Terms of Service

These terms make clear your rights and Asteroid’s rights in engagement with the “Services”.
Any use of the words, “I”, “me”, or “Asteroid” refers to the Designer, Asteroid.
Any use of the words, “you” or “the Customer” refers to the Customer who is engaging in and requesting any “Service”.
”Design” refers to any graphically-designed product, be it vector or raster based.
“Completed Design” refers only to the final Design that is received by the Customer in full form, as in, with the proper formatting needs provided and completed.
”Order Form” refers to the form to be filled out to receive product after clicking the “Order” button in the Services & Pricing page.
”Order” refers to the request for product, such as Designs or Tech Support.
”Revision” refers to any change to a Design requested by the Customer, which differs significantly from the foremost Order, as determined by Asteroid.

§1. Description of the Services.
1.1 - Designs. I will provide you with the Designs, as specified with your choices in the Order Form and later communication, in a timely manner, and according to the needs laid out in the Services & Pricing page as intended for the specific Design or Designs.
Asteroid will never use “Large Language Models”, “AI”, “ANI”, “AGI”, or “Machine Learning” to generate in part or in whole the final product the Customer receives. Asteroid holds the belief that creativity, necessary for creating art, is dependent on being wielded by a sentient, conscious being—not a “blackbox” of neural network-guided statistical pattern recognition.
1.2 - Tech Support. I will provide you, to the best of my ability, advice related to the particular hardware or software issue you have requested support for, through a communication method of your choice within the Order Form.

§2. Pricing.
2.1 - Designs. As laid out in the Services & Pricing page, final pricing for any Design you order is determined by Asteroid within the ranges given, and an invoice detailing individual costs will be provided to you through email upon your acknowledgement or communication that no further Revisions are required. Final pricing includes the cost of any font license required, via your request to use a specific font.
2.2 - Tech Support. As stated in the Services & Pricing page, your cost for this support will be dependent on which Operating System the computer you are needing this support for has. If you manage to fix your issue without ever needing to troubleshoot with the Operating System during our communication, then the issue was likely “trivial” and the total cost will be just $5. As for the “per hour” pricing in a “non-trivial” situation, the timing used for the cost will be determined based on the sum of time between starting communication and ending communication for that day, each day you continue to need support, until you communicate that your issue was solved and/or you no longer want support. An invoice detailing individual costs will be provided to you through email upon the aforementioned communication.

§3. Design Ownership Rights. These intellectual rights and permissions as described will be sent to you printed on paper and signed through the mail, or as digitally signed PDF files and sent through email depending on your decision to include a mailing address in your Order, after the payment for your Order is made.
3.1 - Exclusive Rights. Upon payment of the sum included on the invoice, the intellectual property rights of the Completed Designs will be the sole and exclusive property of the Customer, including but not limited to all copyrights, publishing rights and rights to use, reproduce and otherwise exploit in any and all formats, media, or all channels, whether now known or hereafter created.
3.2 - Portfolio/Gallery Inclusion. If selected within the Order Form, you grant the permission of Asteroid to display or present the selected Completed Designs in the Gallery, Portfolio and/or currently non-listed sections of this site for future benefit of Asteroid and for the reference of future Customers. An additional selection exists in the Order Form for the Customer to allow Asteroid to include their company’s name in such displays, if applicable.

§4. Confidentiality. Any and all communications and resources provided by you are considered strictly confidential and will be protected from any sharing or divulging with any outside party, unless explicitly stated to be otherwise by you.

§5. Design Completion Time. I will work to complete your Designs until you acknowledge or communicate that no further Revisions are required. Every Design is unique and will require a different amount of time to complete.

§6. Infringement. Asteroid will work tirelessly to prevent any Completed Design from infringing on the copyright of another party such as through patent, trademark, copyright, trade secret, or contractual or other proprietary rights of third parties. If such an infringement was discovered, and it cost the Customer damages, the Customer shall be entitled to a full refund for any such Completed Designs.

§7. Disclaimer of Warranties. THE COMPLETED DESIGNS ARE PROVIDED TO THE CUSTOMER “AS IS” WITH NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE TRANSACTION IS OVER AFTER THE CUSTOMER HAS ACKNOWLEDGED OR COMMUNICATED THAT NO FURTHER REVISIONS ARE REQUIRED AND HAVE PAID THE SUM STATED ON THE INVOICE.

§8. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ASTEROID BE LIABLE TO THE CUSTOMER AND VICE VERSA OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THESE TERMS SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.

§9. Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full effect and construed so as to best effectuate the original intent and purpose of the Terms.

§10. Termination. You or I may terminate an Order at any time. The hourly pricing of Tech Support always applies for “non-trivial” situations, but the rules for Designs are as follows: If the Order is terminated within two hours (120 minutes) of being submitted, you pay nothing. After two hours, but before any revision requests are submitted, if the Order is terminated, you will receive an invoice to pay the minimum price possible in the range designated on the Services & Pricing page for your particular order. If you have submitted revision requests after two hours and the Order is terminated, you will pay a percentage of the maximum price possible in the range designated on the Services & Pricing page, dependent on how close I was to completing the Order, based on my own discretion.

§11. Data Loss Liability. In the case of ordering Tech Support, you are solely responsible for backing up your data before listening to any advice given. I am not responsible for any action that you do that causes you to lose data, important or not. I cannot guarantee that you will not lose data, as I will not be the one performing actions on your computer. I am available to advise you on how to back up your data safely, for free, with no charge, through any communication method.

§12. Applicable Law/Jurisdiction. You and Asteroid agree that all disputes and claims between you and Asteroid shall be commenced and maintained exclusively in any state or federal court located in the state of Oklahoma, having subject matter jurisdiction. You and Asteroid hereby consent to the exclusive jurisdiction of such courts and waive any objections as to personal jurisdiction or venue in such courts.

§13. Changes to these Terms. You can review the most current version of the Terms of Service at any time on this page. Asteroid reserves the right, at Asteroid’s sole discretion, to update, change or replace any part of these Terms by editing this website. It is your responsibility to check this website periodically for changes. Your continued use of or access to the website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Changes to pricing, however, do not affect an in-progress Order; the ranges specified on the Services & Pricing page at the time the Order Form was submitted will continue to be considered for that Order, disregarding changes after that time.