Kashu Studio Terms of Service
Last Updated: 7/14/2026 | Version 1.0
These Kashu Studio Terms of Service ("Terms") constitute a binding legal agreement between you (referred to herein as "you," "your," or "Client") and Kashu, Inc. ("Kashu," "we," "us," or "our"), a Wyoming corporation, operating its creative practice as Kashu Studio, and govern your access to and use of the creative, brand, design, web, content, and advertising-creative services offered by Kashu Studio (the "Studio Services"). By requesting, engaging, accessing, or using the Studio Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not engage or use the Studio Services.
Kashu Studio is a separate and distinct product. These Terms apply solely to the Studio Services. They do not govern, and are not connected to, the Kashu Wallet or Kashu Pay, which are financial products subject to their own separate agreements, including the Kashu Wallet Terms of Service and the Kashu Pay Terms of Service. Engaging the Studio Services does not create, and is not a condition of, any Kashu Wallet or Kashu Pay relationship, and nothing produced by Kashu Studio constitutes a financial product or service.
1. The Studio Services
Kashu Studio is an in-house creative practice that provides services which may include brand identity, graphic and visual design, websites and landing pages, copywriting, motion and video, social and advertising creative, and related creative and consultative work, as described in the applicable proposal, order, or statement of work. The Studio Services are creative and consultative in nature. Recommendations, strategies, designs, and deliverables reflect our professional judgment and industry best practices as of the date they are provided, and are offered as options that may work for your business. They are not promises, predictions, or guarantees of any particular outcome.
2. Engagements, Proposals, and Statements of Work
The specific scope, deliverables, timeline, fees, and payment schedule for an engagement are set out in a proposal, order, or statement of work ("SOW") agreed between you and Kashu Studio. Where a signed SOW or separate written services agreement exists, that document governs the specific engagement and controls in the event of any conflict with these Terms as to that engagement. In the absence of a signed SOW, these Terms govern your engagement of the Studio Services. Work outside an agreed scope is subject to a separate or amended SOW.
3. Consultative Nature; No Guaranteed Results
You acknowledge and agree that the Studio Services are provided on a consultative basis and that Kashu Studio does not guarantee any results, performance, or outcomes of any kind. Without limiting the foregoing, Kashu Studio makes no representation, warranty, or guarantee that any deliverable, website, campaign, content, design, or recommendation will: (a) generate revenue, sales, leads, conversions, traffic, engagement, followers, or any commercial return; (b) achieve any ranking, reach, placement, or performance on any search engine, marketplace, social platform, or advertising network; (c) be approved by, or remain in good standing with, any platform, network, processor, financial institution, or third party; (d) be protected against copying, imitation, infringement, chargebacks, fraud, or misuse; or (e) comply with any law, regulation, standard, or third-party policy. All such matters depend on factors outside our control, including your business, your market, third-party platforms, and your own execution. Anything we describe as a "best practice," something that "may work," or a recommendation is provided as informed guidance only, and you are solely responsible for deciding whether and how to use it.
4. No Professional Advice
The Studio Services, and any deliverable, copy, claim, statement, or recommendation produced through them, are creative and consultative and do not constitute legal, financial, tax, accounting, regulatory, compliance, or other professional advice, and must not be relied upon as such. You are solely responsible for verifying that any claim, statement, representation, disclosure, rate, figure, or offer contained in or produced through the Studio Services is accurate, substantiated, and lawful for your business before it is published or used. Where content is produced at your direction or based on information, copy, or claims you supply or approve, you are solely responsible for that content, and Kashu Studio bears no liability for it.
5. Compliance Is Your Responsibility
Kashu Studio does not warrant, ensure, or take responsibility for the legal or regulatory compliance of any deliverable, website, content, or campaign. Without limitation, Kashu Studio does not guarantee that any deliverable meets or will meet accessibility standards (including the ADA or WCAG), advertising, marketing, or consumer-protection laws (including FTC requirements), privacy or data-protection laws, industry or sector-specific regulations, security standards, or the policies of any platform, network, or processor (including Meta, Google, Apple, Visa, Mastercard, or any bank or acquirer). You are responsible for obtaining your own legal, compliance, and accessibility review of any deliverable before it goes live or is used in market. You use the Studio Services and any deliverable at your own risk.
6. Client Responsibilities and Warranties
You agree to: (a) provide accurate, complete, and timely information, materials, feedback, and approvals reasonably required for the engagement; (b) designate a person with authority to provide direction and approvals; and (c) review and approve deliverables. You represent and warrant that you own or have all necessary rights, licenses, and permissions to any content, trademarks, logos, images, text, data, or other materials you provide to Kashu Studio for use in the Studio Services, and that our use of those materials as directed by you will not infringe or violate the rights of any third party or any law. Delays in your inputs or approvals may affect timelines and fees.
7. Intellectual Property; Ownership on Payment
You will own the final deliverables that Kashu Studio creates specifically for you under an engagement, upon Kashu's receipt of full payment for that engagement. Upon full payment, Kashu assigns to you its assignable right, title, and interest in and to the final deliverables prepared for you, to the extent such rights exist and are capable of assignment. Until full payment is received, all deliverables, drafts, and work product remain the exclusive property of Kashu, and any license or delivery is conditional on payment.
Ownership of final deliverables does not include, and Kashu retains all right, title, and interest in and to: (a) Kashu's pre-existing intellectual property, know-how, methods, and processes; (b) Kashu's tools, software, templates, frameworks, components, and source files not created uniquely for you; and (c) any general skills, techniques, or concepts developed or used in performing the Studio Services. To the extent any such Kashu-owned materials are embedded in a deliverable, Kashu grants you a non-exclusive, perpetual, worldwide license to use them solely as part of that deliverable. Working files, source files, and preliminary or unused concepts are not part of the deliverables unless expressly stated in the SOW.
8. AI-Assisted Content
You acknowledge that Kashu Studio may use artificial-intelligence and machine-learning tools to assist in producing certain deliverables, including images, copy, video, audio, and design elements ("AI-Assisted Content"). You expressly consent to the use of such tools. You understand and agree that: (a) AI-Assisted Content may not be eligible for copyright or other intellectual-property protection, in whole or in part, under current law, and Kashu makes no representation that any AI-Assisted Content is protectable or exclusive to you; (b) similar or identical outputs may be generated for or by others, and Kashu does not guarantee originality, uniqueness, or exclusivity of AI-Assisted Content; (c) AI-Assisted Content is provided as delivered, and the assignment of ownership in Section 7 applies only to the extent rights in the AI-Assisted Content exist and are capable of assignment; and (d) you are responsible for reviewing the suitability, accuracy, and appropriateness of AI-Assisted Content before use. Kashu does not knowingly submit your confidential materials to third-party AI tools for the purpose of training those tools' public models. You are responsible for your use of AI-Assisted Content, including any third-party rights, disclosure obligations, or platform rules that may apply to it.
9. Third-Party Materials and Licenses
Deliverables may incorporate third-party materials, including stock images, fonts, icons, plugins, software, templates, hosting, and platforms, which are subject to their own separate licenses and terms. Unless expressly stated otherwise in the SOW, you are responsible for obtaining, maintaining, and renewing any third-party licenses required for your continued use of such materials, and Kashu is not responsible for the performance, availability, terms, or changes of any third-party materials or services.
10. Fees and Payment
You agree to pay the fees set out in the applicable proposal, order, or SOW, which may include deposits, milestone payments, and final payment. Deposits and milestone payments may be required before work begins or continues. As stated in Section 7, ownership of final deliverables transfers only upon receipt of full payment. Late or non-payment may result in suspension of work, withholding of deliverables, or termination of the engagement, and may incur late fees where permitted by law. Except as expressly stated in a SOW, fees are non-refundable to the extent work has been performed. You are responsible for all applicable taxes, excluding taxes based on Kashu's net income.
11. Revisions, Approval, and Acceptance
The number of revision rounds included in an engagement is set out in the applicable SOW; additional revisions or changes in direction are subject to additional fees. Your written approval or sign-off of a deliverable, or your use of a deliverable in market, constitutes acceptance of that deliverable. Requests received after acceptance are treated as new work.
