Terms of Use

Welina mai and mahalo for purchasing! By accessing or using our website, products, and services, you agree to comply with and be bound by these Terms of Use. Please read these terms carefully before using our services. If you do not agree to these terms, you must not use our designs or services.

The purpose of these Terms of Use is to outline the legal agreement between Ashley Fonseca LLC and our customers regarding the use of our digital products. These terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Scope of Products/Services

Ashley Fonseca LLC specializes in creating unique designs personal use. The specific terms of use for each product or service will be outlined in the applicable agreement or product description.

Delivery

Upon purchase, digital products will be delivered electronically to the email address provided during checkout. For custom designs or other services, delivery timelines and methods will be agreed upon separately.

Disclaimer

Ashley Fonseca LLC makes every effort to ensure the accuracy of the information on this website but does not guarantee the accuracy, completeness, or timeliness of information and content.

No Warranties

Our designs and services are provided "as is" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Guarantees

Ashley Fonseca LLC does not guarantee specific outcomes or results from the use of our products and services. The effectiveness of our designs depends on numerous factors beyond our control.

Geographic Limitations

Our products and services are available in regions as specified on our website. We do not guarantee the availability of our offerings outside these regions.

Payment

All payments must be made through approved payment methods as listed on our website. Prices are subject to change without notice. Payment is required at the time of purchase or as specified in the applicable agreement.

Billing

You agree to provide current, complete, and accurate billing information for all purchases made through our website. If a billing error occurs, please contact us immediately to resolve it.

Return Policy

Due to the digital nature of our products, all sales are final. We do not offer refunds or exchanges for digital downloads or custom designs once delivered.

Chargebacks

If you initiate a chargeback or dispute with your payment provider, your access to our services will be suspended until the issue is resolved. We reserve the right to dispute any chargebacks.

Promotions

Promotions and discounts offered by Ashley Fonseca LLC are subject to specific terms and conditions, which will be outlined during the promotion period.

Discounts

Discounts are non-transferable, non-redeemable for cash, and may be subject to additional conditions.

Personal Use License

Ashley Fonseca LLC grants you a limited, non-exclusive, non-transferable license to use our surface pattern designs for personal use only. This license does not permit reselling, redistributing, or sharing of our designs in any form. Digital products may not be reused, resold, or repurposed for any commercial purpose.

Non-Exclusive License

By using our products, you agree to a non-exclusive license agreement. This means that Ashley Fonseca LLC retains the right to license the same designs to other parties. You are granted the rights outlined under the terms of the license but understand that the designs may be used by other licensees as well.

You may NOT sell as-is or make other digital design resources (such as clipart, digital paper, digital kits, or add-ons) from this design.

Resale Prohibition

You may not resell, redistribute, or share our designs as standalone files or as part of any other digital product, collection, or service.

Intellectual Property

All surface pattern designs and content in this package are the exclusive property of Ashley Fonseca LLC and are protected by copyright and other intellectual property laws. Unauthorized use is strictly prohibited.

Consent to Use

By using our services, you consent to the collection and use of your personal information as outlined in our Privacy Policy.

Age Restrictions

Our products and services are intended for users who are at least 18 years old. By using our website, you represent that you meet this age requirement.

Changing Terms

We reserve the right to update or modify these Terms of Use at any time. Changes will be posted on this page, and it is your responsibility to review these terms periodically. Your continued use of our designs constitutes acceptance of any changes.

Privacy + Protection of Personal Information

We are committed to protecting your privacy and personal information. Our Privacy Policy outlines how we collect, use, and safeguard your data.

Store Presentation Error

In the event of a store presentation error, such as incorrect pricing or descriptions, we reserve the right to correct any errors and cancel orders if necessary.

Termination of Use

Ashley Fonseca LLC reserves the right to terminate your access to our designs and services at any time, without notice, for any reason whatsoever.

Limitation of Liability

In no event shall Ashley Fonseca LLC be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our designs.

Maximum Damages

Our maximum liability for any claim arising out of these terms shall not exceed the amount you paid for the applicable product or service.

Binding Arbitration

Any dispute arising out of or relating to these Terms of Use shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Choice of Law

These Terms of Use shall be governed by and construed in accordance with the laws of Hawaii, USA, without regard to its conflict of law principles.

Notices

Notices regarding these terms or your use of our services should be sent to:

Ashley Fonseca, ashley@ashleyfonseca.com

Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

The failure of Ashley Fonseca LLC to enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

Transfer

You may not transfer your rights or obligations under these terms without our prior written consent.

Assignment

Ashley Fonseca LLC may assign its rights and obligations under these terms to any party at any time without notice.

Force Majeure

We shall not be liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, and governmental actions.

Heading for Convenience

Headings in these terms are for convenience only and shall not affect the interpretation of any provision.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Ashley Fonseca LLC regarding your use of our products and services.

All Rights Reserved

All rights not expressly granted herein are reserved by Ashley Fonseca LLC.