
Terms and Conditions
These Terms and Conditions govern your use of the Instinctive Studio website and the customised creative, strategy, design, software, digital-experience, and 3D/XR services provided by Instinctive Solutions Global Pvt. Ltd. They also explain how project scope, payment, digital delivery, intellectual property, cancellation, and disputes are handled.
1. Acceptance, Authority and Website Use
These Terms apply when you access or use instinctive.studio, submit an enquiry, accept a proposal, quotation, statement of work, order form, or other written offer, engage our services, or make a payment to Instinctive Solutions Global Pvt. Ltd. (“Instinctive Studio”, “we”, “us”, or “our”). By doing so, you agree to these Terms and the policies referenced in them.
You must be at least 18 years old and legally capable of entering into a binding agreement. If you act for a company or other organisation, you confirm that you have authority to bind it. You must use our website lawfully and must not attempt to disrupt, reverse engineer, scrape without permission, introduce malicious code, gain unauthorised access, or infringe the rights of another person.
Submitting an enquiry does not require us to accept an engagement. A service engagement begins only when the applicable proposal or other project document is accepted in the manner stated and any required advance payment is received.
2. Services and Project Documents
We provide customised services that may include brand and communication strategy, research, creative direction, identity and graphic design, website and software design or development, content and digital experiences, motion and 3D/XR work, consulting, and related deliverables. The exact services are those stated in the applicable project document.
Each accepted proposal, quotation, statement of work, order form, email confirmation, or signed agreement may specify scope, deliverables, milestones, assumptions, dependencies, exclusions, review rounds, timeline, fees, payment schedule, acceptance criteria, and special terms. Those project-specific terms form part of the agreement and prevail over these website Terms to the extent of a direct conflict.
Statements on our website, portfolio, or in preliminary conversations are general information and are not a binding promise of a particular deliverable, timeline, technology, or result unless included in an accepted project document.
3. Client Responsibilities and Materials
The client must provide accurate and complete requirements, decisions, content, brand assets, approvals, access, credentials, test data, and feedback reasonably needed for the work. The client must identify any legal, regulatory, accessibility, security, hosting, compatibility, or internal-policy requirements that the deliverables must meet before work begins.
The client confirms that it owns or has permission to use and provide all materials, data, trademarks, copy, images, recordings, software, and instructions supplied to us, and that our permitted use of them will not infringe third-party rights or violate law. The client remains responsible for the accuracy and legality of its final content, claims, products, and business operations.
Credentials and confidential materials should be provided only through an agreed channel. The client must maintain suitable backups of its systems and content and promptly notify us of any known security issue or access change relevant to the project.
4. Quotes, Fees, Taxes and Payments
Fees, currency, applicable taxes, invoice dates, advance amounts, milestone payments, reimbursable expenses, and third-party costs will be stated in the applicable quotation or project document. Unless expressly stated otherwise, quoted fees exclude applicable taxes and external costs such as licences, fonts, stock assets, hosting, domains, platform subscriptions, media spend, travel, or specialist vendors.
Invoices must be paid in full by the stated due date, without unauthorised deduction or set-off. We may defer commencement, pause work, withhold deliverables or access, and revise a schedule while an undisputed payment or required client input is overdue. Any bank, foreign-exchange, intermediary, or payment-processing charge is the client’s responsibility unless agreed otherwise.
Online payments may be processed by Razorpay or another third-party payment provider and are also subject to that provider’s terms. We do not intentionally store complete card numbers, CVV, OTPs, UPI PINs, or online-banking credentials on our website.
5. Timelines, Dependencies and Scope Changes
Project dates are estimates unless a project document expressly identifies a date as fixed. Timelines depend on timely payments, access, decisions, content, approvals, feedback, third-party availability, and other stated assumptions. A delay or material change in a client dependency may extend milestones, require rescheduling, or result in additional cost.
Requests that add deliverables, change an approved direction, exceed included revision rounds, alter technical assumptions, require rework, or otherwise fall outside the agreed scope will be treated as a change request. We will identify the likely effect on fees and timing before undertaking material out-of-scope work. Approval may be recorded by email or another agreed written channel.
If a project is inactive because required client input is not received, we may place it on hold and allocate resources elsewhere. Restart timing will depend on availability, and a revised schedule or reasonable restart charge may apply if stated in the project document or agreed in writing.
6. Digital Delivery, Review and Acceptance
Our services and deliverables are ordinarily supplied digitally. Delivery may occur through email, a download or file-transfer link, cloud storage, a design or collaboration platform, a code repository, a staging environment, credentials, or another method stated in the project document. We do not ship physical goods unless a project document expressly includes a physical item and its shipping terms.
The client must review deliverables within any review or acceptance period stated in the project document and provide consolidated, specific feedback through the agreed channel. We will address defects or omissions where the delivered work materially fails to match the accepted scope. Preference changes, new requirements, third-party changes, and requests outside scope may be chargeable.
Delivery is complete when the agreed files, access, deployment, or other delivery event has been provided, subject to any express acceptance criteria. Launching, publishing, using, or approving a deliverable constitutes acceptance of the relevant work. Where formal acceptance testing is agreed, that process will govern. Ongoing maintenance, hosting, updates, or support are included only if expressly stated.
7. Cancellations, Rescheduling and Refunds
A client may request cancellation or rescheduling by writing to website@instinctive.studio and identifying the project, invoice, and reason. Cancellation is effective only when acknowledged in writing. If work has not started, eligible amounts may be refunded after deducting non-recoverable payment charges or third-party commitments where permitted and disclosed.
