Terms of Service

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the design services, websites, portals, communication tools, and associated offerings provided by LaunchByte Ltd (“LaunchByte,” “we,” “our,” or “us”). These Terms apply to all users of our Services, including individuals, businesses, agencies, and their respective representatives, and form a legally binding agreement between you and LaunchByte. By accessing or using our Services, you confirm your acceptance of and agreement to these Terms in full. These Terms are made available via our client portal and are deemed accepted by continued use of our Services.

2. Eligibility and Capacity

By accessing or using LaunchByte’s Services, you confirm that you are at least 18 years of age and possess the legal capacity to enter into binding agreements. If you are accessing or using our Services on behalf of a company, organisation, or other legal entity, you warrant that you are authorised to bind such entity to these Terms and that all information provided to LaunchByte is accurate, complete and truthful.

3. Our Services

LaunchByte offers subscription-based and project-based creative services, which include but are not limited to graphic design, video editing, motion graphics, animation, branding,graphic design, branding, marketing content, digital and print-ready assets, and other forms of visual communication. Clients may submit requests at any time through our client portal.

Each task is managed by our in-house project management team, who oversee and coordinate the workflow of incoming requests. LaunchByte will determine the priority of work based on current workload, resource availability, and the urgency or complexity of each brief. Clients may also indicate preferred priorities, and where possible, we will accommodate these preferences.

Tasks are scheduled and managed within a structured workflow, and depending on the Client’s subscription tier, multiple active requests may be handled concurrently. Where more than one task is allowed, we will process them accordingly. Additional queued tasks will be commenced once the active tasks are completed and signed off.

Work is typically completed on a first-in, first-out basis unless otherwise agreed in writing.

We also provide white-label solutions for agencies and partners wishing to present our work under their own brand identity. White-label services must be specifically requested and confirmed in writing prior to the commencement of work. These services may be subject to additional charges depending on the level of anonymity and integration required. Our standard services include defined deliverables, iterative feedback cycles, and a process for approval and handover of final assets.

4. Client Responsibilities

Clients agree to engage with LaunchByte in a timely, cooperative, and professional manner. This includes:

• Submitting complete and well-defined briefs with clear instructions and relevant materials;

• Providing all necessary brand assets or content in a usable format;

• Giving prompt, constructive feedback and approvals;

• Treating LaunchByte personnel with respect at all times.

Clients must not submit content or requests that are illegal, defamatory, offensive, or infringe on any third-party intellectual property rights. Failure to adhere to these responsibilities may lead to delays, queue pauses, or termination of service.

5. Subscription and Payment Terms

Our services are provided on a rolling monthly or annual subscription basis or as fixed-fee projects, depending on the package selected. All subscription fees must be paid in advance and are processed via Stripe or direct bank transfer. Fees are exclusive of VAT unless otherwise stated.

Subscriptions renew automatically at the end of each billing period. Clients must notify LaunchByte in writing at least three (3) working days prior to renewal to amend their plan. Refunds are not available for partial months, cancellations mid-cycle, or unused services.

LaunchByte reserves the right to modify pricing or plans with a minimum of thirty (30) days’ written notice. Continued use after such changes constitutes acceptance of the revised terms.

If payment is not received by the due date, LaunchByte reserves the right to immediately suspend or pause access to Services without further notice. Work queues will be placed on hold until the outstanding balance is settled. Repeated payment failures may result in permanent termination of the Client’s account and forfeiture of any active queue positions.

In the event of non-payment, LaunchByte shall not be liable for any missed deadlines, project delays, or losses incurred by the Client. Late payments may incur interest at a rate of 4% per month above the Bank of England base rate or the maximum allowed by law, whichever is lower.

6. Scope of Work and Turnaround

Clients may submit unlimited requests under active subscription plans; however, work will be actioned one task at a time unless stated otherwise. Most standard requests are completed within 1–3 working days. Timelines may vary depending on the complexity of the request, the quality of the brief, and the speed of client feedback.

Urgent or high-priority requests must be flagged as such and may require separate arrangements or incur an additional fee. Projects requiring longer turnaround times will be estimated and managed with transparency. Work is considered complete upon written approval or if no feedback is received within seven (7) calendar days.

7. Revisions Policy

Clients are entitled to unlimited revisions per task, provided the changes remain within the scope of the original brief. Substantial changes to objectives, format, or creative direction may constitute a new request and be reprioritised in the queue accordingly.

LaunchByte retains the right to determine what qualifies as a revision versus a new task. Revision requests must be submitted within five (5) working days of receiving the draft. Delays in feedback may affect scheduling and turnaround times.

