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Terms of Service

Effective Date: February 1, 2026

These Terms of Service ("Terms") constitute a binding agreement between M81 Studio ("M81 Studio," "we," "us") and the individual or entity engaging our services ("Client," "you"). By submitting a project deposit, accessing the Client Portal, or otherwise engaging M81 Studio, Client agrees to be bound by these Terms in their entirety. If you do not agree, do not proceed with any engagement.

1. Services

M81 Studio offers two distinct development tracks:

Track A — Service & Lead Generation Sites

Custom-built websites using Next.js, deployed on Vercel. Designed for service businesses, contractors, and professionals who need a modern web presence with lead capture functionality (contact forms, quote requests, booking funnels).

Track B — E-Commerce Sites

Custom Shopify storefronts built with Liquid, Tailwind CSS, and modular section architecture. Designed for product-based businesses that need a fully functional online store with product catalogs, cart functionality, and checkout.

The applicable track is determined during the onboarding questionnaire and confirmed in the Client Portal before development begins.

2. Scope & Boundaries

To maintain project quality and timeline predictability, the following boundaries apply to every engagement:

  • a.Media Boundary. M81 Studio does not accept raw video file uploads. All video content must be provided as YouTube or Vimeo links. Raw video files submitted through the portal will not be processed.
  • b.Asset Handling. M81 Studio accepts images and brand assets in any common format — including PNG, JPG, HEIC, RAW, TIFF, WebP, GIF, BMP, and PDF. All uploaded files are automatically converted to optimized, web-ready formats through the Client Portal. Client does not need to pre-process or format assets before submission.
  • c.Custom Integration Boundary. All contact and lead capture forms use standard Web3Forms integration. M81 Studio does not build or maintain custom CRM integrations, Zapier automations, HubSpot connectors, or third-party marketing platform integrations of any kind.
  • d.Source File Boundary. M81 Studio does not provide Figma files, Adobe Creative Suite source files, or any other design tool project files. Deliverables consist exclusively of production-ready code and deployed websites, unless otherwise agreed upon in writing for enterprise or custom-scope engagements.
  • e.Product Variant Limit (E-Commerce). Each product listing includes up to three (3) basic variants (e.g., size, color). Additional variant configurations beyond three per product are outside standard scope and subject to additional fees.
  • f.Inventory Boundary (E-Commerce). M81 Studio performs initial product catalog setup only. Ongoing inventory management, stock level updates, and product additions after launch are Client's sole responsibility.
  • g.Copywriting Boundary. M81 Studio writes all website copy — including page headlines, body text, service descriptions, and calls to action — as part of the standard build. If Client requires specific wording, pre-approved messaging, or compliance-regulated language (legal, medical, financial), Client must provide that copy before the content deadline. Otherwise, M81 Studio takes full creative ownership of all website copy.
  • h.Modern Browser Boundary. All websites are built for and tested on the latest stable versions of Chrome, Safari, Firefox, and Edge. M81 Studio does not guarantee compatibility with Internet Explorer, legacy browser versions, or non-standard rendering engines.

3. Development Timeline

The standard development timeline is one to two (1–2) weeks from the date M81 Studio receives 100% of required content from Client via the Client Portal. The timeline does not begin until:

  • The 50% project deposit has been received;
  • All content, assets, and brand materials have been submitted in full through the Client Portal; and
  • The scope agreement within the Client Portal has been acknowledged.

Incomplete submissions, delayed feedback, or scope changes initiated by Client may extend the timeline. M81 Studio is not responsible for delays caused by Client inaction.

4. Revisions

Each project includes two (2) rounds of revisions at no additional cost. Revision rounds are structured as follows:

Round 1 — Structural Revisions

Layout adjustments, section reordering, component swaps, and major design direction changes. This is the appropriate round for "move this section," "change the layout," or "swap the hero style" type requests.

Round 2 — Fine-Tuning

Color tweaks, font adjustments, spacing refinements, copy corrections, and polish. This round is for precision adjustments, not structural overhauls.

Additional revision rounds beyond the included two are billed at $150 per round. A "round" is a single consolidated batch of feedback — not individual line items. All revision requests must be submitted through the Client Portal.

5. Content Bottleneck Policy

Client has a fourteen-day (14-day) content submission window from the date the Client Portal workspace becomes active. During this window, Client must submit all required content, assets, and brand materials through the portal.

If content is not submitted within fourteen (14) days, M81 Studio reserves the right to pause the project. If the project remains paused for thirty (30) consecutive days due to incomplete content, a $250 remobilization fee will be required to reactivate the project and re-enter the development queue.

