Last updated: April 24, 2026
These Terms of Service govern your access to and use of alwaysup.studio and any related services, content, features, products, or communications provided by Always Up Studio (“we,” “us,” or “our”). By accessing or using the site, you agree to be bound by these Terms. If you do not agree, do not use the site.
1. Eligibility
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use our site or purchase our services unless a parent or legal guardian consents on your behalf. By using the site, you represent that you have the legal authority to enter into this agreement.
2. Our Services
We may provide creative, design, studio, consulting, digital, or other services as described on the site, in proposals, invoices, statements of work, or other written materials. We may update, change, suspend, or discontinue any part of the site or services at any time without prior notice.
3. Accounts and Information
If you create an account, submit a project inquiry, or provide other information to us, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us promptly if you suspect unauthorized access.
4. Acceptable Use
You agree not to use the site or services to:
- Violate any law or regulation.
- Infringe intellectual property or other rights.
- Submit false, misleading, defamatory, or harmful content.
- Attempt to gain unauthorized access to systems or data.
- Disrupt, damage, or overload the site or our services.
- Use the site for spam, scams, phishing, malware, or abusive conduct.
We may suspend or terminate access for any violation of these Terms.
5. Quotes, Orders, and Payment
Any quote, proposal, or estimate we provide is valid only for the period stated in the proposal or, if no period is stated, for 30 days. Prices may change before a project begins, and additional work outside the agreed scope may incur extra fees. Unless otherwise stated in writing, payment is due according to the invoice terms we provide.
Late payments may result in project delays, suspension of services, collection costs, or interest to the extent permitted by law. You are responsible for any taxes associated with your purchase, except taxes based on our income.
6. Cancellations and Refunds
Because our work may involve time, planning, and custom deliverables, cancellations and refunds are handled according to the applicable proposal, statement of work, invoice, or written agreement. If no refund policy is stated, payments already made are non-refundable to the extent allowed by law. We may cancel a project at our discretion if required by legal, ethical, operational, or safety concerns.
7. Intellectual Property
The site, including its text, graphics, logos, images, designs, code, and other materials, is owned by us or our licensors and is protected by intellectual property laws. You may not copy, reproduce, modify, distribute, display, or create derivative works from our content without our prior written consent, except for personal, non-commercial viewing of the site.
Unless otherwise agreed in writing, we retain ownership of our pre-existing materials, concepts, tools, methods, templates, and know-how used in connection with a project. Upon full payment, you will receive the rights to the final deliverables only as specified in the applicable agreement.
8. Client Materials
If you provide us with logos, images, copy, files, trademarks, or other materials, you represent that you have the right to provide those materials and that they do not infringe any third-party rights. You grant us a limited license to use client materials solely to perform the requested services.
9. Third-Party Services
Our site or services may link to or integrate with third-party websites, software, platforms, or services. We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party services is subject to their own terms and policies.
10. Disclaimers
The site and services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the site will be uninterrupted, secure, error-free, or free of harmful components.
11. Limitation of Liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising from or related to your use of the site or services. Our total liability for any claim arising out of or relating to the site or services will not exceed the amount you paid us for the specific service giving rise to the claim in the 12 months before the event.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless Always Up Studio, its owners, employees, contractors, and affiliates from and against any claims, damages, liabilities, losses, costs, and expenses arising from your use of the site or services, your violation of these Terms, or your infringement of any rights of another person or entity.
13. Termination
We may suspend or terminate your access to the site or services at any time, with or without notice, if we believe you have violated these Terms or if termination is necessary to protect our business, users, or systems. Sections that by their nature should survive termination, including intellectual property, payment obligations, disclaimers, limitation of liability, indemnification, and governing law, will survive.
14. Privacy
Your use of the site is also subject to our Privacy Policy, which explains how we collect, use, and protect personal information. If there is any conflict between these Terms and the Privacy Policy regarding personal data, the Privacy Policy controls on privacy-specific matters.
15. Changes to These Terms
We may update these Terms from time to time. The revised version will be posted on this page with an updated “Last updated” date. Your continued use of the site after changes become effective means you accept the revised Terms.
16. Governing Law
These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles. Any dispute arising from these Terms or the services will be brought in the state or federal courts located in Tennessee, unless the parties agree to another resolution process in writing.
17. Contact
If you have questions about these Terms, contact us at:
Always Up Studio
tos [at] alwaysup [dot] studio