Terms of Use

‍Last Updated: January 1, 2025

‍1. Agreement Overview

This terms of use agreement (the “Agreement”) constitutes a legally binding agreement by and between Kue Studio (“Kue”), and the client, whether personally or on behalf of an entity (“Customer”), with regard to access and use of Kue’s website: https://www.kue.studio, https://www.kue.design, https://www.kue.work (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree to and adhere to all terms, conditions, and obligations contained herein results in the prohibition of the Customer's use of the services, requiring immediate discontinuation. Except for ongoing obligations, such as payment for services rendered, the relationship between Customer and Kue shall cease upon termination of this Agreement.

2. Service Plans

Kue Starter Plan: This basic plan offers creative and marketing services from Kue, featuring the expertise of at least one dedicated designer performing one (1) task at a time for a period of fourteen (14) business days. Customers will receive deliverables and updates on their project's progress every 24–48 hours on average, which will be delivered directly through the Kue client portal.

Kue Pro Plan: This plan offers creative and marketing services from Kue, featuring the expertise of at least one dedicated designer performing one (1) task at a time for a period of thirty (30) business days. Customers will receive deliverables and updates on their project's progress every 24–48 hours on average, which will be delivered directly through the Kue client portal.

‍Kue Plus Plan: Designed for more comprehensive needs, the Plus plan encompasses creative and marketing services from Kue, featuring the expertise of at least one dedicated designer performing up to two (2) tasks at a time for a period of thirty (30) business days. Like the Pro plan, Customers will receive deliverables and updates on their project's progress between same-day to every 24–48 hours on average, which will be delivered directly through the Kue client portal.

Ongoing Support: Designed for ongoing needs and support, our ongoing support plans encompass creative and marketing services from Kue, featuring the expertise of at least one dedicated designer performing an agreed-to amount of creative work throughout a calendar month. Like Kue Sprints, Customers will receive deliverables and updates on their project's progress between same-day to every 24–48 hours on average, which will be delivered directly through the Kue client portal.

If a Customer requests a new task, edit, or revision on a weekend (Friday after 12pm PST, Saturday, or Sunday), Kue reserves the right to deliver the request the following week on a business day, in accordance with the 24-48 hour average deliverable window. For example, a new task, revision, or edit sent Friday after 12pm PST, Saturday or Sunday could be delivered the following Monday or Tuesday.

For all Kue plans referenced above, all task submissions and communications must be conducted through the dedicated client portal. Kue reserves the right to modify, enhance, or revise these Service Plans at its discretion. Customers are advised to review the terms regularly for any updates or changes.

3. Acceptance of Work

Kue suggests a review period of no longer than three (3) business days following the delivery of design work for the Customer to evaluate and provide feedback, while maintaining an efficient timeline. The Customer’s input is invaluable for ensuring the final product meets their expectations.

‍We encourage Customers to provide timely feedback to align with the project's momentum but understand that iteration is a natural part of the creative process. Kue is happy to continue iterating on the delivered work to ensure that the Customer's vision is fully realized, while also maintaining the pace of project development.

4. Pausing, Cancellation, Renewal and Refund Policy

Customers have the flexibility to pause or cancel their Kue plan at their own discretion. Kue reserves the right to refuse a refund if a Customer does not successfully cancel the plan before their billing cycle renews.

Pausing The Plan: If a Customer pauses a plan, work will stop immediately upon pausing. It is not possible for a Customer to pause a plan that has been resumed on the same day. Furthermore, the day when the Customer pauses the plan still counts as a business day. In the same vein, a day of unpausing counts as a business day as well. Because of this, Kue recommends pausing in the evening and unpausing in the morning to maximize work for that given day. Additionally, clients should note that they can only pause their plan as needed on our before the last two business days of their plan. This restriction ensures that all necessary wrap-up activities and work is properly concluded at the end of a sprint.