M81 Studio is not responsible for timeline delays caused by Client's failure to submit content within the designated window.

6. Feedback & Approval Deadlines

When M81 Studio delivers a staging preview or revision for review, Client has seven (7) business days to provide consolidated feedback through the Client Portal.

If fourteen (14) calendar days pass with no response from Client, the deliverable is deemed automatically approved in its current state. Upon auto-approval, the final 50% invoice is immediately triggered and payable.

M81 Studio will send a courtesy reminder before the auto-approval deadline, but it is ultimately Client's responsibility to provide timely feedback.

7. Communication Policy

All project communication is conducted 100% asynchronously through the Client Portal. This includes feedback, revision requests, file submissions, questions, and status updates.

  • M81 Studio does not conduct phone calls, Zoom meetings, or screen-sharing sessions as part of standard project scope.
  • If Client demands a live meeting, M81 Studio may accommodate at a rate of $150 per session, scheduled at M81 Studio's discretion.
  • Text messages (SMS, iMessage, WhatsApp, etc.) are not acknowledged as official project communication and will not receive a response.

This policy ensures every decision, file, and piece of feedback is documented in one centralized location for both parties.

8. Payments

All projects follow a 50/50 payment structure:

  • 50% Deposit — Due before development begins. The deposit is non-refundable and secures Client's position in the development queue.
  • 50% Final Payment — Due upon project completion and staging approval, before the website is deployed to the live production domain.

Final Sale. Once a website has been deployed to the live production domain, the project is considered a final sale. No refunds will be issued post-launch for any reason.

Project Abandonment. If Client abandons the project at any stage (including non-payment of the final invoice), M81 Studio retains the full deposit and all code, designs, and assets produced during the engagement.

9. Hosting & Monthly Retainer

After launch, the following hosting and maintenance terms apply:

Track A (Next.js) — Mandatory Retainer: $99/month

All Next.js sites hosted by M81 Studio require a $99/month retainer. This covers production hosting on Vercel, SSL certificate management, uptime monitoring, and one (1) batch content update per month consisting of up to five (5) minor swaps (text changes, image replacements, link updates).

Track B (Shopify) — Optional Retainer: $99/month

Shopify sites are hosted on Shopify's own infrastructure. The $99/month retainer is optional for Shopify clients and covers one (1) batch content update per month (same five-swap limit as Track A).

Use-It-or-Lose-It. Monthly batch updates do not roll over. Unused updates in a given billing cycle expire at the end of that cycle and cannot be accumulated or banked for future months.

The retainer is billed monthly and may be cancelled with fourteen (14) days' written notice (see Section 16).

10. Data Isolation

Client websites are fully isolated from M81 Studio's internal infrastructure. Specifically:

  • Client sites never connect to, read from, or write to M81 Studio's Supabase database or any internal M81 Studio systems.
  • Client is responsible for providing their own Web3Forms API key for contact form delivery on their production site.
  • Client is responsible for providing their own Stripe payment links or checkout integrations for any e-commerce or payment functionality.

This "Bring Your Own Key" (BYOK) protocol ensures that Client retains full ownership and control of their data, form submissions, and payment processing at all times.

11. DNS & Email Boundary

M81 Studio will configure DNS records strictly for website routing purposes — specifically A-Records and/or CNAME records pointing to the hosting provider (Vercel or Shopify).

M81 Studio will never modify, create, or manage MX records, SPF records, DKIM records, or any other email-related DNS entries. Client is solely responsible for their own email hosting, email deliverability, and all email-related DNS configuration (Google Workspace, Microsoft 365, etc.).

Any email service disruption resulting from DNS changes made during domain delegation is Client's responsibility to resolve with their email hosting provider.

12. Post-Launch Warranty

M81 Studio provides a fourteen-day (14-day) post-launch warranty beginning on the date the website is deployed to the live production domain. During this period, M81 Studio will fix structural bugs at no additional cost.

Covered: Broken layouts, non-functional buttons or links, responsive display failures, and code errors that prevent the site from operating as demonstrated during staging approval.

Not Covered: Design changes, new feature requests, content updates, copy revisions, issues caused by Client modifications to the codebase, third-party service outages, or any changes to the site made outside of M81 Studio's control.

13. Intellectual Property & Liability

Intellectual property rights are allocated as follows:

  • M81 Studio Retains: Ownership of all proprietary frameworks, internal tools, the Client Portal platform, admin systems, reusable code libraries, and any development infrastructure or methodology used across multiple client projects.
  • Client Receives: Upon full payment, ownership of the front-end repository (source code) for their specific website. Ownership transfers upon code handoff via GitHub repository transfer or equivalent.