8. Intellectual Property and Licensing

Upon final approval and full settlement of all fees, the Client shall own all rights, title and interest in the final deliverables. This includes commercial usage rights unless otherwise agreed. Working files (such as AI, PSD or Figma files) are available upon request unless excluded from the selected service tier.

LaunchByte may use licensed third-party assets (e.g. fonts, stock images) in designs. These elements may be subject to separate licence terms, and while the Client may use them as part of the final deliverables, they may not extract or reuse these assets independently unless properly licensed by the Client.

9. Confidentiality

LaunchByte agrees to treat all information, materials, and communications shared by the Client as confidential, and shall not disclose such information to any third party except as required by law or as necessary to deliver the Services. The Client agrees to the same duty of confidentiality with respect to any proprietary methods or practices disclosed by LaunchByte.

Confidentiality obligations remain in force during and after termination of the working relationship.

10. White-Label Service Terms

LaunchByte offers a white-label service whereby Clients can present the work produced by LaunchByte as their own, with no reference or attribution to LaunchByte. This arrangement is particularly suitable for agencies or resellers who wish to offer creative services under their own branding.

To initiate a white-label relationship, the Client must request this service explicitly and obtain written confirmation from LaunchByte before any design work begins. Under the terms of this agreement:

• All deliverables will be provided without LaunchByte branding or watermarks.

• LaunchByte will not publicly display, reference, or share the work on its website, portfolio, or social media.

• Communication with the Client will be conducted in a neutral manner, and our team will act under the Client’s agency structure as appropriate.

Additional fees may apply depending on the level of discretion and anonymity required. White-label protection is not retroactive and only applies once formally agreed.

11. Promotional Use and Portfolio Rights

Unless otherwise agreed in writing, the Client grants LaunchByte a limited licence to use completed, approved work for promotional purposes. This may include inclusion in our online portfolio, website, social media platforms, presentations, and other marketing channels.

Clients who do not wish their work to be featured must notify LaunchByte in writing within fourteen (14) calendar days of project completion. Requests received after this period may not be accommodated if the content has already been published.

LaunchByte will never share confidential, unpublished, or white-labelled work. Consent for portfolio use may be withdrawn at any time with reasonable notice, although this will not affect any previously distributed materials.

12. Client Materials

The Client agrees that any materials supplied to LaunchByte (including but not limited to logos, images, brand assets, documents, fonts, or written content) are either owned by the Client or properly licensed for use. The Client shall remain solely responsible for ensuring that their use of such materials does not infringe any third-party intellectual property rights.

LaunchByte shall not be held liable for any claims or damages arising from the unauthorised use of third-party content provided by the Client. In such cases, the Client agrees to fully indemnify and hold harmless LaunchByte against all resulting liabilities, legal expenses, and claims.

13. Review & Approval Responsibility

Clients are responsible for reviewing all drafts, deliverables, and final outputs provided by LaunchByte. This includes, but is not limited to, checking for errors in spelling, grammar, layout, formatting, colours, resolution, and accuracy in the representation of brand guidelines or data.

LaunchByte shall not be liable for any issues or damages resulting from errors that were not identified and reported by the Client prior to approval. If the Client fails to respond with feedback or approval within seven (7) calendar days of delivery, the deliverable shall be deemed accepted and approved. Revisions requested after this period may be considered a new task, subject to additional turnaround time or charges.

14. Feedback and Suggestions

Any ideas, suggestions, feedback or proposals that the Client submits in relation to LaunchByte’s Services or business operations are provided voluntarily and without expectation of compensation. By submitting such input, the Client grants LaunchByte an irrevocable, perpetual, royalty-free licence to use, implement, modify, and incorporate the feedback in current or future offerings.

LaunchByte is under no obligation to acknowledge, use, or respond to any suggestions received. The Client confirms that their feedback does not contain confidential or proprietary information of third parties.

15. Communication Channels

All project communications, briefing, feedback and file delivery must be conducted through LaunchByte’s approved channels: the LaunchByte client portal, email from official LaunchByte addresses, or Slack (by invitation only).

LaunchByte shall not be responsible for lost messages, miscommunication, or delays resulting from communication via non-official channels such as WhatsApp, text messages, social media, or personal email addresses. Clients are encouraged to document all instructions and feedback via the designated portal or email to ensure accountability and accurate service delivery.

16. Use of Subcontractors

While the majority of LaunchByte’s Services are delivered by our in-house team of designers, developers, and strategists, we may, where necessary, engage trusted external contractors for administrative, technical, or operational tasks. These may include but are not limited to customer support, finance, compliance, and resource management functions.