12. Data
Kashu Studio does not host, store, process, monitor, or retain your data, your customers' data, or any end-user data collected through a delivered website, form, tool, or campaign after the applicable deliverable has been handed off to you. Following delivery, you are the sole controller of, and are solely responsible for, any personal or other data collected, processed, or stored through the deliverables, including providing your own privacy policy and notices, obtaining all required consents, and complying with all applicable privacy and data-protection laws. Any information you provide to Kashu during an engagement is handled in accordance with our Privacy Policy.
13. Portfolio and Publicity
Unless you and Kashu agree otherwise in writing (for example, under a non-disclosure agreement or an express opt-out in the SOW), Kashu Studio may identify you as a client and display, reproduce, and describe the work performed for you in its portfolio, case studies, website, social channels, and marketing materials. This right does not extend to your confidential business information.
14. Confidentiality
Each party may receive non-public information of the other that is marked or reasonably understood to be confidential ("Confidential Information"). Each party agrees to use the other's Confidential Information solely to perform or receive the Studio Services and to protect it with at least reasonable care. Confidential Information does not include information that is or becomes public through no fault of the receiving party, is independently developed, or is rightfully received from a third party. This Section does not limit the portfolio and publicity rights in Section 13.
15. Disclaimers
The Studio Services and all deliverables are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, availability, uninterrupted operation, or results. Kashu does not warrant that any deliverable will be error-free, secure, compatible with future third-party platforms or software, or fit for any specific purpose beyond the general purpose described in the SOW.
16. Limitation of Liability
To the fullest extent permitted by law, Kashu and its officers, directors, employees, contractors, and affiliates will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost opportunities, or loss of goodwill, arising out of or relating to the Studio Services or any deliverable, even if advised of the possibility of such damages. Kashu's total aggregate liability arising out of or relating to these Terms or an engagement will not exceed the amount of fees you paid to Kashu for the specific engagement giving rise to the claim.
17. Indemnification
You agree to indemnify, defend, and hold harmless Kashu and its affiliates, officers, directors, employees, contractors, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use, publication, or distribution of any deliverable; (ii) any content, materials, claims, or instructions you supply or approve; (iii) your breach of these Terms or any representation or warranty herein; or (iv) your violation of any law or the rights of any third party.
18. Term and Termination
These Terms apply for the duration of your engagement of the Studio Services. Either party may terminate an engagement as provided in the applicable SOW or, in the absence of a SOW, on written notice. Upon termination, you agree to pay for all Studio Services performed and expenses incurred through the effective date of termination. Ownership of deliverables remains subject to full payment as described in Section 7. Sections 3 through 9 and 12 through 21 survive termination.
19. Dispute Resolution and Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Studio Services shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) in Cheyenne, Wyoming, under its Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court having jurisdiction. You agree to waive any right to a jury trial or to participate in a class-action lawsuit. Sections 15 (Disclaimers), 16 (Limitation of Liability), and 17 (Indemnification) shall survive termination of these Terms.
20. Modifications to Terms
Kashu reserves the right to modify or update these Terms at any time. Non-material changes are effective upon posting. Material changes will be communicated through the Studio Services or by email before they take effect, unless a shorter period is required by law. Your continued engagement or use of the Studio Services after the effective date constitutes acceptance of the modified Terms. The version and date at the top of these Terms indicate when they were last revised.
21. Copyright Complaints (DMCA)
Kashu respects the intellectual-property rights of others and expects its clients to do the same. If you believe that content created, hosted, or made available in connection with the Studio Services infringes a copyright you own or control, you may submit a notice under the Digital Millennium Copyright Act ("DMCA") to our designated agent at the address below. Your notice must include: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner. Upon receipt of a valid notice, Kashu will respond as required by the DMCA, which may include removing or disabling access to the material in question, and may terminate the accounts of repeat infringers where appropriate. A person who knowingly and materially misrepresents that material is infringing, or was removed or disabled by mistake, may be liable for damages. DMCA notices may be sent to: Kashu, Inc., Attn: DMCA Agent, 1603 Capitol Ave, Ste 415 #674380, Cheyenne, WY 82001, or legal@kashupay.com.
22. Contact Information
For questions, legal notices, or service of process, you may contact us as follows:
Kashu, Inc.
Attn: Legal Department (Kashu Studio)
1603 Capitol Ave, Ste 415 #674380
Cheyenne, WY 82001
Email: legal@kashupay.com