Terms and Conditions | Designs By Spirit™

TERMS AND CONDITIONS

Designs By Spirit
Assembly of Spirit Enterprises LLC

Effective Date: August 24, 2026

Last Updated: August 24, 2026

These Terms and Conditions ("Terms") govern your access to and use of the Designs By Spirit website, online services, design tools, visualizers, applications, ordering systems, and related services, including the Design A View Studio (collectively, the "Services"), as well as purchases of products offered through Designs By Spirit.

Designs By Spirit is owned and operated by Assembly of Spirit Enterprises LLC ("Designs By Spirit," "Company," "we," "us," or "our").

Please read these Terms carefully before using the Services or placing an order. By accessing or using the Services, creating an account, uploading content, using our design tools, clicking an acceptance button, submitting an order, or purchasing a product, you agree to be bound by these Terms and any policies incorporated into them by reference.

If you do not agree to these Terms, please do not use the Services or submit an order.

1. About Designs By Spirit

Designs By Spirit provides custom decorative window products and related design services, which may include custom printed window blinds, replacement or slat-only products, window film, artwork and design selections, customer-supplied artwork reproduction, visualization tools, augmented-reality or similar preview features, and AI-assisted design capabilities.

Products, features, availability, specifications, pricing, and Services may change from time to time.

Certain specialized programs, including dealer, distributor, design professional, referral, wholesale, commercial, or Professional Network programs, may be governed by additional agreements. If a separate written agreement conflicts with these Terms regarding a particular program or transaction, the separate agreement will control for that program or transaction.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to place an order or create an account with us.

If you use the Services or place an order on behalf of a company, organization, government entity, or other legal entity, you represent that you have authority to bind that entity to these Terms.

The Services are not intended to enable children to make purchases independently.

3. Changes to These Terms

We may update these Terms periodically to reflect changes in our Services, products, business practices, technology, or applicable law.

When material changes are made, we will update the "Last Updated" date and provide any additional notice required by applicable law.

Changes apply prospectively unless otherwise stated or permitted by law. Orders already accepted by us remain subject to the terms applicable to the order when it was accepted unless the parties agree otherwise or applicable law requires a different result.

4. Privacy

Your use of the Services is also subject to the Designs By Spirit Privacy Policy, which describes how we collect, use, disclose, protect, and retain personal information.

The Privacy Policy is incorporated into these Terms by reference.

Where the Services use cookies, analytics, AI providers, payment processors, hosting providers, or other service providers, additional disclosures may be provided through our Privacy Policy or other notices presented to you.

5. Permitted Use of the Services

You may use the Services for lawful personal or legitimate business purposes consistent with these Terms.

You may not:

use the Services for any unlawful, fraudulent, deceptive, or abusive purpose;
interfere with the operation, availability, integrity, or security of the Services;
attempt to gain unauthorized access to accounts, servers, databases, administrative systems, source code, internal systems, or nonpublic information;
circumvent authentication, authorization, rate limits, security controls, or access restrictions;
probe, scan, or test vulnerabilities without our written authorization;
introduce viruses, malware, malicious scripts, or harmful code;
scrape, harvest, systematically download, copy, or extract content or data using automated means without our written permission;
reverse engineer, decompile, disassemble, or attempt to derive source code or proprietary logic except where applicable law expressly permits it;
attempt to obtain or reconstruct nonpublic pricing formulas, manufacturing methods, production logic, routing logic, image-processing methods, crop or tiling systems, security mechanisms, or other proprietary systems;
impersonate another person or misrepresent your affiliation with another person or organization;
use the Services to infringe intellectual property, privacy, publicity, contractual, or other legal rights; or
assist another person in doing any of the foregoing.

We may take reasonable steps to prevent, investigate, or stop suspected misuse of the Services.

6. Accounts and Account Security

Certain features may require an account.

You are responsible for providing accurate account information and maintaining the confidentiality of your login credentials.

You are responsible for activity conducted through your account unless that activity results from a security failure for which applicable law makes us responsible.

You must notify us promptly if you believe your account or credentials have been compromised.

We may require additional identity or account verification when reasonably necessary to protect customers, the Company, or the Services.

