Terms of Service — JinYer Balance

Welcome to JinYer Balance. These Terms of Service ("Terms") govern your use of our website and creative services. By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Services Overview

JinYer Balance provides creative services including:

Branding and brand identity design
Website design and development
Video production and editing
Music production and audio services
Creative strategy and consultation
Digital marketing and content production

Specific services, deliverables, timelines, and pricing will be outlined in individual project agreements or proposals.

2. Project Agreements

Before beginning any project, we will provide:

Scope of Work: Detailed description of deliverables and services
Timeline: Project milestones and estimated completion dates
Pricing: Total project cost, payment schedule, and accepted payment methods
Terms: Project-specific terms and conditions

Work will not commence until both parties have agreed to and signed the project agreement.

3. Payment Terms

3.1 Fees and Deposits

A non-refundable deposit (typically 50% of project cost) is required before work begins
Final payment is due upon project completion or as specified in the project agreement
Retainer-based projects require advance payment as specified in the agreement

3.2 Late Payments

Invoices are due within 30 days of issue unless otherwise specified
Late payments may incur a fee of 1.5% per month (18% annual rate)
We reserve the right to suspend or terminate services for accounts with outstanding overdue balances

3.3 Additional Work

Work beyond the agreed scope will be billed separately at our standard hourly rates or as mutually agreed upon in writing prior to commencement.

4. Intellectual Property Rights

4.1 Client-Provided Materials

You represent and warrant that you hold all necessary rights, permissions, and licenses for any materials you provide to us, including:

Copyrighted content, images, and videos
Trademarks, logos, and brand assets
Music, audio files, and voice recordings
Third-party intellectual property

You agree to indemnify and hold JinYer Balance harmless from any claims arising from unauthorized use of materials you provide.

4.2 Work Product Ownership

Upon Full Payment: You will receive ownership of final deliverables as specified in the project agreement
Before Full Payment: All work product, including drafts, concepts, and files, remains the exclusive property of JinYer Balance
License Grant: Upon receipt of full payment, JinYer Balance grants you a non-exclusive, perpetual, worldwide license to use the final deliverables for their intended purpose

4.3 Our Retained Rights

JinYer Balance retains the right to:

Display completed work in our portfolio and marketing materials
Use work as case studies (with prior client consent)
Retain ownership of source files, proprietary templates, and internal processes
Reuse general design concepts, techniques, and methodologies not unique to your project

5. Revisions and Approvals

Each project includes a specified number of revision rounds (typically 2–3) as outlined in the project agreement
Additional revisions beyond the agreed scope will be billed separately at our standard hourly rate
Client approval is required at key milestones before work may proceed to the next phase
Revisions requested after final approval constitute new work and may incur additional fees
Clients have 7 business days to provide feedback on submitted deliverables unless otherwise specified

6. Project Timelines

Timelines provided are estimates and may vary based on project complexity and client responsiveness
Delays caused by late client feedback, missing approvals, or failure to provide required materials will extend project timelines accordingly — without penalty to JinYer Balance
JinYer Balance is not liable for delays caused by circumstances beyond our reasonable control (see Section 22: Force Majeure)
Rush projects may incur an additional fee, typically a 25–50% surcharge, agreed upon in writing prior to commencement

7. Client Responsibilities

Clients agree to:

Provide timely feedback, approvals, and all required materials as requested
Designate a single primary point of contact for all project communications
Ensure all materials provided are legally cleared for the intended use
Make payments according to the agreed schedule
Provide accurate, complete, and truthful project information

8. Cancellation and Refunds

8.1 Client-Initiated Cancellation

Deposits are non-refundable once work has commenced
If you cancel mid-project, you will be invoiced for all work completed up to the date of cancellation, at a prorated portion of the project fee or our standard hourly rate, whichever is greater
All work product remains the property of JinYer Balance until full payment for completed work has been received

8.2 JinYer Balance's Right to Terminate

We reserve the right to terminate a project engagement if:

Payment is not received as agreed and remains overdue beyond 15 days
Client fails to provide necessary feedback, approvals, or materials within an agreed timeframe
Client requests work that falls outside our ethical guidelines or that may expose either party to legal liability
The working relationship becomes untenable due to conduct incompatible with a professional engagement

9. Confidentiality

Both parties agree to:

Keep confidential business information private and reasonably secure
Not disclose proprietary or sensitive information to third parties without written consent
Use confidential information solely for the purposes of the project
Return or destroy confidential materials upon request, project completion, or termination of the engagement

This obligation survives the termination of any project agreement and these Terms.

10. Warranties and Disclaimers

10.1 JinYer Balance Warranties

We warrant that:

Services will be performed with reasonable professional skill and care
Original creative work will not knowingly infringe on third-party intellectual property rights
Final deliverables will substantially conform to the specifications approved in writing by the client

10.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED ABOVE, JINYER BALANCE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
GUARANTEES OF SPECIFIC BUSINESS RESULTS, REVENUE, OR OUTCOMES FROM DELIVERABLES
UNINTERRUPTED, ERROR-FREE, OR TIMELY DELIVERY OF ALL SERVICES
SPECIFIC PERFORMANCE METRICS, TRAFFIC, CONVERSIONS, OR RETURN ON INVESTMENT

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

JinYer Balance's total aggregate liability for any claim arising under or related to these Terms or any project agreement shall not exceed the total amount paid by you for the specific project giving rise to such claim
We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages of any kind
We are not liable for lost profits, lost revenue, lost data, or lost business opportunities arising from the use or inability to use our deliverables
This limitation applies regardless of the legal theory asserted, including contract, tort, negligence, strict liability, or otherwise

12. Indemnification

You agree to indemnify, defend, and hold harmless JinYer Balance, its owners, employees, contractors, and agents from and against any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

Your breach of these Terms or any project agreement
Your use of materials that infringe upon or misappropriate third-party intellectual property rights
Your misuse, modification, or redistribution of final deliverables beyond the scope of the license granted
Any false, misleading, or inaccurate information you provide in connection with the services

13. Website Use

When accessing or using jinyerbalance.com, you agree to:

Not use the website for any unlawful purpose or in violation of any applicable regulations
Not attempt to gain unauthorized access to any portion of our systems, servers, or databases
Not transmit viruses, malware, or any harmful or disruptive code
Not scrape, harvest, copy, or reproduce website content without prior written permission
Respect all intellectual property rights in all content presented on this website

14. Store Purchases & Merchandise

14.1 Print-on-Demand Products

Physical merchandise sold through the JinYer Balance store (apparel, accessories) is produced and fulfilled on demand by Printful, a third-party print-on-demand provider. By placing an order you agree to Printful's production and shipping terms.

14.2 No Returns on Custom-Printed Items

Because all apparel and merchandise items are custom-printed to order, we do not accept returns or exchanges unless the item arrives damaged, defective, or materially different from what was ordered. In those cases, please contact us within 14 days of delivery with photos of the issue and we will arrange a replacement or refund.

14.3 Processing & Shipping Times

Orders typically take 3–7 business days to produce and an additional 3–7 business days to ship within the United States. International orders may take longer. Shipping timelines are estimates and may vary; JinYer Balance is not liable for carrier delays beyond our control.

14.4 Digital Products

Digital downloads (templates, guides, and other digital files) are non-refundable once downloaded or delivered. Licenses for digital products are personal and non-transferable unless explicitly stated otherwise at the point of purchase.

14.5 Music Purchases

Music sold through this site or linked to streaming/purchase platforms (Apple Music, etc.) is subject to the licensing terms of those platforms. Purchasing a song or album grants you a personal, non-commercial listening license only. It does not grant synchronization, broadcast, public performance, or redistribution rights.

15. Music & Recording Rights

All original music released under the CandelaInk label — including but not limited to compositions, sound recordings, lyrics, album artwork, and associated branding — is the exclusive intellectual property of JinYer Balance and its respective artists.

