Terms of Service.

Effective Date: June 24, 2026 · Revised: August 27, 2026 · grimgringraphics.com

Welcome to grimgringraphics.com. These Terms of Service ("Terms") constitute a binding legal agreement between you ("Client," "you," or "your") and Grim Grin Graphics LLC, a Kentucky limited liability company ("Grim Grin Graphics," "the Firm," "we," "us," or "our"). By accessing this website, requesting a proposal, or engaging the Firm for any service, you acknowledge that you have read, understood, and agree to be bound by the operational and legal standards set forth below. If you do not agree, you must not use this site or engage our services. We believe in strategy before a single pixel — and in contractual clarity before a single invoice.

1. Commercial Architecture, Financial Terms & Retention

Our financial architecture is tiered and strictly defined according to the organizational scale of the Client. The applicable pathway is determined by the Client's gross annual revenue and is binding once an engagement commences.

1.1 Small Business Framework

Accounts generating less than $50,000 USD in gross annual revenue may engage the Firm under any one of the following structures: standard hourly billing at the rate of $44.00 per hour, or $54.00 per hour for expedited or rush timelines; a fixed monthly retainer agreement; or a defined per-project Scope of Work ("SOW"). The selected structure will be memorialized in the governing engagement document prior to commencement.

1.2 Mid-Market & Enterprise Framework

Corporate accounts generating $50,000 USD or greater in gross annual revenue are strictly restricted to either a dedicated monthly retainer agreement or a per-project SOW. Hourly billing is not available to accounts within this tier. A mandatory, non-refundable mobilization deposit equal to twenty-five percent (25%) of the total engagement value is required and must clear prior to the commencement of any line-work, production, or design implementation. No work product is scheduled, reserved, or initiated until the mobilization deposit has been received in full.

1.3 General Invoice Mechanics

Payment is immediately due upon issuance of an invoice for services rendered, design implementations, or tangible and digital goods sold. For the avoidance of doubt and with absolute legal finality, the Firm does not accept, offer, or honor Net 30 — or any other deferred — billing cycle under any circumstances. Failure to settle any invoice immediately upon issuance constitutes a material breach and grants the Firm the immediate and unilateral right to suspend all active project environments, withhold deliverables, and revoke any temporary usage licenses previously extended, without prior notice and without waiver of any other remedy available at law or equity.

2. Package Pricing & Retainer Subscription Agreement

This section governs all flat-rate packages and month-to-month design retainer subscriptions purchased through this website. By selecting a retainer tier and completing checkout, you affirmatively agree to these terms. This section is drafted to comply with Kentucky's Automatic Renewal Law, KRS 365.402.

2.1 Flat-Rate Packages

Services are offered as flat-rate packages at the tiers and prices published on our Pricing page. Each package is bounded by the scope stated at the time of purchase and includes two (2) revision rounds. Additional revisions, added scope, and out-of-scope requests are billed separately. Rush turnaround, where accepted, adds twenty-five percent (25%) to the package price. Estimates produced by the on-site quote builder are informational only; the final quote is confirmed in the governing engagement document.

2.2 Retainer Tiers & Scope of Services

Retainer subscriptions are month-to-month continuous service offers. The scope of each tier is strictly bounded as follows:

• Essentials ($600/month): Up to twenty-two (22) hours of work per billing cycle within a predetermined written scope, generally focused on static graphics and social content. Standard 72-hour target turnaround and one (1) monthly check-in.
• Growth ($950/month): Up to thirty-five (35) hours of work per billing cycle within a predetermined written scope, which may include static graphics, social content, documents, carousels, and ad creative. 48-to-72-hour target turnaround and up to two (2) monthly check-ins.
• Scale ($1,500/month): Up to fifty-five (55) hours of work per billing cycle within a predetermined written scope, which may include lower-tier formats plus short-form video and motion graphics. Priority 24-to-48-hour target turnaround and weekly check-ins.

2.3 Hour Tracking, Scope & Expiration

Retainer hours cover only the services and priorities defined in the written monthly scope. Time is tracked against the applicable monthly cap, including agreed revisions, production, project communication, and file preparation. Unused hours do not roll over and are not eligible for credits, offsets, or partial refunds. Work outside the written scope or beyond the monthly cap begins only after written Client approval of the revised scope, schedule, and any additional fee.

