Affiliate Links

Pages on our website may contain affiliate links when marked, which means we may earn a commission if you make a purchase through these links. This commission comes at no additional cost to you. The inclusion of these links does not influence the products or services we recommend. We strive to provide you with valuable and trustworthy recommendations. If you have any questions about our affiliate partnerships, please feel free to contact us.

Return Policy

Digital products and services purchased from Togue L.L.C (Togue) are final sale. This applies to all digital products and services purchased online from Togue, whether purchased on toguestudio.com directly or re-directed from toguestudio.com and purchased online, such as but not limited to, The Budget Brand, The Virtual Brand, website templates, online courses, and Canva templates. Final sale items do not have the possibility for refund or return.

TERMS OF SERVICE

The buyer may contact us with special requests for their products where applicable but no products or services include response to requests as a part of the product itself unless otherwise stated in the product or service description or list of deliverables. Any granted requests will be at Togue’s discretion but are not a responsibility of Togue, unless otherwise stated in the product or service description or list of deliverables. By purchasing from any page contained within toguestudio.com or a Togue Studio Paperform checkout, including but not limited to toguestudio.com/shop, the buyer claims to understand and agree to the terms laid out in our store policy (toguestudio.com/store-policy) and any other site policies, including our privacy policy and general terms.

Check product and service descriptions to determine delivery time. Some products are instant delivery upon purchase, while other products or services require time to prepare and send.

No product in our store comes with the right to resell or give the provided files or information to others. Every product in our store is a 1-seat, single-entity license.

Have a question about your product or service? Reach out to us at toguestudio.com/productquestion. We’ll do our best to help directly or provide information on where help can be found for your question of interest. If you do not hear back from us on a product question within 2 - 3 business days, reach out again or check spam. It’s possible the email went into a spam folder or that an email was entered incorrectly either by us, or on the form, somewhere along the way.

Payment

Payment shall be made to Togue L.L.C. Client agrees to pay the sum listed on the desired product or service at the time of purchase. If payment is declined or not received, Togue L.L.C. reserves the right to cancel the order and withhold delivery of the product indefinitely.

Term

Any service-based project will terminate automatically upon completion by Togue of the Deliverables on the Project at the time of purchase. View the Deliverables section of this page for additional information regarding Deliverables policies and definitions. Any instant-download purchase terminates automatically upon completion of purchase. If Togue determines more information or action must be given or taken by the customer to complete a Service product to satisfaction, Togue will reach out to the customer directly, and the project timeline, or delivery time, may pause until Togue receives what Togue deems to be the necessary information or action to continue the project, at which point the timeline will immediately resume. Given the digital nature of all digital products and services, it is incumbent upon the customer to promptly download or transfer any digital deliverables to a personal computer or drive within a period of six months of completion. This includes web-based assets such as YouTube or Vimeo videos.

Reproduction Of Product

Togue L.L.C. retains the right to use any completed designs for promotional purposes, including but not limited to, display on the Togue L.L.C. website and social media channels. Togue retains the right to reproduce the Project in any form for marketing, future publications, competitions or other promotional uses. The Client rmay share any materials included in the Deliverables of the project but may not share materials or presentations used by Togue during the process of the Project.

Default

The occurrence of any of the following shall constitute a material default under this Project Agreement:

1. The failure to make a required payment when due.

2. The insolvency or bankruptcy of either party.

3. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

Remedies

In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of a Product or Service (including without limitation the failure to make a monetary payment when due), the other party may terminate the Product or Service by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have fourteen days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Project.

Limitation of Liability Clause

In no event shall our company, its directors, officers, employees, or agents be liable for any damages whatsoever arising out of or related to the use of our products or services. Our liability, and the liability of our company, its directors, officers, employees, or agents, for any claim, shall not exceed the amount paid by the customer for the product or service at issue. By using our products or services, you agree to release us, our directors, officers, employees, and agents from any and all claims, damages, or losses, including but not limited to direct, indirect, incidental, consequential, or punitive damages, arising out of or related to your use of our products or services. No product placeholders, text, examples, or other content within products should be interpreted as legal advice from Togue Studio.

Exiting The Project Without Default

If Togue Studio determines at any point in the timeline of a product or service that it cannot complete the product or service request for any reason, Togue has the right to cancel the order and must refund the cost of the product or service to the original payment method used to purchase it.

Severability

If any provision of this Store Policy will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Store Policy is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

Platforms

If a product purchased exists on an external platform such as Canva, Notion, or Squarespace, Togue Studio is not responsible for changes within those external platforms that may affect the product therein. For instance, if a product on an external platform uses a font that is stored within that platform and that platform removes the ability to use that font after purchase, Togue is not responsible for that external platform change affecting the product.

