Terms of Service

1. Acceptance of Terms

These Terms of Service (the “Terms”) are an agreement between you and Bold Capital, LLC, doing business as Saqen (“Saqen,” “we,” “us,” or “our”). They govern your access to and use of saqen.com and Saqen’s Marketplace, Studios, Concept Sprint, brand-development, growth, and related services (collectively, the “Services”).

By accessing or using the Services, submitting information, making a payment, or agreeing to a transaction through the Services, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, do not use the Services.

If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use or purchase the Services. You may not use the Services if doing so would violate applicable law.

3. Description of Services

Saqen provides services that may include ready-to-own ecommerce brand foundations, custom brand strategy and development, Concept Sprints, storefront development, launch preparation, post-launch growth support, and related consulting or implementation.

The availability, scope, timing, pricing, and structure of the Services may change. No website description creates an obligation to provide a specific deliverable unless that deliverable is included in an applicable signed agreement.

4. Transaction-Specific Agreements

Certain purchases, services, brand builds, Concept Sprints, financing or payment arrangements, profit-sharing arrangements, subscriptions, or other transactions may require a separate written agreement, order form, proposal, listing agreement, or statement of work between you and Saqen.

The terms of each transaction will be governed by the applicable signed agreement. If there is any conflict or inconsistency between these Terms and a separately signed agreement, the signed agreement will control solely with respect to that transaction.

Website pages, presentations, proposals, projections, listings, and marketing materials are provided for general informational purposes unless expressly incorporated into a signed agreement.

5. Concept Sprint Deposit

A refundable deposit may be required to begin a Concept Sprint. The deposit is paid directly to Saqen and is not held in escrow.

Unless otherwise stated in the applicable signed agreement, the deposit remains refundable during the Concept Sprint and before you authorize Saqen to begin a full brand build (the “Build”). If you decide not to proceed with the Build, you may request a refund before providing Build authorization.

If you elect to proceed, the deposit will be credited toward the amount due under the applicable Build agreement. Once you sign the Build agreement or otherwise provide written authorization for Saqen to begin the Build, the deposit becomes nonrefundable. If you later pause, cancel, or choose not to complete the Build, the deposit will not be returned.

The applicable signed agreement will govern the deposit amount, Concept Sprint scope, refund procedure, decision period, Build authorization, and payment terms.

6. Marketplace and Brand Purchases

Brands offered through the Marketplace are brand foundations and may include identity assets, product concepts or systems, storefronts, content, and related materials. Unless expressly stated in a signed agreement, they are not operated businesses and are not sold with guaranteed revenue, customers, profitability, approval, or future performance.

Any financial information, margins, forecasts, revenue scenarios, conversion assumptions, or projections are estimates based on assumptions available at the time. Actual results may differ materially and depend on factors outside Saqen’s control, including pricing, advertising costs, creator participation, audience response, supplier performance, product availability, platform policies, and business execution.

7. Customer Responsibilities

You agree to provide accurate information, timely decisions, consolidated feedback, required approvals, content, account access, and other materials reasonably needed for Saqen to perform the Services. Delays caused by you, your representatives, or third parties may extend timelines and may result in additional fees if provided in the applicable agreement.

You are responsible for reviewing and approving names, claims, designs, products, pricing, content, and deliverables before publication, production, or launch. You are also responsible for operating the business following handoff and for obtaining any professional legal, tax, accounting, regulatory, insurance, or financial advice you require.

8. Customer Content and Permissions

You retain ownership of materials you provide to Saqen, including your name, image, likeness, trademarks, photographs, videos, copy, and other content (“Customer Content”). You grant Saqen a nonexclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute Customer Content as reasonably necessary to provide the Services.

You represent that you own or have obtained all rights and permissions necessary for Saqen to use the Customer Content. You may not provide content that infringes another party’s rights, violates applicable law, or is misleading or unlawful.

9. Intellectual Property

Saqen retains ownership of its pre-existing and independently developed tools, frameworks, processes, templates, systems, methods, know-how, software, and other materials (“Saqen Materials”). No ownership of Saqen Materials transfers unless expressly stated in a signed agreement.

Ownership of custom deliverables, brand assets, names, logos, designs, storefronts, concepts, and other work product will be governed by the applicable signed agreement. Unless that agreement states otherwise, ownership of transferable final deliverables does not pass until all applicable amounts have been paid in full.

Third-party materials—including software, applications, themes, fonts, stock assets, supplier materials, and platform components—remain subject to their owners’ licenses and do not become your exclusive property.

Unused, rejected, preliminary, or alternative concepts remain Saqen’s property unless a signed agreement expressly provides otherwise.

Unless prohibited by a signed agreement, Saqen may identify you as a customer and display nonconfidential completed work in its portfolio, case studies, pitches, social media, and marketing materials.

10. Payments, Fees, and Taxes

You agree to pay all fees according to the applicable checkout page, proposal, invoice, or signed agreement. Except for a refundable Concept Sprint deposit during its stated refund period or as otherwise required by law or provided in a signed agreement, payments are nonrefundable once the applicable work has begun or the relevant service period has started.

Late or failed payments may result in paused work, delayed delivery, suspension of access, withholding of deliverables or intellectual-property transfer, and collection activity. You remain responsible for authorized charges and may not use a chargeback to avoid contractual payment obligations or dispute-resolution procedures.

You are responsible for applicable taxes, duties, platform charges, processing fees, and third-party costs unless the applicable agreement states otherwise.