7. Product Information

We make reasonable efforts to describe our products accurately. However, product photographs, illustrations, mockups, digital samples, previews, measurements, dimensions, colors, transparency, textures, brightness, opacity, print appearance, scale, and other visual representations may differ from the finished physical product.

Differences may result from, among other things:

monitor or device settings;
display calibration;
lighting conditions;
photography;
image compression;
source-file quality;
printing processes;
substrate or material characteristics;
translucency or opacity;
manufacturing tolerances;
installation conditions;
viewing angle; and
natural variation in materials.

A digital representation should therefore be treated as a design and visualization aid rather than a guarantee of exact physical appearance.

Any material specification or written product warranty expressly provided with a product remains applicable according to its terms.

8. Design A View Studio and Visualization Tools

Designs By Spirit may provide visualization tools, including the Design A View Studio, that allow you to preview designs, position artwork, select products, enter measurements, adjust cropping or scaling, generate designs, upload photographs, create panoramic layouts, or view products in simulated environments.

These tools are intended to assist with design decisions.

Visualizations are estimates and may not exactly reproduce:

physical dimensions;
perspective;
lighting;
color;
print characteristics;
material transparency;
depth;
alignment;
mounting conditions;
room geometry; or
the final installed appearance.

You should verify your measurements, product selection, design positioning, and other order details before approving or submitting an order.

9. Augmented Reality and Camera-Based Features

If augmented reality ("AR"), camera-based visualization, or spatial positioning features are available, they are provided as visualization aids.

AR results may be affected by device capabilities, camera accuracy, room lighting, perspective, surfaces, environmental conditions, or user positioning.

AR previews do not constitute professional measurements and should not be relied upon as a substitute for verifying the actual dimensions and installation requirements of the relevant window or installation area.

10. Artificial Intelligence and AI-Assisted Features

Certain Designs By Spirit Services may use artificial intelligence, generative artificial intelligence, generative expansion, image generation, image editing, upscaling, background generation, or related technologies ("AI Features").

AI-generated or AI-assisted results may occasionally:

contain unexpected or inaccurate visual elements;
differ between generations;
resemble existing styles, concepts, or works;
contain imperfections or artifacts;
require editing or review;
produce results that are not unique; or
have uncertain intellectual-property status under applicable law.

You are responsible for reviewing AI-generated or AI-assisted designs before approving their use in a product.

Unless expressly stated otherwise, Designs By Spirit does not guarantee that an AI-generated result is unique, registrable, copyrightable, trademarkable, or free from all possible third-party claims.

AI Features may rely upon third-party technology providers. Information regarding processing of prompts, images, or other information by service providers will be handled as described in our Privacy Policy and applicable notices.

Nothing in these Terms transfers ownership to you of any underlying AI model, Company software, proprietary technology, system, or third-party technology.

11. Customer Content

"Customer Content" means photographs, artwork, graphics, files, text, prompts, logos, trademarks, designs, images, instructions, or other materials that you upload, submit, transmit, or otherwise provide to Designs By Spirit.

You retain whatever ownership rights you lawfully hold in your Customer Content.

By submitting Customer Content, you grant Designs By Spirit a limited, non-exclusive, worldwide license to host, store, reproduce, modify, crop, resize, upscale, expand, process, display, transmit, and otherwise use that Customer Content solely as reasonably necessary to:

provide the Services you request;
create previews and visualizations;
communicate with you about your project;
prepare estimates or quotes;
process and manufacture your order;
perform image processing or design services you request;
fulfill, ship, or support your order;
maintain legally required business records;
prevent fraud or misuse;
resolve disputes; and
comply with legal obligations.

This operational license does not give Designs By Spirit permission to use your personal Customer Content in public advertising, marketing, portfolios, social media, or promotional materials unless you separately authorize that use or another lawful basis clearly applies.

The operational license ends when it is no longer reasonably necessary for these purposes, subject to backup systems, legal requirements, dispute preservation, and our applicable retention practices.

