BRAND CLARITY CHECK TERMS
Effective Date: Jan 1st, 2026
SECTION 1 — OVERVIEW
These Brand Clarity Check Terms ("BCC Terms") govern access to and use of the Brand Clarity Check, a free brand assessment tool offered by Newton LLC ("The Newton Agency," "TNA"). By accessing or completing the Brand Clarity Check, the user ("User") agrees to these BCC Terms.
SECTION 2 — NATURE OF THE SERVICE
The Brand Clarity Check is a free, automated brand assessment. The User answers a set of questions and receives a Founder Readiness Score and a summary of observations and recommended next steps ("Brand Read"). The Brand Read is informational and advisory only. It is not a full brand strategy, a guarantee of results, or a substitute for professional consultation.
SECTION 3 — NO GUARANTEE OF RESULTS
The Brand Read provides general observations and direction. TNA does not guarantee any specific business, revenue, marketing, or performance outcome. Any action taken based on the Brand Read is the User's sole responsibility.
SECTION 4 — INTELLECTUAL PROPERTY
The Brand Clarity Check, including its questions, scoring system, structure, logic, prompts, framework, output format, and the assessment portal itself, is the exclusive intellectual property of The Newton Agency.
The User may not copy, reproduce, screenshot for redistribution, scrape, extract, resell, republish, license, or repurpose the Brand Clarity Check questions, scoring methodology, framework, or portal, in whole or in part. The User may not use the Brand Clarity Check, or any part of it, to build, train, benchmark, or operate a competing tool, product, or service.
The User's own Brand Read output is provided for the User's personal use in evaluating and building their own brand. No rights to TNA's underlying framework or system are granted by implication.
SECTION 5 — SINGLE USER, ONE BRAND & FAIR USE
The Brand Clarity Check is intended for genuine founders and brand owners assessing their own brand, one brand per submission. Users may not input multiple brands through a single submission or account, and may not use the tool to assess brands on behalf of third parties as a service.
Automated access, bulk or repeated submissions designed to extract content, credential sharing, and scraping are prohibited. TNA may limit, suspend, or block any access it reasonably believes is automated, abusive, multi-brand, or intended to extract or replicate the tool.
SECTION 6 — CONFIDENTIALITY OF THE USER'S INFORMATION
Information the User submits through the Brand Clarity Check is treated as confidential and is used to generate the Brand Read, to improve TNA's services, and, where the User opts in, to follow up about relevant TNA offerings. TNA does not sell the User's submitted information or disclose it to unrelated third parties for their own marketing. Information may be processed within TNA's systems and tools, including automation and AI-assisted tools, solely to operate and improve the service.
SECTION 7 — DATA, COMMUNICATIONS & SUBSCRIBER LIST
By completing the Brand Clarity Check and submitting their contact information, the User agrees to be added to The Newton Agency's email and subscriber list. The User consents to TNA storing their responses and contact information and contacting them about their Brand Read, TNA services, availability, offers, updates, and related content.
The User may unsubscribe from marketing communications at any time using the opt-out link included in TNA's emails. Unsubscribing does not affect the User's Brand Read.
SECTION 8 — LIMITATION OF LIABILITY
TNA provides the Brand Clarity Check "as is." TNA's liability arising from the free Brand Clarity Check is limited to the maximum extent permitted by law.
SECTION 9 — GOVERNING LAW
These BCC Terms are governed by the laws of Wyoming. Disputes will be resolved through binding arbitration in Wyoming.
SECTION 10 — ACCEPTANCE
By accessing or completing the Brand Clarity Check, the User acknowledges they have read and agree to these BCC Terms.
GUIDED BRAND STRATEGY (GBS) TERMS
Effective Date: Jan 1st, 2026
SECTION 1 — OVERVIEW & SCOPE
These Guided Brand Strategy Terms ("GBS Terms") govern the purchase and use of the Guided Brand Strategy product ("GBS") offered by Newton LLC ("The Newton Agency," "TNA"). GBS is a separate product from the DesignFlow subscription and is governed by these GBS Terms. By purchasing or using GBS, the Client agrees to be bound by these GBS Terms.
