Terms & Conditions Of Use:
This website, located at
https://presleyandpoppy.com (the “Website”), is owned and operated by Presley and Poppy Inc., an Illinois corporation with its principal business jurisdiction in DuPage County, Illinois (“Company,” “We,” “Us,” or “Our”).
These Terms & Conditions of Use (“Terms”) govern access to the Website and the purchase or use of Our products, digital materials, and services (collectively, the “Offerings”).
“You” and “Your” refer to any individual or business accessing the Website or purchasing or using an Offering.
By using the Website or affirmatively accepting these Terms during a purchase, You agree to be bound by these Terms to the extent permitted by applicable law. If You do not agree, You should discontinue use of the Website and refrain from purchasing Our Offerings.
1. GENERAL PROVISIONS & ACCEPTANCE OF TERMS
1.1 Eligibility
You must be at least eighteen (18) years old, or the age of legal majority in Your jurisdiction, to purchase Our Offerings or enter into a binding service agreement.
By purchasing an Offering, You represent that You have the legal capacity and authority to enter into the applicable agreement.
1.2 Scope of Agreement
These Terms apply to Our Website, digital products, website templates, creative prompts, downloadable workflows, educational resources, and related services.
Custom design and creative services may be governed by separately executed client agreements, proposals, invoices, or statements of work (collectively, “Service Agreements”).
Where a signed Service Agreement conflicts with these Terms, the signed Service Agreement shall control with respect to that engagement.
1.3 Changes to Terms
We reserve the right to revise these Terms to reflect changes in Our business operations, products, services, technology, or applicable laws.
Updated Terms will be posted on this Website with a revised effective date. Changes apply prospectively unless otherwise permitted by law.
Material changes will not retroactively alter existing contractual rights without legally sufficient notice or consent.
1.4 Corrections & Availability
We reserve the right to correct typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, availability, and other Website information.
We may modify or discontinue Offerings at Our discretion, subject to existing contractual obligations and applicable consumer rights.
2. PRODUCTS, SERVICES & PURCHASES
2.1 Creative & Design Services
Company provides professional creative and design services, including, but not limited to:
• Custom Showit website design and related services
• Website audits and consultations
• Creative direction and brand campaign development
• AI-assisted editorial, lifestyle, and product imagery
• Cinematic video production and social media content
• PDF prompt workflows
• Related digital creative services
Custom projects are subject to the scope, pricing, deliverables, timelines, revisions, and other conditions established in the applicable Service Agreement.
Company reserves the right to accept or decline prospective projects based on availability, project suitability, or other legitimate business considerations.
2.2 Digital Products
Company offers digital products that may include website templates, creative prompts, cinematic workflows, downloadable PDF guides, educational materials, and other digital resources (“Digital Products”).
Digital Products are delivered electronically through download links, email, checkout platforms, or other methods identified at purchase.
Unless expressly stated, no physical goods are shipped.
2.3 Product Descriptions & Requirements
You are responsible for reviewing product descriptions, included materials, compatibility requirements, and necessary third-party software before purchasing.
Digital Products do not include individualized consulting, custom creative work, ongoing technical support, or future updates unless expressly included in the product description.
2.4 Geographic Availability
Certain Offerings, including website templates and website audits sold through ThriveCart, may be restricted to customers in the United States and Canada.
Selected Digital Products sold through Paddle may be available internationally, subject to geographic restrictions, applicable laws, and payment-provider requirements.
We reserve the right to decline or restrict transactions in jurisdictions where an Offering cannot lawfully or reasonably be provided.
3. PAYMENT TERMS, INSTALLMENTS & REFUNDS
3.1 Pricing & Payment Authorization
Prices are stated in the applicable product listing, checkout, proposal, or Service Agreement.
By submitting payment information and completing a purchase, You authorize the applicable payment provider to process the transaction according to the disclosed price and payment terms.
Applicable taxes, processing charges, and currency conversion information will be disclosed or calculated as required by law and the applicable checkout provider.
3.2 Payment Plans & Retainer Agreements
Installment payment plans may be offered for qualifying products or services at Company's discretion. The total purchase price, installment amounts, and payment schedule will be specified in the applicable invoice or signed Service Agreement.
Installment plans represent a commitment to the agreed project price and are not cancellable monthly subscriptions. Unless otherwise required by law or expressly agreed in writing, cancellation of a project does not release Client from outstanding contractual payment obligations.
Retainer Services:
All ongoing retainer agreements require a minimum of thirty (30) days' written notice of cancellation. Client remains responsible for all fees and payment obligations incurred during the notice period, including any scheduled payments due before the cancellation becomes effective.
Additional retainer terms, including billing schedules and renewal conditions, are governed by the applicable signed Service Agreement.
3.3 Payment Methods & Processing Charges
Custom services may be paid through Stripe, ACH bank transfer, or another approved payment method.
Where permitted by applicable law and payment-network rules, qualifying credit card transactions may be subject to a processing surcharge, disclosed before payment and not exceeding the legally permitted amount.
Approved ACH payments may be available without an applicable credit card surcharge.
3.4 Failed Payments & Outstanding Balances
For custom creative and design services, all payment deadlines, late fees, and consequences of missed payments are outlined in the Client's signed Service Agreement.