12. Your Responsibility for Submitted Content

By submitting Customer Content, you represent that:

you own the content or have all permissions, licenses, consents, and legal rights necessary to use and reproduce it;
our processing, reproduction, printing, manufacturing, and fulfillment of your request will not infringe another party's copyright, trademark, privacy, publicity, contractual, or other legal rights;
any person whose legally protected image or likeness is used has provided any consent required by law; and
your submission and requested use are lawful.

You should not upload content that you do not have the legal right to reproduce.

We are not responsible for determining ownership or licensing rights in Customer Content before every submission.

We may decline, suspend, or cancel a design request if we reasonably believe the Customer Content may be unlawful, infringing, fraudulent, abusive, or inconsistent with these Terms.

13. Prohibited Customer Content

You may not knowingly use the Services to create, upload, reproduce, or manufacture content that:

infringes intellectual-property rights;
unlawfully violates privacy or publicity rights;
is defamatory or unlawfully threatening;
depicts or facilitates illegal activity;
exploits or sexually depicts minors;
contains malicious software or code;
is submitted for fraud, impersonation, counterfeiting, or deception; or
otherwise violates applicable law.

We reserve the right to reject content where reasonably necessary to protect the Company, our customers, third parties, or the lawful operation of the Services.

14. Designs By Spirit Content and Intellectual Property

Except for Customer Content and third-party material, the Services and their contents are owned by or licensed to Assembly of Spirit Enterprises LLC.

This includes, where applicable:

Designs By Spirit branding and logos;
Design A View Studio software and interfaces;
website design and content;
product photography;
text;
graphics;
catalog artwork and stock selections;
proprietary visualizations;
software;
code;
databases;
processes;
layouts;
design systems;
documentation; and
other proprietary materials.

These materials are protected by applicable copyright, trademark, trade-secret, and other intellectual-property laws.

You may not reproduce, distribute, commercially exploit, modify, reverse engineer, resell, license, publish, or create unauthorized derivative uses of Company intellectual property except as expressly authorized by us or permitted by law.

15. Designs By Spirit Stock Selections

Artwork or designs offered as Designs By Spirit stock selections remain owned by Designs By Spirit or the applicable rights holder.

Purchasing a physical product containing a Designs By Spirit stock selection gives you the right to own, install, display, use, transfer, or resell that physical product, subject to applicable law.

It does not separately transfer copyright, source files, reproduction rights, commercial licensing rights, or ownership of the underlying artwork unless we expressly agree otherwise in writing.

16. Feedback and Suggestions

If you voluntarily provide ideas, suggestions, comments, or general product feedback that are not Customer Content submitted for production, you grant us permission to use that feedback to improve our products, Services, or business without an obligation to compensate you.

This section does not authorize us to publicly use your photographs, artwork, private project files, testimonials, name, or likeness without any consent otherwise required by these Terms or applicable law.

17. Measurements

Accurate measurements are essential for custom products.

Unless Designs By Spirit expressly agrees in writing to provide measurement services, you are responsible for the measurements you submit.

Please follow the measurement instructions provided for the particular product.

Where our instructions state that Designs By Spirit will make manufacturing deductions or allowances, you should provide the requested actual measurements and should not make additional deductions unless instructed to do so.

If a customer supplies incorrect measurements, products manufactured correctly according to those submitted measurements are not considered defective solely because they do not fit the intended location.

Because customized products may not be reusable or resalable, returns or remakes resulting solely from customer measurement errors are generally not available unless otherwise required by law or expressly agreed by Designs By Spirit.

We strongly encourage customers who are unsure about measurement or installation to consult a qualified independent professional before ordering.

18. Window Film Measurements and Compatibility

Where window-film products are offered, customers should provide measurements according to the instructions presented for that product.

Any manufacturing or trim allowance that Designs By Spirit states it will apply should not be duplicated by the customer.

Window film and related products may not be appropriate for every type of glass, glazing system, window construction, coating, environmental condition, or installation.

Customers and installers are responsible for reviewing applicable product specifications and determining suitability for the intended installation unless Designs By Spirit expressly undertakes that responsibility in writing.

