DesignBuff: Terms of Service

Last updated: April 25, 2026
Entity: DesignBuff LLC, a New Jersey limited liability company (“DesignBuff,” “we,” “us,” “our”).

Important: not legal advice. This document is a draft for your attorney to review, adapt, and replace bracketed items before publication. It is not a substitute for legal advice. Laws vary by jurisdiction and change over time.

By accessing our website, purchasing a subscription or project, or using our services, you (“Client,” “you”) agree to these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, do not use the services.

If you are accepting on behalf of a company, you represent that you have authority to bind that entity.

Order of precedence. If there is a conflict between (a) a signed Statement of Work, order form, or other written agreement for a specific Sprint or engagement (“SOW”), (b) these Terms, and (c) marketing or oral statements, the documents control in that order [(a) over (b) over (c)] unless the SOW explicitly says otherwise.

1. Services overview

1.1 DesignBuff provides design and related services through:

Starter and Scale: recurring monthly plans with a stated allocation of design time and associated features as described on our pricing page and in Section 3; and
Sprint: fixed-fee, scoped project work as described in a SOW and Section 3.

1.2 We may use employees, contractors, and tools (including the Tally product for task and timeline tracking, and Figma, AI-assisted tooling, and other industry-standard software) to perform services. We do not guarantee a specific individual will be assigned unless we agree in a separate writing.

1.3 You agree to provide timely feedback, accurate briefs, brand guidelines, and lawful materials needed for us to perform the services.

2. Eligibility; accounts

2.1 You must be at least 18 and able to form a binding contract. If you use the services for a business, you represent you have authority to bind that organization.

2.2 You are responsible for your account credentials and for all activity under your account. You agree that contact and billing information you provide is accurate and you will keep it current.

3. Plan-specific terms

The following describes how we intend each offer to operate. Fees and current commercial details are as stated at checkout or in your SOW; if a number in these Terms is outdated, the price list or SOW in effect at the time of purchase controls.

3.1 Starter (monthly subscription)

Scope. Approximately 20 design hours per month (or as otherwise stated at purchase), US $2,499 per month (or as stated at purchase) unless you change plans or we agree otherwise in writing.
Design time. Hours are tracked in our dashboard and are for work performed on your active requests, subject to fair use and operational limits we may describe in the product.
Rollover. Unused hours do not roll from one billing period to the next, as described in our FAQ. They are reserved for you within each period.
Tally Lite. We include access to our Tally workspace at the Lite tier (task and timeline features as we define for that tier) unless we notify you of a change in writing.
Pause or cancel. You may pause or cancel your subscription in accordance with Section 6 and our then-current process (e.g. from your dashboard).
Turnaround; SLAs. Marketing describes typical response and output windows (e.g. 48-hour response, average design turnaround). These are goals, not guarantees, except where a mandatory remedy is required by law. Actual timing depends on request complexity, your responsiveness, and queue position.

3.2 Scale (monthly subscription)

Scope. Approximately 40 design hours per month (or as otherwise stated at purchase), US $4,899 per month (or as stated at purchase), including creative direction and a dedicated project manager as described in our materials.
Rollover. Unused hours do not roll to future periods, same as Starter.
Tally Lite. Tally Lite is included, as for Starter, unless a different tier is specified at purchase.
Add-ons. We may offer priority response and weekly strategy sessions; behavior is as described in product materials or a written addendum.
Pause or cancel; SLAs. Same framework as Section 3.1 regarding pause/cancel, and regarding turnaround/SLA language.

3.3 Sprint (fixed-fee project)

Form. Sprint is not a month-to-month subscription. It is a fixed-bid, fixed-scope engagement governed by a SOW (or order form) that states deliverables, timeline, fees, and review rounds.
Starting price; payment. Projects often begin at US $12,500+ as described on our site; your SOW states the exact fee. Unless the SOW says otherwise, we may use a 50% deposit and 50% on completion (or a schedule in the SOW) consistent with our FAQ.
Milestones; revisions. The SOW defines weekly milestones (or other milestones) and the revisions included. Out-of-scope work requires a change order in writing, including any additional fee.
Tally Pro. Tally Pro (or the tier we specify in the SOW) may be used for your Sprint, including Pro features we describe in materials (e.g. standups, email updates) where included. If Tally Pro is an optional add-on, the SOW will state it.
Cancellation. Cancellation, kill fees, and what happens to files and money if a Sprint is terminated early are governed by the SOW and Section 7.

3.4 Requests, queue, and stale work (subscriptions)

3.4.1 You submit requests through the process we specify (e.g. Tally). We may define one or more “active” requests at a time, priority rules, and how we split large requests into sub-deliveries.