3.5 Digital Product Refunds
Because Digital Products are electronically delivered and may be accessible immediately, purchases are generally final once access has been provided, except where required by applicable law or expressly stated at checkout.
Refunds are not ordinarily granted solely because of a change of mind, failure to use the product, unfamiliarity with required software, or dissatisfaction with creative results outside the product's stated specifications.
This policy does not limit statutory rights relating to defective products, misrepresentation, non-delivery, or mandatory cancellation rights.
3.6 Gumroad Purchases
Where Gumroad acts as merchant of record, Gumroad administers payment processing, applicable transaction taxes, and refund requests according to its applicable policies and legal obligations.
Refund eligibility for Gumroad transactions is subject to Gumroad's applicable policies and mandatory consumer protection laws.
Customers may review Gumroads's refund policy at Gumroad's Refund Policy.
3.7 Website Audits & Custom Services
Website audit fees are generally non-refundable once substantive work has commenced, except as required by law or expressly agreed in writing.
Cancellation, refunds, payment obligations, and termination of custom website design or brand campaign projects are governed by the applicable signed Service Agreement.
3.8 Payment Disputes
If You believe a charge is incorrect, We encourage You to contact Us or the applicable payment provider promptly.
Nothing in these Terms restricts Your lawful right to dispute unauthorized charges, billing errors, undelivered products, or other transactions protected by applicable law.
4. DIGITAL PRODUCT LICENSING & PERMITTED USE
4.1 General License
Unless expressly stated otherwise, purchasing a Digital Product grants You a limited, non-exclusive, non-transferable license to use the purchased materials according to their intended purpose and any applicable product-specific terms.
Purchase of a Digital Product does not transfer ownership of Company's underlying intellectual property.
4.2 Website Template License
Each website template purchase grants a license for use on one (1) website domain.
You may customize a purchased template for Your own business or one authorized client project, provided the template is deployed on only one website domain.
An additional license is required for each additional domain.
You may not sell, sublicense, redistribute, or offer the original or modified template as a standalone website template or competing digital product.
You may provide the customized website to an authorized end client, but the underlying template remains subject to the original licensing restrictions.
4.3 Creative Prompts, Workflows & Educational Materials
Purchased prompts, PDF workflows, and educational resources may be used to create original personal or commercial content.
Permitted uses may include creating brand imagery, promotional videos, advertising materials, social media content, and other creative projects.
You may not:
• Resell, redistribute, or publicly share the purchased prompts, workflows, guides, or source materials
• Repackage or market Our proprietary instructions as Your own digital products
• Publish substantial portions of Our proprietary written materials
• Upload purchased materials to public prompt libraries or unauthorized shared repositories
•Provide unauthorized access to purchased files
• Create substantially copied competing instructional products using Our protected materials
Commercial use of content You independently create using Our workflows is permitted, subject to applicable third-party rights, software licenses, and platform policies.
4.4 License Restrictions & Enforcement
All rights not expressly granted remain reserved by Company or the applicable intellectual property owner.
Material violations of a Digital Product license may result in suspension or termination of the affected license, following any notice or cure requirements imposed by applicable law.
Company reserves the right to pursue available legal remedies for unauthorized reproduction, redistribution, or commercial exploitation of its protected materials.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Ownership of Website Content
Unless otherwise stated, the Website and its original text, graphics, designs, educational resources, templates, written workflows, creative materials, and other proprietary content are owned by or licensed to Presley and Poppy Inc.
These materials may be protected by applicable copyright, trademark, trade secret, and other intellectual property laws, regardless of whether formal registration has been obtained.
All rights not expressly granted are reserved by Company.
5.2 Restrictions on Unauthorized Use
You may not reproduce, distribute, publish, sell, sublicense, or commercially exploit Our protected intellectual property without authorization or an applicable license.
Providing attribution or a link to Our Website does not independently authorize reproduction or commercial use of protected materials.
5.3 Custom Creative Deliverables
Ownership and licensing of custom website designs, brand imagery, videos, and other commissioned Deliverables are governed by the applicable signed Service Agreement.
Where expressly provided, Company may assign transferable rights in approved final Deliverables following full payment.
Such assignments do not include Company's proprietary prompts, workflows, production methods, internal project files, or third-party rights that Company does not own.
5.4 Resale & Proprietary Production Restrictions
Clients may be subject to contractual restrictions prohibiting resale of final creative Deliverables as standalone stock imagery, stock footage, templates, or competing digital products.
Company retains rights in its protected proprietary production systems and confidential creative methods.
Any restrictions on exclusive AI models or specialized creative assets must be expressly established in the applicable Service Agreement.
6. CLIENT MATERIALS, COPYRIGHTS & LICENSING
6.1 Client-Provided Materials
By submitting photographs, logos, trademarks, fonts, video footage, music, artwork, likenesses, or other materials for use in Our services, You represent that You own or have obtained the necessary rights and permissions for their intended use.
You grant Company a limited license to use those materials as reasonably necessary to perform the requested services.
Ownership of Client-provided materials remains with Client or the applicable rights holder.
6.2 Copyright & Trademark Responsibility
Clients are responsible for obtaining necessary third-party copyright permissions, trademark authorizations, publicity releases, and other legal clearances relating to materials they supply or specifically direct Company to use.
