Terms & Conditions

Terms and Conditions

1. Agreement Formation and Acceptance
By submitting a request for digital assets, you agree to enter into a binding contract with Momokio, a brand owned by Norrhavet Group (Org.nr: 559258-3792). Our registered office is located at Bangatan 5A, 72228 Västerås, Sweden. Your order will be confirmed via email to the address provided. This confirmation constitutes acceptance of your order and the commencement of our contractual obligations.

2. Services Provided
Momokio provides custom digital assets including hand-drawn illustrations, AI-generated images, and animations. The scope of work, deliverables, and timelines will be agreed upon prior to the commencement of the project.

3. Pricing and Payment

All prices are quoted in EUR (Euros) and are subject to VAT where applicable. Payment terms are as follows:

• A non-refundable deposit of 50% of the total project cost is required upon order confirmation.
• New customers might need to pay the full project cost upfront upon order confirmation, as specified in the quote.
• The remaining balance is due upon completion and prior to the delivery of the final digital assets.
• Payment terms for invoices are 10 days from the invoice date. Payments can be made via credit card through Stripe, bank transfer, or invoice. Payment instructions will be provided in the invoice.Payments can be made via credit card via Stripe, bank transfer or Invoice. Payment instructions will be provided in the invoice.

4. Ownership and Intellectual Property Rights
Upon receipt of full payment, all ownership and intellectual property rights to the delivered digital assets, including those created using AI, are transferred to the client. Momokio retains the right to use the created assets for portfolio and promotional purposes unless otherwise agreed in writing. Additionally, Momokio may use the client’s logo and brand for portfolio and promotional purposes unless otherwise agreed in writing.

5. Revisions and Approvals
The project includes two (2) revisions at no additional cost. Any additional revisions requested by the client will be handled as a new project with a new fixed price. In some cases, we can offer a billed hourly rate specified in addition to the initial quote. The client must provide clear and concise feedback for each revision. Momokio may pause a project if client feedback is unclear. In such cases, we will consult with the client to clarify the project’s needs and expectations. If the client cannot provide a clear brief even after consultation, Momokio may cancel the project. Read more about cancellation and refund below (nr 7).

6. Delivery and Timelines
The delivery timeline will be specified in the project agreement. Momokio is not responsible for delays caused by the client’s failure to provide necessary information or approvals in a timely manner.

7. Cancellation and Refund Policy
Cancellations must be made in writing to [email protected], or directly to the client email if it is Momokio that cancels the project. If the project is cancelled by the client or Momokio after work has commenced, the initial deposit is non-refundable. Any additional work completed beyond the deposit will be billed at the hourly rate specified in the quote.

8. Limitation of Liability

Momokio’s liability under or in connection with this agreement shall be limited to the amount paid by the client for the services. This limitation applies to all claims, including but not limited to, breach of contract, negligence, and other torts.

8.1 Exclusion of Indirect Damages Momokio shall not be liable for any indirect, incidental, or consequential damages arising out of or related to the use of the digital assets. This includes, but is not limited to, loss of revenue, loss of profits, loss of business opportunity, or any other financial loss.

8.2 Data Protection and Privacy Compliance Momokio adheres to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) to ensure the protection of personal data. We implement appropriate technical and organizational measures to secure personal data against unauthorized access, alteration, disclosure, or destruction.

8.3 Indemnification The client agrees to indemnify and hold Momokio harmless from any claims, damages, or losses arising from the client’s use of the digital assets. This includes any third-party claims of intellectual property infringement or violations of data protection laws.

8.4 Responsibility for Trademark Infringement and Rights to Materials Momokio shall not be liable for any claims or legal actions arising from the client’s use of the digital assets that may infringe on third-party trademarks. The client is solely responsible for ensuring that all materials provided to Momokio for the creation of digital assets, including briefs and reference materials, do not infringe on any third-party rights. The client warrants that they have all necessary rights and permissions to use such materials. Momokio shall not be held responsible for any infringement of third-party rights resulting from the use of materials provided by the client.

9. Data Protection and Privacy
Momokio complies with GDPR and other relevant data protection laws. Personal data collected from clients will be processed in accordance with our Privacy Policy.