19. Order Review and Approval

Before submitting a custom order, you are responsible for reviewing the information associated with the order, including as applicable:

product;
dimensions;
mounting preference;
artwork;
image orientation;
cropping;
positioning;
scale;
panoramic arrangement;
quantity;
material;
finish;
accessories;
shipping information; and
other customization choices.

Where an approval preview, proof, or confirmation is provided, your approval authorizes us to proceed based upon the approved information.

Changes requested after approval may not be possible once customization or manufacturing has begun.

20. Order Acceptance

Submitting an order does not necessarily mean that we have accepted it.

We may decline or cancel an order before acceptance when reasonably necessary because of:

product unavailability;
technical errors;
pricing errors;
suspected fraud;
payment problems;
inability to manufacture the requested configuration;
prohibited Customer Content;
legal restrictions; or
another legitimate business reason.

If we cancel an order after payment has been collected and no amount is properly owed for completed authorized work, we will provide the appropriate refund.

An automated order confirmation may acknowledge receipt of an order without constituting final acceptance where the surrounding circumstances reasonably indicate further review is required.

21. Pricing

Prices are shown in U.S. dollars unless otherwise indicated.

We may change prices prospectively at any time.

A price change does not affect an order we have already accepted except where the parties agree to a change or an obvious error is handled as permitted by law.

Applicable taxes, shipping charges, installation charges, service charges, customization charges, discounts, promotional terms, or other amounts will be disclosed as applicable during the ordering process.

Any quotation is valid for the period stated in the quotation. If no period is stated, we may update the quotation before an order is accepted.

22. Payment

You agree to provide current, complete, and accurate payment and billing information.

Payments may be processed by third-party payment processors.

We do not require customers to provide payment-card information through methods that we have not designated for payment processing.

By providing a payment method, you represent that you are authorized to use it and authorize the applicable charge for your transaction.

We may delay production or fulfillment if payment authorization fails or if additional verification is reasonably required.

23. Custom Products and Cancellation

Many Designs By Spirit products are manufactured, printed, cut, processed, or otherwise customized specifically for an individual customer.

Because of this customization, an order may become non-cancellable once design preparation, image processing, printing, cutting, manufacturing, or other customized production has begun.

If you need to cancel or change an order, contact us as soon as possible.

We will make reasonable efforts to accommodate requests received before irreversible customization or production occurs, but cancellation or modification cannot be guaranteed after work has begun.

Any material non-refundable charge that applies before production will be disclosed as required by law.

24. Shipping and Delivery

Shipping availability, charges, and estimated delivery information will be provided through the applicable product page, quotation, checkout process, or order confirmation.

Delivery and production dates are estimates unless we expressly state that a specific date is guaranteed.

We will use commercially reasonable efforts to fulfill accepted orders within the stated timeframe.

If we become unable to ship merchandise within the promised timeframe, we will provide notices, delay options, cancellations, or refunds as required by applicable law.

We are not responsible for delays caused by events outside our reasonable control, but this does not eliminate any cancellation, refund, or other rights that applicable consumer law gives you.

Customers are responsible for providing an accurate and deliverable shipping address.

Additional charges arising from an incorrect customer-provided address, refused shipment, or repeated delivery attempt may be the customer's responsibility where permitted by law.

25. Delivery Inspection and Shipping Damage

Please inspect your shipment promptly after delivery.

If a product arrives visibly damaged, incomplete, or materially different from the order, contact Designs By Spirit promptly and retain:

the product;
packaging;
shipping label;
photographs of the damage; and
any other information reasonably necessary to investigate the claim.

Whenever practicable, we recommend contacting us within seven (7) days after delivery regarding visible shipping damage so that carrier and fulfillment claims can be investigated promptly.

Failure to report a problem within seven days does not waive any non-waivable right or warranty remedy provided by applicable law.

26. Returns, Remakes, and Refunds

Because many Designs By Spirit products are personalized and custom manufactured, customized products are generally not returnable merely because a customer changes their mind after production.

This does not apply where a return, replacement, repair, refund, or other remedy is required by law.

Depending upon the circumstances, Designs By Spirit will evaluate appropriate remedies for:

manufacturing defects;
incorrect products shipped by us;
material production errors attributable to us;
qualifying warranty claims; and
shipping damage.