Unless expressly included in the Service Agreement, Company does not provide copyright clearance, trademark searches, or intellectual property legal opinions.
6.3 Font Licensing
Clients are responsible for obtaining and maintaining appropriate font licenses for their intended use, including website, desktop, commercial, advertising, or other required licenses.
Company does not guarantee that a particular font license covers every intended use.
6.4 Music, Audio & Video Assets
Music, sound effects, voiceovers, footage, and other third-party assets may be subject to separate licensing requirements.
Clients are responsible for ensuring their intended distribution and advertising use is properly authorized.
Any third-party assets supplied by Company remain subject to applicable license terms, which will be disclosed where known and relevant.
6.5 Legal Review
Clients are responsible for obtaining independent legal review when necessary to determine whether their intended use of creative Deliverables complies with intellectual property, advertising, consumer protection, or other applicable laws.
Nothing in this Section excludes Company's own liability for unlawful conduct or obligations that cannot legally be disclaimed.
7. CREATIVE SERVICES, DELIVERABLES & COMMERCIAL USAGE
7.1 Creative Production
Our services may involve AI-assisted image generation, creative prompting, video generation, animation, editing, and other professional production methods.
Clients acknowledge that generative technology may produce visual inconsistencies and that exact replication of references, models, or movement cannot be guaranteed.
7.2 Project Scope & Revisions
The applicable Service Agreement governs Deliverables, production timelines, revisions, approvals, additional fees, and cancellation obligations.
Requests outside the agreed scope may require a separate fee or written amendment.
7.3 Commercial & Advertising Use
Clients may use final Deliverables commercially to the extent authorized by the applicable Service Agreement.
Any additional advertising license fees, duration restrictions, or usage limitations must be expressly identified in that agreement.
7.4 Advertising Compliance
Clients are responsible for ensuring their publication, distribution, and advertising use complies with applicable laws and current third-party platform policies, including those of Meta, Instagram, Facebook, TikTok, Google, and YouTube.
Company does not provide ongoing advertising compliance monitoring or guarantee ad approval, advertising performance, conversions, or continued platform eligibility.
Changes to advertising policies after delivery are the Client's responsibility unless ongoing compliance services are separately contracted.
7.5 Exclusive Model Arrangements
Where a project includes an expressly agreed exclusive model arrangement, exclusivity is limited to the scope, duration, and conditions stated in the Service Agreement.
Company does not guarantee that third parties cannot independently create similar AI-generated appearances or characters.
7.6 Portfolio Rights & Confidentiality
Company may display completed client work in its portfolio, Website, social media, presentations, case studies, and promotional materials as authorized by the applicable Service Agreement.
Written nondisclosure agreements, confidentiality obligations, and agreed publication embargoes will be honored.
8. THIRD-PARTY PLATFORMS & PAYMENT PROCESSING
8.1 Stripe & ACH
Stripe and approved banking providers may process payments for custom creative and design services.
Transactions are subject to the applicable provider's payment and security terms.
8.2 ThriveCart
ThriveCart may provide checkout functionality for website templates, website audits, and selected other Offerings.
Unless otherwise disclosed, Presley and Poppy Inc. remains the seller for transactions processed through ThriveCart and is responsible for applicable seller obligations.
8.3 Gumroad
Selected international Digital Product transactions may be processed through Gumroad acting as merchant of record.
Where applicable, Gumroad is responsible for its merchant-of-record functions, including payment processing, applicable transaction tax administration, and refund processing.
The applicable merchant will be identified through the checkout or transaction documentation.
8.4 Third-Party Software
Our Offerings may require or interact with Showit, WordPress, AI creative platforms, video production applications, hosting services, and other third-party software.
Unless expressly included, third-party subscriptions, software licenses, usage credits, hosting fees, and related expenses are the customer's responsibility.
We are not responsible for independent changes to third-party pricing, features, availability, policies, or functionality.
8.5 Affiliate Relationships
Our Website and communications may contain affiliate links.
We may earn a commission from qualifying purchases made through such links, without additional cost to You.
Third-party purchases are governed by the respective provider's terms and policies.
9. PRIVACY, SECURITY & ELECTRONIC COMMUNICATIONS
9.1 Privacy Policy
Our collection, use, disclosure, and retention of personal information are described in Our separate Privacy Policy.
Please review that policy for information concerning Your personal data and applicable privacy rights.
9.2 Payment Security
Payments are processed through applicable third-party payment providers.
We do not intentionally store complete payment card numbers on Our Website servers.
Although reasonable safeguards are used, no electronic system or internet transmission can be guaranteed completely secure.
9.3 Email Marketing
We use MailerLite and other service providers for newsletters, product announcements, promotional communications, and related email services.
Marketing communications will be sent in accordance with applicable consent requirements.
Where required, promotional email enrollment will be based on a separate affirmative opt-in.
You may unsubscribe from promotional emails through the unsubscribe link included in those messages.
Transactional communications, including receipts, delivery notices, and essential service messages, may continue as necessary to fulfill purchases or contractual obligations.
9.4 Electronic Communications & Signatures
By communicating with Us electronically or completing an online purchase, You consent to receive legally permitted electronic records, notices, and transactional communications.
Electronic signatures, agreements, and records may be used where authorized by applicable law.
Nothing in this provision waives rights or formalities that cannot legally be waived.
