Terms

Published on June 9, 2025.

  1. Introduction

Welcome to Dunko Studio. These Terms of Service ("Terms") govern your access to and use of our website, applications, digital products, and services.

By accessing or using our website, applications, or services, you agree to be bound by these Terms.

  1. Services

Dunko Studio provides design, development, consulting, maintenance, and related digital services. Our services may include client work, websites, web applications, mobile applications, software products, digital tools, and other related offerings.

The scope, deliverables, pricing, timelines, and support terms for any paid service may be described on our website, in a proposal, invoice, order form, product page, app listing, or separate written agreement.

Unless otherwise expressly stated in writing, any ongoing support, maintenance, updates, or additional feature work is provided at our discretion and may require an additional fee.

  1. Payments

Fees for services, products, subscriptions, or other offerings will be presented at the time of purchase or in a separate written agreement.

Payments are due according to the terms presented at checkout, on the applicable invoice, or in the applicable agreement. We may suspend or limit access to services or products for late or failed payments.

Unless otherwise stated, payments are non-refundable. If we choose to offer refunds, credits, or cancellations in a specific case, that does not obligate us to do so in future cases.

We may use third-party payment processors, including Stripe, to process payments. By making a purchase, you agree to comply with the applicable payment processor terms.

  1. Intellectual Property

Unless otherwise agreed in writing, Dunko Studio retains all rights, title, and interest in and to our services, software, applications, code, designs, templates, frameworks, systems, documentation, content, branding, and other intellectual property, including any improvements or derivative works.

If we create custom work for a client, ownership and usage rights will be governed by the applicable proposal, invoice, statement of work, or separate written agreement. Unless otherwise expressly stated in writing, we retain ownership of all pre-existing materials, tools, frameworks, code libraries, processes, and know-how used to provide the work.

You retain ownership of content, materials, and assets you provide to us. You grant us a limited license to use, host, reproduce, modify, and display that content only as reasonably necessary to provide the services or operate the applicable product.

Unless otherwise agreed in writing, we may display completed work or identify you or your business in our portfolio, case studies, and promotional materials.

  1. User Content and Account Responsibilities

If you submit content, upload files, create an account, or are given access to administrative or content management tools, you are solely responsible for your content, activity, and compliance with applicable law.

You agree not to:

  • use our website, applications, products, or services for any unlawful, fraudulent, abusive, or harmful purpose;

  • upload or distribute content that infringes or violates another party's rights;

  • interfere with, disrupt, or attempt to gain unauthorized access to any system, account, or data;

  • upload malicious code, viruses, or harmful files;

  • share login credentials or fail to maintain their confidentiality.

We may remove content, suspend access, or terminate accounts that violate these Terms or that we reasonably believe create legal, security, or operational risk.

  1. Third-Party Services

Our website, applications, products, and services may rely on or integrate with third-party services, platforms, hosting providers, app stores, analytics providers, payment processors, or software tools.

We are not responsible for the availability, policies, functionality, or actions of third-party services. Your use of third-party services may be subject to separate terms and privacy policies.

  1. Backups, Availability, and Data

We may, but are not obligated to, maintain backups, redundancy, or recovery systems for any website, application, account, or data.

We do not guarantee uninterrupted availability, error-free operation, or that any backup will be available, complete, or restorable.

You are responsible for maintaining your own copies of any important content, data, or materials you provide or upload, unless a separate written agreement states otherwise.

If you use our services to collect, store, or process personal data from others, you are solely responsible for complying with applicable privacy, data protection, and notice requirements, unless otherwise expressly agreed in writing.

  1. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR WEBSITE, APPLICATIONS, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that any service or product will be uninterrupted, secure, error-free, or compatible with every device, platform, browser, operating system, or future update.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUNKO STUDIO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR WEBSITE, APPLICATIONS, PRODUCTS, OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUNKO STUDIO'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR WEBSITE, APPLICATIONS, PRODUCTS, OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO DUNKO STUDIO FOR THE APPLICABLE PRODUCT OR SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

We are not responsible for losses or claims arising from:

  • content, data, or materials you provide, publish, upload, or modify;

  • unauthorized access caused by your failure to secure your accounts or credentials;

  • outages, interruptions, or failures caused by third-party providers or external events;

  • your misuse of any admin tools, content management tools, or software features.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Dunko Studio from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

  • your use of our website, applications, products, or services;

  • your content, data, or materials;

  • your violation of these Terms;

  • your violation of any law or third-party right.

  1. Termination

We may suspend or terminate access to any website, application, account, product, or service at any time if you violate these Terms, fail to pay applicable fees, create risk for us or others, or if we discontinue the offering.

You may stop using our services at any time. Any termination does not relieve you of payment obligations already incurred.

Any provisions of these Terms that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.

  1. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of laws principles.

Any dispute arising out of or relating to these Terms or our website, applications, products, or services will first be addressed through good-faith informal efforts to resolve the dispute.

If a dispute cannot be resolved informally, it will be resolved by binding arbitration in San Diego, California, unless applicable law requires otherwise. Each party will bear its own costs unless the arbitrator determines otherwise under applicable law.

To the extent permitted by law, any claim must be brought within one (1) year after the event giving rise to the claim, or the claim will be barred.

  1. Changes to These Terms

We may update these Terms from time to time. Any changes will become effective when posted, unless a later effective date is stated.

Your continued use of our website, applications, products, or services after updated Terms are posted constitutes your acceptance of the updated Terms.

  1. Contact Information

If you have questions about these Terms, please contact us at contact@dunko.dev.