3.4.2 We may pause, close, or re-queue a request if, after delivery to you (or a milestone), we do not receive your feedback, approval, or next instruction within a stated number of days (e.g. 14 or 30 days, as we may set in the product or an order form). The goal is to keep the queue fair. If you return later, we will use reasonable efforts to help you open a new request for remaining work subject to your current plan and availability.

4. Fees; taxes; payment processing

4.1 You agree to pay all fees in the currency and on the schedule shown at purchase or in the SOW. Subscription fees are typically charged in advance each billing cycle unless we say otherwise.

4.2 Taxes. Fees may be exclusive of sales, use, VAT, or similar taxes. You are responsible for any taxes we are required to collect, unless you provide a valid exemption certificate we accept.

4.3 Payment methods. We use third-party payment processors (e.g. Stripe). Your use of those services may be subject to the processor’s own terms. We do not control the processor and are not responsible for its errors.

4.4 Failed payment. We may suspend services until payment succeeds and may retry charges. We may terminate for non-payment as described in Section 7. Disputed charges should be reported to us and to your bank as applicable; abusing chargebacks may result in termination and legal action where permitted.

4.5 Processor fees. If we refund a payment where allowed, non-refundable payment-processor or bank fees (if any) may still be withheld or deducted from the refund to the extent permitted by law and processor rules.

5. Refund policy

5.1 Subscriptions (Starter, Scale). Our services are custom and time-based. Refunds, if any, are in our sole discretion except where required by law. Your statutory rights, if you are a consumer in a jurisdiction that grants a cooling-off or mandatory refund, are not waived to the extent they cannot be waived.

5.2 If we grant a refund for a period in which we produced deliverables, we may require that you cease use of those deliverables, return or delete our files, and assign back any rights we granted you for that work: [only with counsel: IP “reversion” is sensitive and may conflict with your marketing. Adjust or remove this paragraph per attorney advice.]

5.3 Sprint refunds, if any, are as stated in the SOW and applicable law.

6. Pause, cancellation (subscriptions)

6.1 You may pause or cancel a monthly plan through the dashboard or as we direct, subject to the timing of the next billing run (e.g. cancel before renewal to avoid the next period).

6.2 Pause may stop future renewals but preserve credits or time left in your current period as we describe in our product (e.g. billing may be based on a 31-day or calendar cycle: align this sentence with your actual billing engine with finance/counsel).

6.3 Effect on access. On cancellation or at the end of a paid period, your access to Tally, files, and our team’s time may end as we configure the product. You should export work you are entitled to before access ends, where we allow export.

7. Term; suspension; termination

7.1 Subscriptions run for successive periods until you cancel. Sprints end when the SOW is complete, terminated, or paid and closed as agreed.

7.2 We may suspend or terminate (with or without cause) if you breach these Terms, fail to pay, abuse our team or systems, use us for unlawful or hateful content, or create risk to us or others. We will try to give notice where practical.

7.3 Survival of payment obligations, IP, confidentiality, limitation of liability, indemnity, and governing law survives termination.

8. Intellectual property; deliverables

8.1 Your materials. You represent you have the rights to all assets you give us (logos, copy, product info, third-party content you ask us to use). You grant us a non-exclusive license to use them only to perform the services.

8.2 Our deliverables (“Work Product”): Unless the SOW says otherwise, upon full payment for the applicable subscription period or Sprint milestone, we grant you the broadest assignable right in the final Work Product we create for you: typically full ownership of copyright in the custom design, subject to:

(a) our right to use pre-existing tools, libraries, and our non-custom components; and
(b) Section 8.3 and 8.4.

8.2.1 Fallback assignment [optional: counsel]: If a court would treat us as the first owner of any Work Product, we assign that ownership to you on receipt of payment.

8.3 Third-party fonts, stock, and plugins
If a deliverable requires a commercial font, stock image, or plugin you must license separately, we will use reasonable efforts to identify it and you agree to purchase and maintain those licenses. We are not responsible for your use or distribution of Work Product that includes unlicensed third-party materials.

8.3.1 If we sub-license a stock asset to you under our account, that license is non-transferable except as we state in writing or the asset provider’s terms allow.

8.4 Portfolio; marketing
We may show anonymized or attributed examples of your Work Product in our portfolio, case studies, and social unless we agree otherwise in a signed NDA or the SOW expressly prohibits it.

9. Tally; client tools

9.1 Tally and related dashboard features are our or our licensors’ property. We grant you a revocable, non-exclusive right to use Tally for your engagement in accordance with these Terms. We may change or end a feature with reasonable notice when possible.

