Terms of Service

Welcome to Earnest, the business management platform operated by Hue Studios LLC — bringing your clients, projects, invoicing, marketing, and AI assistance together in one place. These Terms of Service ("Terms") govern your access to and use of Earnest and our companion app CardDesk, including any associated services, features, and content (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Eligibility

To use the Service, you must:

• Be at least 18 years old
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law
• If you choose to connect a third-party account (see Section 3), hold a valid account on that platform and have the authority to connect it

By using the Service, you represent and warrant that you meet these eligibility requirements.

2. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or abusive behavior.

3. Third-Party Platform Connections

The Service can optionally connect to third-party accounts on your behalf — social platforms (such as Instagram, Facebook, LinkedIn, TikTok, and Threads) and payment processing (Stripe), among others. Connecting any of them is entirely optional, and the Service works without them. By connecting an account, you:

• Authorize us to access that account using OAuth tokens to perform actions on your behalf — for example publishing content you schedule, or retrieving analytics
• Represent that you have the authority to grant such access and that doing so does not violate any agreement with the third-party platform
• Acknowledge that your use of third-party platforms remains subject to their respective terms of service and policies
• Understand that we are not responsible for the availability, accuracy, or functionality of third-party platforms

You may disconnect your third-party accounts at any time through the Service's integration settings or directly through the respective platform.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Post, upload, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringe on any intellectual property rights of others
• Spread malware, viruses, or other malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers connected to the Service
• Use automated means to access the Service without our permission
• Engage in spamming, phishing, or other deceptive practices
• Violate the terms of service of connected third-party platforms
• Use the Service for any illegal or unauthorized purpose

We reserve the right to remove content and suspend or terminate accounts that violate these guidelines.

5. Content and Intellectual Property

5.1 Your Content

You retain ownership of all content you create, upload, or publish through the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive, royalty-free license to use, store, and process Your Content solely to provide and improve the Service.

You represent and warrant that you have all necessary rights to Your Content and that Your Content does not infringe on the rights of any third party.

5.2 Our Content

The Service, including its design, features, and underlying technology, is owned by Hue Studios LLC and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our prior written consent.

6. Fees and Payment

Certain features of the Service may require payment. By subscribing to a paid plan, you agree to:

• Pay all applicable fees as described at the time of purchase
• Provide accurate billing information
• Authorize us to charge your payment method for recurring subscriptions

Except as described under “Refunds and cancellations” below, or as required by law, fees are non-refundable. We reserve the right to change our pricing with reasonable notice.

Refunds and cancellations

Subscriptions. You can cancel your plan at any time from Organization → Billing. Cancellation takes effect at the end of your current billing period: you keep access until then, and we do not prorate or refund the remainder of a period you have already paid for.

Add-ons. Removing an add-on takes effect immediately and stops any future billing for it. Add-ons are billed monthly and we do not prorate or refund the current month.

AI tokens. Token top-ups are prepaid. If you need a refund, an organization owner or admin can request one from Organization → AI & Tokens. When we refund a token purchase, the tokens from that purchase are removed from your organization’s balance; if you have already spent some of them, your balance is reduced to zero rather than going negative. Refunds are returned to the original payment method and typically post within 5–10 business days, depending on your bank.

Payments you collect from your own clients. Invoices you issue to your clients through Earnest are agreements between you and that client. You issue any refunds for them from your own connected Stripe account, under your own refund terms — Earnest is not a party to those transactions.

Your legal rights. Nothing in this section limits any refund or cancellation rights you may have under applicable law.

7. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Third-party platforms will remain available or compatible with our Service
• Any defects in the Service will be corrected

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUE STUDIOS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Our total liability for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Hue Studios LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit, post, or transmit through the Service

10. Termination

You may terminate your account at any time by contacting us or using the account deletion feature in the Service.

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, including if we believe you have violated these Terms.

Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination (including ownership, disclaimers, indemnification, and limitations of liability) shall survive.

11. Dispute Resolution

Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration in Miami-Dade County, Florida, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding.

You agree to waive any right to a jury trial or to participate in a class action. This arbitration agreement shall survive termination of these Terms.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also provide additional notice such as an email notification.

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

14. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Hue Studios LLC regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any failure or delay resulting from circumstances beyond our reasonable control.

15. Contact Us

If you have any questions about these Terms, please contact us: