Outturn Terms of Service

Version 2026-05-06 · Last updated May 6, 2026

Plain-language summary (not part of the contract): You describe an outcome you want. We build it for a flat tier price. Once you've paid for a deliverable, you own it — fully, irrevocably, with the carve-outs explained in section 6 below (open-source libraries, our internal know-how, etc.). Until you've paid, we own the work in progress. We can't refund completed checkpoints, but you can walk away before any checkpoint clears with no charge. The full terms are below.

1. Identification and acceptance

These Terms of Service ("Terms") govern your use of services provided by Outturn ("Outturn", "we", "us"). Outturn is a product of KSElevated Solutions, LLC, a Colorado limited liability company; references to "Outturn" in these Terms refer to that legal entity. By clicking Approve or Accept on a project proposal at outturn.dev/o/<token>, you ("Customer", "you") agree to these Terms in the version stated on the proposal page at the time of your click. The version you agreed to is recorded against your project and continues to govern that project even if we publish a newer version later.

If you do not agree to these Terms, do not click Approve or Accept, and do not pay any invoice.

2. Definitions

• "Builder" means the individual or entity that performs the work for a Project. In the present version of the service, Outturn itself is the Builder. Independent Builders, when introduced, will be contractually bound to assign their work product to Outturn so the chain of title described in section 6 holds.
• "Deliverable" means the work product Outturn delivers to you against an approved Project — typically code, copy, designs, configuration, or other digital artifacts described in the proposal.
• "Project" means a discrete engagement defined by a proposal page (/o/<token>) you have approved.
• "Iteration" means a follow-up Project that builds on a prior accepted Project, linked via the "Continue this project" flow.
• "Tier" means one of the flat pricing brackets — Tiny, Small, Standard, Larger, or Custom — described publicly at outturn.dev/pricing.
• "Evolve" means the optional monthly subscription that covers unlimited Tiny Iterations on a single subscribed Project.

3. Services

Outturn provides outcome-driven product and content development services. We classify your brief into a Tier, prepare a proposal with scope and price, and deliver the agreed Deliverable upon your approval. Tier turnaround targets posted on outturn.dev/pricing are good-faith estimates, not guarantees, and may be affected by clarification questions, third-party dependencies, or your own response time.

4. Engagement and scope

The proposal at /o/<token> is the binding scope of the engagement. Anything not listed in the proposal is not in scope for that Project. If you want changes during delivery, the Builder may either (a) accommodate small revisions inside the existing Tier, or (b) treat the change as a new Iteration priced at the appropriate Tier. Each accepted Project includes one revision round addressed within seven (7) days of acceptance, at no additional charge, where "revision" means scoped post-delivery feedback the Builder can address inside the original Tier (small copy or visual tweaks, missing CTA destinations, similar). Changes beyond that scope are Iterations.

5. Payment

Prices are flat per Tier and stated publicly on outturn.dev/pricing. Larger Projects may be split into checkpoints, each with its own price displayed on the proposal page. Payments are processed by Stripe under their own terms; Outturn does not store your card details. You authorize Outturn to charge for Approved or Accepted Deliverables via the payment link generated for your Project.

If your Project has multiple checkpoints, each checkpoint is independently chargeable upon acceptance of that checkpoint.

If you have an active Evolve subscription on a Project, Tiny Iterations on that Project are covered by the subscription with no additional per-Iteration charge, and one Small Iteration per monthly billing period is included.

6. Intellectual property

This is the load-bearing section of these Terms. Read it carefully.

6.1 Pre-payment ownership

Until you have successfully paid for a Deliverable (or for the relevant checkpoint of a Deliverable), Outturn — and any Builder Outturn has contracted with for that Project — retains all right, title, and interest in the Deliverable, including any work in progress, drafts, source code, designs, prompts, configurations, and other artifacts produced.

6.2 Assignment upon payment

Upon Outturn's successful receipt of payment for a Deliverable (or for the relevant checkpoint of a Deliverable), all right, title, and interest in that Deliverable transfers to Customer, except for the Carve-Outs described in section 6.3 below. The assignment is exclusive, irrevocable, perpetual, worldwide, and royalty-free. To the extent any element of the Deliverable cannot be assigned by operation of law, Outturn grants Customer the broadest possible exclusive, irrevocable, perpetual, worldwide, royalty-free license to use, modify, and sublicense that element.

This assignment includes all copyrights, design rights, and other intangible rights in the Deliverable as it existed at the moment of payment. It does not include rights that exist outside the Deliverable itself (see Carve-Outs).

6.3 Carve-outs from assignment

The assignment in section 6.2 does not include, and Customer does not acquire ownership of:

• Pre-existing tools, libraries, frameworks, and dependencies used to construct the Deliverable, including but not limited to open-source software components. These remain governed by their own licenses (typically MIT, Apache 2.0, ISC, or equivalent), which permit Customer's use as part of the Deliverable.

• Outturn's internal Skills Library (content/skills/ and equivalent internal documentation) — generic patterns, prompt templates, recipes, and methodologies Outturn maintains across Projects. These are not Customer-specific and are not assigned. Outturn grants Customer a non-exclusive, perpetual license to continue using any reusable patterns embedded in the Deliverable as part of the Deliverable.

• Generic, reusable patterns, know-how, and ideas that do not embody Customer-specific information, business logic, or branding. Outturn (and any Builder) may use the same general approach for other customers.

• Third-party SaaS components the Deliverable integrates with (Stripe, Vercel, GitHub, Anthropic, etc.). These remain governed by the third party's own terms and your own account relationships with them.

6.4 Builder chain of title

Where a Builder other than Outturn performs the work, Outturn requires by separate agreement that the Builder assign their rights in the Deliverable to Outturn at the moment those rights would otherwise vest in the Builder. Outturn then assigns those rights to Customer per section 6.2. This chain of title is the customer-facing summary; it does not depend on Customer being a party to the Builder's separate agreement with Outturn.

In the current version of the service, Outturn is the Builder; the chain has only one link.

6.5 License-back to Outturn for portfolio use

Customer grants Outturn a non-exclusive, royalty-free, perpetual, worldwide license to display the Deliverable's project name, public-facing screenshots, and high-level non-confidential description as a portfolio reference and case study (on outturn.dev, in social media posts, in pitch materials, in press). This license:

• excludes any information Customer has marked confidential in writing;
• excludes any internal-use or unreleased materials, even if part of the Deliverable;
• may be revoked by Customer in writing per Project, with reasonable notice for Outturn to remove the relevant references. Revocation does not affect already-printed materials.

6.6 Customer materials

Materials Customer provides to Outturn for the purpose of completing the Project — logos, copy, brand assets, account credentials brokered through Outturn's connections system, sample data, and similar — remain Customer's property. Customer grants Outturn (and any contracted Builder) a limited, non-exclusive, royalty-free license to use those materials solely as needed to deliver the Project, and only for the duration of the Project plus a reasonable retention period for support and audit.

6.5 Provisioning authorization

To deliver an outcome, Outturn often needs to create accounts at third-party providers (for example: hosting platforms, databases, observability services, content delivery networks). Customer authorizes Outturn to do this on Customer's behalf during the Project, subject to the following:

• Agency. Outturn acts as Customer's agent solely for the limited purpose of provisioning the third-party accounts and services described in or implied by the approved proposal. Outturn does not assume any rights of ownership over those accounts beyond what is necessary to operate them in the course of the Project.

• Identity used. Outturn registers third-party accounts using Customer's name and a project-scoped email address Outturn operates on Customer's behalf (for example, proj-<id>@projects.outturn.dev or similar). This address receives provider verification emails, billing notices, and operational alerts during the life of the Project. Outturn forwards Customer-relevant items to the email address Customer provided at intake.

• Customer ownership. Subject to Customer's compliance with section 5 (Pricing and payment), and with the carve-outs in section 6, the third-party accounts Outturn creates on Customer's behalf are Customer's. Customer may at any time request that Outturn (a) transfer the accounts to a Customer-controlled email address, or (b) wind the accounts down. Outturn will complete either request within a commercially reasonable period.

• Customer hand-actions. Some providers (notably those involving identity verification, banking, or payments — for example, Stripe Connect for receiving payments, domain registrars for transferring domains, app stores for publishing applications) require Customer to act in person; Outturn cannot do these on Customer's behalf. Outturn will surface these clearly on the proposal page (/o/<token>) and provide deep links and step-by-step guidance.

• Usage costs. During the Project, Outturn pays any provider costs that arise within the scope agreed at proposal time, out of the Tier price. After delivery, ongoing provider costs (if any) are Customer's responsibility, billed directly by the provider to Customer's payment method, unless an Evolve or similar managed-operations subscription is in place.

• No misuse. Outturn will use Customer-owned third-party accounts only as needed to deliver the agreed outcome, and will not use those accounts for any unrelated purpose.