9.1 Data Collection We collect personal data including, but not limited to, names, email addresses, phone numbers, payment information, and other details necessary to process orders, provide customer support, and improve our services.

9.2 Legal Basis for Processing We process personal data based on the following legal grounds:
Consent: Customers provide consent by agreeing to these terms and our privacy policy when placing an order or contacting us.
Contractual Necessity: Processing personal data is necessary to fulfill our contractual obligations to provide the requested services.
Legitimate Interests: We may process personal data for legitimate business interests, such as improving our services, provided that these interests are not overridden by the individual’s rights and freedoms.

9.3 Data Usage Personal data collected is used for the following purposes:

• To process and fulfill orders.
• To communicate with customers regarding their orders and our services.
• To provide customer support and respond to inquiries.
• To improve our services and website functionality.
• To comply with legal obligations and prevent fraud.

9.4 Data Sharing Personal data may be shared with third parties under the following circumstances:
Service Providers: We share data with third-party service providers who assist in the delivery of our services, such as payment processors and IT service providers. These providers are contractually obligated to protect your data and only process it on our behalf.
Legal Requirements: We may disclose personal data if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).
Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, personal data may be transferred to the acquiring entity.

9.5 Data Security We implement appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction. These measures include:
Encryption: We use encryption to protect sensitive data during transmission.
Access Controls: We restrict access to personal data to employees, contractors, and service providers who need to know that information to process it for us and who are subject to strict contractual confidentiality obligations.
Regular Audits: We conduct regular audits of our data processing activities and security measures.

9.6 Data Retention We retain personal data for as long as necessary to fulfill the purposes for which it was collected, including to comply with legal, accounting, or reporting requirements. When personal data is no longer needed, we securely delete or anonymize it.

9.7 Rights of Data Subjects Individuals have the following rights regarding their personal data:

Under GDPR (General Data Protection Regulation):

• Right to Access: The right to request access to the personal data we hold about them.
• Right to Rectification: The right to request correction of any inaccurate or incomplete data.
• Right to Erasure (Right to be Forgotten): The right to request deletion of their personal data under certain circumstances.
• Right to Restrict Processing: The right to request restriction of processing their personal data under certain conditions.
• Right to Data Portability: The right to receive a copy of their personal data in a structured, commonly used, and machine-readable format.
• Right to Object: The right to object to the processing of their personal data under certain conditions.
• Right to Withdraw Consent: The right to withdraw consent at any time where we rely on consent to process personal data.

Under CCPA (California Consumer Privacy Act):

• Right to Know: The right to request disclosure of the personal data we collect, use, disclose, and sell.
• Right to Delete: The right to request deletion of personal data collected from them, subject to certain exceptions.
• Right to Opt-Out: The right to opt-out of the sale of their personal data. Momokio does not sell personal data.
• Right to Non-Discrimination: The right not to receive discriminatory treatment for exercising their privacy rights under CCPA.

9.8 Exercising Your Rights To exercise any of the above rights, please contact our Management at [email protected]. We may request specific information to verify your identity and ensure your right to access your data or exercise any of your other rights. We will respond to all legitimate requests within one month.

9.9 International Data Transfers If personal data is transferred outside the European Economic Area (EEA), we ensure that appropriate safeguards are in place to protect the data in accordance with applicable data protection laws. This includes using standard contractual clauses approved by the European Commission or ensuring that the recipient country has adequate data protection laws.

9.10 Children’s Privacy Our services are not directed at children under the age of 16, and we do not knowingly collect personal data from children. If we become aware that we have inadvertently collected personal data from a child under the age of 16, we will delete such data from our records.

9.11 Updates to Our Privacy Policy We may update our Privacy Policy from time to time in response to changing legal, technical, or business developments. We will notify customers of any significant changes by posting the new Privacy Policy on our website and indicating the date of the latest revision.

10. Use of Cookies
Our website uses cookies to enhance user experience and analyze website traffic. By using our website, you consent to the use of cookies in accordance with our Cookie Policy.

11. Governing Law and Dispute Resolution
These terms and conditions are governed by the laws of Sweden. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Sweden.

12. Contact Information
For any questions or concerns regarding these terms, please contact us at:
Email: [email protected]
Address: Norrhavet Group AB c/o Momokio, Bangatan 5A, 722 28 Västerås, Sweden