Last Updated: March 16, 2025
Introduction
Definition of Terms
Agreement to Terms
Changes to Terms
Services
Project Process and Deliverables
User Accounts
Client Responsibilities
Payments and Fees
Intellectual Property Rights
Content Ownership and Usage Rights
Design Review and Revision Policy
Privacy Policy
Prohibited Activities
Service Completion and Delivery
Refund Policy
Termination
Limitation of Liability
Disclaimer of Warranties
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Severability
Assignment
Entire Agreement
Contact Information
Welcome to Desverto. These Terms and Conditions (“Terms”) govern your access to and use of our website (www.desverto.com) and design services. By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, please do not use our services.
Our services are designed specifically for Amazon sellers seeking professional design solutions for their product listings, storefronts, and related marketing materials. These Terms outline our mutual obligations and establish the foundation for a productive working relationship.
For the purpose of these Terms and Conditions:
“Desverto,” “we,” “us,” or “our” refers to Desverto LLC, a limited liability company registered in Texas with its principal place of business at 5900 Balcones Drive STE 100, Austin, TX 78731, including its employees, officers, designers, contractors, and authorized representatives.
“Services” means all design services provided by Desverto, including but not limited to Amazon listing image design, A+ content creation, storefront design, product descriptions, and packaging design.
“Client,” “you,” or “your” refers to any individual or entity that engages our services.
“Project” means any design work commissioned by a client.
“Deliverables” refers to all designs, content, and materials created for clients.
“Amazon Platform” refers to Amazon.com and its affiliated marketplace websites.
“Content” includes text, images, graphics, logos, photographs, illustrations, and designs.
“Intellectual Property” includes copyrights, trademarks, trade secrets, designs, and other proprietary rights.
“Working Days” refers to Monday through Friday, excluding federal holidays observed in the United States.
“Website” refers to www.desverto.com and all associated web pages under the desverto.com domain.
By engaging our services, you acknowledge that:
You have read and understood these Terms in their entirety
You agree to be bound by these Terms without modification
You have the legal authority to enter into this agreement
You are at least 18 years of age and are legally capable of entering into binding contracts
You will use our services in accordance with these Terms
You consent to electronic communications from Desverto regarding your account and services
Your use of our services constitutes acceptance of these Terms
You understand that these Terms constitute a legally binding agreement between you and Desverto
We reserve the right to modify these Terms at our sole discretion at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services following any modifications indicates your acceptance of the updated Terms.
We will make reasonable efforts to notify you of significant changes through:
Email notifications to your registered email address
Notices posted on our website
Notifications within your client account dashboard
Announcements on our social media channels
It is your responsibility to review these Terms periodically. If you do not agree with the revised Terms, you must stop using our services. Your continued use after any changes constitutes acceptance of those changes.
Desverto provides specialized design services for Amazon sellers, including:
Amazon Listing Images: Professional product photography enhancement, infographics, lifestyle imagery, and comparison charts designed to maximize conversion rates while adhering to Amazon’s guidelines.
A+ Content Design: Strategic enhanced brand content that showcases product features and benefits through engaging layouts, custom graphics, and compelling copy.
Storefront Design: Cohesive brand representation across your Amazon storefront with custom headers, navigation elements, featured product sections, and seasonal promotions.
Product Packaging Design: Custom packaging solutions including boxes, inserts, labels, and shipping materials that strengthen brand identity and enhance customer experience.
Brand Identity Development: Logo creation, color palette selection, typography guidelines, and overall visual identity establishment.
Product Description Writing: SEO-optimized, benefit-focused product descriptions that highlight key selling points while maintaining compliance with Amazon’s policies.
Listing Optimization: Keyword research, title optimization, bullet point refinement, and backend search term implementation to improve search visibility.
Professional Design Execution: All designs are created by professional graphic designers with expertise in e-commerce and Amazon marketplace requirements.
Brand Consistency: We maintain your brand’s visual identity across all design elements to build recognition and trust.
Amazon Guidelines Compliance: All deliverables comply with Amazon’s technical specifications and content policies to prevent listing issues.
Original Creative Work: We create original designs tailored to your specific products and brand, avoiding templates or pre-made solutions.