• Termination. This authorization terminates automatically at Project completion, provider account hand-back, or termination of these Terms, whichever is earliest. Customer may revoke it earlier by written notice; if revoked mid-Project, Outturn will suspend further provisioning and may pause work pending resolution under section 10.

7. Confidentiality

Each party will treat the other's confidential information (information designated as such in writing, or which a reasonable person would recognize as confidential under the circumstances) with the same care it uses for its own confidential information of like kind, and not less than reasonable care. Confidentiality obligations do not apply to information that is or becomes publicly known through no breach of these Terms, was already lawfully known to the receiving party prior to disclosure, was independently developed without reference to the other party's confidential information, or is required to be disclosed by law (in which case the receiving party will, where lawful, give prompt notice to the disclosing party).

8. Warranties and disclaimers

Outturn warrants that the Deliverable will substantially conform to the scope agreed in the proposal at the time of acceptance.

EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE DELIVERABLE IS PROVIDED "AS IS", AND OUTTURN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Outturn does not warrant that the Deliverable will achieve any particular business outcome (revenue, conversion rate, search ranking, traffic, customer acquisition, etc.).

9. Limitation of liability

EXCEPT FOR (i) BREACH OF SECTION 7 (CONFIDENTIALITY), (ii) WILLFUL MISCONDUCT, OR (iii) INDEMNIFICATION OBLIGATIONS UNDER SECTION 12, OUTTURN'S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE RELEVANT PROJECT IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL OUTTURN BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUE.

The limitations in this section apply to the maximum extent permitted by applicable law.

10. Refunds and cancellation

Customer may walk away from a Project before any checkpoint payment with no charge. Once Customer has accepted a checkpoint and Outturn has received the corresponding payment, that payment is non-refundable. If Customer disputes the conformity of a delivered checkpoint with the agreed scope, the parties will use the revision flow described in section 4 to resolve the dispute before any refund discussion.

11. Termination

Either party may terminate the engagement before the next checkpoint is approved by giving written notice (email is sufficient). Payment for completed and accepted checkpoints survives termination, as does the IP assignment for those checkpoints. Sections 6 (IP), 7 (Confidentiality), 8 (Warranties), 9 (Liability), 12 (Indemnification), and 15 (Governing Law) survive termination of these Terms.

12. Indemnification

Outturn will defend, indemnify, and hold Customer harmless against third-party claims that the Deliverable, as delivered by Outturn and absent Customer's modifications, infringes a third party's copyright or registered trademark, capped at the limitation of liability in section 9.

Customer will defend, indemnify, and hold Outturn harmless against third-party claims arising from (a) Customer's modifications to the Deliverable after delivery, (b) Customer's combination of the Deliverable with other materials Outturn did not provide, (c) Customer Materials provided under section 6.6, or (d) Customer's use of the Deliverable in violation of applicable law.

13. Modifications to these Terms

Outturn may revise these Terms by publishing a new version at outturn.dev/legal/terms with a higher version number and updated date. The version of these Terms that Customer agreed to at the time of approving a particular Project continues to govern that Project. New Projects use the version in effect at the time of their approval.

14. Service versioning

Outturn may modify, suspend, or discontinue any feature of the service at any time, except that any such change will not retroactively reduce Customer's rights under section 6 (IP) for Deliverables already paid for.

15. Governing law and dispute resolution

These Terms are governed by the laws of the State of Colorado, without regard to its conflicts-of-law principles. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Denver, Colorado, except that either party may bring an individual action in a small-claims court of competent jurisdiction. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

16. Builders (informational)

These Terms are between Customer and Outturn. They are not a contract between Customer and any independent Builder. The chain-of-title language in section 6.4 is summary and does not depend on Customer's consent to any third-party agreement. Independent-Builder onboarding is a future surface (see outturn.dev/builders); Customer-facing IP rights are not affected by it.

17. Miscellaneous

• Entire agreement. These Terms together with the proposal at /o/<token> are the entire agreement between the parties with respect to the Project they govern, and supersede any prior or contemporaneous communications.

• Assignment. Customer may not assign these Terms or the Project without Outturn's prior written consent. Outturn may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, on notice to Customer.

• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect.

• No waiver. A failure to enforce any right is not a waiver of that right.

• Notices. Notices to Outturn should be sent to the email address listed at outturn.dev for legal contact. Notices to Customer will be sent to the email address Customer provided during intake.

• Independent contractors. The relationship between the parties is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

Contact: legal@outturn.dev

Reading these for the first time? The plain-language summary at the top of this document is not the contract; the numbered sections above are. If something is unclear, email us before clicking Accept.