Terms of Service

Last Updated: May 24th, 2026

My Commitment to a Clear Agreement

Hello! I'm Matthew Clark, doing business as VividPhase. As a solo entrepreneur, I value the trust you place in me and my work. I believe a clear and fair agreement is the foundation of a great working relationship. These Terms are here to outline the rules and expectations for using my website and services, so we both know where we stand.

The Official Stuff

For the purposes of this legal document, Matthew Clark doing business as VividPhase (“I,” “me,” or “my”) is the entity entering into this agreement with you. These Terms of Service ("Terms") govern your access to and use of my website, content, and any services provided. 

1. Acceptance of These Terms

These Terms constitute a binding agreement. You indicate your acceptance of these Terms by taking any of the following actions:

  • Accessing or using my website

  • Requesting services from me through any channel

  • Providing project files to me

  • Submitting payment for an invoice

If you do not agree to these Terms, you may not use my website or my services. Please review these Terms carefully.

2. Client Obligations

You shall work with me in good faith to arrive at the optimal product and equitable outcome for both parties for the services requested.  

3. My Obligations

I shall establish an agreed upon estimated timeframe for the requested deliverables and will communicate that expected date via appropriate platform method to you.  I will have already communicated the expected outcomes/deliverables for the requested service, allowing you to accept this agreement at the time of review.  I shall work with you in good faith to arrive at the optimal product and equitable outcome for both parties for the services provided.

4. Third-Party Platforms

I may offer services through third-party freelance platforms (e.g., Fiverr, Upwork,etc..). In such cases, you are also bound by that platform's terms of service. If a conflict arises between the platform's terms and these Terms, the platform's terms shall govern the aspects of payment and platform-specific communication, while these Terms shall govern the specifics of my service deliverables and intellectual property rights as described herein.

5. Service Scope

The scope of service work to be provided by me will have been provided to you before this agreement via email, or website, or invoice, or other medium.  Acceptance of these Terms by you, indicates that you are aware of the scope of the service work in full, and confirms such details have been provided.

6. Ownership/Copyright

You retain ownership of all files you provided in the shared working folder at all times.  As long as services have been paid in full, then you also retain ownership of agreed service deliverables. I have been hired to provide a service to contribute to and enhance your original works to help prepare them for release, and you retain ownership of the noted works and files.  I do not perform any authentication or validation of song copyright validity, nor evaluation of the copyrightable use of Artificial Intelligence which may be contained within the content you provided, and therefore hold no liability from possibly infringing or non-copyrightable content.

7. Archival

I am unable to provide long term archival services, and serviced content may become inaccessible 30 days after service deliverables are provided.  You are responsible for appropriate backup and archival of provided files and service deliverables for your own future retrieval. 

8. Force Majeure and Limitation of Liability

I shall not be liable for any failure or delay in the performance of my obligations under this Agreement due to circumstances beyond my reasonable control, including but not limited to acts of God, natural disasters, acts of war, terrorism, pandemics, governmental regulations or orders, strikes, labor disputes, power outages, or other unforeseeable events (each a “Force Majeure Event”).  Pursuant to the aforementioned Obligations and as a Work For Hire Agreement, the maximum damages I will provide you if services cannot be satisfactorily rendered, would be a full refund of the agreed upon service price (if any was paid).  All deliverables I send are subject to your final approval, and therefore your ultimate legal liability.

9. Governing Law

This Agreement, and any dispute arising from it, shall be governed by and construed in accordance with the laws of the State of Oregon, USA, without regard to its conflict of law provisions.

10. Changes to These Terms

I reserve the right to modify these Terms at any time. The latest version will always be posted on this page with the revised "Last Updated" date. Your continued use of my services after any changes constitutes your acceptance of the new Terms.

11. Contact Me

If you have questions about these Terms of Service, please contact me:

Matthew Clark (VividPhase)

Email: admin@vividphase.com

Location: Portland, Oregon, USA