These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your"), whether personally or on behalf of an entity, and BlackRabbit Studio ("Company," "we," "us," or "our"), owned and operated by Dyron Moore, concerning your access to and use of the blackrabbitxstudios.com website and all related services, including but not limited to web design, web development, hosting, maintenance, and the Client Portal (collectively, the "Services").
By accessing or using our website or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of our website and Services immediately.
BlackRabbit Studio provides professional web design and development services, including but not limited to: custom website design and development, e-commerce store builds, website hosting and maintenance, domain registration, search engine optimization (SEO) setup, email integration, and related digital services as described in our service packages.
The specific scope, deliverables, timelines, and pricing for each project are defined in a separate Web Design & Development Agreement ("Project Contract") executed between BlackRabbit Studio and the Client. These Terms govern the general use of our website and Services; the Project Contract governs the specific terms of each engagement.
To access certain features of our Services, including the Client Portal, you may be required to create an account. When registering, you agree to:
We reserve the right to suspend or terminate your account if any information provided is inaccurate, misleading, or incomplete, or if you violate these Terms.
Unless otherwise indicated, the blackrabbitxstudios.com website, including all source code, databases, functionality, software, designs, text, photographs, graphics, and all other content (collectively, "Site Content") are owned or licensed by BlackRabbit Studio and are protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the website for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Site Content without our prior written consent, except as expressly permitted by these Terms.
Intellectual property rights related to custom work created for Clients under a Project Contract are governed by the terms of that specific agreement.
You agree not to:
Payment terms for web design and development services are specified in your individual Project Contract. Payments are processed through Stripe, a PCI-compliant third-party payment processor. BlackRabbit Studio does not store your full credit card information on our servers.
For hosting and maintenance subscriptions, billing occurs on a monthly recurring basis. You authorize us to charge the payment method on file for all applicable fees. Failure to pay may result in suspension of hosting services as outlined in your Project Contract.
All prices are quoted in United States Dollars (USD) unless otherwise specified. Applicable taxes are the responsibility of the Client.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLACKRABBIT STUDIO, ITS OWNER, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.
BLACKRABBIT STUDIO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO BLACKRABBIT STUDIO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BlackRabbit Studio does not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. We do not guarantee any specific business results, including but not limited to website traffic, search engine rankings, lead generation, or revenue, from the use of our Services.
You agree to indemnify, defend, and hold harmless BlackRabbit Studio, its owner Dyron Moore, and any employees, contractors, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of the website or Services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) any content you provide to us in connection with a project.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.
Any dispute arising out of or relating to these Terms shall first be submitted to good-faith mediation. If mediation is unsuccessful, the dispute shall be resolved in the state or federal courts located in Midland County, Texas. The prevailing party in any legal action shall be entitled to recover its reasonable attorney's fees and court costs.
We reserve the right to terminate or suspend your access to the website and Services, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the website and Services will immediately cease.
All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, warranty disclaimers, limitation of liability, indemnification, and governing law.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, such as posting a notice on our website. Your continued use of the website or Services after any changes constitutes acceptance of the revised Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
These Terms, together with our Privacy Policy and any applicable Project Contract, constitute the entire agreement between you and BlackRabbit Studio regarding the use of our website and Services.
If you have any questions about these Terms, please contact us at:
BlackRabbit Studio
Dyron Moore, Owner
3323 N Midland Drive, Suite 113 PMB 1139
Midland, TX 79707
Email: [email protected]
© 2026 BlackRabbit Studio. All rights reserved.