Products manufactured accurately from measurements, files, designs, specifications, or selections approved or supplied by the customer generally are not defective merely because those customer-supplied details were incorrect.

Before returning a product, please contact Designs By Spirit for instructions. Unauthorized returns may be refused where permitted by law.

Any separate Returns and Refunds Policy published by Designs By Spirit is incorporated into these Terms. If that policy provides a customer with greater rights than these Terms, the more customer-protective provision will apply.

Nothing in this section limits rights that cannot legally be waived.

27. Product Warranties

Any written warranty provided for a Designs By Spirit product will state the warranty coverage, duration, exclusions, and applicable claim process.

The applicable written warranty, if any, should be reviewed before purchase and retained with your order records.

Normal wear, misuse, abuse, improper maintenance, unauthorized alterations, improper installation, environmental damage, or damage caused by conditions outside the product's stated specifications may be excluded where permitted by the applicable warranty and law.

However, warranty coverage will not be denied solely because a customer used an independent installer or service provider where such a denial would violate applicable law.

Nothing in these Terms disclaims or limits any implied warranty, statutory warranty, product-liability obligation, or consumer right that cannot lawfully be disclaimed or limited.

28. Installation

Unless installation is expressly included in your written order, Designs By Spirit does not provide installation as part of the purchase.

Customers are responsible for ensuring that products are installed safely and correctly and in accordance with instructions, specifications, building requirements, and applicable law.

Installation conditions vary. Walls, windows, glazing, frames, electrical systems, structural conditions, obstructions, surfaces, coatings, and other environmental factors may affect suitability or installation.

When professional assistance is appropriate, customers should use a qualified installer.

29. Independent Installers and Installation Resources

Designs By Spirit may provide an Installation Help resource or links to third-party organizations, directories, installers, or professional networks that may help customers locate installation services.

Unless expressly stated otherwise in writing, these installers are independent third parties and are not employees, agents, franchisees, or "Designs By Spirit Certified Installers."

A listing or external directory link is provided as a convenience and does not constitute a guarantee or endorsement of a particular installer.

Customers are responsible for independently evaluating an installer, including experience, qualifications, licensing where applicable, insurance, pricing, references, product familiarity, and suitability for the project.

Any agreement for independent installation services is between the customer and installer.

Designs By Spirit is not responsible for an independent installer's acts, omissions, pricing, scheduling, workmanship, representations, or contractual obligations except to the extent applicable law provides otherwise.

30. Commercial Projects

Products may be used in homes, offices, businesses, hospitality environments, retail locations, commercial spaces, and other appropriate settings.

Customers ordering for commercial projects remain responsible for determining whether the product satisfies the project's particular requirements, including building, safety, fire, lease, signage, accessibility, architectural, or other applicable requirements unless Designs By Spirit expressly agrees in writing to undertake that review.

Commercial quotes, purchase orders, project specifications, or other written agreements may contain additional terms.

31. Professional Network, Dealer, Distributor, and Trade Programs

Access to any Designs By Spirit Professional Network, distributor, dealer, trade, referral, wholesale, or design-professional program may require approval and may be governed by additional program agreements and policies.

Access credentials for nonpublic professional systems may not be shared with unauthorized persons.

Program participants may only access information and functionality authorized for their role.

If program-specific terms conflict with these general website Terms, the program-specific agreement controls for matters covered by that agreement.

32. Reviews and Testimonials

If Designs By Spirit allows customers to submit reviews, ratings, photographs, testimonials, or similar feedback, submissions must reflect genuine opinions and experiences.

You may not knowingly submit:

fake reviews;
reviews about experiences that did not occur;
impersonated reviews;
reviews containing materially false statements; or
reviews submitted in violation of applicable law.

Where a reviewer has received compensation, free products, discounts, incentives, or another material benefit connected with a review or endorsement, any disclosure required by law must be made clearly.

We reserve the right to moderate content for legal compliance, privacy, harassment, spam, irrelevant material, or violations of these Terms. We will not suppress a legitimate negative review merely because it is negative.

33. Copyright Complaints

Designs By Spirit respects intellectual-property rights.

If you believe material available through our Services infringes your copyright, please send a written notice containing sufficient information to identify:

the copyrighted work claimed to have been infringed;
the allegedly infringing material and information reasonably sufficient to locate it;
your name and contact information;
a statement that you have a good-faith belief that the complained-of use is not authorized by the copyright owner, its agent, or law;
a statement that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner; and
your physical or electronic signature.

Notices should be sent to:

Copyright Agent

Assembly of Spirit Enterprises LLC / Designs By Spirit

Email: info@designsbyspirit.com

Mailing Address:

1111 E. Dalton

Spokane, WA 99207

Where applicable, Designs By Spirit may remove or disable access to material in response to a valid copyright notice and may take appropriate action concerning repeat infringers.

Nothing in this section represents that Designs By Spirit qualifies for a particular statutory safe harbor unless all applicable legal requirements have been satisfied.

34. Third-Party Websites and Services

The Services may contain links to or integrations with third-party websites, directories, payment processors, mapping providers, social networks, AI providers, hosting services, installers, or other third-party services.

Third-party services are governed by their own terms and privacy practices.

A link or integration does not necessarily constitute endorsement.

We are not responsible for third-party services or content except where applicable law provides otherwise.

35. Electronic Communications

By using the Services or providing an email address or other electronic contact method, you consent to receiving transactional communications electronically, including:

order confirmations;
account notices;
proofs and design approvals;
shipping information;
invoices;
security notices;
policy notices; and
customer-service communications.

You are responsible for maintaining a current email address or other contact information.

Marketing communications are governed separately by applicable consent and opt-out requirements. Declining marketing messages will not prevent us from sending necessary transactional or legally required communications.

36. Service Availability

We seek to provide reliable Services but do not guarantee that the website, Studio, AR features, AI Features, account systems, or other digital Services will operate continuously or without interruption.

We may perform maintenance, make updates, correct errors, discontinue features, or temporarily restrict access.

We may modify or discontinue a free digital feature prospectively without liability, subject to any obligations associated with an accepted paid order or separate written agreement.

37. Digital-Service Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, DESIGN TOOLS, VISUALIZERS, AI FEATURES, AR FEATURES, AND OTHER FREE DIGITAL SERVICES ARE PROVIDED ON AN "AS AVAILABLE" BASIS.

WE DO NOT WARRANT THAT DIGITAL SERVICES WILL BE UNINTERRUPTED, COMPLETELY ERROR-FREE, OR COMPATIBLE WITH EVERY DEVICE OR BROWSER.

THIS DIGITAL-SERVICE DISCLAIMER DOES NOT OVERRIDE ANY EXPRESS PRODUCT WARRANTY, IMPLIED WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED, STATUTORY CONSUMER PROTECTION, OR OTHER NON-WAIVABLE RIGHT.

38. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DESIGNS BY SPIRIT AND ASSEMBLY OF SPIRIT ENTERPRISES LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE DIGITAL SERVICES, INCLUDING LOST DATA, LOST PROFITS, OR BUSINESS INTERRUPTION, WHEN SUCH DAMAGES MAY LAWFULLY BE EXCLUDED.

WHERE LIABILITY MAY LAWFULLY BE LIMITED, OUR AGGREGATE LIABILITY ARISING FROM A PARTICULAR TRANSACTION WILL NOT EXCEED THE AMOUNT PAID TO DESIGNS BY SPIRIT FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

These limitations do not apply to the extent prohibited by law, including where applicable to liability for:

personal injury or death;
defective products;
fraud;
willful misconduct;
gross negligence;
violations of non-waivable consumer rights; or
another category of liability that applicable law does not permit us to exclude or limit.

Some jurisdictions do not permit certain limitations of liability, so portions of this section may not apply to you.

39. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Assembly of Spirit Enterprises LLC, Designs By Spirit, and their officers, employees, representatives, and agents from third-party claims, liabilities, damages, and reasonable costs arising directly from:

Customer Content that you did not have the legal right to use;
your material violation of these Terms;
your unlawful use of the Services;
fraud or intentional misconduct by you; or
your infringement of another person's intellectual-property, privacy, or publicity rights.

