01
Terms of Service.
1 · What we do
KR8TiV Studios is a creative house. Our Services may include, but are not limited to:
- Web & Digital: websites, landing pages, UX/UI, creative microsites, e-commerce stores and funnels.
- Branding & Visual Identity: logos, visual systems, brand guidelines, business cards, stationery, sales collateral.
- Packaging & Product: packaging concepts, structural mockups, labels, product visuals.
- Content, Video & Motion: video editing, motion graphics, animation, social content, real-estate / travel / hospitality content.
- Print & Environmental: posters, flyers, menus, brochures, event materials, signage.
- Docs & Corporate Materials: pitch decks, investor decks, manuals, training docs, internal guides, corporate reports.
- Strategy & Marketing: brand and content strategy, campaign ideas, creative direction, content planning.
- Advertising & Performance: ad creative, campaign setup support, A/B testing and optimization of creative.
- Automation & AI: AI-powered workflows, automations, integrations, and creative uses of AI.
The exact Services for your project will be described in a Scope, proposal, or agreement we share with you.
2 · The Scope: what's actually included
- We'll usually send a proposal / quote / scope of work ("Scope") outlining deliverables, timings, and fees.
- The Scope + these Terms = our contract. If there's a conflict, the Scope wins for the specific project details, and these Terms win for everything else.
- Anything not explicitly listed in the Scope is not included. We can absolutely add things — just expect an updated Scope, extra fees, and/or new timelines.
3 · Money, deposits & our no-refund policy
- Deposits are required. Most projects require an upfront deposit (often 30–50%). The amount and schedule are in your Scope or invoice.
- All deposits are non-refundable. Once you pay, we start allocating time, brain cells, and calendar space. That cost isn't reversible, so the money isn't either.
- Remaining fees may be due at milestones (design sign-off, development complete, final delivery, etc.). Details are in your Scope.
- If we pause, pivot, or end a project for any reason, all amounts paid remain with us. At our sole discretion we may apply unused value as credit toward revised work or a new Scope, and/or deliver partial work in progress that's already been paid for.
- This is credit, not a refund.
We are not here to steal your deposit. Our entire business runs on great relationships and great work. We'll act in good faith, but the rule stands: no refunds.
4 · Invoices, late payments & pauses
- Invoices are due on the date shown.
- If payment is late, we may pause work and stop all deliveries until payment lands.
- Reschedule timelines once payment arrives.
- We're not responsible for missed launch dates or opportunities caused by late payments.
5 · Websites & e-commerce
If we create or support websites, funnels, or online stores for you:
- Hosting, domains & accounts: Unless explicitly stated otherwise, you are responsible for hosting, domain registration and renewal, email, and all third-party accounts. We're not liable for downtime, data loss, expired domains, or platform outages.
- E-com and store settings: You are responsible for taxes, shipping, refunds/returns policies, customer service, and all the business settings. We can help configure them based on your instructions, but you own the legal and financial outcomes.
- Compliance: You are responsible for ensuring your site meets all applicable laws (consumer law, e-commerce regulations, accessibility, cookie and privacy rules, and so on).
- Content & claims: You are responsible for the accuracy and legality of your product descriptions, pricing, offers, and claims (including health, income, or performance claims).
- No guarantees: We do not guarantee specific results such as traffic, sales, conversions, or search rankings.
6 · Branding, print & packaging
- Color variation: Colors can look different on different screens and printers. We'll prep files correctly, but small variations in color or appearance are normal and not our responsibility.
- Proofing: You are responsible for checking proofs carefully — spelling, addresses, URLs, QR codes, legal wording, nutrition panels, everything. Once you approve, any errors are on you.
- Third-party vendors: We're not liable for print/production issues caused by printers, manufacturers, or shippers.
- Regulated products: If your product is regulated (food, supplements, cosmetics, finance, etc.), you are responsible for ensuring compliance with all laws and regulations.
7 · Video, animation & media
- Client-supplied content: You confirm you own (or have licensed) all content you provide — logos, footage, images, music, voiceovers, scripts, etc. — and you indemnify us against any claims arising from that content.
- Stock & licensed assets: We may use licensed fonts, stock images, footage, or music. These may come with usage limits (for example, online-only, single brand use). Where relevant, we'll flag this so you can decide what works.
- Raw / project files: Unless explicitly agreed, our deliverables are final exports (e.g., MP4, MOV, etc.), not full project files. If you need editable project files, this must be agreed in the Scope and may cost extra.
8 · Docs, decks & manuals
- We help shape and present your information (pitch decks, manuals, internal docs, etc.).
- We are not providing legal, financial, or regulatory advice.
- You are responsible for the accuracy, legality, and compliance of the content.
9 · Strategy, content & consulting
When we advise on brand, content, or creative strategy:
- Our work is professional opinion, not a guaranteed outcome.
- Markets, humans, and algorithms are unpredictable. You acknowledge that results can vary significantly.
10 · Advertising, campaigns & A/B testing
- We do not guarantee ROAS, CTR, CPM, CPA, sales, leads, or any particular metric.
- Ad platforms (Meta, Google, TikTok, etc.) may reject ads, change rules, or suspend accounts. We're not responsible for those decisions.
- You are responsible for the legality and compliance of your offers, targeting, and advertising claims.
- You typically control ad spend in your own accounts; all media spend is at your own risk.
11 · Automation, AI & integrations
- Automations and AI-powered workflows can misfire when tools or APIs change or break.
- You agree to monitor workflows, especially when they go live, and to use human judgment for high-stakes decisions (legal, financial, HR, medical, etc.).
- You are responsible for how you use automations and for complying with privacy and data laws applicable to your business.
- We're not liable for outages, data loss, or weird behavior caused by third-party tools or AI platforms.
12 · Client responsibilities
- Provide accurate info, assets, and content you have rights to use.
- Give timely feedback and approvals.
- Review deliverables carefully before sign-off.
- Avoid vanishing for weeks and then asking for the same deadline — time is a thing.
13 · Revisions, sign-off & post-delivery tweaks
- Your Scope will usually include a set number of revision rounds (for example, two or three rounds).
- Revisions are for refining what we've already created, not for starting over with a whole new concept each time.
- Once you approve a deliverable (design, edit, layout, etc.), it is considered accepted. Changes after approval may be billed as new work.
Complimentary post-delivery tweaks:
- For each project, you get up to two small tweaks after final delivery, free of charge.
- A "small tweak" is something we can reasonably complete in about 30 minutes or less (for example: a color adjustment, swapping a word or line of text, swapping one image, exporting an additional file size, etc.).
- These two complimentary tweaks are available for up to six (6) months from the original delivery date of the final files for that project.
- Anything significantly larger — such as new sections, new pages, new scenes, full copy rewrites, layout changes, re-edits, or major design shifts — will be treated as a change order with its own quote, invoice, and timeline.
- We make the judgment call on whether a request counts as a "small tweak" or a "new Scope", but we'll always explain the reasoning and keep things fair. The goal: keep you happy without turning "one last tweak" into an endless unpaid redesign.
14 · Intellectual property & ownership
- We own all rights to the work until you've paid all project invoices in full.
- After full payment, you own the final deliverables listed in the Scope for your business use (subject to any third-party license limits).
- We keep ownership of our processes, methods, and internal templates, and unused concepts, sketches, drafts and explorations.
- We will never reuse your proprietary designs, content, or assets for other clients.
Portfolio & social media:
Unless we've signed an NDA or agreed otherwise in writing, you grant us permission to show the work in our portfolio (online/offline), mention you as a client (by name and logo), share project images, screenshots, and case studies, and tag you on social media to say "hey, we made this". If we sign a confidentiality agreement, we respect it. No sneaky flexing.
15 · Confidentiality
- We'll keep your non-public information confidential and use it only as needed to deliver the Services.
- If a separate NDA exists, that NDA takes priority where it's stricter than these Terms.
16 · Third-party tools & platforms
We use third-party providers for things like hosting, analytics, email, project management, and AI. Their services are governed by their own terms and privacy policies. We're not responsible for outages, changes, or issues on their side.
17 · Warranties & disclaimers
We promise to use reasonable skill and care and to deliver what's in the Scope. We do not promise that the Services will be error-free, uninterrupted, or guarantee specific results.
18 · Limitation of liability
To the maximum extent permitted by law:
- Our total liability for any claim related to the Services is limited to the total fees you paid us for that specific project.
- We are not liable for indirect, incidental, special, or consequential damages; lost profits; lost data; or lost opportunities.
19 · Indemnity
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:
- Content, assets, or instructions you provide;
- Your products or services;
- Your use (or misuse) of our deliverables;
- Your breach of these Terms or any applicable law.
20 · Termination
- Either of us may terminate a project if the other materially breaches these Terms and doesn't fix it within a reasonable time, or if we mutually agree it's not working out.
- On termination, all paid amounts remain non-refundable.
- We may deliver any work that has been fully paid for.
- We may, at our discretion, apply remaining value as credit toward future work.
21 · Changes to these Terms
We may update these Terms occasionally. When we do, we'll update the "Last updated" date at the top. Continued use of our Site or Services after changes means you accept the new Terms.
22 · Governing law
These Terms are governed by the laws of Guanacaste, Costa Rica. Any disputes will be handled in the courts of Liberia, Costa Rica, unless we both agree to something more friendly like mediation.
23 · Contact
Questions, clarifications, or a wild idea you want to ship?
KR8TiV Studios
Email: matt@kr8tiv.io
Website: kr8tiv.io