Terms of Service

Effective date: October 14, 2026 · Last updated: October 14, 2026

These Terms of Service ("Terms") govern your use of blackheroncreativestudio.com (the "website"), operated by Black Heron LLC ("Black Heron," "we," "us," or "our"). By using the website, you agree to these Terms. If you do not agree, please do not use the website.

Our Privacy Policy and Cookie Policy explain how we handle personal information and cookies. They are separate notices and are not part of these Terms.

1. Our Services

Black Heron LLC provides branding, design, web development, and related creative and strategic services to businesses. The scope, deliverables, timeline, fees, ownership of work product, and other terms of any engagement are set out in a separate written agreement signed by Black Heron LLC and the client (an "engagement agreement").

These Terms govern use of the website only. The engagement agreement governs the work itself. If the two conflict, the engagement agreement controls.

2. Eligibility

The website and our services are intended for businesses and for individuals aged 18 or older acting on behalf of a business. By using the website, you confirm that you meet this requirement.

3. Use of the Website

You agree to use the website lawfully and not to:

Use the website in any way that violates applicable law or regulation.

Attempt to gain unauthorized access to any part of the website, its systems, or its accounts.

Interfere with or disrupt the website's operation or security, including by introducing malicious code or using automated means to overload it.

Scrape, copy, reproduce, or redistribute website content, except as permitted by law or with our written permission.

Submit false or misleading information through our inquiry form.

4. Intellectual Property

All content on the website, including text, design, graphics, imagery, code, logos, and the Black Heron name and marks, is owned by Black Heron LLC or its licensors and is protected by intellectual property law. You may view the website for your own business evaluation. Any other use requires our prior written consent.

Portfolio work shown on the website may belong to our clients and is displayed with their permission. Ownership of work product created during an engagement is governed by the engagement agreement, not these Terms.

5. Inquiries and Proposals

Submitting an inquiry does not create a contract or any obligation for either party. An engagement begins only when both parties sign an engagement agreement. Any pricing or scope discussed before then is indicative only and is confirmed in a written proposal.

6. Payments

Payments for engagements are processed through our payment provider, Stripe, and are governed by the engagement agreement, which sets out payment schedules, deposits, and refund terms.

7. Third-Party Links and Services

The website may link to, or rely on, third-party websites and services. We do not control them and are not responsible for their content, availability, or practices. Your use of them is governed by their own terms.

8. Disclaimers

The website and its content are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.

Content on the website is for general information only. Industry statistics referenced on the website come from third-party sources and represent general findings, not guarantees of results for your business.

9. Limitation of Liability

To the fullest extent permitted by law, Black Heron LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising from or related to your use of, or inability to use, the website. Our total liability for any claim arising from your use of the website will not exceed one hundred U.S. dollars (US$100).

Our liability in connection with an engagement is governed exclusively by the engagement agreement. Nothing in these Terms limits liability that cannot be limited under applicable law.

10. Indemnification

You agree to indemnify and hold harmless Black Heron LLC and its owners, contractors, and agents from any claims, losses, liabilities, and expenses (including reasonable legal fees) arising from your misuse of the website or your violation of these Terms.

11. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles. Any dispute arising from these Terms or your use of the website will be resolved exclusively in the state courts located in Broward County, Florida, or the United States District Court for the Southern District of Florida, and you consent to the jurisdiction of those courts. If you are a consumer, this does not deprive you of any mandatory protection under the law of the country where you live.

12. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top shows the latest version. Changes apply from the date they are posted and do not affect disputes that arose before that date. Your continued use of the website after changes are posted means you accept the updated Terms.

13. General

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver of our right to do so later. These Terms, together with any engagement agreement, are the entire agreement between you and us regarding the website. You may not assign your rights under these Terms without our consent.

14. Contact Us

Questions about these Terms can be sent to:

Black Heron LLC

2091 Augusta, Weston, FL 33326, United States

hello@blackheroncreativestudio.com