2.4 Automatic Renewal & Billing Disclosures (KRS 365.402)

• Automatic Continuous Service: Your subscription renews automatically each month on the anniversary of your initial signup and continues until cancelled.
• Recurring Authorization: By completing checkout you expressly authorize Grim Grin Graphics LLC, through its payment processor Stripe, to charge your credit card, debit card, or designated payment method on file for the full tier amount ($600, $950, or $1,500) plus any applicable taxes, on a recurring monthly basis, until you cancel.
• Post-Purchase Acknowledgment: Following signup you will receive a retainable digital acknowledgment by email containing your recurring cost, these offer terms, and cancellation instructions.
• Notice of Material Changes: If we materially change the terms or price of your subscription, we will provide clear and conspicuous written notice to your email on file at least fifteen (15) days before the change takes effect, together with information on how to cancel, in a form you can retain.

2.5 Turnaround Times, Queues & Client Delays

Turnaround windows apply to business days only (Monday through Friday, excluding federal holidays) and commence when the Client has submitted a complete creative brief containing all copy, assets, and direction. Requests are processed sequentially through a single queue unless otherwise agreed in writing. The Firm is under no obligation to extend hour caps or provide billing offsets where Client delays in supplying assets, feedback, or approvals prevent full consumption of a monthly allocation.

2.5.1 Scheduled Meetings, No-Shows & Late Reschedules

• Applies To: This subsection applies only to engagements entered into on or after August 27, 2026. Agreements executed before that date are governed by their own terms and are not affected unless separately amended in writing.
• Scope: Scheduled one-hour working meetings with existing Clients. It does not apply to the complimentary 30-minute design review offered to prospective clients, which carries no fee and no charge of any kind.
• No-Show Defined: A Client who has not joined the scheduled video meeting within fifteen (15) minutes of the scheduled start time is recorded as a no-show and the meeting is released.
• Late Reschedule: A cancellation or reschedule request received less than twenty-four (24) hours before the scheduled start time is treated as a no-show under this subsection. Requests received twenty-four (24) hours or more in advance carry no charge.
• Consequence — Hourly Clients: One (1) hour is billed at the Client's agreed hourly rate. Where no hourly rate is separately agreed in writing, the Firm's standard rate of $44.00 per hour applies.
• Consequence — Retainer & Subscription Clients: One (1) hour is deducted from the Client's monthly allocation. No separate invoice is issued and no additional amount is charged.
• One Waived Occurrence: Each Client's first no-show or late reschedule in any rolling twelve (12) month period is waived. The waiver is applied automatically and requires no request.
• Firm Delay: No charge or deduction applies where the Firm fails to join within fifteen (15) minutes, or where the meeting cannot proceed because of a Firm-side scheduling, platform, or connectivity failure.
• Discretion: The Firm may waive any charge or deduction under this subsection at its sole discretion, including for documented emergencies. Waiver on one occasion is not a waiver of the subsection.

2.6 Cancellation

• Notice Window: To stop automatic renewal, submit your cancellation at least fifteen (15) calendar days before your next monthly renewal date. Notice received inside that window takes effect at the end of the following billing cycle; service remains active through the final paid period.
• Cancel Online: Because subscriptions are accepted online, you may cancel exclusively online, per KRS 365.402(3), by either method: (a) the Stripe-hosted billing management link included in your acknowledgment and receipt emails, or (b) our pre-formatted cancellation email — sending it as-is is sufficient notice, no additional information required.
• Effect of Cancellation: Cancellation stops future renewals only. It does not trigger refunds of amounts already charged, and unused hours in the final cycle expire per Section 2.3.

2.7 No-Refund & Chargeback Policy

All subscription payments are non-refundable, including where you cancel mid-cycle or do not consume your full hour allocation. Bad-faith chargebacks initiated without first contacting the Firm to resolve the billing matter will result in immediate termination of the subscription and an administrative fee of $250 to the extent permitted by law.

2.8 Spot Reservation & Availability Caps

Each retainer tier is capped at five (5) active client spots to protect turnaround commitments. If your payment fails and a valid payment method is not provided within forty-eight (48) hours, your tier spot may be released to the waitlist.

2.9 Intellectual Property Within Subscriptions

Ownership of final, approved deliverables transfers to the Client upon clearance of the monthly invoice covering them, consistent with Section 3. The Firm retains a perpetual, non-exclusive right to display work created under a subscription in its portfolio, case studies, website, and social media for promotional purposes, subject to any confidentiality terms in the governing engagement document.