SECTION 2 — NATURE OF THE SERVICE
GBS is a one-time, guided brand strategy interview delivered through TNA's proprietary workspace. The Client answers a structured set of questions, by voice or in writing, and may upload supporting materials. TNA reviews the Client's answers and produces a written brand strategy summary ("Strategic Foundation").
GBS is a strategic and advisory deliverable only. It does not include logo design, brand identity, visual assets, websites, or any execution or production work.
SECTION 3 — PAYMENT
GBS is a one-time purchase of $499 USD, billed through Stripe at the time of purchase. All GBS payments are non-refundable, non-exchangeable, and non-transferable, because GBS is custom digital and creative work that begins upon purchase.
SECTION 4 — DELIVERY & TIMELINE
To receive the Strategic Foundation, the Client must complete the GBS interview. After a completed submission, TNA aims to deliver the Strategic Foundation within approximately 5 to 7 business days. All timelines are estimates and are not guaranteed. The Strategic Foundation is delivered digitally within the workspace.
SECTION 5 — CLIENT RESPONSIBILITIES
The Client agrees to provide honest, accurate, and lawful information. The Client is solely responsible for the accuracy, legality, and ownership of all information, text, recordings, images, and materials submitted, and represents that they hold the rights necessary to submit them.
SECTION 6 — NO GUARANTEE OF RESULTS
GBS provides strategic direction, analysis, and recommendations. TNA does not guarantee any specific business, revenue, sales, marketing, or performance outcome. Implementation of the Strategic Foundation, and any results from it, are the Client's sole responsibility.
SECTION 7 — INTELLECTUAL PROPERTY
The Strategic Foundation created for the Client is licensed to the Client for use in operating, building, and marketing the Client's own brand.
The Guided Brand Strategy framework, the Guided Brand Strategy Field Manual, the interview questions, prompts, section structure, methodology, workspace, and overall process are and remain the exclusive intellectual property of The Newton Agency.
The Client may not copy, reproduce, resell, redistribute, license, publish, or repurpose the GBS framework, manual, questions, structure, or process, in whole or in part, and may not use them to build, train, operate, or assist a competing product or service. No rights are granted by implication.
SECTION 8 — CONFIDENTIALITY (MUTUAL)
TNA keeps the Client's submitted information confidential and uses it only to produce the Strategic Foundation and related services the Client requests. The Client keeps the GBS framework, manual, questions, and workspace confidential and will not disclose or distribute them outside the scope of this engagement.
SECTION 9 — RECORDINGS, UPLOADS & WORKFLOW TOOLS
The Client's voice recordings, written answers, and uploaded materials are processed to produce the Strategic Foundation and may be stored within TNA's systems. TNA may use modern tools and technologies, including automation and AI-assisted tools, within its internal workflow. All final deliverables are reviewed, directed, and finalized by TNA. The use of any tool does not alter ownership, licensing, or payment obligations.
SECTION 10 — WORKSPACE ACCESS
Workspace access is provided so the Client can complete the interview and receive the Strategic Foundation. The Client is responsible for downloading and saving their Strategic Foundation. TNA may archive or remove workspace access and files after 90 days from delivery or after a prolonged period of inactivity.
SECTION 10A — SINGLE USER, SINGLE BRAND & ACCOUNT ACCESS
Each GBS purchase grants access for one individual user and covers one brand only. One purchase equals one workspace, one login, and one brand.
Each additional brand requires its own separate GBS purchase. The Client may not input, develop, or run strategy for more than one brand through a single GBS purchase, workspace, or login.
The Client may not share, sell, transfer, or provide their login credentials or workspace access to any other person, business, or entity, and may not use their GBS access on behalf of third parties.
Access is personal to the purchasing Client. Sharing credentials, running multiple brands through a single purchase, or providing access to others is a material breach and may result in immediate termination of access without refund.
SECTION 11 — RELATIONSHIP TO OTHER SERVICES
GBS is strategy only. Building the Strategic Foundation into brand identity, design, assets, websites, or content is offered separately through DesignFlow or a Full Brand Build engagement, each governed by its own agreement.
SECTION 12 — NO CHARGEBACKS
The Client agrees not to dispute GBS charges through Stripe or any payment processor. A chargeback constitutes a material breach and immediately terminates the license granted to the Strategic Foundation.
SECTION 13 — LIMITATION OF LIABILITY
TNA's total liability under these GBS Terms shall not exceed the amount paid by the Client for GBS.
SECTION 14 — INDEMNIFICATION
The Client agrees to indemnify and hold harmless The Newton Agency from claims arising out of materials, content, or information supplied by the Client.
SECTION 15 — GOVERNING LAW
These GBS Terms are governed by the laws of Wyoming. Disputes will be resolved through binding arbitration in Wyoming.
SECTION 15A — COMMUNICATIONS & SUBSCRIBER LIST
By purchasing GBS or any product or service from The Newton Agency and submitting their contact information, the Client agrees to be added to The Newton Agency's email and subscriber list. The Client consents to TNA contacting them about their purchase, their Strategic Foundation, TNA services, availability, offers, updates, and related content.
The Client may unsubscribe from marketing communications at any time using the opt-out link included in TNA's emails. Unsubscribing from marketing does not affect the delivery of any product or service the Client has purchased, or any transactional or service-related messages necessary to fulfill the purchase.
SECTION 16 — DIGITAL ACCEPTANCE
By purchasing GBS through the website, Stripe, or any digital confirmation, the Client acknowledges they have read and agree to these GBS Terms, which constitute a legally binding agreement.
DESIGNFLOW™ SUBSCRIPTION
MEMBERSHIP AGREEMENT
Effective Date: January 1, 2026
SECTION 1 — OVERVIEW
This DesignFlow Membership Agreement (“Agreement”) governs the relationship between Newton LLC ("The Newton Agency", "TNA", or "Newton Agency") and the subscribing client (“Client”).
By purchasing, subscribing to, or using DesignFlow services, the Client agrees to be bound by the terms of this Agreement.
SECTION 2 — MEMBERSHIP & SUBSCRIPTION STRUCTURE
DesignFlow is offered as a membership-based creative service billed through a recurring subscription.
By enrolling in DesignFlow, the Client authorizes automatic recurring billing according to the selected membership tier until cancellation occurs in accordance with this Agreement.
Client acknowledges that DesignFlow operates as an ongoing service relationship and not as a one-time project engagement.
SECTION 3 — SERVICES
DesignFlow Membership
DesignFlow provides ongoing branding, marketing, design, and creative services delivered through The Newton Agency’s proprietary DESIGNFLOW™ workflow system.
Services are delivered through structured design requests managed within TNA’s internal project management systems.
Clients requiring embedded creative direction, high-volume output, frequent direct communication, in-person availability, or full creative department access may qualify for an Enterprise engagement. Enterprise is a custom arrangement operating outside of Standard and Premium membership tiers and is governed by a separate scope of work and agreement. Enterprise pricing begins at $10,000 per month. Inquiries can be directed to hello@thenewtonagencystudio.com.
Branding Packages
Brand strategy and identity services may be delivered through structured phases depending on the Client’s membership tier and scope.
SECTION 4 — PAYMENT TERMS
Monthly Billing
Subscriptions are billed monthly in advance via Stripe.
Auto-Renewal
Subscriptions automatically renew on a month-to-month basis unless canceled under this Agreement.
Non-Refundable Payments
All payments are non-refundable, non-exchangeable, and non-transferable.
Services are creative and delivered on a rolling basis.
Service Suspension
Services may be suspended if payments become overdue.
Late Payments
Past-due balances may accrue interest at 1.5% per month or the maximum permitted by law.
