Terms of Service

Softcrest ("the Company") Terms of Service Last Updated: 2026-07-15 Thanks for wanting to work with us. Before we get started, take a minute to read through these Terms of Service (the "Terms"). They govern how you use our website at Softcrest, the digital services and design work we deliver ("Services"), and the strategic advice you get through our site and our engagements. We call all of this together the "Services." Using our Services means you're agreeing to these Terms. If you're not comfortable with them, don't use the Services. Our Privacy policy covers how we handle your information. Let's build something great together.

1. Arbitration, Class Actions, Damages and Refunds.

IMPORTANT NOTICE REGARDING ARBITRATION: By agreeing to these Terms, you're choosing (with very limited exceptions) to settle any dispute with us through binding arbitration rather than court. Sections 13 ("GOVERNING LAW AND FORUM CHOICE") and 14 ("DISPUTE RESOLUTION") have the details on arbitration, including how to opt out. These Terms also mean you're waiving your right to bring a class action against us and limiting the damages you can recover. Using the Services means you accept these terms. Don't use the Services if you disagree. EXCEPT IN LIMITED CASES (SEE SECTION 5), ONCE WE'VE COMPLETED YOUR DELIVERABLES AND SERVICES, THEY'RE NOT REFUNDABLE. 2. Changes to Terms or Services. We can update these Terms anytime. If we do, we'll let you know the way described in Section 15(d). You need to agree to the updates to keep using the Services. If you don't agree, you can't use the Services anymore (except as noted in Section 14(h) "Effect of Changes on Arbitration"). Our Services keep evolving, so we might change or stop offering any or all of them without warning. We can also modify how we approach your project as long as you're on board with it.

3. Who May Use the Services and How?

(a) Eligibility. You need to be at least 18 and capable of entering a legal agreement with us. You also can't be barred from using the Services under any law. (b) Service Access. You might need to create an account with Softcrest ("Your Account") to use our Services. Any platform you access us through has its own terms that might apply too. If there's a conflict between their terms and ours, ours come first. (c) Your Account. When you sign up, we collect information about you as explained in our Privacy Policy. We use that to set up your account and you can add more details as we work together ("Account"). (d) Accuracy of Account Information. Keep your Account information correct and current. If you don't, we might suspend or shut down your account and our engagement.

4. Company Content.

(a) Company Content. For these Terms, "Content" means text, graphics, images, documents, software, video, any kind of creative work, and anything else made available through the Services. Softcrest and its licensors own everything about the Services and Content, including all intellectual property. (b) Deliverables. We provide design systems, strategic documents, brand guidelines, and digital assets as part of what we deliver ("Deliverables"). That might include brand positioning, color systems, typography, website designs, documentation, or strategy outputs that boost your professional credibility. You might also get access to strategy sessions or ongoing support depending on what we agreed to. Some Deliverables come with their own terms. All Deliverables stay Softcrest's property unless we transfer them to you in writing. They have no resale value and can't be refunded or traded for money. You can't transfer, sell, or trade Deliverables without our written okay. Using and accessing Deliverables means you follow the license terms in these Terms. We can revoke your license anytime with no liability to you. Your engagement might have extra restrictions on how you use Deliverables that we'll communicate separately. We can modify, replace, suspend, cancel, or remove any Deliverable and your access to it without notice or liability. (c) License and Usage. We might offer project agreements that spell out what you can do with our Services and Deliverables (a "License Agreement"). These are personal to you and can't be transferred or sold. If we think you've committed fraud or broken these Terms, we can revoke your rights to use our Services. Deliverables aren't redeemable for cash or anything with monetary value. (d) Rights in Content Granted by Company. As long as you follow these Terms, Softcrest gives you a limited, exclusive license with no sublicense rights to (i) access and view the Content including any Deliverables you received; (ii) use those Deliverables only for what we agreed to in your engagement. You can't (w) copy, modify, or make derivative work from the Services without permission; (x) distribute, transfer, sublicense, lease, lend, or rent our Services to anyone; (y) reverse engineer or take apart the Services; or (z) make the Services available to multiple users. Softcrest keeps all rights to the Services and Content that we don't expressly give you. (e) Usage and Attribution. Feel free to use our Services and Deliverables as long as you (i) use them only for your professional practice and brand; (ii) don't charge clients extra for work based on our Services without our written permission; (iii) keep professional standards in everything you do; (iv) don't run public competitions with our intellectual property without our written permission, which might come with other requirements; and (v) credit Softcrest in your portfolio or case studies if you share your work publicly. 5. Payments. When you hire Softcrest for Services, you're authorizing us to charge you according to what we proposed or agreed to. We might ask for information relevant to your engagement like your payment method, company details, and contact information ("Payment Information"). You agree our payment terms and any third-party processor's terms also apply. When you start an engagement, you authorize us to share your Payment Information with third parties to complete your transaction and charge your payment method for the Services you picked (plus taxes and any other charges). You might need to give us additional information to verify who you are (that's part of Payment Information). BASED ON THE REFUND POLICY IN YOUR ENGAGEMENT AGREEMENT, YOUR ENGAGEMENT IS FINAL AND YOU CAN'T CANCEL IT OR GET A REFUND ONCE WORK HAS STARTED. If something goes wrong when you're starting your engagement, we can decline your project for any reason and refund what you've already paid. 6. Development and Testing. Sometimes we offer early access to ideas or draft work ("Development Work"). It's not guaranteed to be final and might need significant changes or a new direction. When you review Development Work, you agree to this (a) Softcrest might automatically delete or change any software, data, ideas, or other materials related to Development Work anytime; (b) we might stop or end your access to Development Work anytime, which would make it unusable; (c) if we discontinue or end Development Work, you'll delete any local copy and everything we shared with you connected to it; (d) you won't get paid for reviewing Development Work; and (e) reviewing Development Work doesn't mean you get the final deliverables, and you might need to hire us separately for the full project. 7. General Prohibitions and Softcrest's Enforcement Rights. You agree not to do any of this: (a) use the Services for resale or commercial purposes without our permission or unless these Terms specifically allow it; (b) do anything we find objectionable, fraudulent, or that disrupts our work together, like making false claims about our Services or work; (c) remove or get around anything that stops misuse of the Services; (d) fake any communication or pretend to be someone else when talking to us or using the Services; (e) collect or save anyone's personal information from the Services without their permission; (f) break any law or rule; or (g) push someone else to do any of the above. We don't have to monitor the Services or Content, but we have the right to do it to run the Services, make sure you're following these Terms, and meet legal requirements. 8. Links to Third Party Websites or Resources. The Services might link to other websites or resources. We just put those links there for convenience and aren't responsible for what's on them or any problems they cause. You're responsible for any risks from using third-party websites or resources. 9. Termination. We can stop your access to the Services anytime at our discretion without warning. If we terminate your access, your account, or the Services, these sections stay in effect: 4(a), 4(b), and 10 – 15.

10. Warranty Disclaimers.

(a) Disclaimers with Respect to Our Services and Content. THE SERVICES AND CONTENT COME "AS IS" WITH NO WARRANTIES. WE DON'T GUARANTEE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE'RE NOT RESPONSIBLE FOR ANY IMPLIED WARRANTIES OR ONES THAT COME FROM HOW YOU'VE DEALT WITH US BEFORE OR INDUSTRY PRACTICES. We don't promise the Services will do what you need or run without interruption, security issues, or errors. We don't promise anything about the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content. (b) Disclaimers with Respect to Third-Party Tools and Platforms. The Services might need third-party software, platforms, or tools like design apps, hosting services, or analytics ("Third-Party Tools"). You agree that Softcrest isn't responsible for them or any issues they cause. You're responsible for reading warnings or instructions that come with Third-Party Tools and making sure your use of our Services, including deliverables, follows those instructions. 11. Indemnity. You'll protect and hold harmless Softcrest and its officers, directors, employees, agents, contractors, and other representatives from any claims, disputes, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal and accounting fees) that come from (i) how you access or use the Services or Content, or (ii) breaking these Terms.

12. Limitation of Liability.

(a) SOFTCREST AND ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT ISN'T LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR SUBSTITUTE SERVICES OF ANY KIND ARISING FROM THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR CONTENT. THIS APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND APPLIES EVEN IF SOFTCREST WAS TOLD THE DAMAGE MIGHT HAPPEN. SOME PLACES DON'T ALLOW EXCLUDING OR LIMITING LIABILITY FOR INDIRECT OR SPECIAL DAMAGES, SO THIS MIGHT NOT APPLY TO YOU. (b) ASSUMPTION OF RISK. YOU ACCEPT ALL RISKS FROM USING THE SERVICES, INCLUDING RISKS FROM THIRD-PARTY PLATFORMS, TECHNOLOGY CHANGES, OR BUSINESS CHANGES THAT MIGHT AFFECT HOW OUR WORK APPLIES. SOFTCREST ISN'T LIABLE FOR ANY CLAIM OR LEGAL THEORY ARISING FROM THOSE RISKS. (c) SOFTCREST'S TOTAL LIABILITY FROM THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR CONTENT WON'T EXCEED WHAT YOU'VE PAID TO SOFTCREST OR ONE HUNDRED DOLLARS (""), WHICHEVER IS LARGER. (d) THE EXCLUSIONS AND LIABILITY LIMITS ABOVE ARE CORE TO OUR AGREEMENT. 13. Governing Law and Forum Choice. These Terms and anything related follow the Federal Arbitration Act, federal arbitration law, and Washington State law, without regard to conflict of laws. Except as stated in Section 14 "Dispute Resolution," any Dispute (defined below) that you and Softcrest don't have to arbitrate goes to state and federal courts in Seattle, and you both waive any objection to that jurisdiction.

14. Dispute Resolution.

(a) Mandatory Arbitration of Disputes. Any Dispute—meaning any disagreement, claim, or controversy from these Terms, their breach, enforcement, interpretation, validity, or use of the Services or Content—gets settled by binding individual arbitration, not in a class, representative, or consolidated action. You and Softcrest agree the U.S. Federal Arbitration Act controls how these Terms are interpreted and enforced. You're both giving up the right to a jury trial or to participate in a class action. This arbitration clause survives if these Terms end. (b) Location of Arbitration. If you live in the United States, arbitration happens in your state. (c) Exceptions. These Disputes can go to court instead of arbitration (i) Disputes that qualify for small claims court; and (ii) Disputes about our intellectual property infringement or misappropriation. (d) Opt-out: You can opt out of arbitration and sue us if you email info@softcrest.space within 30 days of first agreeing to these Terms. (e) Conducting Arbitration and Arbitration Rules. The American Arbitration Association ("AAA") conducts the arbitration under its Consumer Arbitration Rules ("AAA Rules"), except as we change them here. Find the AAA Rules at www.adr.org or call 1-800-778-7879. To start arbitration, you submit a written Demand for Arbitration to AAA and notify us as the AAA Rules say. You can find their form Demand for Arbitration at www.adr.org. If your claim is for less than "", you pick whether the arbitration is documents-only, by phone or video, or in person under AAA Rules. If it's over "", the AAA Rules decide if you get a hearing. Arbitration happens in your county unless you both agree somewhere else. You and Softcrest agree the arbitrator has full power to decide everything about interpreting, applying, enforcing, and the scope of this arbitration clause. (f) Arbitration Costs. The AAA Rules govern who pays filing, administration, and arbitrator fees. We pay all those fees if your Dispute is under "", unless the arbitrator thinks it's frivolous. If we win arbitration, we pay our lawyers' fees and costs and won't ask you to cover them. If you win, you get your lawyers' fees and expenses as the law allows. (g) Class Action Waiver. YOU AND SOFTCREST AGREE EACH CAN ONLY BRING CLAIMS INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. If your dispute goes to arbitration, the arbitrator can't combine another person's claims with yours and can't oversee any representative or class proceeding. If this provision isn't enforceable, the whole Dispute Resolution section becomes null. (h) Effect of Changes on Arbitration. Even though Section 1 "Changes to Terms or Services" lets us change things, if Softcrest changes Section 14 "Dispute Resolution" after you agreed to these Terms, you can reject that change by emailing info@softcrest.space within 30 days of when it took effect (shown in the "Last Updated" date or our email to you). By rejecting the change, you agree to arbitrate any Dispute using Section 14 "Dispute Resolution" as it was when you first agreed to these Terms. (i) Severability. Except for Section 14(g) ("Class Action Waiver"), if an arbitrator or court decides any part of these Terms is invalid, the rest stays in effect.

15. General Terms.

(a) Entire Agreement. These Terms and anything else mentioned in them make up the whole agreement between Softcrest and you about the Services and Content. They replace any earlier conversations or agreements between us. (b) Severability. The provisions of these Terms will be read as broadly as the law allows. If any part isn't enforceable, the rest still applies. (c) No assignment. You can't assign or transfer these Terms to someone else. (d) Notices. Any notices Softcrest sends under these Terms, including ones about changes, go to you (at our discretion) (i) via email; (ii) in your client portal or engagement communications; or (iii) by posting on our Site. (e) No Waiver. Neither party's actions or inactions create any other rights under these Terms beyond what's written. If Softcrest doesn't enforce a right or provision, that's not a waiver. Any waiver only works if it's in writing and signed by an authorized Softcrest rep. Using any remedy under these Terms doesn't affect any other remedies available. 16. Contact Information. Questions about these Terms or the Services? Email us at info@softcrest.space.