TS&CS
These Legal Terms (the “Terms”) govern access to and use of the website, services and deliverables provided by atlas® (“atlas®”, “we”, “us” or “our”), an independent creative agency specialising in AI-generated image and video. By browsing this website, requesting a quote, or commissioning any work, you (“Client”, “you”) accept these Terms in full.
1. Definitions
- Services — creative production using artificial-intelligence tools, including AI-generated still images, video, motion, retouching, model training (e.g. LoRA), art direction and related deliverables.
- Input Materials — any briefs, references, brand assets, images, footage, names, trademarks, logos, voices or likenesses supplied by the Client.
- Deliverables — the final files delivered to the Client under an accepted order or statement of work.
- AI Tools — third-party or proprietary generative models used to produce the Deliverables.
2. Services & Quotes
Each engagement is defined by a quote, proposal or statement of work describing scope, formats, number of variations, revisions and timelines. Quotes are valid for 30 days unless stated otherwise. Work begins after written acceptance and, where applicable, receipt of the agreed deposit. Any request outside the agreed scope may be subject to an additional quote.
3. Payment
Unless otherwise agreed in writing, a deposit is payable to start production and the balance is due on delivery. Invoices are payable within the period stated on the invoice. Late payment may incur statutory interest and a fixed recovery indemnity in accordance with applicable law. Deliverables remain the property of atlas® until full payment is received (see Section 6).
4. Client Obligations & Input Materials
You are solely responsible for the Input Materials you provide. By submitting Input Materials, you represent and warrant that:
- you own or have obtained all rights, licences, consents and authorisations necessary to use them, including any third-party intellectual property, trademarks, designs, music or software;
- you have obtained all required consents and releases for any identifiable person, image, voice or likeness, and for any depiction of real individuals;
- the Input Materials and the intended use of the Deliverables do not infringe any third-party right and comply with all applicable laws.
You agree to indemnify atlas® against any claim arising from Input Materials supplied by you or from your use of the Deliverables (see Section 11).
5. Nature of AI-Generated Content — Important Disclaimers
You acknowledge and accept the specific nature of generative AI:
- No uniqueness guarantee. AI Tools generate outputs from statistical models. Similar or comparable outputs may be produced for other users, and we cannot guarantee that any Deliverable is unique, novel or distinguishable from other AI-generated works.
- Resemblance & third-party rights. Outputs may unintentionally resemble existing works, styles, persons, brands or products. atlas® does not warrant that Deliverables are free of any resemblance to, or that their use will not infringe, third-party rights.
- Final-use clearance. You are responsible for reviewing each Deliverable and for obtaining any clearance, licence or legal advice required before publication, advertising or commercial exploitation, in particular regarding rights of publicity, trademark, copyright and advertising regulations.
- Accuracy. AI may produce inaccurate, unrealistic or unintended elements. Deliverables are provided for creative purposes and must be checked by you before use.
- Evolving legal framework. The legal status and copyright eligibility of AI-generated content varies by jurisdiction and is evolving. atlas® makes no representation as to the copyrightability of any AI-generated Deliverable.
6. Intellectual Property & Deliverables
Subject to full payment, atlas® assigns to the Client the rights it holds (if any) in the final Deliverables for the use described in the relevant order. To the extent any AI-generated Deliverable is not protectable by intellectual-property rights, atlas® makes no warranty as to exclusivity. atlas® retains ownership of its pre-existing tools, workflows, prompts, trained models and know-how, which are not transferred. Unless you request otherwise in writing, atlas® may display non-confidential Deliverables in its portfolio and for self-promotion.
7. Acceptable Use & Prohibited Content
You agree not to commission or use the Services to create content that is unlawful, defamatory, hateful, deceptive, or that depicts a real person without consent (including deceptive “deepfakes”), infringes third-party rights, or is intended to mislead consumers. atlas® may refuse or stop any project that, in its reasonable judgement, breaches this Section or applicable law.
8. Revisions & Acceptance
The number of revision rounds is defined in the order. Deliverables are deemed accepted upon delivery unless you notify reasonable, scope-consistent corrections within the period stated in the order. Additional revisions beyond the agreed scope are billable.
9. Confidentiality
Each party will keep confidential the non-public information disclosed by the other and use it solely to perform the engagement. This does not apply to information that is public, independently developed, or required to be disclosed by law.
10. Warranties & Limitation of Liability
The Services and Deliverables are provided on a professional “best-efforts” basis. To the maximum extent permitted by law, atlas® excludes all implied warranties, including fitness for a particular purpose and non-infringement. atlas® shall not be liable for indirect or consequential damages, loss of profit, data, reputation or business. atlas®’s total aggregate liability arising from an engagement shall not exceed the amount actually paid by the Client for that engagement. Nothing in these Terms excludes liability that cannot be excluded by law.
11. Indemnification
You agree to defend, indemnify and hold harmless atlas® and its collaborators from any claim, damage, liability or cost (including reasonable legal fees) arising from (i) your Input Materials, (ii) your use, publication or exploitation of the Deliverables, or (iii) your breach of these Terms.
12. Data Protection
atlas® processes personal data in accordance with applicable data-protection law, including the EU General Data Protection Regulation (GDPR). Personal data shared for a project is used only to perform the engagement. For any request regarding your data, contact contact [at] ayoatlas.com.
13. Force Majeure
atlas® is not liable for any delay or failure caused by events beyond its reasonable control, including outages or changes to third-party AI services, infrastructure failures, or acts of public authorities.
14. Governing Law & Jurisdiction
These Terms are governed by French law. Any dispute relating to their interpretation or performance shall, failing an amicable resolution, fall under the exclusive jurisdiction of the competent courts of Paris, France.
15. Changes to These Terms
atlas® may update these Terms at any time. The version in force is the one published on this page at the date of your order. Material changes will be reflected by an updated “Last updated” date above.
16. