Terms of Use · Taste Profile

Taste Profile · Service Agreement

This Terms of Use Agreement (the "Agreement") is a legally binding agreement between Clearly Digital, Inc. ("Clearly Design", "we", "us") and the client, whether personally or on behalf of an entity ("Client", "you"), governing your access to and use of the website at https://tasteprofile.io (the "Website") and the Taste Profile service. If you do not agree to these terms, you must not use the Website or purchase the service. Any obligation to pay for a service you have already requested remains owed to Clearly Design.

1. Definitions

Taste Profile: a one-time, fixed-scope deliverable that encodes your brand's design language into an open, portable format. A standard Taste Profile engagement includes, but is not limited to, a DESIGN.md file, associated design tokens, a SKILL.md file, a set of themed example components, and AI platform instructions intended for tools such as Claude Design, Cursor, ChatGPT, and Lovable.
Fee: the one-time fee payable by the Client for the Taste Profile, as set out on the Website or in a quote issued to the Client.
Quote: any written agreement between Clearly Design and the Client confirming the scope of the Taste Profile and the associated Fee. This may take the form of a standard package offered on the Website or a custom engagement agreed between the parties.
Deliverables: all source files, documents, and assets produced by Clearly Design and handed over to the Client as part of the Taste Profile.
Services: the professional services provided by Clearly Design in producing and delivering the Taste Profile.

2. Overview of the service

Taste Profile is a one-time, non-subscription service. Clearly Design compresses the Client's brand (principles, voice, visual language, and constraints) into a structured, portable design system expressed primarily in DESIGN.md, an open format intended to be readable by humans and AI coding tools alike. The Taste Profile is designed to help guide AI tools toward more on-brand output.

There is no monthly access fee, no design board, and no ongoing work-request workflow. The engagement ends when the Deliverables have been handed over to the Client.

3. Obligations of Clearly Design

Run a structured discovery process to capture the information required to produce the Taste Profile.
Produce the Deliverables in accordance with the scope set out in the Quote.
Hand over the Deliverables as source files that the Client can own, edit, and use independently of Clearly Design.

4. Obligations of the Client

Participate in the discovery process and provide the brand materials, references, and feedback required for Clearly Design to produce an accurate Taste Profile.
Respond to requests for information and review feedback within a reasonable time. Significant delays by the Client may extend delivery timelines.
Pay the Fee in full as set out on the Website or in the Quote. Unless otherwise agreed in writing, production of the Taste Profile begins after payment is received.

5. Payment

The Fee for a Taste Profile is a one-time payment, payable up front unless otherwise set out in a Quote. Payments are processed by a third-party payment provider. Unpaid invoices are considered in default after fourteen (14) days from the due date shown on the invoice, and Clearly Design reserves the right to pause or terminate the engagement until payment is received.

6. Ownership of the Deliverables

On full payment of the Fee and delivery of the Deliverables, the Client is the owner of the Deliverables produced on its behalf, including the DESIGN.md file, tokens, and any themed components created specifically for the Client. In the event that any operation of law would cause Clearly Design to become the owner of a Deliverable, in whole or in part, Clearly Design irrevocably and perpetually assigns its entire interest in that Deliverable to the Client.

The Client warrants that any materials provided to Clearly Design for incorporation into the Taste Profile (logos, typefaces, imagery, copy, brand references) are owned or properly licensed by the Client and do not infringe any third party's rights.

Nothing in this section transfers to the Client any right in (a) Clearly Design's underlying methodology, templates, internal tooling, or know-how used to produce Taste Profiles generally; or (b) the Website, the Taste Profile name and brand, or any Clearly Design marks.

7. The DESIGN.md format

The DESIGN.md format is intended as an open, portable standard for expressing brand and design-system intent to AI tools. The Client is free to use, modify, publish, and share its own Taste Profile Deliverables. Clearly Design retains the right to continue developing, publishing, and promoting the DESIGN.md format itself (independently of any individual Client's content).

8. No guarantee of AI tool outcomes

The Taste Profile is designed to package your brand in a format that helps influence the output of AI tools. However, those tools (including, but not limited to, Claude, Claude Design, Cursor, ChatGPT, Lovable, GitHub Copilot, v0, and any successor or similar product) are operated by third parties and change frequently. Clearly Design does not control these tools and makes no warranty, representation, or guarantee that any AI tool will produce any particular result, quality level, visual fidelity, or commercial outcome when provided with the Taste Profile. The Client accepts that AI tool behaviour is probabilistic and may vary across prompts, sessions, models, versions, and providers.

The Client is responsible for reviewing AI-generated output and deciding what, if anything, to use.

9. No business-outcome guarantee

Clearly Design does not guarantee any specific business outcome from using the Taste Profile, including but not limited to revenue, conversions, brand perception, time savings, engineering velocity, or design quality.

10. Refund policy

Because the Taste Profile is a one-time custom deliverable, and because once it is delivered you have the source files and can use them independently of us, the service is non-refundable after delivery. By purchasing a Taste Profile you acknowledge and agree that:

Once the Deliverables have been handed over to you, no refunds will be issued.
If the engagement is cancelled before the Deliverables have been handed over, Clearly Design may, at its reasonable discretion, refund a portion of the Fee based on the amount of work already performed. Any such refund is final.
Using the Deliverables while also disputing payment (for example, through a chargeback) is a breach of this Agreement and revokes your licence to use them until the matter is resolved.

Clearly Design reserves the right to assess refund requests on a case-by-case basis and to deny refunds at its discretion where the Deliverables have been handed over.

11. Cancellation

By Clearly Design: Clearly Design reserves the right to cancel an engagement before delivery where the Client is materially in breach of this Agreement, where payment has not been received, or where the engagement would require conduct that is illegal, unethical, or outside the agreed scope. In that case any refund will be handled as set out in Section 10.

By the Client: The Client may cancel an engagement at any time before delivery by giving written notice to Clearly Design. Any refund (if applicable) will be handled as set out in Section 10.

12. Privacy

By using the Website you agree to be bound by our Privacy Policy, which is incorporated into this Agreement. Clearly Design does not knowingly accept or solicit information from individuals under the age of 18.

13. Intellectual property in the Website

Unless otherwise indicated, the Website and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics of any nature (collectively, the "Content"), together with the Taste Profile name, logo, and related trademarks (the "Marks"), are owned or controlled by Clearly Design and protected by applicable copyright, trademark, and other intellectual property laws. Except as expressly provided herein, no part of the Website or Content may be copied, reproduced, republished, uploaded, posted, displayed, distributed, licensed, or otherwise exploited for any commercial purpose without our prior written permission.

14. Showcasing work

Clearly Design reserves the right to reference the existence of an engagement and to share work produced under it publicly, on this Website, in social media, in case studies, in talks, and in marketing materials. For clarity, this includes:

Screenshots, excerpts, and descriptions of sections of the Client's Taste Profile Deliverables (for example, the DESIGN.md file, token tables, and themed components);
Screenshots and recordings of artifacts (interfaces, prototypes, generated code, AI tool outputs, and other visual assets) that were produced using the Client's Taste Profile, whether by Clearly Design, the Client, or a third-party AI tool;
The Client's name, logo, and brand identifiers, solely to attribute the work.

The Client may request, in writing before the engagement begins, that a particular engagement be kept confidential or that specific assets be excluded from public use. Clearly Design will honour reasonable confidentiality requests agreed in advance. If no such request is made, the Client grants Clearly Design a perpetual, worldwide, royalty-free licence to use the materials described above for promotional purposes. Nothing in this section transfers ownership of the Client's brand assets to Clearly Design.

15. User representations

By using the Website, you represent and warrant that:

You have the legal capacity to agree to these terms;
You are not a minor in the jurisdiction where you live;
You will not access the Website through automated or non-human means;
You will not use the Website for any illegal or unauthorised purpose;
Your use of the Website will not violate any applicable law.

