[01] OVERVIEW
These Terms of Use (“Terms”) govern access to and use of workwithkellys.fun and any connected Kelsdsgn systems operated independently by Kelly under the Kelsdsgn name.
Connected systems may include:
workwithkellys.fun
contact.workwithkellys.fun
inquiry and onboarding systems
waitlists or newsletter systems
other project-related or communication systems operated by Kelsdsgn
By accessing or using any Kelsdsgn platform, you acknowledge and agree to these Terms.
[02] INTELLECTUAL PROPERTY
Unless otherwise stated, all original content published across Kelsdsgn platforms remains the intellectual property of Kelsdsgn.
This includes branding systems, logos, layouts, written content, visual assets, graphics, website elements, project presentations, creative direction materials, and other original creative works published under the Kelsdsgn name.
Users may not reproduce, redistribute, republish, resell, commercially exploit, archive at scale, scrape, harvest, or modify any Kelsdsgn content without prior written permission.
Third-party content embedded throughout Kelsdsgn platforms, including Spotify embeds, Giphy content, and externally hosted assets, remains the property of its respective owners.
[03] ACCEPTABLE USE
Users agree not to misuse Kelsdsgn platforms or systems, interfere with website functionality, distribute malicious code, impersonate another individual, abuse communication systems, attempt unauthorized access, or reproduce protected content without permission.
Kelsdsgn reserves the right to restrict, suspend, or terminate access to its platforms or communication systems for violations of these Terms or behavior considered harmful, abusive, disruptive, fraudulent, or inappropriate.
[04] PROJECTS & SERVICES
Submitting an inquiry, joining a waitlist, or communicating with Kelsdsgn does not guarantee acceptance, availability, or project booking.
All projects remain subject to availability, payment confirmation, timeline agreement, and project scope review.
Kelsdsgn reserves the right to decline inquiries, pause projects, discontinue communication, or terminate working relationships where necessary.
[05] PAYMENTS, REVISIONS & PROJECT SCOPE
Projects may require deposits, milestone payments, partial upfront payment, or full payment before final delivery.
Final files, exports, website handoff materials, or release-ready deliverables may be withheld until outstanding balances are fully paid.
Unless otherwise agreed in writing, revisions are limited according to the approved project scope. Additional revisions, expanded requests, or major direction changes outside the agreed scope may require additional fees, revised timelines, or an updated agreement.
Kelsdsgn reserves the right to decline excessive, unreasonable, abusive, or repeatedly conflicting revision requests.
[06] LATE FEES & ABANDONED PROJECTS
Certain projects may include late payment fees or overdue balances as outlined in invoices, onboarding agreements, or project documentation.
Unless otherwise stated, overdue fees may apply on business days only.
Projects that remain inactive for an extended period due to missing communication, delayed client responses, unpaid balances, or abandoned revisions may be paused or closed at Kelsdsgn’s discretion.
Reactivating an inactive project may require an updated timeline, additional fees, or complete rebooking depending on the project status.
[07] THIRD-PARTY SERVICES & PLATFORMS
Kelsdsgn platforms may rely on third-party providers and tools including Framer, Resend, Google Analytics, Cloudinary, Spotify embeds, Giphy, Google Drive, Dropbox, pCloud, WeTransfer, and other related services.
Kelsdsgn is not responsible for third-party outages, hosting failures, account limitations, platform restrictions, subscription interruptions, embedded content behavior, data loss, or external privacy practices associated with these services.
For website-related projects, clients remain responsible for maintaining any third-party subscriptions, publishing accounts, hosting services, or platform renewals associated with their own projects.
[08] FILE DELIVERY & STORAGE
Project files and deliverables may be delivered through cloud-storage providers, shared-drive systems, or temporary file-transfer services.
Clients are responsible for downloading, backing up, and maintaining their own copies of delivered files after project completion.
Unless otherwise agreed in writing, Kelsdsgn is not responsible for indefinite file hosting or long-term storage of completed project files.
[09] FORCE MAJEURE
Kelsdsgn shall not be held responsible for delays, interruptions, outages, or inability to provide services caused by circumstances beyond reasonable control, including internet outages, third-party platform downtime, technical failures, natural disasters, governmental actions, labor interruptions, cyber incidents, or other unexpected operational disruptions.
[10] DISCLAIMERS
All Kelsdsgn platforms, services, and content are provided on an “as-is” and “as-available” basis.
Kelsdsgn does not guarantee uninterrupted website availability, compatibility across all devices, error-free functionality, or uninterrupted third-party services.
Creative services are subjective in nature, and outcomes may vary depending on collaboration, communication, implementation, project direction, and other external factors.
[11] LIMITATION OF LIABILITY
To the fullest extent permitted under applicable law, Kelsdsgn shall not be liable for indirect damages, loss of data, business interruption, delayed communications, website outages, third-party platform failures, file loss, or interruptions associated with connected services.
Users access and use Kelsdsgn platforms at their own discretion and risk.
[12] MODIFICATIONS TO TERMS
Kelsdsgn reserves the right to modify or update these Terms at any time.
When changes are made, the updated version will be published on this website with a revised “Last updated” date.
Continued use of Kelsdsgn platforms after updates are published constitutes acceptance of the revised Terms.
[13] CONTACT
Questions regarding these Terms of Use may be submitted through the official Kelsdsgn contact channels available on workwithkellys.fun.