  • Audio Production

4. Service Delivery Model

4.1 Fractional Model:

  • Services under this Fractional Model are provided on a fractional, not full-time, basis, meaning DreamVolition’s availability is managed across multiple client engagements and is not equivalent to a dedicated full-time resource.

  • 20 hours/week unless otherwise agreed in writing.

  • 1–3 consulting calls per week, scheduled in advance.

  • Work and communications are conducted asynchronously during Pacific Time business hours.

  • Deliverable updates are generally provided within two business days, subject to project scope.

4.2 Design Advisor Model:

  • Under the Design Advisor Model, up to five (5) hours per week of advisory support (as described in Section 3.2) are provided. This service is fractional and strictly advisory, not including design execution or implying dedicated full-time availability.

4.3 Pauses. DreamVolition may pause Services for its personnel’s sickness, bereavement, jury duty, or observed public holidays, providing prompt written notice and anticipated duration where practicable. Services may also be paused by mutual written agreement, specifying start and anticipated duration. Such pauses, whether DreamVolition-initiated or mutually agreed, do not constitute a breach by DreamVolition and do not entitle Client to fee adjustments, credits, or refunds. If any pause under this section exceeds fourteen (14) consecutive calendar days, either party may terminate this Agreement with immediate effect by providing written notice to the other.

5. Client Responsibilities

5.1 Account Information and Security. Client agrees to provide accurate, current, and complete information for account creation and maintenance, and to promptly update such information as necessary via the Stripe Portal or by direct contact with DreamVolition. Client is solely responsible for maintaining the confidentiality of account login credentials and for all activities that occur under their account. Client must immediately notify DreamVolition of any unauthorized use of their account or any other breach of security.

5.2 Tools, Access, and Resources. DreamVolition will provide its core design tools necessary for the provision of Services. Should Client request the use of its own platforms or tools (e.g., Figma, Slack, Google Workspace), and DreamVolition agrees to such use, Client must provide DreamVolition with all necessary access credentials and permissions within forty-eight (48) hours of such agreement. Client is also responsible for the timely procurement and cost of any project-specific resources, such as premium themes, stock assets, or plugins, as mutually agreed upon in writing with DreamVolition.

5.3 License Compliance. Client represents and warrants that all access, materials, and resources provided to DreamVolition, including any Client-designated platforms or third-party assets, are fully compliant with all applicable vendor terms of service and licensing agreements. Client shall be solely responsible for any breaches of such terms or licenses.

6. Fees, Billing, and Payment Terms.

6.1 Subscription Fees and Payment Schedule. Subscription fees are charged monthly in advance, based on the Client’s billing cycle (starting from the first payment date). Payments must be made via valid credit or debit card through the Stripe Portal. Payment is due on the billing cycle date each month. If payment is not received by the due date, DreamVolition may suspend all Services until payment is made in full. All fees exclude applicable taxes, which will be added and invoiced. The Client is responsible for ensuring payment information is current and accurate.

6.2 Late Payments and Collection Costs. In the event any invoiced amount is not received by DreamVolition by its due date, then without prejudice to any other rights or remedies available to DreamVolition: (a) such overdue amounts shall accrue late payment interest at a rate of 1.5% per month on the outstanding balance, or the maximum rate permitted by applicable law, whichever is lower, calculated daily from the due date until the date of full payment; and (b) Client shall reimburse DreamVolition for all reasonable costs incurred in collecting any such late payments or interest, including, without limitation, collection agency fees. In addition, DreamVolition shall be entitled to recover its reasonable attorneys’ fees and legal costs incurred in connection with any action to collect unpaid amounts due hereunder.

6.3 Refunds and Returns. All sales are final. If DreamVolition terminates the Agreement for reasons other than Client breach, any remaining fees for the current period will be refunded on a prorated basis.

7. Intellectual Property

7.1 DreamVolition Intellectual Property. DreamVolition retains all rights, title, and interest in and to its website, proprietary methodologies, and all materials developed or owned by DreamVolition prior to or independent of this Agreement (“DreamVolition IP”). Unauthorized use, reproduction, or distribution of DreamVolition IP is strictly prohibited without prior written consent from DreamVolition.

