Effective Date: February 26, 2025
Last Updated: April 13, 2026
1. acceptance of terms
These Terms of Service govern access to and use of the website and services provided by A Brand Above Inc.
By accessing this website or engaging A Brand Above Inc for services, you agree to be bound by these Terms of Service.
If you do not agree, you may not use this website or engage services.
Acceptance may occur through written, electronic, or implied conduct, including but not limited to approval of proposals, payment of invoices, email confirmation, or continued use of services.
2. company information
A Brand Above Inc is a business and brand architecture studio providing strategic, creative, and operational services to businesses.
All services are delivered under individual proposals, estimates, or statements of work, which form part of these Terms.
3. scope of services
All services are limited to the scope defined in the approved proposal or agreement.
Any work requested outside of the defined scope will be considered additional work and may be quoted separately.
A revision is defined as a modification to an existing deliverable. New work, expanded direction, or additional deliverables are not considered revisions.
4. engagement and performance
A Brand Above Inc will perform services in a professional and commercially reasonable manner consistent with industry standards.
Client acknowledges that services involve creative, strategic, and technical interpretation and may evolve as work progresses.
5. client responsibilities
The client agrees to provide accurate, complete, and timely information, supply all required materials, access, and approvals, and respond to requests for feedback within a reasonable timeframe.
Delays caused by the client may result in timeline extensions, reallocation of resources, and additional costs.
Client is responsible for final review and approval of all deliverables prior to use or publication.
6. payment terms
A 50 percent deposit is required to initiate work unless otherwise specified.
The remaining balance is due upon completion or as defined in the applicable agreement.
All payments are due according to the terms stated in the applicable invoice or agreement. Late payments may be subject to interest at the maximum rate permitted by law.
A Brand Above Inc reserves the right to suspend work, withhold deliverables, revoke licenses, or terminate services in the event of non-payment.
Client is responsible for all reasonable costs of collection, including legal fees, if payment enforcement becomes necessary.
7. cancellations, termination, and abandonment
Deposits are non-refundable.
The client may cancel an engagement at any time in writing. In such cases, all payments made are forfeited and any work completed will be billed.
A Brand Above Inc may terminate an engagement at its discretion upon written notice. In such cases, a partial refund may be issued based on work completed, less any non-recoverable costs.
If the client becomes unresponsive for a period exceeding 30 days, the project will be considered abandoned. All payments are forfeited and ownership of all work remains with A Brand Above Inc.
Upon termination, all outstanding balances become immediately due and payable.
Termination does not relieve the client of any payment obligations accrued prior to termination.
8. timelines
All timelines are estimates and depend on timely communication, feedback, and delivery of required materials.
A Brand Above Inc is not responsible for delays caused by the client, third parties, or external dependencies.
Project timelines may be adjusted at the sole discretion of A Brand Above Inc to reflect actual project conditions.
9. intellectual property and ownership
All work, including concepts, drafts, working files, and final deliverables, remains the property of A Brand Above Inc until full payment is received.
Upon full payment, ownership of approved final deliverables transfers to the client, except for any underlying tools, frameworks, methodologies, processes, code libraries, templates, or pre-existing intellectual property, which remain the sole property of A Brand Above Inc.
Unless otherwise agreed in writing, transfer of ownership grants the client a non-exclusive, perpetual license to use the deliverables for their intended business purposes.
A Brand Above Inc retains the right to display and promote completed work for portfolio, marketing, and promotional purposes.
10. website and content use
All content on this website, including text, graphics, branding, design, and intellectual property, is owned by A Brand Above Inc or its licensors.
You may not reproduce, distribute, modify, or use any content without prior written consent.
You agree not to use this website for any unlawful, fraudulent, or prohibited purpose.
11. third-party services
Services may involve third-party platforms, tools, vendors, or providers.
A Brand Above Inc is not responsible for the performance, availability, security, or policies of third-party services.
Client acknowledges that third-party services are subject to their own terms and conditions.
Any third-party costs are not included unless explicitly stated and are the responsibility of the client.
12. client-provided materials
The client is solely responsible for all materials, content, data, and assets provided.
The client represents and warrants that it has the legal right to use all materials supplied.
The client agrees to indemnify A Brand Above Inc against any claims arising from such materials.
A Brand Above Inc is not liable for any claims, damages, or legal issues arising from client-provided content.
13. no guarantee of results
A Brand Above Inc provides services based on professional expertise.
No guarantees are made regarding business outcomes, performance, rankings, visibility, revenue, or results of any kind.
14. limitation of liability
To the fullest extent permitted by law, A Brand Above Inc shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, even if advised of the possibility of such damages.
Total cumulative liability for any claim arising out of or relating to these Terms or services shall not exceed the total fees actually paid by the client to A Brand Above Inc for the specific services giving rise to the claim.
The limitations set forth in this section apply regardless of the legal theory asserted.
15. indemnification
The client agrees to indemnify, defend, and hold harmless A Brand Above Inc, its officers, employees, contractors, and affiliates from any claims, damages, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising from or related to client-provided materials, misuse of deliverables, violation of applicable laws, or breach of these Terms.
16. confidentiality
Both parties agree to maintain the confidentiality of any non-public, proprietary, or sensitive information disclosed during the engagement.
Confidential information shall not be disclosed to any third party without prior written consent, except as required by law.
This obligation survives termination of the engagement.
17. force majeure
A Brand Above Inc shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet outages, technical failures, governmental actions, or interruptions in services.
18. governing law and dispute resolution
These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms or services shall first be submitted to good faith mediation in Colorado.
If the dispute is not resolved through mediation, it shall be resolved by binding arbitration administered by a recognized arbitration provider in Colorado.
Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Each party agrees to resolve disputes on an individual basis.
Class actions, collective actions, and representative proceedings are expressly waived.
19. modifications
A Brand Above Inc reserves the right to update these Terms of Service at any time.
Updates become effective upon posting to the website.
Continued use of the website or services constitutes acceptance of any modifications.
20. entire agreement
These Terms, together with any approved proposal, estimate, statement of work, or written agreement, constitute the entire agreement between the parties and supersede all prior discussions or understandings.
21. independent contractor relationship
A Brand Above Inc is an independent contractor.
Nothing in these Terms shall be construed to create any partnership, joint venture, agency, or employment relationship between the parties.
22. assignment
The client may not assign, transfer, or delegate any rights or obligations under these Terms without prior written consent from A Brand Above Inc.
A Brand Above Inc may assign its rights and obligations without restriction.
23. warranty disclaimer
All services and deliverables are provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, A Brand Above Inc disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
24. waiver and severability
Failure by A Brand Above Inc to enforce any provision of these Terms shall not constitute a waiver of that provision.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
25. survival
The following sections shall survive termination or expiration of these Terms: payment terms, intellectual property and ownership, limitation of liability, indemnification, confidentiality, governing law and dispute resolution, warranty disclaimer, waiver and severability, and any other provisions that by their nature should survive.
26. electronic communications and signatures
The parties agree that electronic communications, approvals, and signatures, including email confirmations, digital signatures, and acceptance through online systems, are legally binding and enforceable.