Quality Assurance Review: Every project undergoes a multi-step review process to ensure accuracy, quality, and effectiveness.
Design Optimization for Conversion: Our design approach integrates e-commerce best practices and consumer psychology principles to maximize conversion potential.
We do not guarantee specific sales results or Amazon ranking improvements as these depend on multiple factors beyond design quality.
We do not provide Amazon seller account management services unless specifically contracted.
We do not offer website development or maintenance services beyond the scope of Amazon-related design.
We cannot guarantee approval of all content by Amazon, though we design according to current guidelines.
We do not provide legal advice regarding intellectual property, trademark, or copyright matters.
Our project process begins with a comprehensive intake of your requirements:
Design Brief Submission: You’ll complete our detailed design questionnaire that captures your brand information, target audience, design preferences, and specific project requirements.
Brand Guidelines Review: We’ll analyze any existing brand guidelines, logos, colors, fonts, and other brand assets to ensure consistency across deliverables.
Project Scope Definition: Together, we’ll clearly define the scope of work, including specific deliverables, dimensions, file formats, and any special requirements.
Timeline Establishment: We’ll provide an estimated completion timeline based on project complexity and our current workload, with clear milestones for review and feedback.
Price Quotation and Approval: You’ll receive a detailed price quote reflecting the agreed scope of work, which must be approved before work begins.
Our collaborative design process ensures your satisfaction with the final deliverables:
Initial Concept Development: Our designers create preliminary concepts based on your brief and brand guidelines, focusing on strategic marketing elements and conversion optimization.
Client Review and Feedback: You’ll have the opportunity to review initial concepts and provide specific feedback through our client portal or scheduled consultations.
Revision Rounds: We offer three (3) complimentary revision rounds for each project component, allowing refinement of designs to meet your needs (additional revisions available for an extra fee).
Final Design Approval: Once you’re satisfied with the designs, you’ll provide formal approval through our client portal.
File Delivery: Upon approval and full payment, you’ll receive all final files in the agreed-upon formats through our secure file transfer system.
We provide comprehensive deliverable packages tailored to your needs:
High-resolution Files: Final designs delivered in print-quality resolution (300 DPI or higher) in specified formats (JPEG, PNG, PDF, etc.).
Source Files: When applicable and included in your package, we provide editable source files (PSD, AI, etc.) with organized layers and clear structure.
Design Documentation: Detailed specifications including dimensions, color codes, font information, and implementation notes.
Usage Guidelines: Instructions for proper implementation of designs across various platforms and contexts.
Implementation Instructions: Step-by-step guidance for uploading content to Amazon or other platforms as applicable.
We employ professional project management practices to ensure smooth execution:
Dedicated Project Manager: Each client is assigned a project manager who serves as the primary point of contact throughout the project.
Progress Updates: Regular status updates provided through email or client portal.
Milestone Tracking: Clear tracking of project stages and upcoming deadlines.
Communication Records: Documentation of all project-related communications and decisions.
Quality Assurance: Multiple review points to ensure deliverables meet our standards and your requirements.
To facilitate project management and communication, you’ll need to create a client account:
Account Requirement: A client account is required for project management, file transfers, and communication.
Accurate Information: You must provide accurate, current, and complete information during registration and keep this information updated.
Secure Credentials: You are responsible for maintaining the security of your account credentials (username and password).
Regular Information Updates: You agree to promptly update your account information when changes occur to ensure we can reach you regarding your projects.
Account Verification: We may require verification of your identity or business information before activating your account.
The security of your account is a shared responsibility:
Password Confidentiality: You must maintain password confidentiality and not share access to your account.
Unauthorized Access Prevention: You are responsible for all activities that occur under your account credentials.
Activity Monitoring: You should regularly monitor your account for unauthorized access or suspicious activity.
Security Breach Notification: You must immediately notify us of any security breach or unauthorized use of your account.
Multi-Factor Authentication: We recommend enabling multi-factor authentication when available to enhance account security.
Your account is subject to certain restrictions:
Single User: Each account is for a single user or business entity, unless explicitly authorized otherwise.
No Transfer: Your account cannot be transferred to another individual or entity without our written consent.
No Shared Access: Sharing account access with unauthorized users is prohibited.
Usage Monitoring: We reserve the right to monitor account activity for security and compliance purposes.