Work Product Ownership

If a customer purchases a Template that includes photography, the customer understands that these images are for placeholders and examples only, and the customer is responsible for updating the images to images they own before publishing work using the Template. The customer or client is responsible for verifying and registering their own trademark or copyright of any purchased Work Product as desired, resulting from any product or service purchased from Togue Studio, whether on toguestudio.com or a third-party checkout service redirected from toguestudio.com, e.g. Paperform. If a trademark claim is filed against the Client in relation to the Work Product at any time in the future, whether the claim is ruled legally valid or invalid, Togue is not liable or responsible for any losses, legal fees, or other costs, monetary or other, that result. Togue Studio does not assume any responsibility for losses that result from legal claims against any part of the work product. Togue Studio shall not be held liable for any copyright or trademark infringement cases arising from the use of any concepts used in the final designs. By purchasing any product or service, the Client agrees to indemnify and hold Togue Studio harmless from any and all claims, damages, or expenses arising from any copyright or trademark cases related to the use of any materials used in the final designs.

Force Majeure

If performance of this Project Agreement or any obligation under this Project Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

Dispute Resolution

The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction. If any entity claims that the Work Product used by the Client unintentionally or intentionally infringes upon a trademark, Togue will not be liable as the Client is responsible for verifying and registering any desired trademarks. Neither party has the right to file a claim directly with their bank or other financial provider to force-stop payment without the explicit instruction to do so by the arbitrator within the process described above. Doing so will be a direct breach of contract and will incur a fine of up to $2500 payable to the opposite party.

Deliverables

The deliverables for any product or service purchased from our store are limited to those described on the page within toguestudio.com dedicated to that particular product or service, within the bounds of toguestudio.com/store-policy. However, it is understood that any adjectives used to describe the deliverables (e.g. beautiful, bold, fun, custom, powerful, etc.) are subjective and cannot be guaranteed as part of the deliverables. Due to the numerous definitions an adjective may convey to its various readers, any adjectival promises can only apply to Togue Studio’s understanding of those adjectives. Therefore, Togue shall not be held responsible if the purchaser does not find the adjectives used to describe the deliverables to be accurate or satisfactory, and our liability shall be limited to the extent of the objective deliverables listed (e.g. x number of pages, x number of logos, etc.). Togue is not responsible beyond the deliverables promised, and so, for instance, would not be responsible for answering questions on products or consulting on the use of products after purchase, unless otherwise stated in the description on the product or service page. If Togue requests information of the buyer to inform and affect Togue’s customization or delivery of a product or service, interpretation of the information given is at the discretion of Togue. The customer understands that minor deviations in color, form, or other deviations between mockups displayed to represent products versus the products received can happen due to screen differences, final polishing of product before delivery, etc. and that some mockups on product or service pages are for purposes of example only, and are not guaranteed to be included in the Deliverables of the project or product unless explicitly stated.

Revisions

For products and services that include revisions, if a revision is requested, Togue will update the concept or option set in question in accordance with Togue’s interpretation of the request and present the update to the Client. The Client may either approve this update or request other revisions up to the number of rounds of revision requests included within in the project or service if revisions are limited by number of rounds, or the amount of time revision requests are permitted within in the project or service if revisions are limited by a period of time. Revision requests must be made before the final design system begins export and delivery. For a revision request to be valid, Togue must agree that it is in-line with a high level of design quality and is actionable. If Togue determines a revision request to be invalid due to quality or actionability, Togue may recommend an alternative solution or request clarity. At any stage of the project in which a revision can be requested, the revision request must not result in more than three additional design concepts based on the request. Togue must present revisions to the Client within two business days of the request.

Entire Agreement

This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.

Amendment

This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

Holidays

If the day provided herein for the payment of any amount or the taking of any action, either by Togue L.L.C or by the client or customer falls on a Saturday, Sunday or federal holiday at the place for payment or action, then the due date for such payment or action will be the next succeeding Business Day (Monday, Tuesday, Wednesday, Thursday, or Friday).

Governing Law

This Agreement shall be construed in accordance with the laws of the State of Pennsylvania.

Revisions

Revisions, refinements, or other change requests are included only when explicitly stated in the descriptions of a product or service from Togue.

Waiver Of Contractual Right

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

Assignment

Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

General Application of Store Policies to Store Products

All store policies, including but not limited to, return and exchange policies, shipping policies, and warranty policies, shall apply to all store products, unless they are directly inapplicable due to specific product characteristics or exemptions explicitly stated in the policies themselves. Store policy updates may be applied retroactively.