Canceling The Plan: Customers choosing to cancel a plan with Kue can do so at their own discretion before the next billing cycle renewal date. Please contact Kue via the project portal to inquire about cancelling your plan. If a Customer cancels a plan, Kue will continue to provide services until the completion of the current billing cycle.

Renewal and Refunds: There are no refunds for any portion of the services that have been unused within this billing period. If a Customer fails to cancel, they will incur charges for the next billing period. These charges are non-refundable, compensating for the allocation of design resources which could have been deployed for other projects. This policy is designed to help Kue maintain a consistent and dedicated level of service for all active projects. Customers are advised to carefully consider their project timelines and plan any pauses or cancellations to align with this process. Kue is committed to clear and transparent communication about renewal dates and will provide reminders to assist Customers in this regard. All cancellation intentions must be communicated through Kue's designated contact channels to be acknowledged and processed.‍

5. Intellectual Property Rights

Customers of Kue pay in advance for each period of service. Consequently, ownership of all works created specifically for the Customer during a given billing cycle is transferred to the Customer immediately upon commencement of that cycle's service. This includes, but is not limited to, brand assets, website designs, and customized graphics created as part of the service agreement.

While Kue retains all rights to its foundational and underlying Content, such as software, design frameworks, trademarks, logos, and pre-existing text, graphics, and media (collectively, the “Content”), the specific works produced for a Customer during the paid service period are the Customer's property from the point service delivery begins for that billing cycle.

These works, once created and delivered within the scope of a paid billing cycle, are protected under the Customer's ownership by copyright laws and regulations of the United States and foreign jurisdictions and international conventions, as applicable.

6. Ownership of Materials

Consistent with the Intellectual Property Rights section, while Kue retains ownership of its proprietary materials and general content used in the creation process, the Customer obtains full ownership of the final, delivered project work. This includes all design and original source files created specifically for the Customer’s project. Upon full payment for the respective service, the Customer shall be the sole owner of the copyright for all completed projects. It should be noted that this transfer of ownership pertains only to the final, custom-created works and does not include Kue’s underlying tools, methods, or pre-existing materials. For sprints or plans that include website designs, the Customer is responsible for any/all hosting or domain fees associated with the project. Website and domain hosting is not included as a part of Kue Sprints or Flexible Support plans.

7. Fonts

If any Project incorporates fonts not owned by Kue and requires a commercial license for legal reproduction, distribution, or public display, Kue will inform the Customer in writing. The Customer will need to purchase the appropriate licenses for the Third-Party Fonts. The Customer assumes all responsibility for consequences due to failure in purchasing required licenses for any Third-Party Fonts incorporated into a Project.

8. Customer Representations

By using the services, Customer represents and warrants that: Customer has the legal capacity and agrees to comply with these Terms of Use; Customer is not a minor; Customer will not access the services through automated or non-human means; Customer will not use the services for any illegal or unauthorized purpose; Customer’s use of the services will not violate any applicable law or regulation.

9. Prohibited Activities

Customers shall use the services provided by Kue solely for lawful purposes and in accordance with the intended use of these services. Specifically, the creative content and materials produced by Kue are to be used by the Customer in a manner that aligns with the agreed-upon project scope and is consistent with the terms of the service plan selected. Customers are prohibited from:

Reselling, redistributing, or otherwise exploiting the services or content created by Kue for unauthorized commercial purposes.

Using the services or content created in any way that infringes upon the intellectual property rights of others, including but not limited to unauthorized reproduction, modification, or distribution.

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

The use of Kue’s services should be in a manner that respects the integrity of the creative process and adheres to the legal and ethical standards of content creation and usage.‍

10. Feedback

Customers acknowledge and agree that any questions, comments, suggestions, or other feedback related to the services provided by Kue ("Feedback") must be communicated through designated platforms, specifically the Kue client portal. This ensures that Feedback is properly recorded and addressed. Kue shall retain ownership of all Feedback and is under no obligation to keep it confidential.