11. Recurring Services

If you purchase a recurring service, the billing frequency, minimum term, renewal structure, included services, and cancellation requirements will be disclosed before purchase or stated in the signed agreement.

By authorizing recurring billing, you authorize Saqen or its payment processor to charge the applicable payment method at the stated intervals until the service is cancelled or ends. Cancellation stops future renewal charges but does not refund amounts already earned, accrued, or charged, except where required by law or stated in the applicable agreement.

12. Third-Party Services and Suppliers

The Services may use or connect with third parties such as Shopify, Stripe, Affirm, Cal.com, manufacturers, suppliers, fulfillment providers, software platforms, marketplaces, and advertising networks. These parties are independent from Saqen, and their products and services are governed by their own terms and policies.

Saqen does not control and is not responsible for third-party outages, decisions, pricing, approvals, policies, product availability, formula or packaging changes, manufacturing, shipping, fulfillment, payment holds, account suspensions, or discontinued services.

References to third-party registrations, certifications, facilities, or compliance statuses do not mean that Saqen guarantees or independently certifies a product or that a government agency has approved the product.

13. Compliance and Product Claims

You are responsible for ensuring that the business, products, advertising, endorsements, disclosures, labels, claims, and operations comply with applicable laws, regulations, and platform policies following approval and handoff. Saqen does not provide legal, medical, tax, accounting, investment, or regulatory advice.

You may not direct Saqen to publish unlawful, deceptive, unsupported, or infringing claims or content. Saqen may refuse, pause, or remove work that it reasonably believes creates legal, regulatory, platform, or reputational risk.

14. No Guarantee of Results

Saqen does not guarantee revenue, profitability, sales, audience response, financing approval, supplier approval, platform approval, trademark registration, product availability, launch timing, or any other business outcome.

Examples, case studies, forecasts, projected margins, market observations, and revenue scenarios are illustrative and are not promises of future performance. Business results depend on numerous factors outside Saqen’s control.

15. Acceptable Use

You may not misuse the Services; interfere with their operation or security; attempt unauthorized access; scrape or copy protected portions of the Services; misrepresent your identity or affiliation; transmit malicious code; use the Services for unlawful, fraudulent, deceptive, or infringing activity; or reproduce, resell, or commercially exploit Saqen Materials without permission.

16. Confidentiality

Each party may receive nonpublic business, financial, technical, creative, or strategic information from the other. Each party agrees to use such information only for the applicable business relationship and to protect it using reasonable care. This obligation does not apply to information that is publicly available through no breach, already lawfully known, independently developed, lawfully received from another source, or required to be disclosed by law.

17. Suspension and Termination

Saqen may suspend or terminate access to the Services if you materially breach these Terms or an applicable agreement, fail to pay amounts due, misuse the Services, create legal or security risk, or engage in abusive, fraudulent, or unlawful conduct.

Termination does not eliminate payment obligations or rights that arose before termination. Provisions concerning payment, ownership, confidentiality, disclaimers, indemnification, limitations of liability, and dispute resolution survive termination.

18. Disclaimer of Warranties

To the fullest extent permitted by law, the Services are provided “as is” and “as available.” Saqen disclaims all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, and uninterrupted availability.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

19. Limitation of Liability

To the fullest extent permitted by law, Saqen and its owners, affiliates, officers, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, revenue, data, goodwill, or business opportunities; or damages arising from third-party services, suppliers, platforms, products, or decisions.

Except for liability that cannot legally be limited, Saqen’s total aggregate liability arising from the Services or these Terms will not exceed the amount you paid directly to Saqen for the specific Service giving rise to the claim during the twelve months preceding the event giving rise to liability.

20. Indemnification

You agree to defend, indemnify, and hold harmless Saqen and its owners, affiliates, officers, employees, contractors, and agents from third-party claims, losses, liabilities, damages, judgments, costs, and reasonable legal fees arising from your Customer Content; your products, claims, operations, or conduct; your breach of these Terms or an applicable agreement; your violation of law; or your infringement of another party’s rights.

21. Governing Law and Disputes

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles. Unless an applicable signed agreement provides otherwise, the state and federal courts located in Franklin County, Ohio will have exclusive jurisdiction over disputes arising from these Terms or the Services, and each party consents to that jurisdiction and venue.

Before filing a legal action, each party agrees to provide written notice describing the dispute and to make a good-faith effort to resolve it informally for at least thirty days, except when immediate injunctive relief is reasonably necessary.

22. Electronic Communications and Signatures

You consent to receive agreements, notices, invoices, disclosures, and other communications electronically. Electronic acceptance, typed signatures, checkbox acknowledgements, and electronic signatures may be treated as originals to the extent permitted by law.

23. Changes to These Terms

We may update these Terms periodically. Updated Terms will be posted with a revised “Last updated” date. Changes apply prospectively when posted unless a different effective date is stated. Material changes will not retroactively alter a signed transaction agreement.

24. General Provisions

Neither party is responsible for delay caused by circumstances beyond its reasonable control. You may not assign your rights or obligations without Saqen’s written consent. Saqen may assign these Terms in connection with a reorganization, merger, sale, or transfer of its business or assets.

If any provision is held unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. Headings are for convenience only.

These Terms, together with the Privacy Policy and any applicable signed agreement, constitute the entire agreement concerning their subject matter and replace prior discussions or communications relating to that subject matter.

25. Contact

Questions or legal notices concerning these Terms may be sent to:

Bold Capital, LLC d/b/a Saqen
Email: hey@saqen.com