Terms & Condition
1. Acceptance of Terms
This outlines that by using your services (the "Services"), the Client agrees to be bound by these T&C.
2. Services Offered
- Description: Services include AI Image Generation, AI Image Editing, AI Video Generation, digital manipulation, and related creative consultation.
- Methodology: All work utilizes proprietary and/or third-party Artificial Intelligence (AI) models based on Client inputs (text prompts, sample images, etc.).
3. Client Responsibilities & Input Materials
- Input Accuracy: The Client is responsible for the accuracy and completeness of all supplied materials (prompts, reference images, product samples, etc.).
- Legality of Inputs: The Client warrants that all input materials do not infringe on any third-party intellectual property rights, copyrights, trademarks, or rights of privacy/publicity, and are not defamatory, obscene, or illegal.
- Indemnification: The Client agrees to indemnify and hold Simonclicks harmless against all claims, liabilities, and expenses arising from a breach of this section.
4. Deliverables, Revisions, and Acceptance
- Deliverables: Final deliverables include high-resolution digital files (images/videos) as outlined in the specific service package (e.g., Starter, Growth).
- Revision Scope: Revisions are limited to those necessary to satisfy the initial creative brief. Substantial changes or new creative directions constitute a new project and may incur additional fees.
- Acceptance: Upon delivery of the final files, the Client has a set period (e.g., 7 days) to notify Simonclicks of any final concerns. After this period, the Deliverables are deemed accepted.
5. Payment, Fees, and Cancellation
- Fees: Fees are detailed in the specific package or custom quote provided.
- Deposit: A non-refundable deposit (e.g., 50%) may be required before work commences.
- Cancellation: If the Client cancels a project after commencement, the deposit is forfeited, and the Client may be billed for all work completed up to the cancellation date.
6. Intellectual Property (IP) and Ownership
- AI Ownership Clause (Critical): Due to the evolving nature of AI-generated content ownership, the following applies:
- Assignment: Upon full payment of all fees, Simonclicks assigns all rights, title, and interest it can legally assign in the final Deliverables to the Client.
- Commercial Use: The Client receives a worldwide, perpetual, royalty-free license for Commercial Use of the final Deliverables.
- Caveat: The Client acknowledges that the final Deliverables may not qualify for U.S. Copyright registration as purely AI-generated works. Simonclicks makes no warranty regarding the copyrightability or legal enforceability of the Deliverables.
- Portfolio Use: The Client grants Simonclicks a non-exclusive, perpetual, royalty-free license to use the final Deliverables for self-promotion and portfolio display.
7. Limitation of Liability and Warranty
- No Warranty: Services are provided "as is." Simonclicks makes no warranties regarding the results, performance, or fitness for a particular purpose of the Deliverables.
- Liability Limit: Simonclicks's total liability to the Client shall not exceed the total fees paid by the Client for the specific Services under which the claim arose.