Emma Brooks Design - Terms of Service

Effective Date: 4 April 2025

Welcome to Emma Brooks Design and Chatterbox. These Terms of Use govern your access to and use of our website, products, services, Custom GPTs, and Chatterbox Substack publication (collectively, the "Services").

By accessing or 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. Services Description

Emma Brooks Design offers various products and services including, but not limited to:

• Design Services: Professional design work including graphic design, brand identity, and visual content creation

• Custom GPTs: Specialised AI tools designed for specific creative and content purposes

• Chatterbox: A Substack publication offering premium content and newsletters

• Other Products: Additional tools, templates, resources, and digital products

Our products and services are available through our website, Substack, and other authorised platforms.

2. Account Registration and Eligibility

2.1. To use certain features of our Services, you may be required to create an account with Emma Brooks Design, Substack, or other integrated platforms.

2.2. You must be at least 18 years old to use our Services.

2.3. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.4. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

3. Licence and Use Restrictions

3.1. Licence Grant: Subject to your compliance with these Terms, Emma Brooks Design grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services for your personal or internal business purposes.

3.2. Use Restrictions: You agree not to:

• Use the Services for any illegal purpose or in violation of any local, state, national, or international law

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services

• Interfere with or disrupt the integrity or performance of the Services

• Attempt to gain unauthorised access to the Services or related systems or networks

• Use the Services to develop a competing product or service

• Resell, redistribute, or provide the Services to third parties without our explicit permission

4. Intellectual Property Rights

4.1. Ownership of Services: The Services and their contents, including but not limited to text, graphics, logos, and software, are the property of Emma Brooks Design or its licensors and are protected by copyright, trademark, and other intellectual property laws.

4.2. Content Ownership: You retain ownership of any content you commission from us. However, you grant Emma Brooks Design a non-exclusive licence to display your commissioned work in our portfolio unless otherwise agreed in writing.

4.3. Intellectual Property & Usage Rights: All content, including text, graphics, logos, images, audio clips, videos, data compilations, and software, are the property of Emma Brooks Design, protected by intellectual property laws globally. Unauthorised use may violate these laws. You must not alter or remove any copyright, trademark, or proprietary rights notices. Emma Brooks Design grants you a non-transferable, non-exclusive, revocable licence to access the Products for your personal or internal business purposes. No part may be copied, reproduced, distributed, sold, licensed, or exploited for any commercial purpose without our express written permission.

5. Subscription Services

5.1. Subscription Content: Emma Brooks Design offers Chatterbox as a premium content publication via Substack on a subscription basis.

5.2. Subscription Terms: Your subscription to Chatterbox is subject to the payment terms specified at the time of purchase and may be offered on a monthly, annual, or other recurring basis.

5.3. Cancellation: You may cancel your subscription at any time through your Substack account settings. Upon cancellation, you will continue to have access to the subscription content until the end of your current billing period.

5.4. Refunds: Unless otherwise required by applicable law, subscription fees are non-refundable.

6. Custom GPT Licence Terms

Issued by: Emma Brooks Design

Contact: hello@emmabrooksdesign.com

6.1 Usage Rights

Your purchased Custom GPT is licensed explicitly for:

• Personal content creation

• Client content creation

• Individual business use

6.2 Licence Scope

This licence grants you permission to:

• Use the Custom GPT to create content for your personal projects

• Generate content for your clients using the Custom GPT

• Integrate the Custom GPT into your own business operations

6.3 Terms and Conditions

By purchasing and using any Custom GPT provided by Emma Brooks Design, you agree to the following conditions:

• This licence is strictly non-transferable

• Each licence is limited to a single-user per purchase

• You are prohibited from reselling or redistributing the Custom GPT

• Access must not be shared with non-licensed users

6.4 Important Note

All Emma Brooks Design Custom GPTs require an active ChatGPT Plus Account to function properly.

7. Third-Party Services and Integrations

7.1. Our Services may integrate with third-party services including but not limited to Substack, OpenAI, and payment processors. Your use of these third-party services is subject to their respective terms of service and privacy policies.

7.2. Emma Brooks Design is not responsible for the availability or accuracy of such third-party services, or the content, products, or services available from them.

8. Payment Terms

8.1. Fees: Access to certain Services may require payment of fees as described on our website or through our purchasing platforms.

8.2. Billing: We will bill you in advance on a recurring basis, depending on the billing cycle you select when purchasing our Services.

8.3. Refunds: Unless otherwise specified, all purchases are final and non-refundable, except as required by applicable law or at our sole discretion.

8.4. Changes to Fees: We reserve the right to change our fees at any time. If we change our fees, we will provide notice of the change on our website or by email, at our option.

9. Design Services Terms

9.1. Project Acceptance: All design projects must be confirmed in writing before work commences.

9.2. Client Approval: All final designs require written client approval before being considered complete.

9.3. Revisions: Projects include a specified number of revisions as outlined in the project proposal. Additional revisions will incur additional fees.

9.4. Project Timeline: Project timelines will be established in the initial proposal. Significant delays caused by the client may result in project rescheduling and potential fee adjustments.

10. Termination

10.1. You may terminate your use of our Services at any time by discontinuing use or by cancelling your subscription.

10.2. We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

IN NO EVENT WILL EMMA BROOKS DESIGN, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

13. Indemnification

You agree to defend, indemnify, and hold harmless Emma Brooks Design, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable solicitors' fees) arising out of or relating to your violation of these Terms or your use of the Services.

14. Governing Law and Dispute Resolution

14.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

14.2. Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in London, England in accordance with the rules of the London Court of International Arbitration (LCIA).

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the "Effective Date" at the top of these Terms. Your continued use of the Services following the posting of the revised Terms means that you accept and agree to the changes.

16. Miscellaneous

16.1. Entire Agreement: These Terms constitute the entire agreement between you and Emma Brooks Design regarding your use of the Services.

16.2. Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

16.3. Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

16.4. Assignment: You may not assign or transfer these Terms without our prior written consent, but we may assign or transfer these Terms without restriction.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Emma Brooks Design

Email: hello@emmabrooksdesign.com

Website: emmabrooksdesign.com

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

©2025 Emma Brooks Design