All subcontractors engaged by LaunchByte are bound by strict confidentiality and data protection obligations and are contractually prohibited from sharing or using client information beyond the scope of their assignment. LaunchByte maintains full responsibility for the quality and integrity of work produced under such arrangements.

17. Fair Usage Policy

LaunchByte operates on an “unlimited design” model, but this is subject to reasonable and fair usage. To ensure that all Clients receive timely and high-quality service, LaunchByte expects Clients to:

• Submit clear, structured briefs that are actionable;

• Avoid submitting excessive or low-priority tasks simultaneously;

• Provide timely feedback;

• Avoid multiple ongoing revision loops across numerous requests.

LaunchByte may temporarily limit queue capacity, pause service, or schedule a usage review with the Client if behaviour indicates unreasonable or abusive usage of the subscription.

18. Service Level Disclaimer

LaunchByte aims to meet client expectations in terms of quality and turnaround time. However, the Client acknowledges that the nature of design work is subject to variable timelines, iterative feedback loops, and creative judgment. As such, we make no absolute guarantees regarding response time or delivery speed.

Factors such as public holidays, internal team changes, high volume periods, and insufficient client input may extend turnaround times. Clients are encouraged to submit time-sensitive requests with appropriate notice and should not treat any estimated delivery time as a legally binding deadline unless contractually agreed.

19. Testimonials and Case Study Consent

LaunchByte may from time to time request permission to feature the Client’s name, logo, work samples or testimonial statements for the purpose of creating marketing materials, case studies, or promotional content. Such usage shall only occur with the Client’s prior written consent.

The Client may withdraw consent at any time by written request. LaunchByte will honour such requests for future use and, where reasonable, remove references from marketing channels. However, previously published materials may not always be retracted if doing so is disproportionately burdensome.

20. No Employment or Agency Relationship

Nothing in these Terms shall be construed as creating a partnership, employment relationship, agency, joint venture, or fiduciary obligation between the Client and LaunchByte. The Client agrees and acknowledges that LaunchByte acts as an independent contractor in the provision of Services.

As such, LaunchByte’s staff and contractors are not entitled to any employment benefits, including pensions, holiday pay, sick pay, insurance, or other entitlements that would typically apply to employees. Likewise, the Client is not authorised to make commitments on behalf of LaunchByte or represent it in any legal or commercial capacity.

20. No Employment or Agency Relationship

21. Governing Language

These Terms are drafted in English (UK) and shall be interpreted according to that version. Any translated versions provided are for convenience only. In the event of a conflict or ambiguity between the English version and any translation, the English version shall take precedence.

All formal notices, communications, and legal proceedings under these Terms shall be conducted in English.

22. Use of AI and Automation Tools

LaunchByte may utilise artificial intelligence (AI), machine learning models, or automated software platforms to support aspects of design production, content generation, or project workflow. These technologies are used strictly under human supervision and do not replace direct oversight by trained creative professionals.

Examples of such tools may include language and design assistants (e.g., ChatGPT, Midjourney, Adobe Sensei). All final deliverables are curated and edited by a human designer prior to client delivery. If the Client prefers work to be carried out exclusively by human creators, they must notify LaunchByte in writing before the task begins. Any such request may result in modified timelines or additional charges.

23. File Retention Policy

LaunchByte will retain final approved design files for a period of ninety (90) calendar days from the date of project completion. This includes, where applicable, source files (e.g. PSD, AI, INDD) and exported deliverables (e.g. PNG, PDF, MP4). After this retention period, files may be permanently deleted as part of regular system maintenance and data management.

It is the Client’s responsibility to download and back up all required files within this time frame. Requests to recover files after the retention period may not be fulfilled or may incur administrative charges.

24. Use of Third-Party Tools and Integrations

LaunchByte may incorporate third-party software and platforms into its project management and delivery process. These tools include, but are not limited to: Figma, Trello, Slack, Notion, Google Workspace, Adobe Creative Cloud, and file storage services such as Dropbox.

While LaunchByte makes every effort to select secure and reliable platforms, we are not liable for any downtime, data loss, or unauthorised access arising from these tools. Clients are responsible for their own conduct and data security when interacting with shared folders or integrations provided by LaunchByte.

25. Mutual Non-Disparagement

Both LaunchByte and the Client agree not to make any public statements, publish content, or engage in conduct that may be deemed defamatory, misleading, or damaging to the other party’s professional reputation.

If a concern or dispute arises, both parties agree to first attempt to resolve the matter confidentially and in good faith. Public airing of grievances—such as on social media, public review platforms, or through third-party channels—without attempting internal resolution will be considered a material breach of this agreement and may result in legal action.

