Legal

Terms of Use

Effective date: 21 August 2026
Last updated: 21 August 2026

1. Agreement to these terms

These Terms of Use ("Terms") are a binding agreement between you and Garaj Creative ("Garaj Creative", "we", "us", "our") governing your access to and use of garajcreative.com, our client portal at my.garajcreative.com, our forms, and any content, tools or communications we make available through them (together, the "Site").

By accessing or using the Site you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Site.

2. Who we are

Garaj Creative is a design, development and marketing agency at 447 Broadway, 2nd Floor, New York, NY 10013, United States. We provide web design and development, software and mobile app development, marketing and advertising, graphic design, technical support, and photo and video production services (the "Services"). Garaj Creative operates alongside a related Australian business, Garaj Pty Ltd (garaj.com.au).

3. Eligibility

You must be at least 16 years old to use the Site. If you use the Site on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization.

4. The Site is informational; engagements are separate

The Site describes our Services and lets you get in touch. Nothing on the Site is an offer capable of acceptance, a quote, or a commitment to perform work. Any engagement of Garaj Creative is governed by a separate written proposal, statement of work or service agreement signed by both parties ("Engagement Terms"). Where these Terms conflict with signed Engagement Terms, the Engagement Terms control for that engagement.

Quotes, estimates and proposals are valid only for the period stated in them and may be revised or withdrawn before acceptance.

5. Accounts and the client portal

Some Services are delivered through my.garajcreative.com. You are responsible for keeping your login credentials confidential, for all activity under your account, and for notifying us promptly at hello@garajcreative.com if you suspect unauthorized access. We may suspend or terminate an account that we reasonably believe has been compromised or is being misused.

If you give us credentials or access to your own systems - hosting, domains, ad accounts, social accounts, repositories, CRMs - you confirm you are authorized to do so, and you remain responsible for maintaining your own backups and for revoking access when the engagement ends.

6. Acceptable use

You agree not to:

  • use the Site for any unlawful purpose or in breach of any applicable law or regulation;
  • access, tamper with or use non-public areas of the Site or our systems;
  • probe, scan or test the vulnerability of the Site, or breach any security or authentication measure;
  • use any robot, spider, scraper, data mining tool or other automated means to access or collect data from the Site, or otherwise systematically extract its content;
  • interfere with, overburden or disrupt the Site or any user's use of it, including by denial-of-service attack;
  • transmit malware or any harmful code;
  • impersonate any person or misrepresent your affiliation with any person or organization;
  • harvest information about other users; or
  • copy, reproduce, republish, sell, licence or create derivative works from the Site's content except as permitted in section 9.

7. SMS messaging terms

This section applies if you provide your mobile number and consent to receive text messages from us. It forms part of these Terms.

Program description. Garaj Creative operates a customer care and conversational text messaging program. We use SMS to reply to enquiries about our Services, to confirm and remind you of scheduled consultations, to send and follow up on quotes and proposals, to give you progress updates on projects you have engaged us for, to request the information, files or approvals we need to complete your work, and to notify you about invoices and account matters. We do not send unsolicited marketing, promotional broadcasts, or any content relating to lending, cannabis, gambling, firearms, debt collection or other restricted categories.

How you opt in. You will receive text messages from us only if you have given express consent, in one of these ways:

  1. by entering your mobile number and ticking the SMS consent checkbox on a form on garajcreative.com - the checkbox is not pre-ticked and the form can be submitted without it;
  2. by verbally asking us to text you during a phone call, video call or meeting, which we log with the date, time and the team member who took the request;
  3. by agreeing to receive text messages in a signed proposal, service agreement or client onboarding document; or
  4. by sending a text message to our business number first, which we treat as consent to reply to that conversation.

Consent is not a condition of purchase. You do not have to agree to receive text messages in order to buy any product or service from us.

Frequency and charges. Message frequency varies and depends on your enquiry or the stage of your project. Message and data rates may apply. Your mobile carrier's standard charges apply to any message you send or receive.

How to opt out. You may cancel the SMS service at any time by replying STOP to any message you receive from us. We will send one final message confirming that you have been unsubscribed, and you will receive no further text messages. To rejoin, opt in again as you did the first time. Opting out of SMS does not affect the Services we deliver to you - we will continue to contact you by email or telephone.

How to get help. Reply HELP to any message for assistance, or contact us at hello@garajcreative.com or (646) 205-2152.

Carriers. Carriers are not liable for delayed or undelivered messages. Delivery depends on transmission by your wireless provider and is outside our control.

Your mobile data. No mobile information will be sold, rented or shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. See our Privacy Policy for full detail.

Eligibility. You must be the account holder of, or have permission to use, the mobile number you provide, and you must be aged 16 or over. You agree to notify us if you give up or change that number.

8. Email and electronic communications

By contacting us or using the Site you consent to receive communications from us electronically, including by email and through the Site. You agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that they be in writing. You may unsubscribe from marketing emails at any time using the link in those emails; we will still send you transactional and service messages relating to an active engagement or account.

Calls with us may be recorded or transcribed for training, quality and record-keeping purposes where permitted by law, and we will tell you at the start of the call where notice is required.

9. Intellectual property

Our content. The Site and its content - text, graphics, logos, artwork, photographs, video, audio, icons, layouts, software and code - are owned by Garaj Creative or our licensors and are protected by United States and international copyright, trademark and other laws. The name "Garaj Creative", our logo and our other marks are our trademarks. You may not use them without our prior written permission.

