Terms of Service for Windfall Studio

Last updated: 05/05/2025

Please read these Terms of Service ("Terms") carefully before using https://windfallstudio.design (the "Service") operated by Windfall Studio ("we", "us", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Services Provided

Windfall Studio offers both subscription-based and one-time industrial design services. This includes concept development, CAD modeling, renderings, design documentation, and related deliverables as defined during onboarding.

One-Time Project Offering

We also offer a one-time project package for a flat fee of $990 USD. This includes:

• One (1) design concept

• Up to two (2) rounds of revisions during the concept phase

• Up to two (2) rounds of revisions during the 3D modeling phase

• Up to two (2) rounds of revisions during the rendering phase

Additional revisions or work outside of the stated scope may require additional fees or a new agreement.

2. Subscription & Billing

• Our subscription service is offered at a flat monthly rate of $9,000 USD.

• Subscriptions are billed in advance and renew automatically each month unless canceled.

• You may cancel at any time, and your access will continue until the end of the current billing cycle.

3. Refund & Guarantee

We offer a satisfaction guarantee: if you ever feel that the value you’ve received does not meet expectations, we will credit you for the next month free of charge. To request this, email us at info@windfallstudio.design.

4. Project Scope

Deliverables are defined during onboarding and evolve through active communication. Revisions are included within reason. Excessive revisions, out-of-scope requests, or entirely new project directions may require rescoping or a separate agreement.

5. Intellectual Property

• Final, approved deliverables become the property of the client upon full payment.

• Drafts, working files, and unused concepts remain the intellectual property of Windfall Studio unless otherwise agreed in writing.

6. Client Responsibilities

You agree to:

• Provide timely feedback and clear communication

• Ensure all submitted content (text, assets, etc.) is legally usable and does not infringe on third-party rights

• Not use our deliverables for unlawful or prohibited activities

7. Confidentiality

We treat all client materials with strict confidentiality and do not share or disclose any information unless required by law or with your written permission. NDAs can be provided upon request.

8. Showcasing Client Work

Windfall Studio reserves the right to share design work on digital channels including social media, website, and other marketing platforms unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Windfall Studio, which would void the right of Windfall Studio to share or discuss the Client’s work publicly.

9. Acceptable Use

Clients may not use our deliverables for illegal, harmful, or defamatory purposes, nor may they falsely represent our work as their own original creation if not materially altered.

10. Deliverables Format & Access

Final deliverables may include CAD files (.STL, .STEP), high-resolution renderings, or visual documentation. Editable source files (e.g., native design files) may be shared only upon request and subject to approval. We do not guarantee long-term storage of files after project completion unless otherwise agreed.

11. Communication Expectations

To maintain project timelines, clients must respond to requests for input or approvals within three (3) business days. Delays in communication may result in timeline shifts without penalty to Windfall Studio.

12. Service Suspension or Refusal

Windfall Studio reserves the right to suspend service, delay delivery, or terminate agreements in cases of abusive behavior, non-payment, or violations of these Terms.

13. Third-Party Materials & Licenses

Designs may incorporate third-party elements (e.g., stock photography, fonts). Clients are responsible for ensuring appropriate licensing for these materials if they wish to use the designs commercially.

14. Force Majeure

Windfall Studio shall not be liable for delays or failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, illness, internet or infrastructure outages, labor disputes, or governmental restrictions.

15. Limitation of Liability

To the maximum extent permitted by law, Windfall Studio shall not be liable for any indirect, incidental, or consequential damages arising from the use of our Service.

16. Limitations of Liability and Indemnification

Windfall Studio and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify and hold harmless, Windfall Studio and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Windfall Studio reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Windfall Studio hereunder. Client agrees to cooperate with the defense of such claims.

17. Design Defect and Malfunction Disclaimer

Windfall Studio provides design services only and does not manufacture or test final products. We make no guarantees regarding the performance, functionality, or safety of any final products based on our designs. The Client is solely responsible for vetting, validating, and testing all outputs before production or commercial use. Windfall Studio shall not be held liable for any damages, losses, or injuries resulting from product defects, malfunctions, or failure to perform as intended.

18. Returns and Refunds

Windfall Studio reserves the right to deny refunds based on its own discretion and without notice or liability to Client. Refund requests are assessed on a case-by-case basis. Should Client request a refund during the first month of use, all materials produced by Windfall Studio remain the property of the company and may not be used by the Client in any capacity. If a refund is approved, a 25% fee will be applied to the remaining billable period. Stripe fees associated with the original transaction will not be refunded. Windfall Studio reserves the right to pursue legal action for any breach of this section.

19. Modifications to Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated effective date. Continued use of the Service constitutes acceptance of the updated Terms.

20. Governing Law

These Terms are governed by the laws of the District of Columbia, without regard to its conflict of law provisions.

21. Contact Us

If you have any questions about these Terms, please contact us at:
info@windfallstudio.design