Terms of Use

Last Updated: April 1, 2026

1. Agreement Overview

This terms of use agreement (the "Agreement") constitutes a legally binding agreement by and between Kue Concepts, LLC, doing business as Kue Studio ("Kue," "we," or "us"), and the client, whether personally or on behalf of an entity ("Customer" or "Client"), with regard to (a) access to and use of Kue's websites: https://www.kue.studio, https://www.kue.design, https://www.kue.work, and any related media, channel, or application (the "Website"), and (b) any creative, strategic, design, development, content, or related services Kue provides to the Client (the "Services").

Engagements between Kue and the Client are governed by this Agreement together with the proposal, statement of work, or order form for that engagement (each, an "SOW"). The SOW (scope of work) sets out the specific scope, deliverables, fees, timeline, and any terms unique to that engagement. Where a properly executed SOW conflicts with this Agreement on the commercial specifics of an engagement, the SOW controls. In all other respects, this Agreement applies.

Failure to agree to and adhere to all terms, conditions, and obligations contained herein results in the prohibition of the Client's use of the Services, requiring immediate discontinuation. Except for ongoing obligations, such as payment for Services rendered, the relationship between Client and Kue shall cease upon termination of this Agreement.

2. Engagements & Services

Kue provides brand strategy, identity and design, web design and development, motion design, content, AI-assisted creative, and public relations services. Kue engages with Clients primarily through two models, as specified in the applicable SOW:

Sprints. A Sprint is a defined-scope, fixed-fee engagement focused on producing an agreed set of deliverables within a set timeline. The scope, deliverables, fee, and schedule for each Sprint are set out in the applicable SOW. Work outside the agreed scope is handled as described in Section 3.

Retainers. A Retainer is an ongoing monthly engagement under which Kue provides an agreed allocation of creative capacity (measured in hours or deliverables) over each calendar month. Retainers carry a minimum commitment of six (6) months unless otherwise stated in the SOW. After the minimum term, a Retainer continues on a month-to-month basis until cancelled in accordance with Section 4. Unused monthly capacity does not roll over from one month to the next except as expressly stated in the applicable SOW. Retainers may

Throughout an engagement, Clients receive regular updates and deliverables on a cadence appropriate to the work and the engagement model, communicated through the channels described in Section 14. Kue reserves the right to modify, enhance, or revise its Service offerings at its discretion. Clients are advised to review these Terms periodically for any updates or changes.

3. Scope & Revisions

Each engagement includes the scope set out in the applicable SOW. Kue suggests a review period of no longer than three (3) business days following the delivery of work for the Client to evaluate and provide consolidated feedback, in order to maintain an efficient timeline. The Client's input is invaluable for ensuring the final product meets their expectations. Kue does not limit revisions to a set number of rounds; instead, we iterate on the work as needed within the Sprint's capacity to fully realize the Client's vision.

Kue treats each Sprint as a dedicated block of creative capacity rather than a fixed checklist, which lets us stay flexible as the work develops:

  • Scope can change mid-Sprint. If priorities shift, Kue will accommodate reasonable changes to scope and direction within the Sprint's capacity, so the engagement stays aligned with the Client's evolving needs.

  • Unused capacity remains available to you. If the originally scoped work is completed with time remaining in the Sprint, the Client may direct the remaining capacity toward any other work across Kue's range of capabilities.

Where the work a Client wishes to pursue exceeds the time available in the current Sprint, Kue will say so transparently, and the parties will agree on additional time or scope before that work proceeds. Our aim is to keep each engagement flexible and fully utilized while staying aligned with the Client on scope and timeline.

4. Fees, Payment, Pausing, Cancellation & Refunds

Fees for each engagement are set out in the applicable SOW.

Payment. Payment for Sprints is due in full upfront, before work begins, unless otherwise noted in the applicable SOW. Payment for Retainers is due at the beginning of each month, via credit card on file or electronic invoice, unless otherwise noted in the applicable SOW. For Retainers, Kue reserves the right to stop services and deliverables if payment is not successfully processed by the beginning of the month.