10. USER SUBMISSIONS & WEBSITE CONDUCT
10.1 User Communications
You may communicate with Company through contact forms, email, comments, inquiries, or other Website features.
You represent that submitted materials do not unlawfully infringe third-party rights or violate applicable laws.
10.2 License to Submitted Materials
You grant Company a limited, non-exclusive license to access and use submitted materials as reasonably necessary to respond to inquiries, administer purchases, perform contracted services, or otherwise fulfill the purpose for which the materials were submitted.
This provision does not transfer ownership of Your submitted materials.
10.3 Prohibited Conduct
You agree not to:
• Use the Website for unlawful or fraudulent purposes
• Interfere with Website security or functionality
• Attempt unauthorized access to systems or accounts
• Distribute malicious software or harmful code
• Submit unlawful, infringing, threatening, or abusive materials
• Misuse or redistribute Our protected intellectual property
10.4 Confidential Information
Nonpublic client and Company information shall be handled in accordance with applicable confidentiality agreements and legal obligations.
Communications are not automatically subject to attorney-client privilege merely because they are submitted through Our Website.
11. DISCLAIMERS & LIMITATION OF LIABILITY
11.1 Website & Digital Product Disclaimer
To the fullest extent permitted by law, the Website and Digital Products are provided on an “as available” basis, subject to any express warranties and mandatory consumer rights.
We do not guarantee uninterrupted Website access, error-free software compatibility, or continued availability of third-party platforms.
11.2 Educational & Creative Results
Our educational materials, creative workflows, blog content, and examples are provided for informational and creative purposes.
We do not guarantee specific financial, marketing, business, advertising, website traffic, or search engine results.
Results obtained through generative technology may vary.
11.3 No Professional Legal or Tax Advice
Our Website and Offerings do not constitute legal, accounting, tax, or other regulated professional advice.
You should consult qualified professionals when such advice is required.
11.4 Limitation of Liability
To the fullest extent permitted by applicable law, Company shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, or lost business opportunities.
For claims arising from a Digital Product purchase, Company's aggregate liability shall not exceed the amount paid to Company for the product giving rise to the claim, except where applicable law requires otherwise.
For custom services, the limitation of liability in the applicable signed Service Agreement shall govern.
11.5 Mandatory Rights
Nothing in these Terms excludes or limits liability, warranties, remedies, or consumer rights that cannot legally be excluded or limited.
12. INDEMNIFICATION
To the fullest extent permitted by applicable law, You agree to defend, indemnify, and hold harmless Presley and Poppy Inc., its officers, employees, contractors, and authorized representatives from qualifying third-party claims, damages, liabilities, and reasonable legal expenses arising from:
a. Your material breach of these Terms;
b. Your unlawful use of the Website, products, or services;
c. Materials You provide without necessary rights or permissions;
d. Your unauthorized reproduction, resale, or distribution of protected materials; or
e. Your infringement of third-party rights through Your own conduct.
This obligation does not extend to the extent a claim arises from Company's own unlawful conduct, material breach, or liability that cannot legally be shifted.
13. TERMINATION & ENFORCEMENT
13.1 Suspension or Termination
Company may suspend or terminate access to the Website, Digital Products, or services where reasonably necessary due to fraud, unlawful activity, material breach of these Terms, or unauthorized use of intellectual property.
Where appropriate and legally required, notice and an opportunity to cure will be provided.
13.2 Effect of Termination
Termination does not eliminate valid accrued payment obligations, continuing confidentiality obligations, intellectual property restrictions, or other provisions intended to survive termination.
Any mandatory refund, cancellation, or consumer rights remain unaffected.
13.3 Available Remedies
Company reserves the right to pursue lawful remedies for material contractual violations or infringement of its protected intellectual property, including monetary damages or injunctive relief where justified.
14. GOVERNING LAW & GENERAL LEGAL PROVISIONS
14.1 Governing Law
These Terms are governed by the laws of the State of Illinois, United States, without regard to conflict-of-law principles.
14.2 Jurisdiction & Venue
Subject to mandatory consumer protection laws and applicable jurisdictional requirements, disputes arising from these Terms shall be brought before courts of competent jurisdiction serving DuPage County, Illinois, or the appropriate federal court serving that location.
Nothing in this provision overrides mandatory legal rights available to consumers in their jurisdiction.
14.3 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.
14.4 Entire Agreement
These Terms, together with applicable product-specific checkout disclosures and expressly incorporated purchase conditions, constitute the agreement governing Website use and applicable Digital Product purchases.
Separately executed Service Agreements govern the custom services to which they relate and control in the event of a direct conflict.
The Privacy Policy separately governs the processing of personal information.
14.5 No Waiver
Failure by Company to enforce a provision shall not constitute a waiver of its right to enforce that provision in the future.
14.6 Assignment
You may not transfer Your rights or obligations under these Terms without Company's prior written consent, except where such restriction is prohibited by applicable law.
Company may assign its rights and obligations in connection with a lawful business transfer, merger, or reorganization, subject to applicable law and existing contractual obligations.
14.7 Contact Information
For questions regarding these Terms & Conditions, please contact:
Presley and Poppy Inc.
DuPage County, Illinois, United States
Website: https://presleyandpoppy.com
Email: support@presleyandpoppy.com
© 2026 Presley and Poppy Inc. All Rights Reserved.
https://presleyandpoppy.com (the “Website”), is owned and operated by Presley and Poppy Inc., an Illinois corporation with its principal business jurisdiction in DuPage County, Illinois (“Company,” “We,” “Us,” or “Our”).
These Terms & Conditions of Use (“Terms”) govern access to the Website and the purchase or use of Our products, digital materials, and services (collectively, the “Offerings”).
“You” and “Your” refer to any individual or business accessing the Website or purchasing or using an Offering.
By using the Website or affirmatively accepting these Terms during a purchase, You agree to be bound by these Terms to the extent permitted by applicable law. If You do not agree, You should discontinue use of the Website and refrain from purchasing Our Offerings.
1. GENERAL PROVISIONS & ACCEPTANCE OF TERMS
1.1 Eligibility
You must be at least eighteen (18) years old, or the age of legal majority in Your jurisdiction, to purchase Our Offerings or enter into a binding service agreement.
By purchasing an Offering, You represent that You have the legal capacity and authority to enter into the applicable agreement.
1.2 Scope of Agreement
These Terms apply to Our Website, digital products, website templates, creative prompts, downloadable workflows, educational resources, and related services.
Custom design and creative services may be governed by separately executed client agreements, proposals, invoices, or statements of work (collectively, “Service Agreements”).
Where a signed Service Agreement conflicts with these Terms, the signed Service Agreement shall control with respect to that engagement.
1.3 Changes to Terms
We reserve the right to revise these Terms to reflect changes in Our business operations, products, services, technology, or applicable laws.
Updated Terms will be posted on this Website with a revised effective date. Changes apply prospectively unless otherwise permitted by law.
Material changes will not retroactively alter existing contractual rights without legally sufficient notice or consent.
1.4 Corrections & Availability
We reserve the right to correct typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, availability, and other Website information.
We may modify or discontinue Offerings at Our discretion, subject to existing contractual obligations and applicable consumer rights.
2. PRODUCTS, SERVICES & PURCHASES
2.1 Creative & Design Services
Company provides professional creative and design services, including, but not limited to:
• Custom Showit website design and related services
• Website audits and consultations
• Creative direction and brand campaign development
• AI-assisted editorial, lifestyle, and product imagery
• Cinematic video production and social media content
• PDF prompt workflows
• Related digital creative services
Custom projects are subject to the scope, pricing, deliverables, timelines, revisions, and other conditions established in the applicable Service Agreement.
Company reserves the right to accept or decline prospective projects based on availability, project suitability, or other legitimate business considerations.
Company offers digital products that may include website templates, creative prompts, cinematic workflows, downloadable PDF guides, educational materials, and other digital resources (“Digital Products”).
Digital Products are delivered electronically through download links, email, checkout platforms, or other methods identified at purchase.
Unless expressly stated, no physical goods are shipped.
2.3 Product Descriptions & Requirements
You are responsible for reviewing product descriptions, included materials, compatibility requirements, and necessary third-party software before purchasing.
Digital Products do not include individualized consulting, custom creative work, ongoing technical support, or future updates unless expressly included in the product description.
2.4 Geographic Availability
Certain Offerings, including website templates and website audits sold through ThriveCart, may be restricted to customers in the United States and Canada.
Selected Digital Products sold through Paddle may be available internationally, subject to geographic restrictions, applicable laws, and payment-provider requirements.
We reserve the right to decline or restrict transactions in jurisdictions where an Offering cannot lawfully or reasonably be provided.
3. PAYMENT TERMS, INSTALLMENTS & REFUNDS
3.1 Pricing & Payment Authorization
Prices are stated in the applicable product listing, checkout, proposal, or Service Agreement.
By submitting payment information and completing a purchase, You authorize the applicable payment provider to process the transaction according to the disclosed price and payment terms.
Applicable taxes, processing charges, and currency conversion information will be disclosed or calculated as required by law and the applicable checkout provider.
3.2 Payment Plans & Retainer Agreements
Installment payment plans may be offered for qualifying products or services at Company's discretion. The total purchase price, installment amounts, and payment schedule will be specified in the applicable invoice or signed Service Agreement.
Installment plans represent a commitment to the agreed project price and are not cancellable monthly subscriptions. Unless otherwise required by law or expressly agreed in writing, cancellation of a project does not release Client from outstanding contractual payment obligations.
Retainer Services:
All ongoing retainer agreements require a minimum of thirty (30) days' written notice of cancellation. Client remains responsible for all fees and payment obligations incurred during the notice period, including any scheduled payments due before the cancellation becomes effective.
Additional retainer terms, including billing schedules and renewal conditions, are governed by the applicable signed Service Agreement.
3.3 Payment Methods & Processing Charges
Custom services may be paid through Stripe, ACH bank transfer, or another approved payment method.
Where permitted by applicable law and payment-network rules, qualifying credit card transactions may be subject to a processing surcharge, disclosed before payment and not exceeding the legally permitted amount.
Approved ACH payments may be available without an applicable credit card surcharge.
3.4 Failed Payments & Outstanding Balances
For custom creative and design services, all payment deadlines, late fees, and consequences of missed payments are outlined in the Client's signed Service Agreement.
3.5 Digital Product Refunds
Because Digital Products are electronically delivered and may be accessible immediately, purchases are generally final once access has been provided, except where required by applicable law or expressly stated at checkout.
Refunds are not ordinarily granted solely because of a change of mind, failure to use the product, unfamiliarity with required software, or dissatisfaction with creative results outside the product's stated specifications.
This policy does not limit statutory rights relating to defective products, misrepresentation, non-delivery, or mandatory cancellation rights.
3.6 Gumroad Purchases
Where Gumroad acts as merchant of record, Gumroad administers payment processing, applicable transaction taxes, and refund requests according to its applicable policies and legal obligations.
Refund eligibility for Gumroad transactions is subject to Gumroad's applicable policies and mandatory consumer protection laws.
Customers may review Gumroads's refund policy at Gumroad's Refund Policy.
3.7 Website Audits & Custom Services
Website audit fees are generally non-refundable once substantive work has commenced, except as required by law or expressly agreed in writing.
Cancellation, refunds, payment obligations, and termination of custom website design or brand campaign projects are governed by the applicable signed Service Agreement.
3.8 Payment Disputes
If You believe a charge is incorrect, We encourage You to contact Us or the applicable payment provider promptly.
Nothing in these Terms restricts Your lawful right to dispute unauthorized charges, billing errors, undelivered products, or other transactions protected by applicable law.
4. DIGITAL PRODUCT LICENSING & PERMITTED USE
4.1 General License
Unless expressly stated otherwise, purchasing a Digital Product grants You a limited, non-exclusive, non-transferable license to use the purchased materials according to their intended purpose and any applicable product-specific terms.
Purchase of a Digital Product does not transfer ownership of Company's underlying intellectual property.
4.2 Website Template License
Each website template purchase grants a license for use on one (1) website domain.
You may customize a purchased template for Your own business or one authorized client project, provided the template is deployed on only one website domain.
An additional license is required for each additional domain.
You may not sell, sublicense, redistribute, or offer the original or modified template as a standalone website template or competing digital product.
You may provide the customized website to an authorized end client, but the underlying template remains subject to the original licensing restrictions.
4.3 Creative Prompts, Workflows & Educational Materials
Purchased prompts, PDF workflows, and educational resources may be used to create original personal or commercial content.
Permitted uses may include creating brand imagery, promotional videos, advertising materials, social media content, and other creative projects.
You may not:
• Resell, redistribute, or publicly share the purchased prompts, workflows, guides, or source materials
• Repackage or market Our proprietary instructions as Your own digital products
• Publish substantial portions of Our proprietary written materials
• Upload purchased materials to public prompt libraries or unauthorized shared repositories
•Provide unauthorized access to purchased files
• Create substantially copied competing instructional products using Our protected materials
Commercial use of content You independently create using Our workflows is permitted, subject to applicable third-party rights, software licenses, and platform policies.
4.4 License Restrictions & Enforcement
All rights not expressly granted remain reserved by Company or the applicable intellectual property owner.
Material violations of a Digital Product license may result in suspension or termination of the affected license, following any notice or cure requirements imposed by applicable law.
Company reserves the right to pursue available legal remedies for unauthorized reproduction, redistribution, or commercial exploitation of its protected materials.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Ownership of Website Content
Unless otherwise stated, the Website and its original text, graphics, designs, educational resources, templates, written workflows, creative materials, and other proprietary content are owned by or licensed to Presley and Poppy Inc.
These materials may be protected by applicable copyright, trademark, trade secret, and other intellectual property laws, regardless of whether formal registration has been obtained.
All rights not expressly granted are reserved by Company.
5.2 Restrictions on Unauthorized Use
You may not reproduce, distribute, publish, sell, sublicense, or commercially exploit Our protected intellectual property without authorization or an applicable license.
Providing attribution or a link to Our Website does not independently authorize reproduction or commercial use of protected materials.
5.3 Custom Creative Deliverables
Ownership and licensing of custom website designs, brand imagery, videos, and other commissioned Deliverables are governed by the applicable signed Service Agreement.
Where expressly provided, Company may assign transferable rights in approved final Deliverables following full payment.
Such assignments do not include Company's proprietary prompts, workflows, production methods, internal project files, or third-party rights that Company does not own.
5.4 Resale & Proprietary Production Restrictions
Clients may be subject to contractual restrictions prohibiting resale of final creative Deliverables as standalone stock imagery, stock footage, templates, or competing digital products.
Company retains rights in its protected proprietary production systems and confidential creative methods.
Any restrictions on exclusive AI models or specialized creative assets must be expressly established in the applicable Service Agreement.
6. CLIENT MATERIALS, COPYRIGHTS & LICENSING
6.1 Client-Provided Materials
By submitting photographs, logos, trademarks, fonts, video footage, music, artwork, likenesses, or other materials for use in Our services, You represent that You own or have obtained the necessary rights and permissions for their intended use.
You grant Company a limited license to use those materials as reasonably necessary to perform the requested services.
Ownership of Client-provided materials remains with Client or the applicable rights holder.
6.2 Copyright & Trademark Responsibility
Clients are responsible for obtaining necessary third-party copyright permissions, trademark authorizations, publicity releases, and other legal clearances relating to materials they supply or specifically direct Company to use.
Unless expressly included in the Service Agreement, Company does not provide copyright clearance, trademark searches, or intellectual property legal opinions.