Account Suspension: We may suspend accounts that violate these Terms or show signs of unauthorized access.
To ensure project success, you agree to:
Provide Accurate Project Requirements: Submit clear, detailed project specifications and promptly respond to requests for clarification.
Supply Necessary Brand Assets: Provide high-quality logos, images, product information, and other assets needed for your project in a timely manner.
Review Designs Promptly: Evaluate design concepts and provide feedback within five (5) business days to prevent project delays.
Provide Clear Feedback: Offer specific, actionable feedback rather than general comments to facilitate efficient revisions.
Maintain Communication: Respond to project-related inquiries within two (2) business days during active project phases.
Ensure Amazon Compliance: Verify that all content requested complies with Amazon’s terms of service and content guidelines.
Make Timely Payments: Complete all payments according to the agreed schedule to prevent project delays.
Respect Intellectual Property Rights: Ensure you have proper rights to use all materials provided to us, including images, logos, and text.
Final Review and Approval: Thoroughly review all final deliverables before approval, as you are responsible for final content verification.
Technical Implementation: Handle the technical implementation of delivered designs on Amazon or other platforms unless implementation services are explicitly included in your package.
Our payment structure is designed for transparency and fairness:
Project-based or Package Pricing: Services are priced either as packages or custom project quotes based on scope and complexity.
Payment Schedule: Unless otherwise specified, payment terms are as follows:
50% non-refundable deposit required to initiate work
Remaining 50% due upon project completion before delivery of final files
Rush projects may require 100% upfront payment
Payment Methods: We accept major credit cards, PayPal, bank transfers, and other specified payment methods through our secure payment system.
Late Payment Penalties: Payments not received by due dates may incur a late fee of 1.5% per month on the outstanding balance.
Refund Policy: Our detailed refund policy is outlined in Section 16 of these Terms and in our separate Refund Policy document.
Currency: All fees are quoted and payable in US Dollars unless otherwise specified.
Additional fees may apply in certain circumstances:
Extra Revision Rounds: Revisions exceeding the three (3) complimentary rounds will be charged at our hourly rate or as a flat fee determined by complexity.
Scope Changes: Changes to project scope after work has commenced will require a revised quote and additional payment.
Rush Delivery Fees: Expedited timelines may incur a rush fee of 25-50% of the regular project cost, depending on urgency and current workload.
Additional File Formats: Requests for deliverables in formats beyond those initially specified may incur additional fees.
Special Requirements: Custom requests requiring specialized skills or resources not included in the original scope may incur additional charges.
Cancellation Fees: Projects cancelled after work has begun are subject to cancellation fees as outlined in our Refund Policy.
In case of billing disagreements:
Dispute Period: You must notify us of any billing discrepancies within 15 days of invoice date.
Documentation: All billing disputes must be submitted in writing with supporting documentation.
Resolution Process: We will investigate and respond to all legitimate billing disputes within 10 business days.
Partial Payment: Undisputed portions of invoices remain due by the original due date.
We retain certain intellectual property rights throughout our relationship:
Design Process Ownership: We retain ownership of our proprietary design processes, methods, and techniques used in creating deliverables.
Template and Framework Rights: We maintain rights to underlying templates, frameworks, and systems used to create custom designs.
Tool and Method Rights: We retain all rights to proprietary tools, software, and methods used in our design process.
Portfolio Usage Rights: We reserve the right to display and describe your projects in our portfolio, case studies, and promotional materials, unless you explicitly opt out in writing.
Preliminary Designs: We retain ownership of all preliminary designs, drafts, and concepts not selected for final development.
Regarding content owned by third parties:
Licensed Content Usage: When we incorporate licensed stock images, fonts, or other third-party elements, usage rights are subject to the terms of those licenses.
Attribution Requirements: Some third-party content may require attribution, which we will provide in design documentation.
Usage Restrictions: Third-party content may have usage restrictions that we will communicate in the deliverable documentation.
Liability Limitations: We cannot guarantee third-party content will remain available or licensed under the same terms indefinitely.
License Transfer: When applicable, we will provide documentation for third-party licenses transferred to you.
10.3 Ownership Transfer
Upon full payment, Desverto transfers ownership rights of the final design deliverables to the client. However, Desverto retains a non-exclusive, non-transferable right to display the completed work in its portfolio, case studies, and marketing materials unless otherwise agreed in writing. This limited right ensures that Desverto can demonstrate its expertise to prospective clients while maintaining confidentiality on sensitive projects if requested by the client in writing.
10.4 Client Materials and Third-Party Content
The client represents that any materials, images, text, or brand assets provided to Desverto for use in a project are either owned by the client or the client has obtained necessary permissions for their use. Desverto shall not be liable for any legal claims resulting from the unauthorized use of third-party content provided by the client. Additionally, the client agrees to indemnify Desverto against any legal claims arising due to the misuse or misrepresentation of ownership of any provided materials. If Desverto suspects that third-party content may infringe intellectual property rights, it reserves the right to request proof of authorization before proceeding with the project.
11.1 Ownership of Final Deliverables
The final approved designs, upon completion of the full payment, shall be owned by the client, subject to the limitations outlined in this agreement. This ownership does not extend to any working files, preliminary concepts, templates, or proprietary design methodologies utilized during the project. Any additional requests for raw or editable files may be subject to additional fees.
11.2 License to Use Intellectual Property
Clients receive a perpetual, worldwide, royalty-free license to use the final approved designs for their intended purpose. However, the transfer of intellectual property rights does not include:
Rights to modify or resell the designs without prior written consent.
Exclusive ownership of underlying design frameworks or methodologies used in creating the deliverables.
Stock images, fonts, or other licensed assets, which remain the property of their respective owners.
If a client requires modifications to an existing design, Desverto must be notified before any third-party alterations are made to maintain quality assurance and design integrity.
11.3 Portfolio Usage Rights
Desverto reserves the right to showcase completed design projects in its portfolio, marketing materials, website, and promotional content unless the client provides a written request for confidentiality. This practice helps demonstrate Desverto’s expertise and the quality of work produced. However, sensitive or unreleased product designs will not be publicly displayed without prior client approval.
12.1 Initial Review Period
Clients shall have a period of five (5) business days upon receiving design drafts to review and provide feedback. If no feedback is provided within this timeframe, the project will be deemed approved and finalized. Clients are encouraged to review designs thoroughly before approving final versions to avoid additional revision fees later.
12.2 Included Revisions
Each project includes up to three (3) rounds of revisions to ensure client satisfaction. Revisions must be requested within seven (7) business days after receiving the latest draft. Any requests beyond the included revisions will incur additional fees, calculated based on the complexity of the changes.
12.3 Additional Revisions
Should the client require additional revisions beyond the included rounds, such revisions will be billed at an hourly rate or a flat fee, depending on the scope of the change. Desverto will provide a quotation for additional revisions before work commences.
12.4 Change of Scope
If the client requests substantial modifications that significantly deviate from the original brief, a revised quotation will be provided, and additional charges may apply. This includes fundamental layout changes, new branding direction, or changes that require redoing previous work.
By using Desverto’s services, clients acknowledge and agree to the terms outlined in the Privacy Policy, which governs the collection, use, and protection of personal data. The Privacy Policy is incorporated by reference into these Terms and Conditions and can be accessed on our website.
Clients agree not to:
Use any design deliverables in violation of Amazon’s guidelines or applicable laws.
Reproduce, distribute, or modify the deliverables beyond the agreed-upon scope.
Use any designs in a manner that is defamatory, misleading, or deceptive.
Claim Desverto’s work as their own original creation without attribution where required.
Request or use designs that promote illegal, unethical, or discriminatory practices.
15.1 Completion Timeline
Estimated project timelines will be provided at the start of the project. While Desverto aims to meet deadlines, unforeseen delays due to incomplete client feedback, additional revision requests, or external factors may impact completion dates. In such cases, clients will be notified of revised timelines.
15.2 Delivery Format
Final files will be provided in industry-standard formats such as PNG, JPEG, PDF, PSD, or AI, as per the agreed project requirements. If additional file formats are needed, they may be provided upon request and may incur additional charges.
15.3 File Storage
Desverto stores completed project files for six (6) months after delivery. After this period, the client is responsible for maintaining their own backups. If retrieval of archived files is requested after six months, a retrieval fee may apply.