9.2 We may have Tally terms; if so, a link will be in the app. Tally Lite vs Tally Pro feature sets are as described in product or your SOW.

9.3 What Tally is (and is not). Tally is our project management and task-tracking software. It is used to organize design requests, priorities, status, and collaboration in the flow of a subscription or project. Tally is not a secure data vault, an encrypted “safe,” a regulated health-information system, or a substitute for a BAA-backed or compliance-hardened repository. Do not assume Tally (or the rest of the Services) provides any level of secrecy, legal confidentiality, or regulatory protection beyond what these Terms and our Privacy Policy state.

9.4 Content in Tally. Tally may store and display what you, your team, and we enter in the ordinary course, including but not limited to briefs, file uploads, design media, comments, and conversations about projects, tasks, and deliverables. In short, work-in-progress and coordination, not a guaranteed-confidential or air-gapped archive.

9.5 No security or “confidentiality” warranty for Tally-held information. We do not warrant and do not guarantee that information in Tally (or in related notifications, attachments, or files) is confidential, protected from unauthorized access, or safe from leak, hacking, phishing, social engineering, scams, malware, or insider misuse. We do not warrant the security, integrity, availability, or permanent retention of any content in Tally. You accept the risk that sensitive, proprietary, or regulated data you (or your users) upload to Tally may be exposed in ways inherent to internet-connected software and support workflows, and you agree we are not promising any particular outcome for Tally as a storage or messaging layer, subject to Section 14 and any rights that cannot be waived under applicable law.

9.6 Not HIPAA, not a regulated enclave (unless separately agreed). Tally and the standard Services are not HIPAA-compliant, are not a BAA-covered product by default, and are not designed for ePHI or for uses that must satisfy HIPAA, HITECH, or similar health-privacy law unless we execute a separate, signed agreement (such as a BAA) that expressly states we are taking on that compliance burden. You agree not to upload PHI, patient identifiers, or other information to Tally when doing so would violate law or impose obligations we have not expressly accepted in writing, and you will indemnify us under Section 15 for breach of this rule (where permitted by law). The same principle applies to other sensitive regulatory frameworks at a high level: Tally is for project coordination, not an FISMA, ITAR, or compliance certified environment unless expressly agreed otherwise in writing. You should use separate, appropriate legal and technical controls (including off-Tally storage if needed) for genuinely sensitive data.

9.7 Assumption of risk; limitation as to Tally-related incidents. To the maximum extent permitted by applicable law, we and our personnel are not liable for disclosure, loss, unavailability, corruption, fraud, or other harm arising from Tally-stored data or Tally-related incidents, including third-party breaches, social engineering, or error on your side (or on the part of your end users). This is in addition to, and does not limit, the disclaimers in Section 13 or the caps in Section 14. You agree this acknowledgment is part of the bargain and our pricing, except where a mandatory right or warranty applies under law.

9.8 The Privacy Policy describes our data practices at a high level. It does not make Tally a compliant, certified, or warranted environment for special categories of data. See Section 8 of that policy for Tally-specific limitations and expectations.

10. Confidentiality

10.1 We will use reasonable efforts to keep confidential your non-public business information we receive in connection with the services, and we expect you to keep our non-public business terms and methods confidential.

10.2 This does not limit our right to use your Work Product in line with Section 8.4, your suggestions in line with Section 11 (if included), or obligations under law.

10.3 Tally is addressed in Section 9 (especially 9.3 to 9.8). The duties in 10.1 do not mean that content you place in Tally is “confidential” in a legal, regulatory, or HIPAA sense, and 10.1 does not make Tally a protected health or other regulated system unless we have signed a separate BAA or agreement that says so (if we offer one).

11. Feedback; suggestions

11.1 You may provide ideas, comments, and feedback about our services (“Feedback”). Unless we sign something different, you grant us a perpetual, worldwide, royalty-free license to use Feedback to improve our products and services without obligation to you.

[Counsel: Designjoy-style assignment of all “Submissions” to the vendor is an alternative. Many clients prefer a softer Feedback license, as here.]

12. AI and tools

12.1 We may use AI-assisted tools in our workflow. You acknowledge that AI outputs can be imperfect and that infringement or similarity risks exist in any creative field. We use reasonable professional judgment. We do not warrant that outputs are entirely free of similarity to pre-existing work.

12.2 You must not use the services to develop unlawful or hateful outputs or to mislead end users in a way that creates liability for us.

13. Disclaimers

13.1 Except as required by law, the services and website are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

13.2 We do not guarantee specific business results (conversions, revenue, rankings).

14. Limitation of liability

14.1 To the maximum extent permitted by law, neither DesignBuff nor our officers, members, employees, or contractors is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, data, goodwill, or business interruption, even if we were advised of the possibility.

