Terms of service
OVERVIEW
Welcome to ByOwlStudio! The terms “we”, “us” and “our” refer to ByOwlStudio. ByOwlStudio operates this store and website, including all related information, content, features, tools, digital products, and services in order to provide you, the customer, with high-quality digital design files, backgrounds, and patterns (the “Services”). ByOwlStudio is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or purchasing digital items through our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store, creating an account, or purchasing any of our digital products, you may be asked to provide certain information, such as your email address, billing, and payment information. You represent and warrant that all the information you provide in our store is correct, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity occurring under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our digital products in our online store. However, please note that colors, contrast, and digital design appearances may differ depending on your screen settings, monitor calibration, device configuration, printer settings, paper quality, or ink types used for physical printing.
We do not warrant that the final printed result or overall appearance of any digital files purchased by you will meet your individual expectations, as printing results depend on third-party equipment, materials, and techniques outside of our control.
All descriptions of products, file formats, and pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any digital product at any time and may limit the sales of our digital items to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase our digital items. ByOwlStudio reserves the right to accept or decline your order for any reason at its discretion. Your order is accepted once payment is processed and digital download links or files are delivered to you.
Due to the instant, automated nature of digital downloads, orders cannot be cancelled or modified once payment has been completed and access to the files has been granted. In the event that we do not accept, make a change to, or cancel an order prior to file delivery, we will attempt to notify you by contacting the email address provided at the time the order was made.
Your purchases are subject to refund solely in accordance with our Refund Policy.
You can use our designs for physical or digital products for personal and small business commercial use. For digital commercial use, you must modify the file by adding your own elements, logos, or custom text. Sharing, reselling, or redistributing the original digital file "as is" is strictly prohibited. If you are a large business or enterprise requiring extended licensing for high-volume commercial use, please contact us at shop@byowlstudio.com prior to purchase.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a digital product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include applicable sales taxes or VAT.
Prices posted in our online store may differ from prices offered on third-party platforms or marketplaces where our products are also sold. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, payment method details, and expiration dates, so that we can complete your transactions and deliver your digital files without delay.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
Since our products are digital, no physical items will be shipped to your address. All products are delivered electronically.
Upon successful payment processing, you will receive immediate access to download your digital files via the order confirmation page and/or an automated email containing download links sent to the email address provided at checkout.
We are not liable for delivery delays or access failures caused by incorrect email addresses entered at checkout, internet connection issues, spam filters, or technical problems on the buyer’s end. If you experience any issues receiving or downloading your purchased files, please contact us at shop@byowlstudio.com, and we will assist you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all digital files, artwork, backgrounds, patterns, sublimations, images, graphics, text, branding, and logos, are owned by ByOwlStudio, its affiliates, or licensors and are protected by applicable copyright, trademark, and international intellectual property laws.
Your purchase of any digital product grants you a non-exclusive, non-transferable license to use the content strictly under the following terms:
- Personal and Small Business Commercial Use: You may use our designs to create physical products (such as printed items, crafts, and sublimations) or modified digital products for commercial sale.
- Digital Product Modifications Required: For any digital commercial use, you must modify the original file by adding your own distinctive design elements, graphics, logos, or text.
- Prohibited Uses: You must not resell, share, redistribute, sub-license, give away, or transmit the original digital files "as is" in any format, nor claim our original artworks as your own creation.
Except as expressly granted herein or in a separate written agreement, no other license or right under any copyright, trademark, or intellectual property of ByOwlStudio is implied or granted. Unauthorized distribution or copying of our digital assets constitutes copyright infringement and will be prosecuted. All rights not expressly granted are reserved by ByOwlStudio.
ByOwlStudio’s name, logo, and design slogans are trademarks of ByOwlStudio. Shopify’s name and logo are trademarks of Shopify. All other trademarks appearing on the site belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features, tools, or resources through the Services. Such new features and digital tools shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality or integrations). We are not responsible for examining or evaluating the content, availability, or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so entirely at your own risk.
We are not liable for any harm or damages related to your access to any third-party websites, or your purchase or use of any products, digital resources, services, or content on third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
ByOwlStudio is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with ByOwlStudio. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and ByOwlStudio, including any damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with ByOwlStudio.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for promotional and commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, file formats, pricing, promotions, offers, and digital product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate any person;
(e) to transmit false or misleading information;
(f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
(g) to transmit, or procure the sending of, any unauthorized advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
(h) to impersonate or attempt to impersonate any other person or entity; or
(i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm ByOwlStudio, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to:
(a) upload or transmit viruses, trojans, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the digital files or Services without explicit written permission or in violation of our licensing terms;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl, scrape, or extract images and digital assets automatically from our Store; or
(e) interfere with or circumvent the security features of the Services, access restrictions, digital download controls, or any related website.
We reserve the right to suspend, disable, or terminate your account or access to digital downloads at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property and Licensing, Feedback and Reviews, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information and materials presented on or through the Services are made available solely for general information and creative purposes. We do not warrant that digital files will be fully compatible with all third-party software, hardware, or equipment. Any reliance you place on such information or resources is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services.
EXCEPT AS EXPRESSLY STATED BY ByOwlStudio, THE SERVICES AND ALL DIGITAL PRODUCTS DELIVERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES OR DIGITAL DOWNLOADS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ByOwlStudio, OUR PARTNERS, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, PRINTING COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY DIGITAL PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DIGITAL FILES, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR DIGITAL PRODUCT) POSTED, TRANSMITTED, DELIVERED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ByOwlStudio, Shopify, and our affiliates, partners, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of:
(1) your breach of these Terms of Service or the documents they incorporate by reference;
(2) your violation of any law or the rights of a third party (including intellectual property or copyright laws); or
(3) your access to and use of the Services or digital products.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where ByOwlStudio is located, without regard to its conflict of law principles. You and ByOwlStudio consent to the exclusive jurisdiction of the courts located in our primary jurisdiction for any dispute arising out of or relating to these Terms or the Services.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at shop@byowlstudio.com. Our contact information is posted below:
Store Name: ByOwlStudio
Contact Email: shop@byowlstudio.com