26. Limitation of Liability

To the fullest extent permitted under applicable law, LaunchByte Ltd shall not be held liable to the Client or any third party for any indirect, incidental, special, punitive, exemplary or consequential loss or damage, including (without limitation) loss of profits, loss of revenue, loss of anticipated savings, loss of data, loss of contracts, business interruption, or loss of goodwill, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, and even if foreseeable or advised of the possibility of such damages.

LaunchByte’s total aggregate liability to the Client, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not in any circumstances exceed the total amount paid by the Client to LaunchByte in the thirty (30) calendar days immediately preceding the date on which the claim arose.

The Client acknowledges that this limitation of liability is a fair and reasonable allocation of risk and is reflected in the pricing of the Services. This clause shall not limit or exclude liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any matter for which it would be unlawful to exclude or restrict liability.

27. Termination and Suspension

Either party may terminate this agreement for any reason by giving thirty (30) days’ written notice. In the event of such termination, LaunchByte will deliver all completed and approved work up to the effective termination date, but shall not be required to continue or complete any outstanding requests beyond that date unless separately agreed.

LaunchByte reserves the right to suspend or terminate a Client’s access to the Services with immediate effect and without notice in cases of:

• Non-payment of fees;

• Abusive or inappropriate behaviour towards staff;

• Use of the Services for unlawful, fraudulent, or prohibited activities;

• Repeated breach of the Fair Usage Policy or these Terms;

• Any activity that, in LaunchByte’s sole discretion, may cause reputational harm or operational risk.

No refund or credit will be provided in the event of termination for cause. Upon termination, the Client must cease use of any draft or unapproved materials and ensure that any confidential content belonging to LaunchByte is deleted or returned.

28. Indemnification

The Client agrees to indemnify, defend, and hold harmless LaunchByte Ltd, its directors, officers, employees, agents, contractors, and affiliates from and against any and all losses, liabilities, damages, costs, expenses, and claims (including legal fees and costs) arising out of or in connection with:

• The Client’s use or misuse of the Services;

• The Client’s breach of these Terms;

• Any content, materials, or data provided by the Client that infringes the rights of a third party;

• Any negligence or wilful misconduct by the Client.

This indemnity shall survive termination of the agreement and is in addition to, and not in substitution for, any other rights LaunchByte may have.

29. Force Majeure

LaunchByte shall not be held liable for any failure or delay in performing its obligations where such failure or delay results from causes beyond its reasonable control. This includes, but is not limited to, acts of God, fire, flood, earthquake, explosion, public health emergencies, war, acts of terrorism, labour disputes, power outages, supplier failures, or restrictions imposed by law or governmental authority.

If a force majeure event continues for more than thirty (30) days, either party may terminate this agreement with immediate effect upon written notice. Any obligations that were due prior to such an event remain payable.

30. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any dispute, claim or controversy arising out of or relating to these Terms, including any question regarding their existence, validity, or termination, shall first be resolved through amicable negotiation between the parties.

If resolution cannot be reached through negotiation within thirty (30) days, the matter shall be referred to arbitration in accordance with the Arbitration Act 1996. The seat of arbitration shall be London, United Kingdom, and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding.

Subject to the foregoing, the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes not resolved through arbitration.

31. Territory and Export Compliance

LaunchByte provides its Services from the United Kingdom and does not warrant that the Services are appropriate or available for use in other jurisdictions. Clients who access the Services from outside the UK are solely responsible for ensuring compliance with local laws, regulations, and restrictions.

Clients shall not use or export any part of the Services in violation of applicable UK export control laws or any applicable foreign laws. This includes compliance with sanctions, data transfer restrictions, and security regulations.

32. Amendments to Terms

LaunchByte reserves the right to revise, update or modify these Terms at any time. Any significant changes will be communicated to Clients via the client portal and/or email. Minor updates may be made without notice.

The most current version of the Terms will always be available via the LaunchByte client portal. Continued use of the Services after such changes have been made constitutes acceptance of the updated Terms. If the Client does not agree to the revised Terms, they should discontinue use of the Services and provide written notice to terminate.

33. Reporting Violations

If the Client becomes aware of any misuse of the Services, breach of these Terms, or conduct that may be unlawful, unethical, or harmful to LaunchByte or its users, they must report it promptly to our legal department at: legal@launchbyte.co.uk

LaunchByte treats all reports seriously and confidentially and will initiate an appropriate investigation and, where necessary, take corrective action.

34. Contact Information

For all legal notices, general enquiries, or support requests relating to these Terms, please contact:

LaunchByte Ltd

128 City Road London,

EC1V 2NX

United Kingdom

Email: legal@launchbyte.co.uk

Business Hours: Monday to Friday, 9:00 AM – 5:00 PM (UK time)