1.1 Acceptance of Terms

By accessing and using www.yaldidesigns.com (“Site”), you agree to be bound by these Terms & Conditions. If you do not agree, please discontinue use of the site immediately.

We may update these Terms from time to time. Continued use of the website after changes are published constitutes acceptance of the revised Terms.

1.2 Intellectual Property

All content on this website — including illustrations, artwork, surface pattern designs, characters, graphics, branding assets, photography, text, logos and other creative content — is owned by Yaldi Designs or licensed to Yaldi Designs and is protected by Australian and international copyright laws.

No artwork or content may be copied, reproduced, edited, distributed, traced, AI-trained, resold, or commercially used without prior written permission.

Permitted Use

You may:

• View website content for personal, non-commercial use.

• Share website links or credited social media posts for inspiration or reference purposes only.

You may not:

• Reproduce or commercially use any artwork or designs.

• Remove watermarks or credits.

• Use artwork for AI training, NFTs, print-on-demand resale, or derivative works.

• Claim any artwork or designs as your own.

Unauthorised use may result in legal action.

1.3 Website Use Restrictions

You agree not to:

• Use the website for unlawful purposes.

• Attempt to interfere with the functionality or security of the website.

• Upload malicious software, spam, or harmful material.

• Attempt to gain unauthorised access to the website, server, or associated systems.

1.4 Third-Party Links

This website may contain links to third-party websites or services. These links are provided for convenience only.

Yaldi Designs is not responsible for the content, privacy practices, availability, or security of third-party websites.

1.5 Disclaimer and Limitation of Liability

This website and its content are provided on an “as-is” and “as-available” basis.

While we aim to keep information accurate and up to date, Yaldi Designs makes no guarantees regarding:

• Accuracy or completeness of content

• Continuous website availability

• Error-free or virus-free operation

To the maximum extent permitted by law, Yaldi Designs is not liable for any loss, damages, or interruptions arising from use of this website.

Nothing in these Terms excludes rights provided under Australian Consumer Law.

1.6 Governing Law

These Terms are governed by the laws of Queensland, Australia.

Any disputes arising from use of this website or services will be handled within the courts of Queensland, Australia.

2.1 Information Collection

We collect personal information you provide when you:

• Submit inquiries or service requests.

• Enter into contracts with Yaldi Designs.

• Interact with the website through cookies and analytics tools.

This data may include your name, email address, phone number, and business information.

2.2 How We Use Your Data

We use your personal data to:

• Respond to inquiries and manage service requests.

• Process payments and send invoices.

• Improve the site’s functionality and personalise your experience.

• Comply with legal obligations and ensure a secure site environment.

We use MailerLite to manage our email marketing subscriber list and to send emails to our subscribers. MailerLite is a third-party provider, which may process your data using industry-standard technologies to help us monitor and improve our newsletter.

MailerLite’s privacy policy is available at https://www.mailerlite.com/legal/privacy-policy

You can unsubscribe from our newsletter by clicking on the unsubscribe link provided at the end of each newsletter at any time.

2.3 Sharing and Security

Your personal information will only be shared:

• With trusted partners (e.g., payment processors) necessary to deliver our services.

• If required by law enforcement or regulatory authorities.

While we take reasonable steps to secure your information, we cannot guarantee absolute security due to the nature of the internet.

2.4 Cookies

Our site uses cookies to improve performance and user experience. Cookies help track site usage, store preferences, and provide a more personalised experience.

• You can manage your cookie preferences through browser settings.

• Disabling cookies may affect certain features on the site.

2.5 Your Rights

You have the right to:

• Access the personal information we hold about you.

• Request corrections to inaccurate data.

• Request deletion of your personal information, subject to legal requirements.

Contact me at michelle@yaldidesigns.com for any data-related inquiries.

3.1 Services Offered

Yaldi Designs provides creative illustration and surface design services including, but not limited to:

• Custom Illustration

• Commercial Illustration

• Surface Pattern Design

• Art Licensing

• Character & Mascot Design

• Packaging & Product Artwork

• Editorial & Publishing Illustration

• Merchandise & Apparel Artwork

• Creative Collaborations & Commissioned Artwork

Illustration services may be created for commercial, editorial, publishing, retail, hospitality, product-based businesses, events, campaigns, packaging, merchandise, and licensed product applications.