6.3 Font Licensing
Clients are responsible for obtaining and maintaining appropriate font licenses for their intended use, including website, desktop, commercial, advertising, or other required licenses.
Company does not guarantee that a particular font license covers every intended use.
6.4 Music, Audio & Video Assets
Music, sound effects, voiceovers, footage, and other third-party assets may be subject to separate licensing requirements.
Clients are responsible for ensuring their intended distribution and advertising use is properly authorized.
Any third-party assets supplied by Company remain subject to applicable license terms, which will be disclosed where known and relevant.
6.5 Legal Review
Clients are responsible for obtaining independent legal review when necessary to determine whether their intended use of creative Deliverables complies with intellectual property, advertising, consumer protection, or other applicable laws.
Nothing in this Section excludes Company's own liability for unlawful conduct or obligations that cannot legally be disclaimed.
7. CREATIVE SERVICES, DELIVERABLES & COMMERCIAL USAGE
7.1 Creative Production
Our services may involve AI-assisted image generation, creative prompting, video generation, animation, editing, and other professional production methods.
Clients acknowledge that generative technology may produce visual inconsistencies and that exact replication of references, models, or movement cannot be guaranteed.
7.2 Project Scope & Revisions
The applicable Service Agreement governs Deliverables, production timelines, revisions, approvals, additional fees, and cancellation obligations.
Requests outside the agreed scope may require a separate fee or written amendment.
7.3 Commercial & Advertising Use
Clients may use final Deliverables commercially to the extent authorized by the applicable Service Agreement.
Any additional advertising license fees, duration restrictions, or usage limitations must be expressly identified in that agreement.
7.4 Advertising Compliance
Clients are responsible for ensuring their publication, distribution, and advertising use complies with applicable laws and current third-party platform policies, including those of Meta, Instagram, Facebook, TikTok, Google, and YouTube.
Company does not provide ongoing advertising compliance monitoring or guarantee ad approval, advertising performance, conversions, or continued platform eligibility.
Changes to advertising policies after delivery are the Client's responsibility unless ongoing compliance services are separately contracted.
7.5 Exclusive Model Arrangements
Where a project includes an expressly agreed exclusive model arrangement, exclusivity is limited to the scope, duration, and conditions stated in the Service Agreement.
Company does not guarantee that third parties cannot independently create similar AI-generated appearances or characters.
7.6 Portfolio Rights & Confidentiality
Company may display completed client work in its portfolio, Website, social media, presentations, case studies, and promotional materials as authorized by the applicable Service Agreement.
Written nondisclosure agreements, confidentiality obligations, and agreed publication embargoes will be honored.
8. THIRD-PARTY PLATFORMS & PAYMENT PROCESSING
8.1 Stripe & ACH
Stripe and approved banking providers may process payments for custom creative and design services.
Transactions are subject to the applicable provider's payment and security terms.
8.2 ThriveCart
ThriveCart may provide checkout functionality for website templates, website audits, and selected other Offerings.
Unless otherwise disclosed, Presley and Poppy Inc. remains the seller for transactions processed through ThriveCart and is responsible for applicable seller obligations.
8.3 Gumroad
Selected international Digital Product transactions may be processed through Gumroad acting as merchant of record.
Where applicable, Gumroad is responsible for its merchant-of-record functions, including payment processing, applicable transaction tax administration, and refund processing.
The applicable merchant will be identified through the checkout or transaction documentation.
8.4 Third-Party Software
Our Offerings may require or interact with Showit, WordPress, AI creative platforms, video production applications, hosting services, and other third-party software.
Unless expressly included, third-party subscriptions, software licenses, usage credits, hosting fees, and related expenses are the customer's responsibility.
We are not responsible for independent changes to third-party pricing, features, availability, policies, or functionality.
8.5 Affiliate Relationships
Our Website and communications may contain affiliate links.
We may earn a commission from qualifying purchases made through such links, without additional cost to You.
Third-party purchases are governed by the respective provider's terms and policies.
9. PRIVACY, SECURITY & ELECTRONIC COMMUNICATIONS
9.1 Privacy Policy
Our collection, use, disclosure, and retention of personal information are described in Our separate Privacy Policy.
Please review that policy for information concerning Your personal data and applicable privacy rights.
9.2 Payment Security
Payments are processed through applicable third-party payment providers.
We do not intentionally store complete payment card numbers on Our Website servers.
Although reasonable safeguards are used, no electronic system or internet transmission can be guaranteed completely secure.
9.3 Email Marketing
We use MailerLite and other service providers for newsletters, product announcements, promotional communications, and related email services.
Marketing communications will be sent in accordance with applicable consent requirements.
Where required, promotional email enrollment will be based on a separate affirmative opt-in.
You may unsubscribe from promotional emails through the unsubscribe link included in those messages.
Transactional communications, including receipts, delivery notices, and essential service messages, may continue as necessary to fulfill purchases or contractual obligations.
9.4 Electronic Communications & Signatures
By communicating with Us electronically or completing an online purchase, You consent to receive legally permitted electronic records, notices, and transactional communications.
Electronic signatures, agreements, and records may be used where authorized by applicable law.
Nothing in this provision waives rights or formalities that cannot legally be waived.