Limited licence. We grant you a limited, revocable, non-exclusive, non-transferable licence to access the Site and to view, download and print its content for your own internal, non-commercial reference, provided you do not remove any copyright or proprietary notice. All other rights are reserved.

Client work. Ownership of deliverables we create for a client is determined by the signed Engagement Terms for that project, not by these Terms. Portfolio items and case studies shown on the Site remain subject to the rights of the respective owners.

Copyright complaints. If you believe content on the Site infringes your copyright, send a notice to hello@garajcreative.com including: identification of the work, identification of the material and its location, your contact details, a statement of good-faith belief that the use is unauthorized, a statement under penalty of perjury that the notice is accurate and that you are authorized to act, and your signature.

10. Your submissions and feedback

Anything you submit through the Site that is not confidential client project material - for example ideas, suggestions, enhancement requests or feedback - is provided on a non-confidential and non-proprietary basis. You grant us a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable right to use, reproduce, modify and incorporate that material for any purpose, without obligation to compensate or credit you. You represent that you have the right to submit it and that it is not unlawful, defamatory, harassing, discriminatory, misleading, or infringing of anyone's rights.

Confidential material you send us in the course of an engagement is treated in accordance with the confidentiality provisions of the signed Engagement Terms.

11. Third-party links and services

The Site links to and may integrate with third-party websites, platforms and services that we do not control. We provide those links for convenience only; they are not an endorsement. We are not responsible for third-party content, availability, security, terms or privacy practices, and your dealings with third parties are solely between you and them.

12. No professional advice and no guarantee of results

Content on the Site is general information about design, development and marketing. It is not legal, accounting, tax, financial, investment, medical or other professional advice, is not tailored to your circumstances, and should not be relied on as a substitute for advice from a qualified professional.

Except for any performance guarantee expressly set out in signed Engagement Terms, we make no representation, warranty or guarantee about earnings, revenue, profit, rankings, traffic, conversions, audience growth or any other outcome. Results depend on factors specific to you and your market, including your own execution, and outcomes vary. Testimonials, reviews and case studies on the Site reflect the experience of particular clients and are not a promise or prediction of what you will achieve. You are responsible for the management of your own business, for compliance in your own industry, and for evaluating whether our Services suit your needs.

13. Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Site or its servers are free of harmful components. You access the Site at your own risk and are responsible for maintaining current antivirus and security software on your own devices. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GARAJ CREATIVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US$100). Liability for services delivered under signed Engagement Terms is governed by those terms.

These limitations apply even if a limited remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

15. Indemnification

You agree to indemnify, defend and hold harmless Garaj Creative and its officers, directors, employees, contractors and agents from and against any claim, demand, loss, liability, damage, cost or expense (including reasonable attorneys' fees) arising out of or relating to your use of the Site, your breach of these Terms, your violation of any law, or your infringement of any third party's rights. We will notify you of any such claim and may, at our option, assume its exclusive defense at your expense.

16. Suspension and termination

We may modify, suspend or discontinue any part of the Site at any time without notice, and may restrict, suspend or terminate your access to the Site or the client portal at our discretion, including where we reasonably believe you have breached these Terms. Sections that by their nature should survive termination - including sections 9, 10, 12, 13, 14, 15, 17, 18 and 20 - will survive.

17. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of New York and the federal laws of the United States applicable in it, without regard to conflict-of-laws principles. Subject to section 18, you and Garaj Creative submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and waive any objection to venue there.

18. Dispute resolution and arbitration

Please read this section carefully - it affects how disputes are resolved.

Informal resolution first. Before starting a formal proceeding, you agree to contact us at hello@garajcreative.com with a written description of the dispute and the relief you seek, and to negotiate in good faith for at least 30 days.

Arbitration. If the dispute is not resolved, any dispute arising out of or relating to these Terms or the Site will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be seated in New York County, New York, conducted in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information.

Class action waiver. You and Garaj Creative agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, collective or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim must proceed in court and is severed from the arbitration.

19. Changes to these Terms

We may revise these Terms at any time. Revisions take effect when posted on this page, and the "Last updated" date will change. Where the changes are material we will take reasonable steps to bring them to your attention. Your continued use of the Site after that date constitutes acceptance of the revised Terms. Please review this page periodically.

20. General

Entire agreement. These Terms, together with the Privacy Policy and any signed Engagement Terms, are the entire agreement between you and us regarding the Site and supersede any prior understanding on that subject.

Severability. If any provision is held invalid or unenforceable, it will be read down to the minimum extent necessary to make it enforceable, or if that is not possible, severed, and the remaining provisions will remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition or sale of assets.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor disputes, epidemic, government action, power or internet failure, or failure of a third-party provider.

Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and us.

No third-party beneficiaries. These Terms do not confer rights on any person other than you and Garaj Creative.

Notices. Notices to us must be sent to hello@garajcreative.com or to the postal address below. Notices to you may be sent to the email address associated with your enquiry or account, or posted on the Site.

21. Contact us

Garaj Creative
447 Broadway, 2nd Floor
New York, NY 10013
United States

Email: hello@garajcreative.com
Phone: (646) 205-2152

Please also review our Privacy Policy.