These Terms govern your use of the website at onyx-studio.net, the application at app.onyx-studio.net, and all design, hosting, marketing, growth, and related services provided by Onyx Studio ("we", "us", "our"). By using our services or signing up for a subscription, you agree to these Terms in full. If you do not agree, do not use our services.
1. Services
We design, build, host, and maintain websites and provide marketing and growth services for businesses on a monthly subscription basis. The specific features, deliverables, and service levels included depend on the tier you select (Foundation, Professional, Premier, Enterprise Lite, or Enterprise). Features are described at onyx-studio.net and confirmed in your onboarding communication.
Not all features are available on every tier. Unless a feature is explicitly listed in your selected plan, it is not included. Services are delivered using methods, tools, platforms, and workflows at our sole discretion. We may change implementation methods at any time without notice, provided the agreed-upon deliverables are met.
The following are not included in any standard plan unless specifically stated otherwise:
- Paid advertising spend (Google Ads, Meta Ads, etc.)
- Third-party software subscriptions, licenses, or API fees
- Domain registration or renewal fees (unless bundled)
- Custom application development, ecommerce platforms, or integrations outside the scope of your plan
- Photography, videography, or licensed stock media
- Print design, branding packages, or physical materials
- Legal, compliance, or regulatory review of content
2. Pricing & Billing
Subscription fees are billed monthly in advance and begin on the day your website goes live, or as otherwise specified in your onboarding. All prices are in U.S. dollars. All payments are non-refundable. There are no refunds, credits, or prorated adjustments under any circumstances, including but not limited to dissatisfaction, early cancellation, downtime, unused service days, or disputes.
Payment is processed by Stripe. You are responsible for keeping a valid payment method on file at all times. If a payment fails, we will attempt to notify you. If the payment is not resolved within 7 days of the original due date, we reserve the right to suspend your website and all associated services without further notice. If payment is not resolved within 30 days, we may terminate your account permanently.
We may update pricing at any time. Active subscribers will receive at least 14 days' written notice before any price change takes effect. Your continued subscription after the effective date constitutes acceptance of the new pricing.
You are responsible for any applicable taxes, duties, or government-imposed fees associated with your subscription. Our listed prices do not include tax unless explicitly stated.
3. Cancellation
You may cancel your subscription at any time by emailing us at [email protected]. There is no cancellation fee. Upon cancellation, your website will remain live and functional through the end of your current paid billing cycle. At the end of that cycle, your site will be taken offline and hosting will be discontinued.
No prorated refunds will be issued for unused portions of a billing cycle. The cancellation is effective at the end of the period you have already paid for.
Upon request made at or before the time of cancellation, we will provide you with the static HTML, CSS, image, and asset files of your website within 10 business days. File transfer is provided as a courtesy and may not include third-party integrations, server-side functionality, proprietary templates, design systems, or internal tooling. Exported files may not match the hosted version in all respects.
Post-cancellation support, hosting, maintenance, edits, or any other service is not included and will not be provided unless a new agreement is established.
4. Your Content
You retain ownership of all content you provide to us, including logos, photographs, text, trademarks, and other intellectual property. By sharing content with us, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and modify that content solely for the purpose of building, hosting, maintaining, and promoting your website and related services during the term of your subscription.
You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions for any content you provide. You agree to indemnify, defend, and hold harmless Onyx Studio, its owners, employees, and contractors from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to your content, including but not limited to claims of copyright infringement, trademark violation, defamation, or violation of any third-party rights.
5. Our Work Product
While you are an active subscriber, you receive a non-exclusive, non-transferable license to use the website we design and build for your business. This license is limited to the display and operation of your website as hosted by us.
Our proprietary design systems, templates, component libraries, code frameworks, automation tools, internal processes, and infrastructure remain our exclusive property at all times. No ownership of these assets transfers to you under any circumstance.
If you request file transfer upon cancellation, the exported files are provided "as is." We make no guarantees that exported files will function identically outside our hosting environment. Third-party integrations, dynamic features, server-side logic, and platform-specific optimizations may not be included or functional in the exported version.
6. Edits & Revisions
Edit requests are included in your monthly subscription fee, subject to the terms of your plan. Edit requests are handled in the order they are received. Typical turnaround is within 3 business days for Foundation, 1 business day for Professional, and same-day-when-possible for Premier and above.
Plans described as including "unlimited edits" are subject to a reasonable use policy. Reasonable use means requests that involve updates to existing text, images, colors, layout adjustments, and minor structural changes within the scope of the current site architecture. It does not include complete redesigns, new page creation beyond your tier's limit, new feature development, custom integrations, or requests that require disproportionate effort relative to your plan level.
We reserve the right to determine what constitutes a reasonable edit request. Requests that exceed reasonable use may require a tier upgrade, a custom quote, or an additional fee. We control the prioritization, scheduling, and method of all edit work.
7. Uptime & Availability
We host websites on Cloudflare and related infrastructure, which targets 99.9% uptime. While we strive for continuous availability, we do not guarantee uninterrupted, error-free, or secure access to your website or any of our services at all times.
Scheduled maintenance, emergency updates, and rare outages may occur. We will make reasonable efforts to communicate known disruptions in advance when feasible. No refunds, credits, or compensation of any kind will be issued for downtime, regardless of duration or cause.
We are not responsible for outages, slowdowns, or disruptions caused by third-party providers, internet infrastructure, DNS propagation, browser compatibility, or factors outside our direct control.
8. Acceptable Use
You agree not to use our services for any purpose that is illegal, harmful, fraudulent, or in violation of any applicable law or regulation. Specifically, you may not use our services to:
- Host, distribute, or promote content that infringes on the intellectual property rights of others
- Distribute malware, viruses, or any harmful code
- Operate adult content, gambling, illegal substances, weapons, or any other category we are not equipped to serve
- Engage in harassment, hate speech, discrimination, or threats
- Misrepresent your identity or the nature of your business
- Interfere with or attempt to compromise our systems, infrastructure, or other clients' services
We reserve the right to suspend or terminate any account immediately and without prior notice if we determine, at our sole discretion, that a violation has occurred or that continued service poses a legal, reputational, or operational risk to Onyx Studio. No refund will be issued in the event of termination for acceptable use violations.
9. Account Security
If you have an account at app.onyx-studio.net, you are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately if you believe your account has been compromised.
We are not liable for any loss, damage, or unauthorized activity resulting from your failure to maintain secure credentials, including the use of weak passwords, shared accounts, or compromised devices.
10. Disclaimer of Warranties
All services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that our services will meet your specific requirements, that results will be accurate or reliable, that the quality of any services will meet your expectations, or that any errors will be corrected.
11. Limitation of Liability
To the fullest extent permitted by law, Onyx Studio, its owners, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or business interruption, regardless of the theory of liability and even if we have been advised of the possibility of such damages.
Our total aggregate liability for any and all claims arising out of or relating to these Terms or our services is limited to the total amount you have paid us in the 12 months immediately preceding the event giving rise to the claim. This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise.
12. Indemnification
You agree to indemnify, defend, and hold harmless Onyx Studio, its owners, employees, contractors, and affiliates from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with: your use of our services; your breach of these Terms; your content; your violation of any law, regulation, or third-party right; or any dispute between you and a third party related to your website or business.
13. Performance & Results Disclaimer
We make no guarantees regarding the performance, results, or outcomes of any services we provide. This includes, without limitation, website traffic, search engine rankings, lead generation, conversion rates, revenue, ad performance, social media growth, or any other business metric.
Any estimates, projections, calculators, case studies, or illustrative examples provided on our website, in our marketing materials, or during consultations are for informational purposes only. They are based on generalized assumptions and do not constitute a promise, guarantee, or prediction of results for your specific business.
Actual results depend on numerous factors outside our control, including your industry, location, competition, product quality, pricing, customer service, market conditions, and your own effort and responsiveness.
14. Third-Party Services
Our services rely on third-party providers for hosting, content delivery, analytics, payment processing, email, scheduling, APIs, and other functionality. These providers include, but are not limited to, Cloudflare, Stripe, Google, Calendly, and various software platforms.
We are not responsible for outages, errors, data loss, pricing changes, feature changes, deprecations, security incidents, or any other issues caused by third-party providers. If a third-party service changes or discontinues in a way that affects your website or services, we will make reasonable efforts to find an alternative, but we do not guarantee uninterrupted functionality.
Any third-party subscriptions, accounts, or fees required for integrations on your website are your responsibility unless explicitly stated otherwise in your plan.
15. Data & Backups
We may maintain periodic backups of website data and configurations as part of our internal operations. However, backups are maintained at our discretion and are not guaranteed. We are not responsible for loss of data, content, configurations, or any other information, regardless of cause.
You are solely responsible for maintaining your own copies of critical content, data, and assets. We strongly recommend keeping local copies of all materials you provide to us.
16. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms or our services shall be resolved exclusively in the state or federal courts located in Montgomery County, Maryland. You consent to the personal jurisdiction of those courts.
17. Changes to These Terms
We may update these Terms at any time. When we do, we will update the "Last updated" date at the top of this page. For material changes, we will notify active subscribers by email at least 14 days before the change takes effect.
Your continued use of our services after any changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must cancel your subscription before the changes take effect.
18. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
19. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Onyx Studio regarding your use of our services. They supersede all prior agreements, representations, and understandings, whether written or oral.
20. Contact
Questions about these Terms? Email [email protected].