10. USER SUBMISSIONS & WEBSITE CONDUCT
10.1 User Communications
You may communicate with Company through contact forms, email, comments, inquiries, or other Website features.
You represent that submitted materials do not unlawfully infringe third-party rights or violate applicable laws.
10.2 License to Submitted Materials
You grant Company a limited, non-exclusive license to access and use submitted materials as reasonably necessary to respond to inquiries, administer purchases, perform contracted services, or otherwise fulfill the purpose for which the materials were submitted.
This provision does not transfer ownership of Your submitted materials.
10.3 Prohibited Conduct
You agree not to:
• Use the Website for unlawful or fraudulent purposes
• Interfere with Website security or functionality
• Attempt unauthorized access to systems or accounts
• Distribute malicious software or harmful code
• Submit unlawful, infringing, threatening, or abusive materials
• Misuse or redistribute Our protected intellectual property
10.4 Confidential Information
Nonpublic client and Company information shall be handled in accordance with applicable confidentiality agreements and legal obligations.
Communications are not automatically subject to attorney-client privilege merely because they are submitted through Our Website.
11. DISCLAIMERS & LIMITATION OF LIABILITY
11.1 Website & Digital Product Disclaimer
To the fullest extent permitted by law, the Website and Digital Products are provided on an “as available” basis, subject to any express warranties and mandatory consumer rights.
We do not guarantee uninterrupted Website access, error-free software compatibility, or continued availability of third-party platforms.
11.2 Educational & Creative Results
Our educational materials, creative workflows, blog content, and examples are provided for informational and creative purposes.
We do not guarantee specific financial, marketing, business, advertising, website traffic, or search engine results.
Results obtained through generative technology may vary.
11.3 No Professional Legal or Tax Advice
Our Website and Offerings do not constitute legal, accounting, tax, or other regulated professional advice.
You should consult qualified professionals when such advice is required.
11.4 Limitation of Liability
To the fullest extent permitted by applicable law, Company shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, or lost business opportunities.
For claims arising from a Digital Product purchase, Company's aggregate liability shall not exceed the amount paid to Company for the product giving rise to the claim, except where applicable law requires otherwise.
For custom services, the limitation of liability in the applicable signed Service Agreement shall govern.
11.5 Mandatory Rights
Nothing in these Terms excludes or limits liability, warranties, remedies, or consumer rights that cannot legally be excluded or limited.
12. INDEMNIFICATION
To the fullest extent permitted by applicable law, You agree to defend, indemnify, and hold harmless Presley and Poppy Inc., its officers, employees, contractors, and authorized representatives from qualifying third-party claims, damages, liabilities, and reasonable legal expenses arising from:
a. Your material breach of these Terms;
b. Your unlawful use of the Website, products, or services;
c. Materials You provide without necessary rights or permissions;
d. Your unauthorized reproduction, resale, or distribution of protected materials; or
e. Your infringement of third-party rights through Your own conduct.
This obligation does not extend to the extent a claim arises from Company's own unlawful conduct, material breach, or liability that cannot legally be shifted.
13. TERMINATION & ENFORCEMENT
13.1 Suspension or Termination
Company may suspend or terminate access to the Website, Digital Products, or services where reasonably necessary due to fraud, unlawful activity, material breach of these Terms, or unauthorized use of intellectual property.
Where appropriate and legally required, notice and an opportunity to cure will be provided.
13.2 Effect of Termination
Termination does not eliminate valid accrued payment obligations, continuing confidentiality obligations, intellectual property restrictions, or other provisions intended to survive termination.
Any mandatory refund, cancellation, or consumer rights remain unaffected.
13.3 Available Remedies
Company reserves the right to pursue lawful remedies for material contractual violations or infringement of its protected intellectual property, including monetary damages or injunctive relief where justified.
14. GOVERNING LAW & GENERAL LEGAL PROVISIONS
14.1 Governing Law
These Terms are governed by the laws of the State of Illinois, United States, without regard to conflict-of-law principles.
14.2 Jurisdiction & Venue
Subject to mandatory consumer protection laws and applicable jurisdictional requirements, disputes arising from these Terms shall be brought before courts of competent jurisdiction serving DuPage County, Illinois, or the appropriate federal court serving that location.
Nothing in this provision overrides mandatory legal rights available to consumers in their jurisdiction.
14.3 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.
14.4 Entire Agreement
These Terms, together with applicable product-specific checkout disclosures and expressly incorporated purchase conditions, constitute the agreement governing Website use and applicable Digital Product purchases.
Separately executed Service Agreements govern the custom services to which they relate and control in the event of a direct conflict.
The Privacy Policy separately governs the processing of personal information.
14.5 No Waiver
Failure by Company to enforce a provision shall not constitute a waiver of its right to enforce that provision in the future.
14.6 Assignment
You may not transfer Your rights or obligations under these Terms without Company's prior written consent, except where such restriction is prohibited by applicable law.
Company may assign its rights and obligations in connection with a lawful business transfer, merger, or reorganization, subject to applicable law and existing contractual obligations.
14.7 Contact Information
For questions regarding these Terms & Conditions, please contact:
Presley and Poppy Inc.
DuPage County, Illinois, United States
Website: https://presleyandpoppy.com
Email: support@presleyandpoppy.com
© 2026 Presley and Poppy Inc. All Rights Reserved.