No Chargebacks
Client agrees not to dispute charges through Stripe or any payment processor.
Chargebacks constitute a material breach and immediately terminate all licenses granted to the Client.
SECTION 5 — DESIGNFLOW REQUEST STRUCTURE
Definition of a Design Request
A design request is a discrete creative task that can reasonably be completed within a standard design workflow.
Examples include:
• logo refinement
• packaging iteration
• marketing graphic
• social media design
• website page layout
• presentation slide design
Reasonable Scope
While DesignFlow allows unlimited requests, each request must remain reasonable in scope and consistent with typical design studio deliverables.
Projects requiring extensive development, engineering, external vendors, or large-scale production may require separate agreements.
The Newton Agency reserves the right to prioritize requests based on complexity, scope, and production time.
Large requests may be divided into smaller deliverables to maintain workflow efficiency.
Phased Workflow
Branding projects typically follow structured phases:
• Brand Strategy
• Brand Identity (logo suite, color systems, typography)
• Brand Asset Development
• Marketing Collateral
• Website Design
Requests may be broken into smaller tasks to maintain workflow efficiency.
SECTION 6 — ADD-ON SERVICES
Certain services fall outside the scope of DesignFlow and may require separate agreements or additional fees.
Examples include:
• social media management
• video production
• photography
• animation or motion graphics
• influencer marketing
• paid advertising management
• advanced website development
DesignFlow is an asynchronous remote creative service. In-person meetings, site visits, on-site creative direction, and attendance at third-party vendor meetings are not included in any membership tier and require a separate written agreement.
SECTION 7 — CANCELLATION & MEMBERSHIP CHANGES
Cancellation
Clients may cancel at any time with 30 days written notice sent to:
hello@thenewtonagencystudio.com
Services remain active during the notice period and billing continues.
All payments remain non-refundable.
After Cancellation
Upon cancellation:
• active requests close
• incomplete work is forfeited
• access to internal systems ends
Clients must download deliverables before closure.
Project files may be permanently deleted 48 hours after cancellation.
Tier Changes
Clients may upgrade or downgrade membership tiers with 30 days written notice.
SECTION 8 — WEBSITE RESPONSIBILITIES
Clients are responsible for all third-party services required to operate websites including:
• domain registration
• hosting
• CMS subscriptions (Wix Studio, Shopify, Squarespace, Framer)
• plugin licenses
• integrations
• font licenses
• stock imagery
• icon libraries
• analytics tools
TNA is not responsible for outages or platform changes.
SECTION 9 — THIRD-PARTY ASSET LICENSING
Clients are responsible for obtaining licenses for third-party assets including:
• fonts
• stock imagery
• icon libraries
• audio or music
• plugins
• templates
Clients must either purchase licenses directly or reimburse TNA.
TNA is not responsible for maintaining or renewing third-party licenses.
SECTION 10 — INTELLECTUAL PROPERTY
All creative work produced by TNA remains the exclusive intellectual property of The Newton Agency unless explicitly transferred.
Clients receive licenses to use deliverables, not ownership.
Ownership of intellectual property is not transferred unless expressly stated in a written Asset Transfer Option (ATO) agreement.
No rights are granted by implication.
SECTION 11 — ASSET TRANSFER OPTION (ATO)
Ownership transfer may apply to finalized assets including:
• logo suites
• brand marks
• packaging designs
• finalized website design layouts
Ownership transfers only through a written Asset Transfer Option (ATO) agreement.
All other creative work remains the property of TNA.
SECTION 12 — CREATIVE CONCEPT PROTECTION
All concepts, frameworks, development ideas, and strategic directions presented by TNA remain the intellectual property of The Newton Agency.
Clients may review these ideas for discussion purposes only.
Commercial execution requires written authorization.
SECTION 12A — CONCEPT EXECUTION & DESIGN REPLICATION
Concepts, visual directions, creative systems, and design approaches developed by The Newton Agency are part of The Newton Agency’s proprietary creative work.
Clients may not provide unfinished concepts, strategic frameworks, visual directions, or design explorations created by The Newton Agency to third-party designers, agencies, or vendors for the purpose of replicating, modifying, completing, or extending the work without written authorization.
Any attempt to reproduce, replicate, reverse engineer, recreate, or derive substantially similar work from The Newton Agency’s concepts, visual systems, or creative frameworks without authorization constitutes unauthorized use of intellectual property.
If the Client wishes to execute or develop such concepts outside of The Newton Agency, a separate licensing agreement or Asset Transfer Option may be required.
SECTION 13 — LICENSE TYPES
E-RM License
Permits branding and marketing use on client-owned channels only.
Does not permit resale, merchandise, or product manufacturing.
Commercial License
Permits monetized use including:
• packaging
• merchandise
• advertising campaigns
• product sales
SECTION 14 — LICENSE TERM
Licenses remain valid while the subscription is active.
After cancellation:
Standard license usage continues for six (6) months.
Commercial license usage continues for twelve (12) months.
After expiration, the Client must renew the license, purchase extended licensing, or execute an Asset Transfer Option.
License duration begins from the date the asset was created, not from any future subscription renewal.
SECTION 15 — SOURCE FILES & TEMPLATES
Clients receive finalized deliverables only.
Editable source files are not included by default.
TNA may optionally provide editable templates for limited client use.
Templates do not transfer ownership of design systems or artwork.
Clients may not resell, distribute, license, or publish design assets created by The Newton Agency as standalone templates, digital assets, or downloadable resources without written authorization.
SECTION 16 — DESIGN TOOLS & TECHNOLOGY
The Newton Agency utilizes a variety of modern design tools, technologies, and production systems as part of its professional creative workflow.
These tools may include industry-standard software, automation technologies, and emerging digital tools that assist with research, workflow efficiency, or technical production.
All final deliverables produced by The Newton Agency are original creative works developed, directed, curated, and finalized by The Newton Agency.
The Newton Agency maintains full creative control and professional oversight over all work prior to delivery.
The use of tools within the internal workflow does not alter originality, ownership, licensing rights, or payment obligations.
SECTION 17 — TOOL NEUTRALITY
The tools, technologies, or processes used to create deliverables do not affect ownership or licensing rights under this Agreement.
SECTION 18 — PROJECT TIMELINES
All timelines are estimates only.
Project speed depends on client responsiveness, approvals, and scope.
Responsive clients may complete a brand identity project within approximately 90 days, though timelines are not guaranteed.
SECTION 19 — CONFIDENTIALITY
All strategies, concepts, and materials shared by TNA are confidential.
Clients may not disclose or distribute these materials outside the scope of the engagement.
SECTION 20 — INDEMNIFICATION
Client agrees to indemnify and hold harmless The Newton Agency from claims arising from materials, content, or information supplied by the Client.
SECTION 21 — LIMITATION OF LIABILITY
TNA’s liability shall not exceed the total fees paid during the active subscription period.
SECTION 22 — FORCE MAJEURE
TNA is not responsible for delays caused by events outside its control including illness, natural disasters, outages, or emergencies.
SECTION 23 — INDEPENDENT CONTRACTOR
TNA operates as an independent contractor and not as an employee or partner of the Client.
SECTION 24 — ELECTRONIC COMMUNICATIONS
Client agrees that electronic communications satisfy any legal requirement for written communication.
SECTION 25 — DIGITAL ACCEPTANCE
By subscribing to DesignFlow, the Client acknowledges that they have read and agree to this Agreement.
Electronic acceptance through website signup, Stripe subscription, or digital confirmation constitutes a legally binding agreement.
SECTION 26 — ENTIRE AGREEMENT
This Agreement represents the entire understanding between the parties and supersedes prior discussions.
SECTION 27 — SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain valid.
SECTION 28 — GOVERNING LAW
This Agreement is governed by the laws of Wyoming.
Disputes will be resolved through binding arbitration in Wyoming.
