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Terms of Service

Last updated: March 1, 2024  ·  Effective date: March 1, 2024

Contents

  • Acceptance
  • Our Services
  • Eligibility
  • Client Engagements
  • Payment
  • Intellectual Property
  • Confidentiality
  • Use of AI Tools
  • Disclaimer
  • Limitation of Liability
  • Termination
  • Governing Law
  • Changes
  • Contact

Acceptance of Terms

By accessing or using the website at thecreativeaicompany.com, or by engaging The Creative AI Company for any services, you agree to be bound by these Terms of Service. If you do not agree, please do not use our website or services.

These Terms apply to all visitors, enquirers, and clients. For paid engagements, a separate service agreement or proposal may also apply — in the event of any conflict, the signed service agreement takes precedence.

Our Services

The Creative AI Company provides AI strategy consulting, done-for-you AI implementation, creative services, team training, and custom AI tool development for small and mid-sized businesses. The specific scope of any engagement is defined in a written proposal or service agreement provided before work begins.

We reserve the right to decline any enquiry or engagement at our discretion, without obligation to provide a reason.

Eligibility

Our services are intended for businesses and individuals aged 18 or older. By using our services, you represent that you are at least 18 years old and have the authority to enter into agreements on behalf of any business you represent.

Client Engagements

All paid work begins with a written proposal or statement of work that outlines deliverables, timelines, pricing, and any specific terms. Work does not commence until a proposal has been accepted and any required deposit received.

Free Strategy Calls: We offer free 45-minute strategy calls as a no-obligation introduction. Attending a strategy call does not create any contractual obligation on either party and does not constitute a service engagement.

Scoping Sessions: For custom AI tool development projects, a paid scoping session may be required before a fixed-price build proposal is issued. The cost of the scoping session is outlined at time of booking.

Revisions: The number of revision rounds included in any engagement is specified in the relevant proposal. Work outside agreed scope may be quoted and billed separately.

Payment Terms

Payment terms are set out in each individual proposal or service agreement. Standard terms are:

  • Project work: 50% deposit required before work begins; balance due upon completion
  • Retainer engagements: billed monthly in advance
  • Training sessions: billed in full before the session date

Invoices are due within 14 days of issue unless otherwise agreed. Late payments may incur a 2% monthly interest charge. We reserve the right to pause work on active engagements if invoices become overdue by more than 14 days.

All prices are exclusive of applicable taxes unless stated otherwise. Clients outside our primary jurisdiction are responsible for any local taxes or import duties.

Intellectual Property

Your materials: Any content, data, brand assets, or materials you provide to us remain your property at all times.

Deliverables: Upon receipt of full payment, ownership of all bespoke deliverables created specifically for you (including custom code, written content, and AI tools) transfers to you. You own what you pay for.

Our pre-existing IP: Any methodologies, frameworks, templates, or tools that we developed prior to or independently of your engagement remain our property. We may grant you a licence to use these where relevant to your deliverables.

Portfolio rights: Unless you request confidentiality in writing, we reserve the right to reference our work together (in general terms) in our portfolio, website, and marketing materials. We will never share confidential business information without your explicit consent.

Confidentiality

Both parties agree to keep confidential any non-public business information shared during an engagement. We will not disclose your proprietary information, business strategies, or client data to third parties without your consent, except as required by law.

This confidentiality obligation survives the termination of any engagement.

Use of AI Tools

Our services involve the use of AI tools and platforms including but not limited to large language models, image generation tools, and automation platforms. By engaging our services, you acknowledge that:

  • AI-generated content may require human review and editing before use in regulated or high-stakes contexts
  • The capabilities and limitations of AI tools change frequently — we make no guarantee that any specific tool will remain available or unchanged
  • You are responsible for ensuring any AI-generated content complies with applicable laws and regulations in your jurisdiction and industry
  • We will always disclose when AI tools have been used in the creation of deliverables

Disclaimer of Warranties

Our website and free content (blog posts, guides, strategy call advice) are provided "as is" without warranty of any kind. While we take care to provide accurate and useful information, we make no guarantee that any strategy, tool, or recommendation will produce specific results for your business.

Results from AI implementation vary based on your industry, team, existing systems, and how consistently strategies are applied. Any results mentioned in our marketing materials are illustrative and not a guarantee of the same outcome for your business.

Limitation of Liability

To the fullest extent permitted by applicable law, The Creative AI Company and Steve Andrews shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services.

Our total liability for any claim related to a paid engagement shall not exceed the total fees paid by you to us in the three months preceding the claim.

Nothing in these Terms limits liability for fraud, death, or personal injury caused by our negligence.

Termination

By you: You may cancel an engagement by providing written notice. Cancellation terms (including any refund of deposits) are specified in your individual service agreement. Scoping sessions and training sessions are non-refundable once delivered.

By us: We reserve the right to terminate any engagement if payment obligations are not met, if you act in a manner that we reasonably believe is harmful or unethical, or if circumstances arise that make completion of the work impossible or impractical. In such cases, you will be invoiced for all work completed to date.

Governing Law

These Terms are governed by the laws of the jurisdiction in which The Creative AI Company is registered. Any disputes arising from these Terms or any engagement with us shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

We always prefer to resolve disputes directly and in good faith before involving legal processes. If you have a concern, please reach out to us first.

Changes to These Terms

We may update these Terms of Service at any time. The updated version will be posted on this page with a revised "last updated" date. Continued use of our website or services after changes are posted constitutes acceptance of the updated Terms.

For active paid engagements, the Terms in place at the time of signing your service agreement govern that engagement unless both parties agree in writing to revised terms.

Contact Us

Questions about these Terms? We're happy to clarify anything.

The Creative AI Company

Email: hello@thecreativeaicompany.com
Website: thecreativeaicompany.com

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