Composition Copyright: All melodies, harmonies, and lyrics are protected under U.S. and international copyright law. Reproduction or derivative works require written permission.
Sound Recording Copyright: The master recordings are owned exclusively by JinYer Balance / CandelaInk. You may not sample, loop, or repurpose audio without a written sync or master-use license.
Sync Licensing: If you wish to use CandelaInk music in a video, film, advertisement, or other production, contact us at [email protected] to request a sync license.
Public Performance: Public performance rights are administered through applicable PROs. Commercial venues must hold appropriate ASCAP, BMI, or SESAC licenses where required.
No Unauthorized Use: Uploading, redistributing, or using CandelaInk recordings without authorization constitutes copyright infringement and may result in DMCA takedown and legal action.

16. Brand Design Copyright

All original designs, graphics, logos, and visual identities associated with JinYer Balance's internal brand labels are protected intellectual property:

JinYer Balance — all primary brand assets, the JYB wordmark, logo, and visual system.
Venezuela Libre / MaDURRO & MasBURRO — original apparel designs, slogans, and graphic artwork are © JinYer Balance. Political commentary expressed through these designs is protected speech, and the underlying artwork is fully copyrighted.

Purchasing merchandise grants you a license to wear and display the item for personal, non-commercial use only. It does not grant you rights to reproduce, sell, or commercially exploit the underlying artwork or brand marks.

Any unauthorized reproduction of these designs — including counterfeit merchandise, unauthorized prints, or digital reproduction — constitutes copyright and/or trademark infringement.

17. Third-Party Services

We may incorporate third-party services — including hosting platforms, stock media libraries, plugins, and software — in the course of delivering our work. You acknowledge that:

Third-party services are subject to their own separate terms and conditions
JinYer Balance is not responsible for failures, changes, or discontinuation of third-party services
Certain third-party services may require separate licenses, accounts, or subscriptions paid directly by the client
Your use of final deliverables may be subject to applicable third-party terms

18. Dispute Resolution

18.1 Good-Faith Negotiation

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or any project agreement, both parties agree to first attempt resolution through good-faith negotiation for a period of no less than 30 days before initiating formal proceedings.

18.2 Mediation

If good-faith negotiation fails to resolve the dispute, both parties agree to submit the matter to non-binding mediation with a mutually agreed-upon mediator before pursuing litigation or arbitration.

18.3 Governing Law

These Terms and any project agreements are governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to its conflict of law provisions.

18.4 Venue

Any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the state or federal courts located in Franklin County, Ohio. Both parties consent to personal jurisdiction and venue in such courts.

19. Changes to Terms

JinYer Balance reserves the right to modify these Terms at any time. Changes become effective immediately upon posting to our website. Your continued use of our website or services following the posting of changes constitutes your acceptance of the revised Terms. Project agreements executed prior to any change will remain governed by the Terms in effect at the time of signing, unless both parties agree otherwise in writing.

20. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will continue in full force and effect.

21. Entire Agreement

These Terms of Service, together with any executed project-specific agreements or proposals, constitute the entire agreement between you and JinYer Balance with respect to the subject matter herein, and supersede all prior and contemporaneous understandings, representations, warranties, and agreements, whether oral or written.

22. Force Majeure

Neither party shall be held liable for any failure or delay in performance of obligations under these Terms where such failure or delay results from circumstances beyond that party's reasonable control, including but not limited to: natural disasters, acts of God, pandemics, acts of war or terrorism, government orders or actions, widespread power or internet outages, or labor disputes. The affected party shall notify the other party promptly and resume performance as soon as reasonably practicable.

23. Contact Information

For questions, concerns, or legal notices regarding these Terms of Service, please contact us:

JinYer Balance
Website: Contact Form

Note: These Terms are designed to be fair to both parties while protecting the integrity of our work and business. For terms specific to your project, please refer to your individual project agreement. If you have questions or concerns about these Terms before engaging our services, we encourage you to reach out — we're happy to discuss.