Last Updated: June 24, 2025

1. Overview

These Terms govern your access to and use of the BNCouraged Designs Agency website and associated services (the “Platform”). By using our Platform, you accept and agree to these Terms. We may suspend or terminate your access without notice if you breach them. You must be at least 18 years old to use this Platform.

We may update these Terms or Platform functionalities at any time. Changes are effective upon posting, and your continued use constitutes acceptance. Our Privacy Policy explains how we collect and process personal data.

2. Services

We offer branding, design, funnel-building, marketing integrations, and related services (“Services”). All Services are subject to these Terms:

Modifications: We may add, remove, or update features or integrations at our discretion.

As-Is: Services are provided on an “as-is” basis without guarantees unless explicitly stated.

No Future Obligations: Any future updates or expansions remain at our sole discretion.

3. Intellectual Property

All Platform content—including designs, content, visuals, and trademarks—are owned by BNCouraged Designs or its licensors and protected by law. You may not use our trademarks or copyrighted materials without written permission.

4. License & Acceptable Use

We grant you a personal, non-transferable license to access our Platform and Services lawfully. You agree not to:

Violate laws or infringe IP rights

Post malicious, illegal, or abusive content

Overload, disrupt, or hack our systems

Scrape or reverse-engineer any part of the Platform

Violations may lead to termination and legal action.

5. Client Responsibility

You and your clients are responsible for:

Providing accurate, lawful, and licensed content

Complying with privacy, communications, and data protection laws

Ensuring you possess all necessary rights for data and materials used in our Services

6. Communications Compliance

For communications (like email or SMS), you are fully responsible for legal compliance (e.g., TCPA, CAN-SPAM, GDPR). We provide tools—you control and send messages.

7. Payment & Refund Policy

Fees: All fees are collected upfront or via billing accounts.
No Refunds: All sales are final. Duplicate billing may be refunded at our discretion.
Failed Payments: We may suspend Service access and charge collection fees. You’re responsible for any legal or collection costs.

8. Project Scope & Revisions

Each project is guided by a written scope and timeline. Additional requests outside this scope require written agreement and may incur extra fees.

9. Deliverables & Licensing

Upon final payment, you receive a commercial license to use final deliverables. BNCouraged retains IP on drafts unless otherwise agreed. Third-party assets remain under their original licenses.

10. Confidentiality

Both parties agree to protect each other's confidential information. This obligation remains even after termination.

11. Termination

We may suspend or terminate access for breaches. You may terminate by providing written notice at least 30 days before your next billing cycle.

12. Disclaimers & Liability Limitations

All Services are “as-is.” We disclaim all warranties and aren't liable for indirect damages. Our total liability is limited to the fees you’ve paid in the 3 months before your claim.

13. Indemnification

You agree to defend and hold BNCouraged Designs harmless from any claims arising from your use of the Platform or Services, including legal violations by you or your clients.

14. Governing Law & Jurisdiction

These Terms are governed by Illinois law. Any disputes must be resolved in courts located in Cook County, Illinois.

15. Miscellaneous

Severability: If any term is unenforceable, the rest remain valid.

Entire Agreement: These Terms, plus our Privacy Policy, form the full agreement.

Notice: Legal notices should be sent to [email protected]

📨 Contact Information

For any questions or support, please contact us at: [email protected]