Tremsy Terms of Service
Effective Date: 03.23.2024

‍Welcome to Tremsy! These Terms of Service ("Terms") govern your access to and use of our services, including our website, applications, and any other services (collectively, the "Services") provided by Tremsy ("we," "us," or "our"). By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.


1. Use of Services

‍1.1 Eligibility: You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all the foregoing eligibility requirements.

‍1.2 Account Registration: To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

‍1.3 Account Security: You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your account. You agree to notify us immediately at hey@tremsy.com of any unauthorized access to or use of your account.


2. Services Provided

‍2.1 Design and Marketing Services: Tremsy provides on-demand design and marketing services, including but not limited to, graphic design, ad creation, website design, social media content, video editing, and more. The specific services provided will be detailed in the service agreement between you and Tremsy.

‍2.2 Subscription Plans: Tremsy offers various subscription plans with monthly and annual billing options. Details of the services included in each plan are available on our website. By subscribing to a plan, you agree to pay the subscription fees and any other charges incurred in connection with your use of the Services.

‍2.3 Service Requests: You can submit requests for design and marketing services through our platform. We will notify you via email or through our platform when the requested service is completed.

‍2.4 Creative Work Scope and Revisions: Tremsy provides creative services based on the client’s submitted requests, briefs, and direction. Deliverables are tailored to the client’s specifications, and initial drafts may require refinement to fully align with expectations.

Unlimited revisions are included within the scope of each plan to allow for this iterative process.

Clients acknowledge that:
- Creative outputs are subjective and may not match personal preferences on first delivery.
- Tremsy is not responsible for subjective dissatisfaction due to aesthetic differences, layout variations, or formatting preferences.
- It is the client’s responsibility to clearly communicate feedback and provide accurate materials for the task.
- Deliverables are considered complete once the final version has been approved or if no revision request is submitted within 10 business days of delivery.


3. Fees and Payment


‍3.1 Subscription Fees: Subscription fees are billed monthly or quarterly, depending on the plan you select. The fees are non-refundable except as provided in these Terms.


‍3.2 Payment Method: You must provide a valid payment method to subscribe to our Services. By providing your payment information, you authorize us to charge the applicable subscription fees to your designated payment method.



‍3.3 Late Payments: If your payment method fails or your account is past due, your subscription will be paused after 3 days of non-payment or suspended after 10 days of non-payment until you have paid all outstanding amounts.


4. Cancellations and Refunds


‍4.1 Cancellation: You may cancel your subscription at any time by contacting us at hey@tremsy.com. Cancellations will take effect at the end of the current billing cycle.

4.2 Refunds: Due to the nature of our Services, we do not offer refunds except the ones we advertise and are part of the campaign or are required by law. If you believe there has been an error in billing, please contact us at hey@tremsy.com.

4.3 Refund Exceptions for Creative Work: Due to the nature of creative work, refunds will not be issued for dissatisfaction based on subjective factors or misaligned expectations when the work was completed in line with the client’s brief. Clients are encouraged to request revisions to ensure satisfaction. Tremsy will always make reasonable efforts to accommodate client feedback within the scope of the subscription.

‍4.4 Tremsy’s Right to Terminate Service: Tremsy reserves the right to cancel a client’s subscription at any time, effective immediately, if we determine that the working relationship is no longer a good fit. This may include, but is not limited to, cases of repeated misalignment in expectations, disrespectful behavior toward team members, excessive revision demands beyond the intended scope, or any breach of our Terms. In such cases, Tremsy may issue a prorated refund at its sole discretion based on the remaining billing period and completed work.


5. Intellectual Property


‍5.1 Ownership: All content and materials provided as part of the Services, including text, graphics, logos, and software, are the property of Tremsy or its licensors and are protected by intellectual property laws. However, all content created through our subscription services is owned by you, the customer, except for proprietary technology of Tremsy and its partner applications.


‍5.2 License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Services for your personal or business use.


‍5.3 Portfolio Use: Tremsy reserves the right to display work created through its services in its portfolio, website, or promotional materials, unless the work is produced under a white-label plan or the client explicitly requests in writing that the work remains private.


6. Confidentiality


‍6.1 Confidential Information: During the course of providing the Services, either party may disclose to the other party confidential information. Both parties agree to keep such information confidential and not to disclose it to any third party without the prior written consent of the other party.


7. Limitation of Liability


‍7.1 No Warranty: The Services are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the Services, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.



‍7.2 Limitation of Liability: To the fullest extent permitted by law, Tremsy will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your use of the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services.


‍7.3 Subjective Satisfaction and Limitation of Liability: Tremsy will not be liable for dissatisfaction resulting from subjective opinions of design quality, layout decisions, or creative direction when the deliverable was produced based on the client's brief. Tremsy is also not liable for delays, client-side revisions, or outcomes stemming from the client's use of deliverables.


8. Indemnification

You agree to indemnify and hold harmless Tremsy and its affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Services.

9. Modifications to the Services and Terms

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. We may also revise these Terms from time to time. If we make material changes, we will notify you by email or through our platform. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms.

10. Governing LawThese Terms

will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

11. Contact Information

If you have any questions about these Terms, please contact us at hey@tremsy.com.