Kue is not liable for any oversight or failure to act on Feedback that is not shared through the aforementioned designated channels. Customers are encouraged to use the client portal platforms for all communication regarding Feedback to ensure it is duly noted and appropriately responded to and addressed.

11. Project Management & Communication / Phone and Video Calls

Upon commencement of any sprint projects, all management and communication shall be conducted exclusively through our client portal. Direct calls and/or video meetings are not included in Kue 2-week or 1-month plans to ensure efficiency and swift execution of your requests. This model has proven successful in maintaining our commitment to quick and effective service delivery.

Only clients with quarterly or annual subscriptions to Kue plans will have the benefit of including calls and meetings in their service package. This inclusion is aimed at ensuring Kue remains in sync with your long-term objectives and key results. A mutually agreeable schedule for calls and meetings will be established to facilitate this enhanced level of engagement.

12. Oversight

Kue reserves the right to monitor the services for violations of these Terms of Use and to take appropriate legal action against violations. Kue further reserves the right to restrict or deny access to the services or disable the Customer’s use of the services, without notice or liability.‍

13. Modifications to Terms of Use

Kue reserves the right to change, alter, modify, or remove any content on the services at its sole discretion. Kue reserves the right to modify or discontinue all or part of the services without notice and without liability to the Customer.

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

There may be occasions where service interruptions occur due to factors beyond our control. These may include, but are not limited to, unforeseen circumstances such as team member unavailability, life-changing or 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 Customer’s inability to receive the services during these periods. We are committed to minimizing any disruptions and will endeavor to notify and remedy Customers of any significant interruptions and resume services as promptly as possible, including but not limited to pausing plans on a Customer’s behalf to save the remaining time allocated for the billing cycle.

Kue reserves the right to pause its services for any reason, at its sole discretion, including but not limited to the following holiday schedule:

  • 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, in addition to remedying and planning project timelines accordingly, with our Customers.

15. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

16. Limitations of Liability and Indemnification

Kue, its directors, employees, members, contractors, or agents shall not be liable for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, or other damages or losses, arising from Customer’s use of the services. Customer agrees to defend, indemnify and hold harmless Kue from any loss, damage, liability, claim, or demand due to Customer’s use of the services.

17. Customer Data

The Customer is responsible for providing all necessary data and materials required for Kue to perform its services. This includes, but is not limited to, specific project requirements, content, images, or any other information relevant to the completion of the services.

While Kue takes reasonable measures to safeguard the data provided by the Customer during the service process, it shall not be liable for any loss, corruption, or compromise of such data. Customers are advised to maintain 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 it cannot guarantee the restoration of lost or corrupted data.

18. Electronic Delivery of Materials

The Customer consents to receive electronic communications from Kue and agrees that all agreements, notices, disclosures, and other communications sent electronically satisfy legal requirements for written communication.

19. Showcasing Work, Portfolio Use, and Website Design Credits

Kue reserves the right to showcase any rendered work on its digital channels (i.e. website, social media) unless otherwise agreed upon through a Non-Disclosure Agreement (NDA) to protect sensitive information. For website designs, the Customer permits Kue to place a small, discreet website design credit in the footer of the website design (i.e. “Site Design by Kue”) unless otherwise agreed upon in writing before the sprint begins.

20. Termination

These Terms of Use remain in effect until terminated by the Customer or Kue. Customers may terminate their agreement in accordance with the cancellation policy outlined in the "Pricing Plans and Refund Policy" section. Kue reserves the right to terminate this Agreement at any time, with reasonable notice to the Customer, unless in cases of breach by the Customer, including but not limited to non-payment and violation of these Terms of Use. Kue may also suspend or terminate Customer's access to the services for any substantial breach of these terms.

Upon termination, all rights and obligations of both parties, save for those explicitly stated as surviving the termination (such as payment obligations for services already rendered, confidentiality, and ownership of materials), will cease. Kue will take reasonable steps to ensure a smooth transition and minimize disruption to the Customer's ongoing projects.

Contact Information

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