16. Prohibited activities

You agree not to:

Make any unauthorised use of the Website;
Retrieve data or content for the purposes of creating or compiling a database or directory;
Circumvent, disable, or otherwise interfere with security-related features on the Website;
Engage in unauthorised framing of or linking to the Website;
Trick, defraud, or mislead Clearly Design or other users;
Interfere with, disrupt, or create an undue burden on the Website or our networks or servers;
Use the Website in an effort to compete with Clearly Design;
Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Website;
Harass, annoy, intimidate, or threaten any of Clearly Design's employees, contractors, or agents;
Upload or transmit viruses, trojans, or other material that interferes with any party's use of the Website;
Use the Website in a manner inconsistent with any applicable law.

17. Client feedback

Any questions, comments, suggestions, or other feedback you send to Clearly Design about the Website or the Taste Profile service (excluding the Deliverables themselves) shall be the sole property of Clearly Design, and Clearly Design is under no obligation to keep such feedback confidential or to compensate you for it. Clearly Design shall be the sole and exclusive owner of all rights related to such feedback and may use or disseminate it for any lawful purpose at its discretion.

18. Modification

Clearly Design reserves the right to change, alter, modify, amend, or remove anything on the Website at any time, at its sole discretion, and to modify or discontinue all or part of the Website without notice.

19. Connection interruptions

Clearly Design does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or third-party providers may result in interruptions, delays, or errors beyond our control. You agree that we shall not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Website during any such interruption.

20. Governing law

These Terms of Use are governed by and construed in accordance with the laws of British Columbia, Canada, without regard to conflict of law principles.

21. Litigation

Any legal action of whatever nature shall be brought in the courts of British Columbia. The parties consent to personal jurisdiction in those courts and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

22. Disclaimer

The Website and the Services are provided on an "as-is", "as-available" basis. Your use of the Website and Services is at your sole risk. Clearly Design disclaims all warranties, express or implied, in connection with the Website and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Clearly Design makes no warranties or representations about the accuracy or completeness of the Website or the Deliverables, or of any output produced by third-party AI tools when given the Deliverables, and assumes no liability for errors, mistakes, or inaccuracies of content; personal injury or property damage of any nature whatsoever; unauthorised access to or use of our servers or any personal information stored therein; any interruption or cessation of transmission to or from the Website; any bugs, viruses, or trojans transmitted to or through the Website by any third party; or any errors or omissions in any content or Deliverables or any loss or damage of any kind incurred as a result of the use of the Website or Deliverables.

23. Limitation of liability and indemnification

Clearly Design and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, or forfeitures, arising from the Client's use of the Website, the Services, or the Deliverables, or from the output of any third-party AI tool given access to the Deliverables.

Clearly Design's total aggregate liability arising out of or relating to this Agreement or the Services is limited to the amount actually paid by the Client to Clearly Design for the Taste Profile giving rise to the claim.

The Client agrees to defend, indemnify, and hold harmless Clearly Design and its subsidiaries, affiliates, officers, members, agents, partners, employees, and contractors from and against any loss, damage, liability, claim, or demand (including reasonable attorneys' fees and expenses) made by any third party arising out of: (1) the Client's use of the Website; (2) breach of these Terms of Use; (3) breach of the Client's representations and warranties set out herein; (4) materials provided by the Client that infringe a third party's rights; or (5) the Client's violation of the rights of any third party, including intellectual property rights.

24. Electronic communications, transactions, and signatures

You consent to receive electronic communications from Clearly Design and agree that all agreements, notices, disclosures, and other communications sent by email or through the Website satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions.

25. Miscellaneous

These Terms of Use, together with any policies posted on the Website or referenced herein, constitute the entire agreement between you and Clearly Design regarding the Website and the Taste Profile. Failure of Clearly Design to enforce any right or provision shall not operate as a waiver of that right or provision. If any provision is determined to be unlawful, void, or unenforceable, it shall be severed from these terms without affecting the validity of the remaining provisions. Nothing in these Terms of Use shall be construed to constitute a joint venture, partnership, employment, or agency relationship between you and Clearly Design.

26. Contact

For any questions or complaints regarding the Website or these Terms of Use, please contact us at hi@tasteprofile.io.