SECTION 29 — UPDATES TO AGREEMENT
The Newton Agency reserves the right to update or modify this Agreement at any time.
The most current version will be available on The Newton Agency website.
Material updates may be communicated to Clients electronically.
Continued use of DesignFlow services after updates constitutes acceptance of the revised Agreement.
If a Client does not agree to the updated terms, the Client may cancel their membership in accordance with this Agreement.
Contact
hello@thenewtonagencystudio.com
THE NEWTON AGENCY — LEGAL ADDENDA & CONSENT COPY
GLOBAL CLAUSES TO ADD TO THE TERMS
These apply across all TNA products and can be added once as a "General Terms" block at the end of the Terms page, or repeated within each product's terms.
DISCLAIMER OF WARRANTIES
All products, services, and deliverables are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Newton Agency does not warrant that the Services will be uninterrupted, error-free, or that any strategy, recommendation, or deliverable will produce any particular result. You use the Services and rely on any deliverable at your own risk.
NO PROFESSIONAL ADVICE
Our strategy, recommendations, and content are provided for business and creative purposes only and do not constitute legal, financial, tax, or other professional advice. You are responsible for obtaining independent professional advice before acting.
CLASS ACTION WAIVER
Any dispute will be resolved through binding individual arbitration in Wyoming. You and The Newton Agency agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims.
AGE & AUTHORITY
By using the Services or purchasing any product, you represent that you are at least 18 years old and have the legal authority to enter into these Terms, including on behalf of any company or entity you represent.
FORCE MAJEURE
The Newton Agency is not liable for any delay, interruption, suspension, failure to perform, or loss caused by events beyond our reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, severe weather, pandemics or public-health emergencies, illness, injury, death, or incapacity of key personnel, war, terrorism, civil unrest, cyberattacks, hacking, data breaches, malware, power or internet failures, hosting or platform outages, failures or actions of third-party providers (including Wix, Stripe, and email or storage providers), labor disruptions, supply issues, or government or legal actions. If such an event occurs, our obligations are suspended for its duration, and we will make reasonable efforts to resume performance when able.
DISCONTINUATION OF SERVICES & BUSINESS CHANGES
The Newton Agency may modify, suspend, limit, or discontinue any product, service, feature, or the business itself, in whole or in part, at any time and for any reason, including ceasing operations, without liability to you. Where reasonably possible, we will provide notice and a reasonable opportunity to download deliverables you are entitled to before access ends. Discontinuation does not entitle you to a refund of amounts already paid for services rendered.
USER-SUBMITTED CONTENT & NON-LIABILITY
You are solely responsible for any content, information, text, images, recordings, files, or materials you upload, submit, or provide to The Newton Agency or its systems ("User Content"). You represent and warrant that you own or have all rights necessary to submit your User Content and that it does not infringe any third party's rights or violate any law.
The Newton Agency is not responsible or liable for User Content, including any User Content that is inaccurate, unlawful, infringing, or harmful, and is not liable for any claim, loss, or damage arising from it. You grant The Newton Agency a limited license to use, store, and process your User Content solely to provide the Services. We may remove or refuse to process any User Content at our discretion. You agree to indemnify and hold The Newton Agency harmless from any claim arising out of your User Content.
RIGHT TO REFUSE OR TERMINATE
The Newton Agency reserves the right to refuse service, suspend, or terminate access to any user or client at its discretion, including for breach of these Terms, misuse, abuse, non-payment, or unlawful activity. Termination for breach does not entitle the client to a refund.
SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any product-specific agreement, represent the entire understanding between the parties regarding the applicable product or service and supersede prior discussions.
UPDATES TO TERMS
The Newton Agency may update these Terms at any time. The most current version will be posted on our website. Material updates may be communicated electronically. Continued use of the Services after updates constitutes acceptance.
PRIVACY
Your use of the Services is also governed by our Privacy Policy, available at [privacy policy URL], which is incorporated into these Terms by reference.
