Terms of service
Overview
Formsmith operates an e-commerce platform hosted on Shopify, offering digital products tailored for designers, creatives, and branding specialists. Our products include, but are not limited to, templates, ebooks, guides, tools, and digital assets.
Digital Products
Our digital products are subject to specific licenses outlined at the time of purchase. Buyers must adhere to the license terms specified in the product download. By purchasing a product from Formsmith, you agree to abide by the terms of the license.
License Inclusions:
By downloading, using, or purchasing digital products (free or paid) from Formsmith, you agree that under no circumstances will you use any product other than for its intended purpose and what this license permits. Your purchase, use of our website, and download of our products constitutes your full acceptance of this license and our Terms of Use. If you do not agree with these terms, you should not use our products or our website.
This License Agreement ("Agreement") is entered into between the Licensee and the Licensor (Formsmith).
-
Grant of License
1.1 Licensor hereby grants Licensee a non-exclusive, non-transferable license to use the digital product ("Product") only as described below.
1.2 Licensee may use the Product as a freelancer, business, agency, or studio, including non-profit organizations, to showcase work and deliver services to clients.
1.3 Licensee may claim modified versions of the Product as their own work by incorporating their branding and work for use in client services or internal business operations.
i. This includes using the Product to sell and create client services within their company or for employee use.
ii. This does not include reselling the Product or using it for direct commercial redistribution. See 1.7 and 2.1.
1.4 Licensee may not claim the modified Product as their original intellectual property outside of client-related work.
1.5 Licensee may never claim the original, unmodified Product as their own work.
1.6 Licensee may not use the Product in printed advertising such as billboards, flyers, signage, etc.
1.7 Licensee may not use the Product in digital ads (social media, websites, etc.), paid or unpaid, without crediting or tagging Formsmith.
1.8 Licensee may not resell, rent, share, copy, or redistribute any product (or modified version) to third parties. This includes friends, family, and other businesses.
1.9 Licensee may use the Product to create their own social media content, such as showcasing client work made with the Product, without crediting Formsmith. This does not apply to using the Product in digital advertising, which is covered under 1.7.
1.10 Licensee agrees not to use any Product in ways that could harm Formsmith's reputation. -
Intellectual Property
2.1 All products are the property of Formsmith and are protected by U.S. copyright law. Licensee agrees not to resell or claim ownership of any part of the Product, including modified versions. -
Modification of Products
Formsmith reserves the right to update, change, or discontinue digital products at any time without notice. Purchasing a digital product does not guarantee access to future updates or versions. -
Refunds
Due to the digital nature of our products, all sales are final. No refunds or exchanges will be given. If you have questions before or after purchase, please contact us at contact@formsmith.studio. -
Governing Law
These Terms and this Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Florida, without regard to its conflict of law principles. Any disputes shall be resolved exclusively in the courts located in Florida. -
Liability
6.1 No Guarantees
We make no guarantees about the effectiveness, accuracy, or reliability of the information provided through our products or website. You use this information at your own risk.
6.2 Personal Responsibility
You are solely responsible for how you use our content. We are not liable for your business decisions, outcomes, or any claims related to the use of our products or site.
6.3 Limitations on Liability
Formsmith will not be held liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Product, unauthorized access to your data, third-party statements or conduct related to the Product, or any other matter related to the Product.
6.4 You agree to indemnify and hold harmless Formsmith and its affiliates, employees, and contractors from any claims, damages, or expenses resulting from your breach of this Agreement.
6.5 Formsmith makes no warranty, express or implied, regarding product accuracy, completeness, or usability.
6.6 Formsmith is not liable for any user-generated content added to products after purchase. -
Payment and Refunds
7.1 All sales are final. We do not offer refunds or exchanges on digital products. Please ensure compatibility with your software before purchasing. -
Intellectual Property
8.1 All Formsmith digital products are protected by copyright. Purchasing a product grants you a non-exclusive, non-transferable license for personal or business use as outlined. You may not resell, redistribute, or modify these products beyond license terms. -
Prohibited Activities
9.1 You may not resell, redistribute, or republish our products. Unauthorized use or sharing is strictly prohibited and may lead to legal action. -
User Conduct
10.1 You agree not to use our site or products for any unlawful purpose or to upload content that infringes upon others' rights or is otherwise inappropriate. -
Limitation of Liability
11.1 To the fullest extent permitted by U.S. law, Formsmith and its affiliates are not liable for any direct or indirect damages from using our platform or products. -
Governing Law & Disputes
12.1 These Terms are governed by U.S. federal law and the laws of the State of Florida. Any disputes will be resolved in courts located within Florida.
Changes To Terms
We may revise these Terms at any time. Continued use of our platform after changes are posted constitutes your acceptance of those changes.
Contact Us
If you have questions or would like to exercise your privacy rights, contact us at contact@formsmith.studio or by filling out our contact form.
By using our website or purchasing our products, you confirm that you have read, understood, and agree to these Terms of Service. If you do not agree, please discontinue use of our site and services.