Pausing. For Sprints, a Client may pause the engagement at any time by notifying Kue through the designated project channel. When a Sprint is paused, the Sprint timeline stops, preserving the Client's remaining time for when work resumes; to make the most of each working day, Kue recommends pausing at the end of a day and resuming at the beginning of a day. If a Client becomes unresponsive for more than three (3) business days, Kue will automatically pause the Sprint on the Client's behalf, effective as of the last day on which work was completed or delivered, so that the Client does not lose time while away. Work resumes when the Client re-engages. For Retainers, a Client may not pause engagement at any time. Retainer fees are billed on a recurring basis regardless of usage, and unused time does not roll over or accrue unless otherwise stated in writing

Cancelling a Sprint. A Client may cancel a Sprint at their discretion by notifying Kue in writing through the designated project channel. If a Client cancels a Sprint after work has begun, amounts already paid are non-refundable, and the Client remains responsible for all work completed and resources committed through the cancellation date. Kue will deliver work product completed and paid for as of that date.

Cancelling a Retainer. A Retainer may be cancelled in writing at any time after its minimum term, effective at the end of the then-current monthly cycle, with thirty (30) days' written notice. The minimum-term commitment is non-cancellable except in the case of material breach by Kue. Fees for any partial or unused capacity within a monthly cycle are non-refundable.

Renewal and Refunds. There are no refunds for any portion of Services that have been delivered or for capacity reserved but unused within a billing period. Charges for reserved capacity compensate for the allocation of creative resources that could otherwise have been deployed for other Clients, and help Kue maintain a consistent and dedicated level of service across all active engagements. Kue is committed to clear and transparent communication about billing dates and will provide reasonable reminders to assist Clients. All cancellation intentions must be communicated through Kue's designated channels to be acknowledged and processed.

5. AI-Assisted Services

As an AI-accelerated studio, Kue uses artificial intelligence and generative tools as part of its creative process — including for imagery, video, motion, content, and research. By engaging Kue, the Client acknowledges and consents to the use of AI-assisted tools in the production of deliverables.

The Client acknowledges the following with respect to AI-assisted work:

  • Under current United States law, certain elements generated using AI tools may not be eligible for copyright registration or exclusive ownership. Kue makes no warranty that any AI-generated element is registrable, protectable by copyright, or exclusive to the Client. Where exclusivity or registrability is material to a particular deliverable, the parties will address the approach in the applicable SOW.

  • Kue takes reasonable care in its use of AI tools but does not warrant that AI-generated outputs are free of all third-party claims. The limitation of liability and indemnification provisions in Section 20 apply to AI-assisted work.

  • Kue does not use AI tools to generate the likeness of identifiable real individuals without appropriate consent. Any photography, footage, logos, names, likenesses, or other materials the Client provides for use in deliverables remain the Client's responsibility, and the Client warrants it holds the rights necessary to use them (see Section 11).

  • The Client is responsible for reviewing and approving all deliverables prior to publication or public use.

6. Intellectual Property Rights

Kue retains all right, title, and interest in its pre-existing and underlying materials, including software, design frameworks, methodologies, processes, know-how, trademarks, logos, and pre-existing text, graphics, and media (collectively, the "Kue Materials"). Nothing in this Agreement transfers ownership of the Kue Materials.

Upon Kue's receipt of full payment for an engagement (or, where an SOW provides for milestone delivery, for the relevant milestone), Kue assigns to the Client all right, title, and interest in the final deliverables created specifically for the Client under that engagement (the "Deliverables"), excluding the Kue Materials and any Third-Party Materials described in Section 9. Until full payment is received, all Deliverables remain the sole property of Kue, and any use of unpaid Deliverables by the Client is unauthorized.

Once assigned, the Deliverables are protected under the Client's ownership by the copyright laws and regulations of the United States and foreign jurisdictions and applicable international conventions. This assignment is subject to Kue's retained right to use the engagement and Deliverables for portfolio and marketing purposes as described in Section 23.

7. Ownership of Materials

Consistent with Section 6, while Kue retains ownership of the Kue Materials and general content used in the creation process, upon full payment the Client obtains full ownership of the final, delivered project work, including the final design and original source files created specifically for the Client's project. This transfer of ownership pertains only to the final, custom-created Deliverables and does not include the Kue Materials, Kue's underlying tools or methods, or any Third-Party Materials.