7.2 Client Materials and License Grant. Client retains ownership of all intellectual property and materials provided by Client to DreamVolition (“Client Materials”). Client grants DreamVolition a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display Client Materials solely for the purpose of performing the Services under this Agreement and for DreamVolition’s portfolio and marketing activities, unless otherwise agreed in writing. Client warrants that it possesses all necessary rights and permissions to provide Client Materials and that their use by DreamVolition as contemplated herein will not infringe any third-party rights. Client agrees to indemnify and hold DreamVolition harmless from any claims, damages, or costs arising from DreamVolition’s use of Client Materials in accordance with this license.

7.3 Ownership of Final Deliverables. Upon Client’s full and final payment, and subject to the exclusions below, all right, title, and interest in and to the final, approved Deliverables (excluding any Third-Party Materials and DreamVolition’s pre-existing intellectual property, proprietary methodologies, or know-how) shall be deemed a “work made for hire” for Client to the fullest extent permitted by law. To the extent any Deliverable does not qualify as a “work made for hire,” DreamVolition hereby assigns to Client all right, title, and interest in and to such Deliverable, effective upon full and final payment. For clarity, DreamVolition retains all rights in and to any drafts, preliminary works, concepts, rejected Deliverables, and all methodologies, processes, and know-how developed or used in connection with the Services, whether or not embodied in the Deliverables.

7.4 Third-Party Materials. Deliverables may incorporate Third-Party Materials (such as fonts, stock images, icons, or software). Client is responsible for obtaining and complying with any licenses required for such Third-Party Materials. DreamVolition will endeavor to inform Client of any Third-Party Materials included in Deliverables that may require separate licensing by Client. DreamVolition is not liable for Client’s failure to secure or comply with such third-party licenses.

7.5 Portfolio and Marketing Rights. Unless otherwise agreed in writing or restricted by a specific confidentiality obligation, DreamVolition reserves the right to display and showcase completed projects and Deliverables (excluding Client’s pre-existing Confidential Information not publicly visible in the final product) in their respective portfolios, websites, marketing materials, case studies, and for professional recognition or award submissions. DreamVolition will honor any written request from the Client not to display specific work if such work is subject to a pre-existing written confidentiality agreement, embargo, or other legitimate restriction communicated to DreamVolition.

8. Confidentiality

8.1 Definition of Confidential Information. “Confidential Information” means all non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally, visually, in writing, or in any other media, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, but is not limited to, business plans, customer lists, financial information, technical data, trade secrets, know-how, designs, specifications, and the terms of this Agreement.

8.2 Obligations. The Receiving Party agrees to: (a) hold the Disclosing Party’s Confidential Information in strict confidence; (b) use the Confidential Information solely for the purpose of performing its obligations or exercising its rights under this Agreement; (c) not disclose such Confidential Information to any third party without the Disclosing Party’s prior written consent, except as expressly permitted herein; and (d) protect the Confidential Information with at least the same degree of care that it uses to protect its own confidential information of like importance, but in no event less than reasonable care.

8.3 Exceptions. The obligations under Section 8.2 will not apply to information that the Receiving Party can demonstrate: (a) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party, free of any obligation of confidentiality; (b) was or becomes generally available to the public other than through a breach of this Agreement by the Receiving Party; (c) was rightfully received by the Receiving Party from a third party without restriction and without breach of any confidentiality obligation; or (d) was independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information. Furthermore, the Receiving Party may disclose Confidential Information to the extent required by law, regulation, or court order, provided that the Receiving Party (i) provides the Disclosing Party with prompt written notice of such requirement (to the extent legally permissible) to enable the Disclosing Party to seek a protective order or other appropriate remedy, and (ii) discloses only that portion of the Confidential Information which it is legally required to disclose, and (iii) makes reasonable efforts to obtain confidential treatment for any Confidential Information so disclosed.

8.4 Survival. The obligations of confidentiality set forth in this Section 8 shall survive the termination or expiration of this Agreement for a period of two (2) years thereafter.

9. Acceptable Use and Prohibited Activities

9.1 Compliance with Laws and Policy. Client must use the Services in compliance with all applicable laws, regulations, and this Acceptable Use Policy.