14.2 Cap. Our aggregate liability for all claims arising from these Terms or the services in any twelve (12) month period is limited to the total fees you actually paid to DesignBuff in that period. [Optional with counsel: set a floor/ceiling in dollars, or a specific rule for $0-fee periods.]

14.3 Some jurisdictions do not allow certain limits; in those cases, our liability is limited to the fullest extent still permitted by **law.

15. Indemnity

15.1 You will defend, indemnify, and hold harmless DesignBuff and our personnel from third-party claims, damages, and costs (including reasonable attorneys’ fees) arising from: (a) your materials or instructions; (b) your breach of these Terms; (c) your use of Work Product in violation of law or third-party rights; or (d) your negligence or willful misconduct.

15.2 We may assume the defense of a claim in which you must indemnify us, at our option, and you will cooperate reasonably.

16. DMCA; copyright

16.1 We respect intellectual property. If you believe content on our site or in our process infringes your copyright, send a notice to legal@designbuff.co (our designated copyright agent) with the information required by U.S. law (17 U.S.C. § 512) or equivalent.

16.2 Misuse of takedown notices can create liability for the sender.

17. Data; privacy; international

17.1 Our Privacy Policy explains how we collect and use personal data. By using the services, you agree to that policy.

17.2 We may process data in the United States and other countries where we or our subprocessors operate. You consent to transfer to the U.S. to the extent your data protection laws require consent.

17.3 We do not knowingly market to children under 13. If you believe a child has given us data, contact us to delete it.

17.4 A DPA may be available for enterprise or SCC-style transfers [if applicable].

18. Prohibited conduct

18.1 You will not: (a) reverse engineer or scrape our site or Tally in violation of our rules; (b) resell our services in a way that competes with us without permission; (c) harass our staff; (d) upload malware; (e) use the services in violation of law; or (f) ask us to create infringing or unlawful work.

18.2 We may block or end your access for abuse as described in Section 7.

19. Electronic records; e-sign; communications

19.1 You consent to electronic contracts, notices, invoices, and records, and to email and in-app messages for service matters, where allowed by law. (Counsel: align with the Electronic Signatures in Global and National Commerce Act (E-SIGN), UETA, and B2B practice.)

19.2 You keep your email current for legal and billing notices we send.

20. Publicity; referrals

20.1 We may use your name and logo in a customer list where permitted by law and contract.

20.2 If we run a referral program, tracking and payouts may be performed by a third party; their terms apply to that program.

21. Modification of these Terms

21.1 We may update these Terms. We will post the revised version and update the “Last updated” date. For material changes, we will provide notice (e.g. email or dashboard) [and/or require re-acceptance: counsel]. Continued use after the effective date may constitute acceptance, except where law requires stricter consent or separate opt-in.

22. Governing law; venue

22.1 These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-law rules that would apply another state’s law, except where consumer or other non-waivable law mandates otherwise.

22.2 You and DesignBuff agree to the exclusive jurisdiction and venue of the state and federal courts located in New Jersey for any dispute, except where small-claims or expedited injunctive relief in another forum is required or permitted by law. [Refine county and court names with counsel.] To the maximum extent permitted by law, you waive any right to a jury trial in connection with any dispute.

22.3 The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

22.4 [Optional: arbitration, mediation, or informal resolution: add if counsel recommends.]

23. General

23.1 Entire agreement. These Terms, together with any SOW, order form, and the Privacy Policy, are the entire agreement on their subject matter, subject to the “Order of precedence” paragraph at the top of these Terms.

23.2 Waiver; severability. No waiver of one breach is a waiver of any other breach. If any provision is held invalid, the remaining provisions stay in effect to the maximum extent possible.

23.3 Assignment. You may not assign or transfer these Terms without our prior written consent, except in connection with a merger, acquisition, or sale of all or substantially all of your assets, with notice to us. We may assign these Terms in connection with a reorganization, financing, or sale of our business.

23.4 Force majeure. Neither party is liable for delays or failures due to events beyond its reasonable control (for example, natural disaster, war, pandemic, or broad Internet outage not caused by the affected party’s own systems or negligence).

23.5 Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency except as may be expressly required for a specific purpose (for example, giving your team a direction on a project).

23.6 Notices. Notices to us: legal@designbuff.co and/or by mail to our registered agent at 30 S Doughty Ave, Somerville, NJ 08876. General inquiries: hello@designbuff.co. Notices to you: the email and/or in-app address on your account, unless the law requires another method.

24. Contact

Email: hello@designbuff.co
Registered agent (notices and service of process): 30 S Doughty Ave, Somerville, NJ 08876