TERMS AND CONDITIONS

 

Last updated: October 2026

Please read these terms and conditions carefully before using Our Service or engaging Us for any services.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Agreement means these Terms and Conditions together with any proposal, statement of work, or order form signed or accepted by You and the Company.

  • Client, You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable, and/or engaging the Company for Services.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Heraldist Europe SRL, Paris 102, Cluj-Napoca, Romania.

  • Country refers to: Romania.

  • Deliverables means all brand strategy documents, visual identity assets, campaigns, videos, copy, designs, and other materials produced by the Company for the Client under an Agreement.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service means the Website and any brand consultancy, strategy, design, marketing, or creative services provided by the Company.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • The website refers to Heraldist, accessible from www.heraldist.com.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Services

The Company provides brand consultancy and marketing services, including but not limited to:

  • Brand strategy, positioning, and messaging frameworks;

  • Visual identity systems, logos, typography, and brand guidelines;

  • Marketing campaigns, content production, video, and influencer collaborations;

  • Investor and product assets such as pitch decks, landing pages, and product videos.

The specific scope, deliverables, timelines, and fees for any engagement will be set out in a separate proposal, statement of work, or order form. In the event of a conflict between these Terms and a signed proposal or statement of work, the signed proposal or statement of work shall prevail.

Fees and Payment

  • Fees. Fees are set out in the applicable proposal or statement of work. Unless stated otherwise, fees are quoted exclusive of VAT and any applicable taxes.

  • Invoicing. Invoices are due within 14 days of receipt, unless otherwise agreed in writing.

  • Late payments. The Company reserves the right to charge interest on overdue amounts at the rate permitted by applicable law and to suspend Services until outstanding amounts are settled.

  • Third-party costs. Ad spend, media budgets, influencer fees, licensing, printing, and similar third-party costs are separate from the Company's fees and are payable by the Client, unless expressly stated otherwise in the proposal.

Client Obligations

To enable the Company to deliver the Services, You agree to:

  • Provide timely access to necessary materials, assets, systems, and stakeholders;

  • Designate a single point of contact authorized to give approvals;

  • Provide feedback and approvals within the timelines agreed in the project plan;

  • Ensure that any materials You provide (including logos, copy, data, and images) do not infringe the rights of any third party.

Delays in feedback, approvals, or access may affect delivery timelines and may result in additional fees.

Revisions

Unless otherwise stated in the applicable proposal or statement of work, projects include two (2) rounds of revisions. Additional rounds, or material changes to scope, strategy, or creative direction after approval, may incur additional fees and timeline adjustments.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Deliverables. Upon full payment of all fees due under the applicable Agreement, the Company assigns to the Client ownership of the final approved Deliverables created specifically for the Client.

Company IP. The Company retains all rights, title, and interest in its methodologies, frameworks, internal tools, templates, know-how, and pre-existing materials, including any proprietary processes used in the delivery of the Services. The Client may not use, reproduce, or distribute such materials without the Company's prior written consent.

Portfolio. Unless the Client requests otherwise in writing, the Company may showcase completed work in its portfolio, on its Website, and in marketing materials.

Confidentiality

Each party agrees to keep confidential any non-public business, technical, or commercial information disclosed by the other party in connection with the Services, and to use such information only for the purposes of the Agreement. This obligation does not apply to information that is or becomes public through no fault of the receiving party, is independently developed, or is required to be disclosed by law.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Either party may terminate a services engagement with 30 days' written notice. If the Client terminates mid-project, the Client agrees to pay for all work completed up to the date of termination, plus any non-cancellable third-party commitments reasonably incurred.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

No guaranteed outcomes. While the Company applies its methodologies diligently, the Company does not guarantee specific business outcomes, including but not limited to revenue growth, funding outcomes, user acquisition metrics, virality, or rankings on third-party platforms.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: office@heraldist.com

KYC Policy for Heraldist

Version: 1.2026

1. Introduction and Purpose

Heraldist is a brand consultancy and marketing agency serving early-stage startups through to unicorns across the Valley, Europe, and beyond. We provide strategic and visual brand assets, communication playbooks, investor pitch decks, and multichannel creative campaigns .

While Heraldist is not a financial institution, we recognize that the nature of our client engagements—combined with the profile of our clients (high-growth startups, blockchain companies, and fintech unicorns)—requires a clear framework for knowing who we do business with. This policy establishes our commitment to legitimate, transparent business relationships.

Purpose: To verify the identity of our clients and their beneficial owners, assess risk, and prevent our services from being used for money laundering, terrorist financing, fraud, or other illegal activities.

Scope: This policy applies to all new and existing clients, their directors and ultimate beneficial owners, and all Heraldist team members involved in client onboarding, contract management, or billing.