9.2 Prohibited Uses and Activities. Client agrees not to, and not to permit any third party to, use the Services to engage in any of the following prohibited activities. This list is illustrative and non-exhaustive; engaging in activities that are illegal, harmful, or violate the rights of others, even if not explicitly listed, is prohibited. Prohibited activities include, but are not limited to: (a) Accessing, attempting to access, or using any systems, networks, data, or accounts without authorization, or breaching or attempting to breach any security or authentication measures; (b) Interfering with, disrupting, or creating an undue burden on the Services or any related systems, servers, or networks, or degrading the performance of the Services for other users; (c) Transmitting or distributing viruses, worms, Trojan horses, malware, spyware, or any other malicious or harmful code or programs; (d) Reverse engineering, decompiling, disassembling, or otherwise attempting to discover or derive the source code, object code, underlying structure, ideas, know-how, or algorithms of the Services or any part thereof, except as expressly permitted by applicable law; (e) Sending, distributing, or facilitating unsolicited mass email, promotions, advertising, or other communications (spam), or engaging in any other form of unsolicited solicitation; (f) Infringing, violating, or misappropriating the intellectual property rights, proprietary rights (including trade secrets), privacy rights, publicity rights, or any other rights of DreamVolition or any third party; (g) Engaging in any activity that is fraudulent, deceptive, false, misleading, abusive, harassing, defamatory, libelous, obscene, pornographic, threatening, violent, or otherwise illegal, harmful, or objectionable; (h) Violating any applicable local, state, national, or international laws, rules, or regulations, including but not limited to those related to data privacy, data security, and export control.

10. Suspension and Termination

10.1 Termination by Client. You may terminate this Agreement by canceling your subscription at any time through the Stripe Portal or by written notice to DreamVolition. Cancellation will be effective at the end of your current billing cycle. No refunds will be issued for any unused portion of the Services during that billing cycle.

10.2 Termination by DreamVolition. We reserve the right to suspend or terminate this Agreement and your access to the Services at any time, with or without notice, for any reason, including but not limited to your breach of this Agreement. If we terminate this Agreement for reasons other than your breach, we will refund any prepaid fees for the unused portion of the Services for the current billing cycle on a prorated basis.

10.3 Effects of Termination. Upon termination of this Agreement for any reason: (a) your right to access and use the Services will cease immediately; and (b) all outstanding obligations of either party, including your payment obligations for Services rendered up to the date of termination, will survive.

11. Disclaimers and Limitation of Liability. The Services are provided “as is” and “as available.” DreamVolition disclaims all warranties, express or implied, including those of merchantability, fitness for a particular purpose, and non-infringement. DreamVolition makes no warranty that the Services will be accurate, complete, secure, or available without interruption. Except for liability that cannot be limited by law, in no event will DreamVolition’s total liability, including for any indemnification obligations, exceed the amount paid by Client for the Services in the three (3) months immediately preceding the event giving rise to the claim. DreamVolition shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, even if advised of the possibility of such damages. If Client is required to indemnify DreamVolition, DreamVolition may assume control of the defense of such matter at Client’s expense, and Client agrees to cooperate with such defense.

12. Indemnification. Client agrees to indemnify, defend, and hold harmless DreamVolition, its affiliates, and their respective officers, directors, employees, and agents (collectively, the “DreamVolition Indemnitees”) from and against any and all third-party claims, demands, suits, actions, or proceedings (collectively, “Claims”), and all related costs, damages, losses, liabilities, settlements, and expenses (including reasonable attorneys’ fees) (collectively, “Losses”), arising out of or in connection with: (a) Client’s use or misuse of the Services; (b) Client’s breach of this Agreement; (c) Client’s violation of any applicable law, rule, or regulation; or (d) Client’s infringement, misappropriation, or violation of any third-party rights, including without limitation, any intellectual property rights or rights of privacy or publicity. Client shall, upon DreamVolition’s request, promptly assume and conduct the defense of any such Claim with counsel reasonably acceptable to DreamVolition. DreamVolition reserves the right, at Client’s expense, to participate in the defense of any Claim with counsel of its own choosing. Client shall not settle or compromise any Claim without DreamVolition’s prior written consent if such settlement or compromise imposes any monetary obligation or admission of liability on DreamVolition, or otherwise adversely affects DreamVolition’s rights or interests.

13. Governing Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. The parties shall attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement (each, a “Dispute”) through good faith informal negotiation. If the Dispute is not resolved through negotiation, the parties agree to submit the Dispute to mediation in Placer County, California. If mediation is unsuccessful, the Dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable rules, with such arbitration taking place in Placer County, California. For any legal action or proceeding not subject to arbitration, or to enforce an arbitration award, the parties irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Placer County, California. Each party waives any right to participate in a class action or class arbitration, and waives any right to a jury trial in connection with any dispute arising out of or relating to this Agreement.

