Terms of Service

Last updated: March 16, 2026

Terms and Conditions of Use

1. Agreement to Terms

Welcome to thecreativelabs.io. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “your”) and Creative Labs LLC (“Creative Labs”, “we”, “us”, or “our”), a limited liability company organized under the laws of the State of Wyoming. By accessing or using our website at thecreativelabs.io (the “Site”) and any related services, features, content, or applications we offer (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Site or Services. We reserve the right to update, modify, or replace any part of these Terms at our sole discretion. Your continued use of the Site following any changes constitutes acceptance of those changes.

2. Services Description

Creative Labs LLC is a digital commerce agency that provides a comprehensive range of services designed to help businesses build, grow, and optimize their online presence. Our Services include, but are not limited to:

Ecommerce consulting and strategic planning for brands of all sizes, from emerging direct-to-consumer startups to established enterprise retailers.

Custom website design and development, including Shopify Plus builds, headless commerce implementations, and bespoke front-end experiences.

Platform migrations from legacy systems (such as Magento, WooCommerce, BigCommerce, or Salesforce Commerce Cloud) to modern, scalable ecommerce platforms.

Custom integrations with third-party tools and services, including ERP systems, CRM platforms, payment gateways, inventory management, and order fulfillment providers.

Search engine optimization (SEO), conversion rate optimization (CRO), supply chain integration, performance auditing, and related digital commerce services.

The specific scope, deliverables, and timelines for any engagement are defined in a separate Statement of Work (“SOW”) or proposal agreed upon by both parties prior to the commencement of work.

3. User Accounts

Certain areas of the Site or Services may require you to create an account. When you create an account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.

You agree to notify us immediately at help@thecreativelabs.io if you suspect any unauthorized use of your account or any other breach of security. Creative Labs LLC will not be liable for any loss or damage arising from your failure to protect your account credentials.

You must be at least 18 years of age to create an account and use the Services. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

4. Intellectual Property

The intellectual property rights associated with the Services are governed by the following terms:

All website content, logos, brand marks, visual designs, graphics, text, software, and other materials displayed on thecreativelabs.io are the exclusive property of Creative Labs LLC or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws.

Ownership of client deliverables—including custom designs, code, and other work product created specifically for you under a Statement of Work—transfers to you upon receipt of full payment for the applicable project, unless otherwise specified in the SOW.

Open-source software components incorporated into deliverables remain subject to their respective open-source licenses. We will identify any open-source components used in your project upon request.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any proprietary materials from our Site without our prior written consent, except as expressly permitted by these Terms.

5. Client Responsibilities

To ensure successful project execution and timely delivery, you agree to the following responsibilities:

Provide accurate, complete, and timely information, materials, and access necessary for project execution, including brand assets, product data, platform credentials, and any third-party API keys or documentation.

Maintain the confidentiality and security of all account credentials, API keys, and sensitive information shared during the course of a project. You are responsible for any actions taken using credentials you have shared.

Ensure that all content, images, copy, trademarks, and other materials you provide to Creative Labs LLC for use in deliverables do not infringe upon the intellectual property rights, privacy rights, or any other rights of third parties.

Complete timely review and approval of deliverables, mockups, and milestones per the project timelines outlined in your Statement of Work. Delays in client feedback may extend project timelines accordingly.

6. Payment Terms

Payment terms for Services are established in the applicable Statement of Work or proposal. Unless otherwise agreed in writing, the following standard payment terms apply:

All invoices are due and payable within thirty (30) calendar days of the invoice date (“Net 30”). Creative Labs LLC reserves the right to require a deposit before commencing work, with the balance invoiced upon completion of agreed-upon milestones or upon final delivery.

Late payments will accrue interest at a rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower, calculated from the due date until the date of payment. You are also responsible for any collection costs, including reasonable attorney's fees, incurred by Creative Labs LLC in collecting overdue amounts.

Any changes to project scope, additional features, or services beyond the original Statement of Work require a written change order agreed upon by both parties before additional work is performed. Change orders may result in adjustments to project fees and timelines.

7. Project Delivery

All project timelines and delivery dates provided by Creative Labs LLC are good-faith estimates and are not guaranteed deadlines unless expressly stated as such in a Statement of Work. We will make commercially reasonable efforts to meet estimated delivery dates.

Delays caused by factors outside our reasonable control—including but not limited to late delivery of client materials, delayed client feedback or approvals, changes in project scope, or third-party service outages—may extend project timelines. We will promptly notify you of any anticipated delays and work with you to establish revised delivery schedules.

Upon delivery of each milestone or final deliverable, you will have a review and acceptance period of ten (10) business days (or such other period as specified in the SOW) to review the work and provide written notice of any deficiencies. If no written objection is received within the acceptance period, the deliverable will be deemed accepted.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Creative Labs LLC's total cumulative liability to you for any and all claims arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to Creative Labs LLC during the twelve (12) month period immediately preceding the event giving rise to the claim.

In no event shall Creative Labs LLC, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages—including but not limited to loss of profits, revenue, data, goodwill, or business opportunities—arising out of or in connection with these Terms or the Services, regardless of whether such damages are based on warranty, contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, terrorism, labor disputes, utility or telecommunications failures, cyberattacks, or third-party service outages (each, a “Force Majeure Event”).

9. Indemnification

You agree to indemnify, defend, and hold harmless Creative Labs LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to: (a) any content, materials, or data you provide to us for use in connection with the Services; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right; or (d) any third-party claims alleging that materials you provided infringe upon the intellectual property rights, privacy rights, or other rights of any third party.

Creative Labs LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

10. Termination

Either party may terminate the Services or any active Statement of Work by providing thirty (30) days' written notice to the other party. Written notice may be delivered via email to the address on file for the receiving party.

Upon termination: (a) you shall pay Creative Labs LLC for all Services performed and expenses incurred through the effective date of termination; (b) any outstanding invoices shall become immediately due and payable; and (c) Creative Labs LLC will deliver to you all completed work product through the date of termination, subject to receipt of full payment.

Creative Labs LLC reserves the right to immediately suspend or terminate your access to the Services, without prior notice, if you fail to make any payment when due, breach any material provision of these Terms, or engage in conduct that we reasonably determine to be harmful to our business, reputation, or other users.

11. Dispute Resolution

These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the matter through good-faith mediation administered by a mutually agreed-upon mediator. If mediation does not resolve the dispute within sixty (60) days of the initial mediation request, either party may submit the dispute to final and binding arbitration conducted in Cheyenne, Wyoming, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Each party shall bear its own costs and expenses in connection with any mediation or arbitration proceeding, unless the arbitrator determines otherwise. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

12. Third-Party Services

In the course of providing our Services, Creative Labs LLC may integrate with, connect to, or recommend third-party platforms, tools, and services, including but not limited to Shopify, Shopify Plus, Salesforce Commerce Cloud, Klaviyo, HubSpot, Google Analytics, Meta Business Suite, and various payment processors, hosting providers, and API services.

Your use of any third-party services is governed by the respective terms of service, privacy policies, and end-user agreements of those third-party providers. Creative Labs LLC is not responsible for the availability, accuracy, content, or practices of any third-party services and shall not be liable for any loss or damage caused by your use of or reliance on such services.

13. Modifications to Terms

Creative Labs LLC reserves the right to modify, update, or replace these Terms at any time at our sole discretion. When we make changes, we will update the “Last updated” date at the top of this page. For material changes that significantly affect your rights or obligations, we may also provide additional notice through a banner on our website or via email.

Your continued use of the Site or Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Site and Services immediately.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.