16.1 Termination by Client
Clients may request project termination in writing. If termination occurs before work has commenced, a full refund will be issued. If work has begun, a prorated refund may be offered based on work completed. No refunds will be issued after final files have been delivered.
16.2 Termination by Desverto
Desverto reserves the right to terminate services under the following conditions:
Non-payment or repeated late payments by the client.
Breach of any terms outlined in this agreement.
Client engages in unethical, fraudulent, or illegal activities.
Repeated failure to provide required information or feedback within reasonable timelines.
Any conduct that makes it impractical for Desverto to continue providing services in a professional manner.
Upon termination, all work-in-progress may be withheld, and access to services may be revoked. Clients may request a report detailing completed work up to the termination date.
To the fullest extent permitted by law, Desverto shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the use of our services. Liability shall, in any case, be limited to the amount paid by the client for the specific project in question.
18. Disclaimer of Warranties
All services and deliverables are provided “as is” without any warranties of merchantability or fitness for a particular purpose. While we ensure compliance with Amazon’s guidelines, we do not guarantee Amazon’s approval of designs. Clients are responsible for reviewing and confirming that all deliverables meet their intended use.
Desverto does not warrant that the services will be uninterrupted, error-free, or completely secure. While we take every reasonable step to ensure accuracy, security, and quality, we do not guarantee that our work will be free from typographical errors, inaccuracies, or omissions. Any reliance on the content or services provided by Desverto is at the client’s own risk.
Additionally, Desverto is not responsible for changes made by Amazon or third-party platforms that may affect the usability or compliance of our designs. Clients acknowledge that Amazon’s policies may change without prior notice, and Desverto is not liable for any resulting modifications required after the final design approval.
19.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
19.2 Dispute Resolution
In the event of a dispute, both parties agree to resolve matters through good-faith negotiations. If a resolution cannot be reached, disputes shall be submitted to binding arbitration in Austin, Texas. Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA). Each party shall bear its own legal fees and costs associated with arbitration unless otherwise determined by the arbitrator.
If arbitration is not possible, both parties agree that disputes shall be resolved exclusively in the state or federal courts located in Austin, Texas, and both parties consent to the jurisdiction of such courts.
Desverto shall not be liable for any failure or delay in performance due to circumstances beyond our control, including but not limited to natural disasters, pandemics, labor strikes, government restrictions, cyberattacks, technical failures, supply chain disruptions, or acts of war.
If an event of force majeure occurs, Desverto will promptly notify clients of any expected delays and work in good faith to resume services as soon as possible. Clients acknowledge that force majeure events may result in extended delivery timelines or temporary service suspensions without liability to either party.
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the remainder of the agreement and shall not affect the validity and enforceability of the remaining provisions.
If a court determines that any provision of these Terms and Conditions is excessively broad or restrictive, that provision shall be modified only to the extent necessary to make it enforceable while preserving its original intent.
Clients may not assign or transfer their rights under this agreement to any third party without the prior written consent of Desverto. Any unauthorized transfer shall be deemed void. Desverto may assign its rights and obligations under these Terms to an affiliate or successor entity in connection with a merger, acquisition, or sale of assets without prior notice to clients.
These Terms and Conditions, along with any associated project agreements, invoices, and policies referenced herein, constitute the entire agreement between Desverto and the client concerning the use of our services. They supersede all prior agreements, communications, and understandings, whether written or oral.
Any modifications to this agreement must be made in writing and signed by both parties. No waiver of any term or provision shall be deemed a further or continuing waiver of such term or provision or any other term.
Desverto reserves the right to modify these Terms at any time. Updated Terms will be posted on our website with a revised “Last Updated” date. Clients are responsible for reviewing the latest version of these Terms.
If material changes are made, Desverto may notify active clients via email or other direct communication methods. Continued use of our services after any changes constitutes acceptance of the revised Terms. If a client disagrees with any modifications, their sole remedy is to discontinue use of our services.
For any questions, concerns, or requests regarding these Terms and Conditions, please contact us:
Desverto LLC
Address: 5900 Balcones Drive STE 100, Austin, TX 78731
Email: legal@desverto.com
Phone: +1 (646) 408-6156
Website: www.desverto.com
By using our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
Last Updated: March 16, 2025
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