14. Privacy and Data Protection. DreamVolition collects and uses personal data. For Customers, this includes information such as contact, payment, and project-related information, as necessary to provide and improve the Services, and is utilized for account management, payment processing, service delivery, and client communications. DreamVolition also collects personal data from other individuals (including website visitors and marketing contacts) through our website (e.g., via forms or cookie-based analytics) and marketing activities (e.g., signups). This data may include contact details and usage information, and is used for marketing, analytics, communication, and improving our offerings. By using the DreamVolition website, submitting information through its forms, or engaging with our marketing communications, individuals consent to the collection and use of their personal data as described in this Section. We do not sell personal data. We share personal data only as necessary to provide the Services, support our marketing and operational activities (e.g., with service providers acting on our behalf), or as required by law. All individuals whose personal data we process may request to access, correct, or delete their data, subject to applicable legal or operational retention requirements. The provisions of this Section 14 constitute DreamVolition’s privacy notice and govern its data protection practices.

15. Electronic Communications and Signatures. Client consents to receive all communications from DreamVolition electronically, including notices, agreements, disclosures, and other information related to the Services. Client agrees that all such electronic communications satisfy any legal requirement that communications be in writing and constitute valid and enforceable notice. Furthermore, Client acknowledges and agrees that electronic signatures used in connection with the Services are legally binding and have the same force and effect as handwritten signatures.

16. Miscellaneous

16.1 Severability

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

16.2 Assignment. Except as provided below, Client shall not assign or otherwise transfer this Agreement, in whole or in part, without the prior written consent of DreamVolition, and any attempted assignment or transfer by Client without such consent shall be void. However, Client may assign this Agreement without DreamVolition’s consent in connection with a merger, acquisition, or sale of all or substantially all of Client’s assets or business, provided that (a) Client provides DreamVolition with prompt written notice of such assignment, and (b) the assignee agrees in writing to be bound by all terms of this Agreement. DreamVolition may freely assign or transfer this Agreement without restriction.

16.3 Waiver

No waiver of any term or condition is a continuing waiver of such term or any other term. Failure to assert any right does not constitute a waiver.

16.4 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters (such as fires, floods, earthquakes, hurricanes), war, terrorism, riots, civil unrest, labor disputes (including strikes, lockouts, or slowdowns), governmental actions, orders, or restrictions, epidemics, pandemics, power outages, internet or telecommunication failures, or other unforeseen and unavoidable events or circumstances outside the affected party’s reasonable control (each, a “Force Majeure Event”). The party whose performance is affected by a Force Majeure Event shall promptly notify the other party in writing of the event and its expected duration and shall use commercially reasonable efforts to mitigate the effects of such event and to resume full performance as soon as reasonably practicable. This Section 16.4 does not excuse the Client's obligation to make payments for Services already rendered by DreamVolition prior to the Force Majeure Event.

16.5 Entire Agreement

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

16.6 Updates to Terms. DreamVolition reserves the right to update or modify these Terms of Service at any time. DreamVolition will provide notice of any material changes to the Client via email or through the Stripe Portal at least fourteen (14) days prior to the effective date of the updated Terms. If Client objects to any material change, Client must notify DreamVolition in writing before the effective date. If the parties cannot resolve the objection, Client may terminate the Agreement prior to the effective date of the updated Terms, and any prepaid fees for unused Services will be refunded on a prorated basis. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

16.7 Relationship of the Parties. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between DreamVolition LLC and the Client. Each party shall act solely as an independent contractor, and neither party shall have the authority to bind the other to any third party or otherwise act in any representative capacity on behalf of the other.

16.8 Survival. The following provisions shall survive any termination or expiration of this Agreement: Sections 6 (Fees, Billing, and Payment Terms), 7 (Intellectual Property), 8 (Confidentiality, for the period specified in Section 8.4), 11 (Disclaimers and Limitation of Liability), 12 (Indemnification), 13 (Governing Law and Dispute Resolution), and any other provisions which by their nature are intended to survive.

16.9 Notices. Notices under this Agreement must be in writing and sent by email to vytas@vytas.design or by mail to the address on the vytas.design website. Notices to Client will be sent to the email or address in the Stripe Portal. Email notice is effective on delivery (unless bounced); mail notice is effective three business days after sending.

16.10 Contact Information

For questions or concerns, contact DreamVolition at vytas@vytas.design or via the contact details on the vytas.design website.