Terms & Conditions

Last updated: 1 January 2026

These Terms & Conditions (“Terms”) govern access to and use of the website https://www.chyrkov.studio (the “Website”), digital products, and services provided by CHYRKOV studio, operated by 85CO SRL (“Company”, “we”, “us”, “our”).

Personal data processing related to your use of the Website and Services is governed by our Privacy Policy, which forms an integral part of these Terms.

By using the Website, purchasing products, or engaging our Services, you confirm that you have read and understood both these Terms and the Privacy Policy.

1. Scope & Legal Relationship

1.1. These Terms apply to:

  • Business clients purchasing professional services (B2B)

  • Individuals purchasing digital assets (templates, code, components)

  • Website visitors using the Website for informational or lead-generation purposes

1.2. The Company acts:

  • As Data Controller for Website visitors and clients

  • As Data Processor only where explicitly agreed in a written contract

1.3. Where a separate written agreement (MSA, SOW, service contract) exists, it prevails over these Terms. These Terms apply supplementally.

2. Services

2.1. We provide:

  • Custom design, development, consulting, and audit services

  • Fixed-price packages

  • Subscription-based retainers

  • Ongoing support and maintenance

  • Digital products (templates, code assets, components)

2.2. Services are provided using reasonable professional skill and care.

2.3. Nothing in these Terms creates an obligation to achieve specific business, financial, or commercial results.

3. User Access, Files & Data

3.1. Upon project start, Clients may receive access to:

  • Project files

  • Repositories

  • Third-party platforms and tools

3.2. Any personal data shared during collaboration is processed:

  • In accordance with the Privacy Policy

  • For purposes strictly related to service delivery, communication, compliance, and billing

3.3. Clients must not upload unlawful, infringing, or non-compliant personal data.

4. Payments & Billing

4.1. Payment terms:

  • 50% upfront payment

  • Milestone payments for services over €10,000

  • Subscription billing in advance

  • Invoices payable within Net 7 days

4.2. Payments are processed via Stripe, acting as an independent payment processor. Payment data is handled according to Stripe’s privacy practices, as described in our Privacy Policy.

5. Refunds & Consumer Rights

5.1. Services

  • Refunds apply only to services not yet performed

  • No refunds for completed work or time spent

  • Upfront payments are non-refundable once work has started

5.2. Digital Products

  • No refunds once delivered

  • EU statutory 14-day withdrawal rights apply only where mandatory

  • Right of withdrawal is waived once digital delivery begins, in accordance with EU law

5.3. Subscriptions

  • Refunds only for unused months

  • No refunds once a service period has started

6. Intellectual Property

6.1. Custom deliverables transfer to the Client only after full payment, unless otherwise agreed.

6.2. The Company retains ownership of:

  • Frameworks

  • Internal tools

  • Libraries

  • Methodologies

  • Reusable components

6.3. Digital assets are licensed, not sold.

6.4. Portfolio use requires prior written Client consent, consistent with confidentiality and data protection obligations.

7. Acceptable Use & Content Restrictions

You must not:

  • Scrape or harvest Website content

  • Reverse engineer or decompile materials

  • Use content to train AI or machine-learning models

  • Use materials competitively or to create derivative products

  • Upload personal data without lawful basis

Any misuse may result in immediate termination and legal action.

8. Third-Party Services

8.1. We use third-party providers including, but not limited to:

  • Stripe, Google Analytics, HubSpot, Hotjar, Cloudflare

  • Hosting, cloud, AI, design, collaboration, and development platforms

8.2. Third-party providers process data under their own terms and privacy policies, as disclosed in our Privacy Policy.

8.3. We are not responsible for third-party service availability, security incidents, or data loss.

9. Warranties & Disclaimers

9.1. Services and digital products are provided “as is” and “as available.”

9.2. To the maximum extent permitted by law:

  • No implied warranties apply

  • No guarantee of uninterrupted or error-free services

  • No warranty of fitness for a particular purpose

10. Limitation of Liability

10.1. To the maximum extent permitted by law, the Company shall not be liable for:

  • Indirect or consequential damages

  • Loss of profits, revenue, business, data, or reputation

10.2. Total liability is limited to the fees paid by the Client in the preceding six (6) months.

10.3. Nothing limits liability for:

  • Fraud or willful misconduct

  • Death or personal injury caused by negligence

  • Mandatory statutory rights under EU or US law

11. Indemnification

You agree to indemnify and hold harmless the Company from claims arising from:

  • Breach of these Terms

  • Unlawful use of services

  • Infringement of third-party rights

  • Data protection violations caused by your inputs

12. Termination

12.1. We may suspend or terminate access for:

  • Non-payment

  • Breach of Terms

  • Legal or compliance reasons

12.2. Termination does not affect accrued payment obligations or IP provisions.

13. Governing Law & Jurisdiction

13.1. These Terms are governed by EU law and the laws of Romania.

13.2. Exclusive jurisdiction lies with the competent courts of Romania.

14. Force Majeure

We are not liable for failure or delay caused by events beyond reasonable control, including infrastructure failures, cyber incidents, or regulatory actions.

15. Changes to Terms

We may update these Terms at any time. Updates will be published on the Website. Continued use constitutes acceptance.

16. Contact & Data Protection

For contractual or data protection inquiries:

CHYRKOV studio (85CO SRL)
hello@chyrkov.studio

Please also review our Privacy Policy for details on how we process personal data.