For engagements that include website design or development, the Client is responsible for any and all hosting, domain, and platform fees associated with the project. Hosting and domain registration are not included as part of any Sprint or Retainer unless expressly stated in the SOW.

8. Subcontractors & The Kue Collective

Kue may engage subcontractors, specialist partners, and members of the Kue Collective (for example, in public relations, paid media, grant writing, or production) to perform portions of the Services. In all such cases, Kue remains the Client's sole contracting party and point of responsibility; the Client has no separate contractual relationship with any subcontractor. Kue ensures that any subcontractor performing work that results in Deliverables is bound by confidentiality and intellectual-property obligations sufficient to give effect to Sections 6, 7, and 15.

9. Fonts & Third-Party Materials

Projects may incorporate fonts, stock assets, imagery, plugins, software, or other materials owned by third parties and requiring a license for lawful reproduction, distribution, or public display ("Third-Party Materials"). Where a Project requires Third-Party Materials, Kue will inform the Client in writing, and the Client will be responsible for purchasing and maintaining the appropriate licenses in its own name. The Client assumes all responsibility for any consequences arising from a failure to obtain or maintain required licenses for Third-Party Materials incorporated into a Project. Third-Party Materials are licensed, not assigned, and are excluded from the ownership transfer in Sections 6 and 7.

10. Client Representations

By using the Services, the Client represents and warrants that: the Client has the legal capacity and authority to enter into this Agreement and agrees to comply with these Terms; the Client is not a minor; the Client will not access the Services through unauthorized automated or non-human means; the Client will not use the Services for any illegal or unauthorized purpose; and the Client's use of the Services will not violate any applicable law or regulation.

11. Client Responsibilities & Materials

The Client is responsible for providing all data, content, brand assets, access, and materials reasonably required for Kue to perform the Services, and for providing timely feedback and approvals to maintain project momentum. The Client warrants that it owns or has the necessary rights to all materials it provides to Kue, and that Kue's use of those materials in performing the Services will not infringe the rights of any third party. Delays in providing materials, feedback, or approvals may affect timelines and, where applicable, the fees set out in the SOW.

12. Prohibited Activities

Clients shall use the Services solely for lawful purposes and in accordance with their intended use. The creative content and materials produced by Kue are to be used in a manner consistent with the agreed project scope and the applicable SOW. Clients are prohibited from:

  • Reselling, redistributing, or otherwise exploiting the Services or the Kue Materials for unauthorized commercial purposes;

  • Using the Services or any content created in any way that infringes the intellectual property rights of others, including unauthorized reproduction, modification, or distribution; and

  • Engaging in any activity that is illegal, fraudulent, or violates the rights of any third party.

Use of Kue's Services should respect the integrity of the creative process and adhere to the legal and ethical standards of content creation and usage.

13. Feedback

Clients acknowledge and agree that questions, comments, suggestions, revisions, and other feedback related to the Services ("Feedback") should be communicated through Kue's designated project channels so that it is properly recorded and addressed. Kue is not liable for any oversight or failure to act on Feedback that is not shared through those designated channels. Any general suggestions a Client provides about Kue's tools, processes, or offerings may be used by Kue without restriction or obligation of confidentiality.

14. Project Management & Communication

Kue manages engagements through its designated project management platform (currently Basecamp) and agreed communication channels. Strategy sessions, calls, and collaborative working time are part of Kue's engagements as scoped in the applicable SOW; the appropriate cadence is established with each Client based on the engagement.

Requests received outside of standard business hours — including after 12:00 p.m. PST on Fridays, on weekends, or on the holidays listed in Section 18 — will generally be addressed on the following business day. Kue recommends submitting requests during business hours to maximize turnaround.

15. Confidentiality

In the course of an engagement, each party may receive non-public information belonging to the other ("Confidential Information"). Each party agrees to protect the other's Confidential Information with reasonable care, to use it only for the purpose of the engagement, and not to disclose it to third parties except to its personnel and subcontractors who need it and are bound by similar obligations. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was independently developed, or is required to be disclosed by law. These obligations survive termination of this Agreement.

