Terms of Use

Kite Theory provides professional creative design and digital product development services across five core disciplines:

Specific project requirements, milestone schedules, deliverables, and fees are defined in individual written Statements of Work (SOW), estimates, or project proposals approved by both parties. In the event of any direct conflict between these Terms and an executed SOW, the terms of the executed SOW shall prevail.

Clear ownership and transfer of creative rights are fundamental to our professional engagements:

• Transfer Upon Full Payment: Upon receipt of complete, final payment, Kite Theory assigns all worldwide copyright and title in the approved final deliverables (custom logos, finalized Figma UI layouts, rendered video exports, and custom codebase) to the Client.
• Preliminary Works & Rejected Drafts: Kite Theory retains sole ownership of unused concepts, exploratory sketches, working files, proprietary code utilities, and rejected creative drafts.
• Portfolio & Promotional Rights: Unless explicitly restricted by an executed Non-Disclosure Agreement (NDA), Kite Theory reserves the right to showcase completed client work, case studies, visual mockups, and video cuts within its public agency portfolio, website, award entries, and social channels.

Timely delivery of creative projects requires active collaboration. The Client agrees to:

• Provide brand assets, high-resolution source imagery, copy, domain access, and credentials in a prompt manner.
• Consolidate stakeholder feedback and provide approvals within 5 business days of milestone presentations.
• Warrant that all materials, trademarks, fonts, and assets supplied to Kite Theory are owned by the Client or properly licensed, indemnifying Kite Theory against third-party copyright claims.

The exact number and scope of revision rounds will be discussed and agreed upon at the beginning of each project order or Statement of Work, and both parties shall adhere to these agreed parameters.

Similarly, any additional revisions or project expansions requested beyond the initially agreed scope will be billed at an hourly rate discussed and agreed upon at the commencement of the order.

For custom website development, Kite Theory provides a 30-day post-launch warranty starting from the date of production launch. During this period, we will address any defects or functional bugs related directly to the delivered code at no additional cost.

This warranty does not cover issues introduced by third-party plugin updates, client self-editing, hosting server outages, or external API modifications.

To the fullest extent permitted by applicable law, in no event shall Kite Theory, its officers, contractors, or partners be liable for any indirect, incidental, special, punitive, or consequential damages (including loss of profits, revenue, or business interruption).

Kite Theory's total aggregate liability arising out of or related to any project engagement shall not exceed the total fees paid by the Client to Kite Theory in the preceding three (3) months under the applicable SOW.

Either party may terminate an active agreement upon 14 calendar days written notice. In the event of early cancellation, the Client shall pay for all billable hours worked, milestones completed, and non-refundable vendor commitments up to the effective termination date.

All formal notices, contract questions, or inquiries regarding these Terms should be sent to: