TERMS OF SERVICE AGREEMENT
1. ACCEPTANCE OF TERMS
Welcome to www.bosmatistudios.com (hereinafter referred to as the “Website”). Please read this Terms of Service Agreement (“Agreement”) carefully. By accessing or using the Website, you agree to be bound by these terms and conditions. If you do not agree with any part of the following terms, you must not use the Website.
2. PRIVACY POLICY
Your use of the Website is also governed by our Privacy Policy. Please review the Privacy Policy, which can be found HERE to understand our practices regarding the collection and use of your personal information.
3. PERSONAL DATA COLLECTION
3.1 What Personal Data Do We Collect?
To provide you with better service, we may ask you to provide personally identifiable information, including but not limited to first name, last name, email address, mailing address, telephone number, and mobile phone number. Additionally, when you interact with our content, various technologies may passively collect Usage Information, such as browser type, operating system, page views, and other analytics.
3.2 Technologies Used for Data Collection
Technologies used on the Website for data collection include web beacons, embedded scripts, online tracking, media uploads, and cookies. Cookies are small text files that store user preferences and activity. You can configure your browser to block cookies, but some features on our Website may not function properly if you choose to do so.
3.3 Embedded Content from Other Websites
The Website may include embedded content from other websites. This content behaves similarly to if the visitor has visited the other website, and those websites may collect data about you.
4. HOW WE USE YOUR INFORMATION
We use the information collected, including personal information, to create accounts, process registrations, provide requested content, tailor advertisements, improve the Website, and for internal business purposes. We may also contact you regarding your use of the Website, account, or changes to our policies.
5. INFORMATION SHARING
We may share non-personal and personal information with affiliated entities, third-party service providers, and co-promotion partners as described in our Privacy Policy. Information may also be shared in connection with business transfers, legal protections, law enforcement, and with your consent.
6. THIRD PARTY SERVICES AND MATERIALS
Certain components and functionalities of the services provided by Bosmati Studios LLC, a graphic design and web development company (“Bosmati Studios”), may involve, incorporate, or interface with third-party software and other materials (“Third-Party Materials”) that are accessible to you subject to the terms of third-party licenses. Similarly, certain aspects and capabilities of the services enable you to import, export, and otherwise utilize information to, from, and between the services and specific third-party software services (“Third-Party Services”).
By utilizing the services, you hereby consent to Bosmati Studios LLC facilitating the transfer of the content and information you provide to and from the Third-Party Services. You acknowledge and agree that Bosmati Studios LLC has no control and shall not be held liable for any damage or loss incurred by you through the use of any Third-Party Materials or Third-Party Services. Your use of the services with any Third-Party Materials or Third-Party Services is undertaken at your own risk, and any agreement governing your use of Third-Party Materials or Third-Party Services is solely between you and the respective owner or provider of such Third-Party Materials or Third-Party Services. It is your responsibility to review the policies and terms of use of all Third-Party Materials and Third-Party Services prior to accessing or using them. No policies or terms and conditions of any Third-Party Materials or Third-Party Services shall modify these Terms. You further acknowledge and agree that Bosmati Studios LLC may suspend, modify, or terminate any access to, integration with, or incorporation of any Third-Party Materials or Third-Party Services at any time at its discretion. Accessing, integrating with, or incorporating any Third-Party Materials or Third-Party Services through the services does not imply any affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by Bosmati Studios LLC on behalf of any third-party owners or providers of such Third-Party Materials or Third-Party Services.
You agree not to, directly or indirectly: (a) reverse engineer, decrypt, decompile, decode, disassemble, or otherwise attempt to obtain the source code of any Third-Party Materials or Third-Party Services; (b) rent, time share, or host any Third-Party Materials or Third-Party Services; (c) remove or destroy any copyright or trademark notices, proprietary markings, or confidential legends placed upon or within any Third-Party Materials or Third-Party Services; (d) engage in any activity with the services and/or any Third-Party Materials or Third-Party Services that interferes with, disrupts, damages, or accesses, in an unauthorized manner, the servers, networks, or other properties or services of any third party; (e) use the services and/or any Third-Party Materials or Third-Party Services in furtherance of criminal, fraudulent, or other unlawful activity. You agree to indemnify and hold Bosmati Studios LLC harmless from any damage or loss suffered by Bosmati Studios LLC arising from any violation by you of the foregoing.