Once work has started, the client remains responsible for services performed, time reserved where expressly agreed, completed milestones, approved work in progress, and committed or non-recoverable third-party costs up to the effective cancellation date. A refund, if any, is calculated from the unearned and recoverable balance rather than automatically from the full amount paid.
The detailed eligibility rules, exclusions, request process, review periods, and payment timelines in our Refunds and Cancellations Policy form part of these Terms and apply to all cancellation and refund requests.
8. Intellectual Property and Portfolio Use
Each party retains ownership of materials, systems, methods, trademarks, content, data, know-how, and intellectual property that it owned or developed independently before the engagement. Unless the project document states otherwise, concepts, drafts, rejected directions, working files, source materials, reusable components, processes, tools, templates, code libraries, and know-how created or used by us remain ours.
After full payment of all invoices relating to the work, the client receives the ownership or licence rights in the approved final deliverables expressly described in the project document. Any embedded pre-existing material, reusable tool, open-source component, font, stock asset, platform element, or other third-party material remains subject to the relevant owner’s rights and licence terms. We may retain archival copies for legal, operational, and portfolio records.
Unless the client and we agree otherwise in writing before public launch, we may identify the client and display non-confidential completed work, the client’s name and logo, and a factual description of our role in portfolios, case studies, credentials, awards, social media, and marketing. We will not intentionally disclose client confidential information in doing so.
9. Third-Party Services and Technical Environments
A project may depend on third-party platforms, APIs, hosting, cloud services, plugins, open-source software, app stores, payment providers, analytics tools, fonts, stock assets, or other external products. Their availability, functionality, security, pricing, approval, and terms are controlled by their providers. Unless expressly included, the client is responsible for selecting, contracting with, paying for, and complying with those third-party services.
We are not responsible for an outage, rejection, policy change, deprecation, security event, price change, or incompatibility caused by a third party that we do not control. If such a change materially affects the agreed work, the parties will discuss a reasonable adjustment to scope, fees, or timeline.
The client is responsible for production decisions, accounts, backups, monitoring, regulatory approvals, and ongoing operation after handover unless the project document expressly assigns a responsibility to us.
10. Confidentiality, Privacy and Project Data
Each party must use the other party’s confidential information only for the engagement, protect it with reasonable care, and disclose it only to personnel, advisers, and authorised collaborators who need it and are subject to appropriate confidentiality obligations. Confidentiality does not apply to information that is public without breach, already lawfully known, independently developed, or lawfully received from another source. A disclosure required by law is permitted, with notice where legally allowed.
Our handling of personal information collected through the website and our business operations is described in our Privacy Policy. Where a client provides personal data for a project, the client confirms that it has a lawful basis and authority to do so and will provide documented instructions and any required notices. The parties may enter into additional data-processing, security, or confidentiality terms where the nature of an engagement requires them.
We may use aggregated or de-identified operational information that does not identify the client or an individual to improve our processes, estimate work, and understand service performance.
11. Professional Standard, Disclaimers and Liability
We will perform the agreed services with reasonable professional skill and care. If the client promptly identifies a material failure to meet an express acceptance criterion, we will use reasonable efforts to correct it within the agreed scope. Except for express commitments in a project document and rights that cannot lawfully be excluded, the website and services are provided without implied warranties of uninterrupted operation, universal compatibility, merchantability, fitness for an unstated purpose, or a particular commercial, marketing, technical, regulatory, or financial outcome.
To the extent permitted by law, neither party is liable to the other for indirect, incidental, special, exemplary, or consequential loss, or for loss of profit, revenue, goodwill, opportunity, anticipated savings, or data, arising from the engagement. Our aggregate liability relating to a project will not exceed the fees actually paid to us for the affected project scope.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for fraud or wilful misconduct. A party claiming loss must take reasonable steps to reduce it. The client’s payment obligations and responsibility for infringing or unlawful client-supplied materials are not limited by this section to the extent permitted by law.
12. Suspension, Termination, Force Majeure and Legal Terms
Either party may terminate an engagement as allowed by the project document or, for a material breach that can be remedied, after written notice and a reasonable opportunity to cure. We may suspend work or access immediately where reasonably necessary for overdue undisputed payment, security, unlawful activity, misuse, or risk to systems or third parties. On termination, the client must pay for completed work, approved work in progress, committed resources, and authorised non-recoverable costs, and each party must return or cease using confidential materials as reasonably required.
Neither party is responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, epidemic, war, civil disturbance, government action, internet or utility failure, labour disruption, or widespread third-party service failure. The affected party must communicate the impact and take reasonable steps to resume performance. If the event continues, the parties will discuss rescheduling, revised scope, or termination and any resulting refund under the Refunds and Cancellations Policy.
These Terms, the applicable project documents, and referenced policies form the agreement between the parties regarding the engagement. If a provision is unenforceable, the remaining provisions continue in effect. A failure to enforce a right is not a waiver. Neither party may assign the engagement without the other’s consent, except as part of a genuine corporate reorganisation or business transfer with appropriate continuity of obligations.
These Terms are governed by the laws of India. The parties will first attempt to resolve a dispute in good faith. Any unresolved dispute is subject to the courts of Bangalore, Karnataka. We may update these website Terms for future use by publishing a revised version with a new “Last Updated” date; changes will not retroactively alter an existing signed project agreement unless agreed.
Designated Officer: Vishal Pulikottil
Entity: Instinctive Solutions Global Pvt. Ltd.
Email: website@instinctive.studio
Phone: +91 96207 84458
Address: WeWork Manyata Redwood, 9th Floor, Block D-3, 302, Venkateshapura, Bangalore North, Bangalore - 560045, Karnataka, India.