Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the Kinetix Shuler Media website, products, and services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
Most work is delivered through scoped engagements (audit, blueprint, system design, implementation support). The exact deliverables, timelines, and fees are defined in a proposal or Statement of Work (“SOW”). If an SOW conflicts with these Terms, the SOW controls.
Kinetix Shuler Media provides creative strategy and operational design services for digital brands. Services may include audits, research, playbooks, frameworks, templates, documentation, training, and implementation support. Any performance examples are illustrative; unless explicitly stated in an SOW, results are not guaranteed.
You represent that you are the age of majority in your jurisdiction and have authority to enter into these Terms. If you use the Services on behalf of an entity, you confirm you can bind that entity.
Scope, deliverables, and timelines are defined per engagement. Additions or changes require written approval (a change order or updated SOW). We may pause work if inputs, approvals, or payments are delayed.
You agree to provide timely access to needed information, assets, and stakeholders. You are responsible for ensuring that materials provided are accurate and that you have rights to share them.
- Provide a primary contact and decision pathway for approvals.
- Respond within agreed review windows to keep timelines intact.
- Maintain backups of systems and data; do not rely on deliverables as the only copy.
- Comply with applicable laws and third-party platform policies.
You may not misuse the website or Services, attempt unauthorized access, interfere with security, or distribute malicious code. You may not use our Services to violate laws, infringe rights, or engage in deceptive practices.
We retain ownership of pre-existing methods, frameworks, and know-how (“Background IP”). Upon full payment, you receive a non-exclusive license to use deliverables for internal business purposes. Third-party components remain subject to their own licenses.
Both parties agree to protect non-public information shared for the engagement and to use it only to perform the Services. Confidentiality does not apply to information that is publicly available through no breach, independently developed, or lawfully received without restriction.
Fees are due as stated in the SOW or invoice. We may pause work if payment is past due. You are responsible for applicable taxes unless valid exemption documentation is provided.
Services are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim implied warranties including merchantability, fitness for a particular purpose, and non-infringement. Strategy involves judgment; you remain responsible for decisions.
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages. Our total liability will not exceed the amount paid for the specific Services that gave rise to the claim in the three (3) months prior.
Either party may terminate as permitted by the SOW. If the SOW is silent, either may terminate with reasonable written notice. You remain responsible for payment for work performed up to termination, including approved expenses and non-cancellable commitments.
These Terms are governed by the laws of the State of California. The parties will attempt to resolve disputes informally in good faith. If unresolved, either party may pursue remedies in a competent jurisdiction.
We may update these Terms from time to time. The “Last Updated” date indicates when changes become effective. Continued use after updates constitutes acceptance of the revised Terms.