Each project will be outlined within an agreed proposal, quote, invoice, contract, and/or licensing agreement.

3.2 Payment Terms

Project fees, payment schedules, licensing terms, and deliverables will be outlined within each individual proposal, quote, invoice, contract, or licensing agreement.

Unless otherwise agreed in writing:

• A non-refundable deposit may be required before work begins.

• Final artwork/files will not be delivered until final payment has been received.

• Additional revisions, scope changes, rush work, expanded licensing, or extra deliverables may incur additional fees.

Late payments may result in paused work, delayed delivery, or cancellation of the project.

3.3 Deliverables & Revisions

Project timelines, deliverables, revision rounds, and file formats will be outlined within the agreed proposal or contract.

Additional revisions or changes outside the approved scope may incur additional charges.

Final deliverables may include flattened/exported production-ready files unless editable working/source files have been specifically agreed upon.

3.4 Client Responsibilities

Clients agree to:

• Provide accurate project information, content, and feedback within agreed timelines.

• Ensure they have permission to use any materials, references, or assets supplied to Yaldi Designs.

• Review and approve artwork carefully before final production or release.

Delays in communication or approvals may impact project timelines.

3.5 Intellectual Property & Licensing

Ownership of Artwork

Unless otherwise agreed in writing, Yaldi Designs retains full copyright and intellectual property ownership of all creative work produced.

This includes, but is not limited to:

• Illustrations

• Surface pattern designs

• Character and mascot artwork

• Packaging artwork

• Sketches and drafts

• Repeat patterns

• Creative concepts

• Working/source files

• Presentation documents

• Unused concepts and development work

Copyright ownership is not transferred automatically upon payment.

Client Usage Rights

Upon full payment, clients are granted a licence to use the approved final artwork for the agreed purpose outlined within the proposal, invoice, contract, or licensing agreement.

Unless otherwise stated in writing:

• Licences are non-exclusive

• Licences are non-transferable

• Artwork may not be resold, sublicensed, modified, redistributed, or used outside the agreed scope

Additional usage, product categories, territories, print runs, merchandise use, advertising campaigns, or extended commercial usage may require an additional licensing fee.

Art Licensing

Licensed artwork remains the intellectual property of Yaldi Designs unless a full copyright buyout has been explicitly agreed in writing.

Licensing terms may vary depending on:

• Product type

• Industry/category

• Territory

• Duration

• Exclusivity

• Print quantity/distribution

• Intended commercial use

Separate licensing agreements may apply for retail, publishing, packaging, fabric, apparel, stationery, homewares, or merchandise usage.

Projects Involving Logos or Business-Specific Artwork

For projects involving logos, mascots, or business-specific artwork, clients receive rights to use the approved final artwork for agreed business and marketing purposes once final payment has been received.

Unless otherwise agreed in writing, copyright ownership of the artwork remains with Yaldi Designs.

Working & Source Files

Editable working files and source files (including Adobe Illustrator, Photoshop, Procreate, layered artwork files, or other editable production files) are not included unless specifically outlined in writing or purchased separately.

AI & Machine Learning Restrictions

Artwork, illustrations, patterns, designs, and content created by Yaldi Designs may not be used for AI training, machine learning datasets, generative AI systems, or similar technologies without explicit written consent.

This includes scraping, dataset creation, image generation training, or derivative AI-generated outputs based on Yaldi Designs artwork.

3.6 Portfolio & Promotional Use

Yaldi Designs retains the right to display completed projects for portfolio, website, social media, awards, editorial features, self-promotion, and marketing purposes unless confidentiality has been agreed in writing.

3.7 Termination & Refunds

Either party may terminate a project agreement in writing.

No refunds will be issued for work already completed or deposits already paid. Clients may be invoiced for work completed up to the termination date.

3.8 Confidentiality

Yaldi Designs respects client confidentiality. Any non-public project information will not be shared without consent unless required by law.

3.9 Limitation of Liability

Services are provided on an “as-is” basis. To the maximum extent permitted by law, Yaldi Designs is not liable for indirect, incidental, or consequential damages arising from use of the website or services.

Liability is limited to the extent permitted under Australian Consumer Law.

3.10 Governing Law & Dispute Resolution

These Terms are governed by the laws of Queensland, Australia.

Any disputes arising from services provided by Yaldi Designs will be handled within the courts of Queensland, Australia.