2. Our Approach to KYC

Heraldist applies a risk-based approach to KYC. This means the level of verification we perform is proportionate to the risk profile of each client, considering factors such as jurisdiction, industry, ownership structure, and payment methods .

Given our client base includes blockchain and fintech companies, we pay particular attention to sectors with elevated anti-money laundering (AML) considerations while avoiding blanket de-risking of legitimate early-stage startups .

3. Client Due Diligence (CDD)

3.1 Standard CDD

Before initiating a business relationship, Heraldist collects and verifies the following information for all corporate clients:

  • Legal name and registration number

  • Business address and jurisdiction of incorporation

  • Directors and key officers

  • Ultimate Beneficial Owners (UBOs)—any natural person(s) owning or controlling 25% or more of the entity

  • Corporate registration documents or equivalent

  • Nature of the client's business and intended use of Heraldist services

3.2 Verification Methods

We verify client information through a combination of:

  • Documentary review: Certificate of incorporation, business licenses, or equivalent official documents

  • Public sources: Company registries, stock exchange listings, and regulatory filings

  • Third-party screening: Sanctions lists, PEP databases, and adverse media where appropriate

  • Direct confirmation: For directors and UBOs, government-issued ID (passport, driving license, or national ID)

3.3 Individual Clients

For engagements with individual founders or sole traders, we verify:

  • Legal name and residential address

  • Government-issued photo ID

  • Confirmation of the individual's role or relationship to the engaging entity

 

4. Enhanced Due Diligence (EDD)

Enhanced Due Diligence is applied when a client presents higher risk. Triggers for EDD include:

  • Clients established in FATF Call for Action countries or jurisdictions identified as having inadequate AML/CTF systems (FATF stands for the Financial Action Task Force. It is an international organization that sets global standards for fighting money laundering, terrorist financing, and other illegal financial activities.)

  • Complex ownership structures that obscure UBO identification

  • Politically Exposed Persons (PEPs) among directors or UBOs

  • Clients in cash-intensive industries or those proposing unusual payment arrangements

  • Adverse media or sanctions screening alerts

EDD measures may include:

  • Additional information on source of funds or source of wealth

  • Senior management approval before onboarding

  • Enhanced ongoing monitoring of the relationship

 

5. Payment Verification

Heraldist engagements range from €6,000 for single services to €60,000+ for full brand packages . For all engagements:

  • Payments must be made from an account in the client's legal name

  • Third-party payments are not accepted without prior written approval and verification

  • Cryptocurrency payments are not accepted, but in the future, if we change this face, we will verify source of funds and retain relevant blockchain transaction records

  • Suspicious payment patterns are escalated to the Policy Owner

 

6. Ongoing Monitoring

KYC is not a one-time exercise. Heraldist maintains ongoing awareness of client relationships:

  • Periodic review: Client information is reviewed annually for ongoing engagements

  • Trigger-based review: Re-verification is triggered by changes in ownership, jurisdiction, or business activity

  • Sanctions screening: We screen clients against relevant sanctions lists at onboarding and periodically thereafter

 

7. Record Keeping and Data Protection

7.1 Record Retention

KYC records—including verification documents, screening results, and correspondence—are retained securely for a minimum of five years from the end of the business relationship .

7.2 GDPR Compliance

Heraldist processes personal data in accordance with the General Data Protection Regulation (GDPR). This means:

  • Lawful basis: We process KYC data based on legitimate interest and compliance with legal obligations

  • Data minimization: We collect only the information necessary for KYC purposes

  • Data subject rights: Individuals may request access, rectification, or erasure of their personal data, subject to our legal retention obligations

  • Security: KYC data is stored securely with access limited to authorized personnel

Our full Privacy Policy is available on our website.

8. Roles and Responsibilities

Role: Policy Owner (Director/Partner)
Responsibility: Overall accountability; approves EDD cases; annual policy review

Role: Client Onboarding Lead
Responsibility: Collects and verifies CDD information; conducts screening

Role: Team Members
Responsibility: Report suspicious activity or potential red flags to Policy Owner

9. Red Flags and Reporting

Team members should escalate any of the following to the Policy Owner:

  • Client refuses to provide requested verification information

  • Inconsistent or contradictory information provided

  • Unexplained urgency or pressure to bypass procedures

  • Payments from unrelated third parties

  • Client or UBO appears on a sanctions or watchlist

  • Unusual payment structures or requests

Where required by law, Heraldist will report suspicious activity to the relevant authorities.

10. Policy Review

This policy is reviewed annually by the Policy Owner, or sooner if there are material changes in law, regulation, or our business operations. Updates are approved by senior management and communicated to all team members.

11. Contact

For questions about this policy, contact:
Email: office@heraldist.com
Website: www.heraldist.com