AI Creative Services Agreement
1. AGREEMENT SCOPE
These terms and conditions (“Terms”) govern all estimates, proposals, statements of work, invoices, and services for AI content creation including but not limited to digital twins, voice clones, synthetic media, AI-generated content, AI agents, AI workflows, and any/all related creative deliverables (“Services”) between the client (“Client”) and Lane Street, LLC (“Agency,” “we,” “us”).
2. PROJECT TERM & MODIFICATIONS
Duration: Project terms are effective for the period specified in the signed estimate, statement of work, or invoice.
Extensions: Any extension or renewal requires mutual written agreement and may involve revised pricing.
Scope Changes: Material changes to project scope, deliverables, timelines, or specifications must be documented in writing and may result in adjusted fees and timelines. Client will receive written notice of any cost implications before implementation.
3. PAYMENT TERMS
Payment Schedule: Payments are due as specified in your agreement. Standard terms are 50% deposit upon project commencement and 50% upon completion, unless otherwise specified.
Payment Methods: Payments must be made via ACH, wire transfer, eCheck, or credit card. Credit card processing fees (typically 2.9% + $0.30) will be added to credit card payments.
Late Payments: Overdue accounts may incur a service charge of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less. Work may be suspended on accounts more than 15 days past due.
Processing: Payments are processed 1-2 business days prior to due dates to ensure timely payments and project delivery.
4. CLIENT RESPONSIBILITIES & COLLABORATION
Timely Feedback: Client agrees to provide feedback within three (3) business days of requests. Delays may impact project timelines and may result in additional fees.
Materials & Access: Client must provide all necessary materials, access credentials, reference content, and approvals required for project completion in a timely manner.
Final Approval: Client has five (5) business days from final delivery to request revisions. After this period, deliverables are considered accepted unless substantial defects are identified.
5. CANCELLATION & TERMINATION
Cancellation: Either party may terminate with fifteen (15) days’ written notice.
Payment on Termination: All completed work, including time invested and prorated fees, is due in full within ten (10) days of termination. Client receives all work completed to date of termination.
Early Termination by Agency: We reserve the right to terminate immediately if Client breaches payment terms, provides false information, or requests services that violate applicable laws or our ethical standards.
6. INTELLECTUAL PROPERTY RIGHTS
Client Ownership: Upon full payment, Client owns all intellectual property rights in custom-created deliverables, subject to the limitations below.
Third-Party Components: Some deliverables may incorporate third-party elements (stock footage, music, AI training models, software libraries) governed by separate licenses. Client is responsible for compliance with such licenses.
Agency Retention: We retain rights to our methodologies, processes, techniques, and any pre-existing intellectual property used in creating deliverables.
AI Model Considerations: Client acknowledges that AI-generated content may have inherent limitations regarding originality and intellectual property clearance.
7. CONFIDENTIALITY & DATA PROTECTION
Confidential Information: Both parties agree to maintain confidentiality of proprietary information shared during the project term and for two (2) years thereafter.
Data Security: We implement reasonable security measures for Client data but cannot guarantee absolute security. Client is responsible for backing up their own data.
Data Retention: We may retain project files for up to twelve (12) months post-completion for support purposes, after which they will be securely deleted unless otherwise requested. Data storage fees may apply.
8. PORTFOLIO & MARKETING RIGHTS
Portfolio Use: Agency reserves the right to showcase project outcomes, processes, and results in our portfolio, case studies, marketing materials, and business development efforts.
Client Attribution: Unless Client objects in writing, we may identify Client as a customer and use Client’s name and logo in our marketing materials.
Confidential Projects: Client may request confidential treatment by providing written notice, which may affect project pricing.
9. AI-SPECIFIC TERMS & LIMITATIONS
Content Accuracy: AI-generated content is provided “as-is.” We do not warrant accuracy, factual correctness, or absence of bias in AI outputs.
Ethical Use: Client agrees to use AI-generated content ethically and in compliance with applicable laws, including but not limited to disclosure requirements for synthetic media.
Platform Compliance: Client is responsible for ensuring AI-generated content complies with terms of service of platforms where it will be used (social media, advertising platforms, etc.).
Deepfake/Synthetic Media: For voice clones, digital twins, and similar synthetic media, Client represents they have obtained all necessary consents and will use content in compliance with applicable laws.
10. WARRANTIES & DISCLAIMERS
Service Quality: We warrant that services will be performed with professional skill and care consistent with industry standards.
Disclaimer: EXCEPT AS EXPRESSLY STATED, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
AI Limitations: Client acknowledges that AI technology has inherent limitations and that results may vary. We do not warrant that AI-generated content will meet specific performance criteria unless explicitly stated in writing.
11. LIMITATION OF LIABILITY
Liability Cap: Our total liability for any claims arising from this agreement shall not exceed the total amount paid by Client for the specific project giving rise to the claim.
Excluded Damages: WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
Client Indemnification: Client agrees to indemnify and hold Agency harmless from claims arising from Client’s use of deliverables, breach of these terms, or violation of third-party rights.
12. FORCE MAJEURE
Neither party shall be liable for delays or failures due to circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, pandemics, or significant changes in AI technology availability.
13. DISPUTE RESOLUTION
Governing Law: This agreement is governed by the laws of [Your State/Jurisdiction].
Dispute Resolution: Disputes shall first be addressed through good faith negotiation. If unresolved within thirty (30) days, disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association.
Venue: Any legal proceedings shall take place in Phoenix, Arizona, USA.
14. GENERAL PROVISIONS
Entire Agreement: These terms, together with any signed statements of work or proposals, constitute the entire agreement between the parties.
Modifications: Changes must be in writing and signed by both parties.
Severability: If any provision is deemed unenforceable, the remainder of the agreement remains in effect.
Assignment: Client may not assign this agreement without our written consent. We may assign our rights and obligations with thirty (30) days’ notice.
Questions or Concerns?
We value transparency and open communication. Please contact us immediately if you have questions about these terms or need clarification on any project matters.