7. REFUNDS AND RETURN POLICY
7.1 Return Procedures
If applicable, returns of physical products must be made within 15 days from the date of purchase. To initiate a return, please contact us with your order details. Returned products must be in their original condition, and return shipping costs are the responsibility of the customer.
7.2 Return & Refunds
By purchasing from Bosmatistudios.com, you agree to the terms and conditions of our return policy. If you would still like to make a return or have additional questions, please contact us by email at brainwave@bosmatistudios.com.
We strive to provide high-quality products and services. If you are not satisfied with your purchase, refunds will be processed in accordance with our refund procedures.
Items that can be returned:
Graphic Design and Website Development:
Due to the personalized attention and time invested in creating your unique designs, we do not offer refunds for our graphic design services or website services that have been started. If you have placed an order on our website for graphic or website services and your project start date has not arrived, you may request a refund for the entire amount of your service purchased. This policy is in place to uphold the high standards and quality that we pride ourselves on.
Print Services:
We take great pride in the quality of our print materials. However, in the rare event of receiving a defective banner or sign, please contact us within 15 days of receiving your order and include photos of defects. We will gladly assess the issue and, if deemed defective, provide a replacement.
Apparel Products:
For purchased apparel products, we accept returns within 15 days of the original purchase date. Items must be in their original condition, unworn, and with all tags attached and in their original packaging. Please contact our customer service team to initiate the return process.
Additional non-returnable items:
Gift cards, Downloadable software products, Some health and personal care items
Returns
In your email, include your full name, phone number, a good time to call you, the problem you have had with your order, and proof of purchase. If your order has been damaged or is faulty, we require you to send us pictures of the damaged product and the box it shipped in. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
How will I receive my refund?
You can choose to either receive store credit or have a replacement item sent out to you. We do not do cash back refunds unless circumstances occurred as a result of non-delivery, or broken, damaged product(s), or canceled project orders that have not yet been started.
Refund Processing Time
Refunds will be processed within 7-10 days of receiving the returned product. Please note that the processing time may vary depending on your payment method and financial institution.
After I email my request for a refund and pictures, what’s next?
After we have received your request, we will review all of the information and let you know if your item qualifies for a refund. If it does qualify, you have the choice of receiving store credit or receiving a replacement. In either instance, we will have you ship the broken or faulty item back to us free of charge. We will send you an email that includes further instructions on where to send your returned item and an easy step-by-step illustration of how to send your product back along with a Return Authorization Label to put in the box.
Sale items
Only regular priced items may be refunded. Sale items cannot be refunded.
Exchanges
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at brainwave@bosmatistudios.com and send your item to the customer shipping address you provided upon purchase. If another shipping address is required, please email us with that address you would like your replacement shipped to. Once we ship the order, the shipping address can no longer be changed.
Shipping returns
To return your product, you should mail your product to:
PO BOX 470283, KISSIMMEE FL 34747 | ATTN: BOSMATI STUDIOS
8. ACCOUNTS
By creating an account with us, you affirm that you are legally authorized to establish the account and engage in a contractual relationship with the service. The information provided by you during the account creation process must be accurate, complete, and current. Providing inaccurate, incomplete, or outdated information may result in the suspension or immediate termination of your account and service.
You bear the responsibility for safeguarding the confidentiality of your account credentials (including account and password) for yourself and any individuals granted access by you to act on your behalf. This obligation encompasses maintaining the security of your electronic devices, such as mobile devices and computers, and other credentials, such as email, which may be utilized to access the service. You agree to assume responsibility for all activities or actions occurring under your account and/or password, whether the password is associated with the service or a third-party service. Prompt notification is required if you become aware of any security breaches or unauthorized use of your account or accounts with access to act on your behalf.