16. Oversight

Kue reserves the right to monitor the Services for violations of these Terms and to take appropriate legal action against violations, including restricting or denying access to the Services or disabling a Client's use of the Services, without notice or liability, in the event of a material breach.

17. Modifications to Terms

Kue reserves the right to change, alter, modify, or remove any content on the Website at its sole discretion. Kue reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client. Changes to these Terms apply prospectively; the commercial terms of any engagement already underway continue to be governed by the SOW and the version of these Terms in effect when that engagement began.

18. Service Interruptions, Pauses In Service, and Holiday Schedules

There may be occasions where service interruptions occur due to factors beyond our control, including unforeseen circumstances such as team-member unavailability, life-altering events, technical difficulties, or external factors impacting our ability to deliver Services. In the event of such interruptions, Kue shall not be liable for any loss, damage, or inconvenience caused by the Client's inability to receive Services during these periods. We are committed to minimizing disruptions and will endeavor to notify Clients of, and remedy, any significant interruptions and resume Services as promptly as possible, including by pausing an engagement on a Client's behalf to preserve remaining capacity.

Kue reserves the right to pause its Services, with reasonable communication, including for the following holidays:

  • New Year's Day

  • Birthday of Martin Luther King, Jr.

  • Washington's Birthday / Presidents' Day

  • Memorial Day

  • Juneteenth National Independence Day

  • Independence Day

  • Labor Day

  • Veterans Day

  • Thanksgiving Day

  • Christmas Day

We are committed to communicating transparently about any planned and foreseeable service pauses, and to planning project timelines accordingly with our Clients.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles. The parties agree that the state and federal courts located in California shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement.

20. Limitation of Liability and Indemnification

To the fullest extent permitted by law, Kue and its directors, employees, members, contractors, or agents shall not be liable for any indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, or other losses, arising from the Client's use of the Services. Kue's total aggregate liability arising out of or relating to any engagement shall not exceed the total fees actually paid by the Client to Kue for that engagement.

The Client agrees to defend, indemnify, and hold harmless Kue from any loss, damage, liability, claim, or demand, including reasonable legal fees, arising from the Client's use of the Services, from materials the Client provides to Kue, or from the Client's breach of these Terms.

21. Client Data

The Client is responsible for providing all necessary data and materials required for Kue to perform the Services. While Kue takes reasonable measures to safeguard the data provided by the Client during the service process, it shall not be liable for any loss, corruption, or compromise of such data. Clients are advised to maintain their own backups and copies of all materials provided to Kue. In the event of any loss or corruption of data, Kue will endeavor to assist in the recovery process to the best of its ability but cannot guarantee restoration of lost or corrupted data.

22. Electronic Delivery of Materials

The Client consents to receive electronic communications from Kue and agrees that all agreements, notices, disclosures, and other communications sent electronically satisfy any legal requirement that such communications be in writing.

23. Showcasing Work, Portfolio Use, and Design Credits

Kue reserves the right to showcase rendered work, including process and behind-the-scenes materials, on its digital channels (such as its website and social media) unless otherwise agreed in writing through a Non-Disclosure Agreement or confidentiality provision in the SOW. For website projects, the Client permits Kue to place a small, discreet design credit in the footer of the website (for example, "Site Design by Kue") unless otherwise agreed in writing before the engagement begins.

24. Termination

These Terms remain in effect until terminated by the Client or Kue. Clients may terminate an engagement in accordance with the cancellation provisions in Section 4. Kue reserves the right to terminate this Agreement at any time, with reasonable notice to the Client, except in cases of breach by the Client — including non-payment or violation of these Terms — in which case Kue may suspend or terminate immediately.

Upon termination, all rights and obligations of both parties cease, except for those that by their nature survive — including payment obligations for Services already rendered, non-refundable deposits and committed-resource fees, confidentiality, ownership of materials, limitation of liability, and indemnification. Kue will take reasonable steps to ensure a smooth transition and to minimize disruption to the Client's ongoing projects.

Contact Information

For any questions regarding these Terms or the Website, please contact Kue at support@kue.work.