"As Is" Liability. All websites are delivered "as is" upon final approval. M81 Studio makes no warranties, express or implied, regarding merchantability, fitness for a particular purpose, or uninterrupted operation beyond the warranty period defined in Section 12.

Third-Party Failures. M81 Studio bears no liability for failures, outages, API changes, pricing changes, or discontinuation of third-party services including but not limited to Vercel, Shopify, Stripe, Web3Forms, Google Fonts, Uploadcare, or any other external dependency.

14. Content Indemnification

Client represents and warrants that all content, images, trademarks, logos, copy, and media submitted to M81 Studio are either owned by Client or properly licensed for the intended use.

Client agrees to indemnify, defend, and hold harmless M81 Studio from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to any allegation that content provided by Client infringes upon the intellectual property rights, copyrights, trademarks, or other proprietary rights of any third party.

15. ADA & GDPR Compliance

M81 Studio builds websites using semantic HTML, responsive design, and modern development best practices. However, M81 Studio does not guarantee compliance with the Americans with Disabilities Act (ADA), Web Content Accessibility Guidelines (WCAG), the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), or any other accessibility or data privacy regulation.

It is Client's sole responsibility to hire qualified legal counsel and/or accessibility consultants to audit the website for regulatory compliance as required by Client's industry, jurisdiction, or customer base.

16. Termination & Cancellation

Either party may terminate the engagement under the following conditions:

Non-Payment Protocol

  • Day 15: If the final invoice remains unpaid fifteen (15) days after issuance, M81 Studio will pause all work and lock the Client Portal.
  • Day 30: If the final invoice remains unpaid thirty (30) days after issuance, M81 Studio will permanently terminate the project, retain all deposits and produced work, and revoke Client's access to all M81 Studio systems.

Voluntary Cancellation by Client

Client may cancel an active project or monthly retainer with fourteen (14) days' written notice submitted through the Client Portal or via email. The initial deposit is non-refundable. Any work completed up to the cancellation date will be delivered as-is.

Monthly Retainer Cancellation

The $99/month hosting retainer operates on a month-to-month basis. Either party may cancel with fourteen (14) days' written notice before the next billing cycle.

17. Training Boundary

M81 Studio does not provide live training sessions, Zoom tutorials, screen-sharing walkthroughs, or one-on-one coaching of any kind as part of standard project scope. Client is expected to use the platform documentation, Loom walkthrough videos (when provided), and Client Portal resources to understand their website's functionality. Questions may be submitted asynchronously through the Client Portal at any time.

18. SEO Disclaimer

Every M81 Studio website includes a technical SEO foundation: semantic HTML structure, proper heading hierarchy, meta tags, Open Graph tags, JSON-LD structured data, sitemap.xml, robots.txt, mobile responsiveness, and fast page load performance.

M81 Studio does not provide ongoing monthly SEO services, blog content creation, backlink building, keyword research campaigns, Google Ads management, or any form of continuous search engine marketing. If Client requires ongoing SEO services, Client must engage a separate SEO specialist or agency.

19. No Developer Access During Hosting

For the avoidance of doubt: while a website is under the M81 hosting retainer, Client does not receive access to the source code repository, deployment dashboard, or any development infrastructure.

If Client grants a third-party developer access to the GitHub repository or Vercel project, or if unauthorized code changes are detected, M81 Studio reserves the right to immediately revoke hosting services, transfer the repository to Client, and terminate the retainer agreement.

Client may request a full code transfer at any time upon cancellation of the hosting retainer (see Section 16), at which point the repository will be transferred to Client's own GitHub account.

20. Shopify Theme Integrity

For Shopify projects, M81 Studio delivers a custom-built theme optimized for Client's specific needs. After launch:

  • Damage, conflicts, or visual regressions caused by third-party Shopify apps installed by Client or Client's agents are not covered by the monthly retainer or post-launch warranty.
  • Repairs necessitated by third-party app interference will be billed at M81 Studio's emergency hourly rate, quoted on a case-by-case basis.
  • Direct edits to theme code by anyone other than M81 Studio void any active warranty or retainer coverage for the affected components.

Client is strongly advised to consult M81 Studio before installing any third-party Shopify app that injects code into the theme.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or the services provided by M81 Studio shall be resolved exclusively in the state or federal courts located in Los Angeles County, California. Both parties consent to the personal jurisdiction of such courts.

Contact

Questions regarding these Terms should be directed to:

M81 Studio

Malibu, CA

Email: hello@m81studio.com

By engaging M81 Studio's services, submitting a project deposit, or accessing the Client Portal, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.