9. PAYMENT PROCESSING
To ensure the highest level of protection for Institution and End User payment information, Bosmati Studios LLC (“Bosmati Studios”) may utilize a third party for payment processing services (the “Payment Processor”), and all users must enter into any such agreement as a customer of Bosmati Studios LLC.
BY AGREEING TO THIS AGREEMENT OR BY CONTINUING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THE MERCHANT SERVICES AGREEMENT, AS THE SAME MAY BE MODIFIED FROM TIME TO TIME, OR ANY OTHER APPLICABLE AGREEMENTS RELATED TO YOUR PAYMENT PROCESSING PROVIDER FROM TIME TO TIME.
10. CALIFORNIA RESIDENTS
California residents have specific rights under California Civil Code Section 1798.83. To inquire about your information shared with third parties for direct marketing purposes, please contact us at brainwave@bosmatistudios.com.
11. USER SUBMISSIONS
The Website may allow user submissions in community forums. Be aware that anything you post is public, and others may have access to your submissions. Exercise caution before disclosing any personal information.
12. SECURITY, RETENTION, AND MONITORING
We strive to maintain reasonable security measures but cannot guarantee the security of information. We retain information as long as necessary for the purposes outlined in our Privacy Policy.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Bosmati Studios LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees), resulting from or arising out of a) your use and access to the services, by you or any person using your account and password, b) a breach of these Terms, or c) your use of any Third-Party Materials or Third-Party Services.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL BOSMATI STUDIOS LLC NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; (IV) YOUR ACCESS TO OR USE OF ANY THIRD PARTY SERVICES OR THIRD PARTY MATERIALS,
WHETHER OR NOT USED OR ACCESSED THROUGH OUR THE SERVICE AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BOSMATI STUDIOS LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF BOSMATI STUDIOS LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES UNDER THESE TERMS OF SERVICE EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU FOR YOUR USE OF OUR SERVICE.
15. DISCLAIMER
Your use of the service is at your sole risk. The services are provided on an “AS IS” and “AS AVAILABLE” basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, applicability to specific use case, non-infringement, or course of performance.
The service provided through Bosmati Studios LLC, its subsidiaries, affiliates, partners, and licensors have been designed with reasonable diligence in accordance with applicable regulations and industry standards. The service provides no assurance of lack of errors, service disruption, misuse by users and unauthorized parties, or unintended events which could have undesired effects on the service or you. Bosmati Studios LLC at its sole discretion will prioritize or defer changes to the application as a result of identified defects. Any representation or warranty of or concerning any Third-Party Services or Third-Party Materials is strictly between you and the owner or provider of such Third-Party Services or Third-Party Materials.
16. EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
17. GOVERNING LAW
These Terms of Service shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the service and supersede and replace any prior agreements we might have had between us regarding the services.
18. CHILDREN’S POLICY
The Website is not directed to children under 13. If we inadvertently collect information from anyone under 13, we will take steps to delete it or obtain parental consent.
19. UNSUBSCRIBE OR OPT-OUT
Users can unsubscribe from communications by emailing brainwave@bosmatistudios.com. Opt-out procedures for third-party websites must be followed on those specific sites.
20. CHANGES TO PRIVACY POLICY, TERMS, AND REFUNDS/RETURN POLICY
We reserve the right to modify or replace this Agreement, Privacy Policy, and Refunds/Return Policy at any time. Changes are effective immediately upon posting. Material changes will be notified by email or notice on the What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the updated terms, you are no longer authorized to use the services.
21. FORCE MAJEURE
Bosmati Studios LLC shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Bosmati Studios LLC, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Bosmati Studios LLC’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
22. ACCEPTANCE OF TERMS
By using the Website, you accept the terms and conditions outlined in this Agreement. Continued use following updates constitutes acceptance of any changes.
23. QUESTIONS
For questions or comments about our practices or this Agreement, please contact us at brainwave@bosmatistudios.com.