This obligation does not require you to indemnify us for our own negligence, unlawful conduct, breach of these Terms, or another matter for which indemnification cannot lawfully be required.

Any consumer indemnification obligation applies only to the extent enforceable under applicable law.

40. Force Majeure

Neither party will be responsible for delay or failure caused by circumstances beyond its reasonable control, such as natural disasters, fires, severe weather, epidemics, governmental actions, war, terrorism, labor disruptions, carrier disruptions, utility failures, supply-chain interruptions, or major telecommunications or technology outages.

We will use reasonable efforts to minimize the impact of such events.

This section does not eliminate refund, cancellation, shipment-delay, or other rights that applicable law gives consumers.

41. Suspension and Termination

We may suspend or terminate access to all or part of the Services when reasonably necessary because of:

a material violation of these Terms;
suspected fraud;
security threats;
unlawful conduct;
repeated infringement;
abuse of the Services; or
another legitimate reason necessary to protect the Company, other users, or third parties.

Where appropriate, we may provide notice and an opportunity to correct the issue.

Termination does not eliminate rights or obligations arising before termination, including payment obligations for completed authorized work, intellectual-property obligations, or provisions intended by their nature to survive termination.

42. Informal Dispute Resolution

Before filing a lawsuit concerning these Terms or a purchase, we encourage you to contact Designs By Spirit so that we can attempt to resolve the issue.

Please provide your name, order number if applicable, a description of the issue, and the resolution you are requesting.

Nothing in this section prevents either party from seeking urgent injunctive relief, pursuing an eligible small-claims matter, complying with a legal deadline, or exercising a right that cannot lawfully be restricted.

43. Governing Law and Venue

These Terms and disputes arising from them are governed by the laws of the State of Washington, without regard to conflict-of-law principles, except where federal law or another jurisdiction's mandatory consumer law applies.

Subject to applicable consumer rights, legal proceedings relating to these Terms will be brought in the state or federal courts serving Spokane County, Washington.

If applicable law gives a consumer the right to bring a claim in another jurisdiction, this section does not take away that right.

44. Consumer Rights

These Terms are intended to supplement, not eliminate, rights provided by applicable consumer-protection law.

If a provision of these Terms conflicts with a non-waivable consumer right, the applicable law controls and the remaining provisions continue to apply.

Nothing in these Terms is intended to require a consumer to waive a remedy or protection that cannot legally be waived.

45. Severability

If a court of competent jurisdiction determines that any provision of these Terms is unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed if necessary.

The remaining provisions will remain in effect.

46. No Waiver

Our failure to enforce a provision of these Terms on one occasion does not waive our right to enforce that provision or another provision later.

A waiver is effective only when made in writing by an authorized representative, except where applicable law provides otherwise.

47. Assignment

You may not assign contractual rights or obligations under these Terms in connection with an account or pending customized order without our consent where the assignment would materially affect our obligations.

We may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, or transfer of the Designs By Spirit business, provided that the assignment does not eliminate non-waivable consumer rights.

48. Entire Agreement and Order of Precedence

These Terms, together with the Privacy Policy and any applicable:

product warranty;
return or refund policy;
shipping policy;
order confirmation;
quotation;
program agreement; or
other written agreement expressly incorporated into a transaction,

constitute the applicable agreement between you and Designs By Spirit concerning the subject matter they cover.

If documents conflict, a specifically negotiated written agreement or order-specific term generally controls over these general Terms for that transaction, followed by applicable product- or program-specific terms and then these general Terms, except where law requires a different result.

49. Contact Information

Questions about these Terms may be directed to:

Designs By Spirit

Assembly of Spirit Enterprises LLC

Email: info@designsbyspirit.com

Customer Service Phone: (509) 964-4387

Mailing Address:

1111 E. Dalton

Spokane, WA 99207

For order questions, please include your order number when available.

50. Acceptance

BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, SUBMITTING CUSTOMER CONTENT, APPROVING A CUSTOM DESIGN, CLICKING A BUTTON INDICATING AGREEMENT, OR PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.

If you are accepting these Terms on behalf of a business or other organization, you represent that you are authorized to do so.