2.10 Governing Law & Disputes

This section is governed by the laws of the Commonwealth of Kentucky without regard to conflict-of-laws principles. Any dispute arising from a package or subscription is subject to the dispute-resolution protocol in Section 5, including mandatory binding individual arbitration venued in Versailles, Kentucky (Woodford County).

Limited Tool Assistance. The Firm may use approved production tools sparingly for repetitive or administrative tasks to improve speed and remain competitive. Creative direction, design decisions, composition, illustration, and final design execution remain human-led and completed by hand. Client materials are not used to train public models, and confidential information is not entered into unapproved systems.

3. Intellectual Property, Proprietary Systems & Fair Use Disclaimer

The protection of Firm intellectual property is a material term of every engagement.

• Firm IP: All source files, working files, custom typography structures and type-setting systems, node layouts, proprietary vector engines, component libraries, UX/UI blueprints, structural website content, custom graphics, and proprietary visual systems — whether displayed on this site or developed in the course of an engagement — remain the sole and exclusive property of Grim Grin Graphics LLC until the final invoice for the applicable engagement has cleared in full. No license, title, or transferable right of any kind passes to the Client prior to full payment clearance.
• Fair Use & Fan Art Disclaimer: Any transformative fan-made or fan-inspired materials presented within the Firm's portfolio exist strictly as illustrative demonstrations of design capability under applicable Fair Use guidelines. Such materials are created solely for personal and portfolio purposes. No commercial exploitation, sale, licensing right, sponsorship, endorsement, or affiliation with any parent copyright owner, trademark holder, or rights holder is implied or should be inferred. All referenced intellectual property belongs entirely to its respective rights holders.

4. Data Protection, Vaulting & Intellectual Security

Taking the nightmare out of graphic design means protecting your business assets with the same rigor we apply to our craft.

• Approved Systems Only: Client-provided data, proprietary assets, vectors, brand manuals, and strategy materials are handled only in Firm-approved systems appropriate to the engagement. Confidential information is not placed in unapproved services or used to train public models.
• Strict Isolation: Client files are never shared with, repurposed for, or exposed to any other client.
• Asset Destruction: Upon formal completion of the working agreement or termination of the engagement, an automated system process will permanently and irreversibly delete all local and server-side production files pertaining to the Client's project.
• Long-Term Vaulting: Long-term archival "vaulting" of brand files is offered exclusively as a premium service and is provided only to active, retained corporate partners in good standing. Absent an active retainer, no archival copy is maintained following Asset Destruction.

5. Jurisdictional Indemnification & Mandatory Arbitration

The parties intend that all disputes be resolved efficiently, privately, and individually. By using this site and engaging our services, you expressly agree to the following dispute-resolution protocol, governed by the laws of the Commonwealth of Kentucky without regard to its conflict-of-laws principles.

• Mandatory Binding Individual Arbitration: Any and all disputes, claims, controversies, material breaches, or disagreements regarding the interpretation of these Terms or the services rendered shall be resolved exclusively through final and binding individual arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction.
• Kentucky Venue: The physical venue for all arbitration proceedings and panels is strictly and exclusively mandated to be Versailles, Kentucky (Woodford County).
• Waiver of Jury Trial: You expressly and irrevocably waive any and all right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to these Terms or the Firm's services.
• Class Action Waiver: You expressly agree that all claims shall be brought in your individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.
• Liability Ceiling & Exclusions: To the maximum extent permitted by law, the Firm's aggregate liability shall not exceed the total fees actually paid by the Client for the specific engagement giving rise to the claim. The liability ceiling strictly excludes, and the Firm shall under no circumstances be liable for, consequential, incidental, indirect, or special damages; third-party attorney fees; statutory legal fees; or punitive or exemplary damages or multipliers of any kind.

6. System Availability & Digital Limitation of Liability

All digital properties, deliverables, and services are provided strictly on an "as-is" and "as-available" basis, without warranty of any kind, whether express or implied, including without limitation any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. While the Firm utilizes secure servers and routing protocols, it does not warrant or guarantee uninterrupted, error-free, or continuously available access.

To the maximum extent permitted by law, the Firm shall not be liable for any damages, losses, or interruptions arising from distributed denial-of-service (DDoS) impacts, network routing anomalies, server downtime, hosting-provider failures, third-party packet interception on public or unsecured networks, or the unauthorized interception of personal information transmitted over such networks. Your use of any digital property provided by the Firm is undertaken at your own risk.