Terms of Use

Effective Date: November 24, 2020

Welcome to Above Brand, LLC (“Company,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our website located at https://abovebrand.com/ (the “Website”), including all services, digital products, creative services, subscription platforms, downloadable materials, software tools, and related offerings (collectively, the “Services”).

By accessing, browsing, purchasing from, booking services through, or otherwise using this Website or any of our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree, you must discontinue use immediately.

1. Binding Acceptance of Terms

Your access to and continued use of this Website constitutes your express agreement to these Terms, our policies, and any additional terms presented at the time of purchase, booking, or service engagement. Continued use of the Website after updates are posted constitutes acceptance of those revisions.

2. Eligibility and Authority

You must be at least 18 years old or the age of legal majority in your jurisdiction to use our Services. By using the Website or purchasing Services, you represent and warrant that you have the legal authority to enter into binding agreements.

3. Scope of Services

AboveBrand provides a wide range of professional and digital services including but not limited to:

• Digital products and downloadable resources

• AI-powered software, tools, or platforms

• Subscription-based services

• Consulting or strategy services

• Retainer-based services

• Photography services

• Videography services

• Graphic design services

• Branding and creative services

• Marketing and media services

• Custom digital development

• Content creation and production services

Services may be delivered digitally, virtually, on-site, or through a combination of methods depending on the service purchased.

4. Digital Product Delivery

All digital products are considered delivered once any of the following occurs:

• Access credentials are issued

• Files are made available for download

• Platform access is granted

• Login credentials are created

• Service dashboards are accessible

Delivery is deemed complete regardless of whether the customer downloads, accesses, or uses the product.

5. Payment Authorization

All payments must be initiated and authorized by the customer through our approved payment providers. We do not store full payment credentials and cannot manually charge customers without their authorization.

By submitting payment, you confirm that:

• You are authorized to use the payment method

• You approve the full transaction amount

• You understand what you are purchasing

• You agree to these Terms

   

6. Retainers for Creative and Professional Services

Certain services including but not limited to photography, videography, design, production, consulting, custom builds, and creative projects require a non-refundable 50% retainer to secure booking, production time, creative allocation, scheduling, and project commitment.

Retainers are compensation for reserving time, resources, staffing, and production planning. Once paid, retainers are non-refundable under all circumstances, including but not limited to:

• Client cancellation

• Schedule changes

• Change of mind

• Failure to participate

• Project delays caused by client

• Failure to provide required materials

Remaining balances, if applicable, must be paid according to the agreed payment schedule. Failure to submit remaining payment may result in project suspension or cancellation without refund of retainer.

7. No Refund Policy for Digital Products

Due to the immediate-access nature of digital products, all digital purchases are final and non-refundable.

Digital goods cannot be returned, exchanged, or revoked once delivered because they are intangible and may be copied, stored, or used after purchase. This includes but is not limited to:

• Downloadable files

• Templates

• Courses

• Software

• Access portals

• Toolkits

• Digital assets

• AI systems

• Automation tools

• Licenses

• Membership content

By purchasing any digital product, you acknowledge that you waive any right to refunds, returns, or chargebacks on the basis of dissatisfaction, misunderstanding, or lack of usage.

8. Subscription and Access-Based Services

Some Services may be offered for a fixed access period. Unless explicitly stated otherwise at checkout, subscriptions do not automatically renew. Customers must manually initiate payment to continue service.

If payment is not submitted at renewal time, access will expire automatically without further charges.

No refunds are provided for partial subscription periods, unused time, or failure to cancel before expiration.

9. Client Responsibilities

You agree to provide accurate information, timely communication, required materials, and cooperation necessary for project completion. We are not responsible for delays or failure to deliver caused by incomplete instructions, missing assets, or lack of client response.

10. Intellectual Property Rights

All content, creative works, software, systems, designs, deliverables, branding, source files, concepts, drafts, processes, frameworks, and materials provided through our Services remain the exclusive intellectual property of AboveBrand unless otherwise agreed in writing.

Purchase of Services grants a limited, non-transferable, non-exclusive license for permitted use only. Ownership does not transfer unless explicitly stated in a written agreement.

You may not copy, resell, redistribute, modify, reverse engineer, or exploit any portion of our Services without prior written permission.

11. Creative Deliverables

Creative deliverables may include drafts, proofs, or preliminary versions. Final deliverables are only released after full payment has been received. We reserve the right to withhold final assets until payment obligations are satisfied.

12. Limitation of Liability

To the fullest extent permitted by law, AboveBrand shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to your use of the Website or Services.

13. Disclaimer of Warranties

All Services are provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee specific results, revenue, performance, or outcomes from the use of any service or product.

14. Termination of Access

We reserve the right to suspend or terminate access to Services if a user violates these Terms, abuses staff, engages in fraud, attempts unauthorized access, or misuses the platform.

15. Chargebacks and Disputes

By purchasing from us, you agree to contact our support team to resolve any billing concern before initiating a dispute or chargeback.

Initiating a false, abusive, or unjustified chargeback after receiving services or access constitutes a breach of these Terms and may result in:

• Immediate account termination

• Revocation of licenses

• Permanent service bans

• Collections action

• Legal enforcement

We reserve the right to present evidence of service delivery, login records, downloads, communications, contracts, and usage logs in dispute proceedings.

16. Governing Law

These Terms shall be governed and interpreted in accordance with the laws of the jurisdiction of the Company’s principal place of business, without regard to conflict of law principles.

17. Modifications to Services or Terms

We reserve the right to modify these Terms, pricing, offerings, or service structures at any time. Updated versions will be posted on this page with a revised effective date. Continued use constitutes acceptance.

18. Entire Agreement

These Terms constitute the entire agreement between you and AboveBrand regarding use of the Website and Services and supersede all prior agreements, communications, or understandings.

19. Contact Information

For questions regarding these Terms, please contact:

Above Brand, LLC

Email: info@abovebrand.com

By continuing to access or use this Website or our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.20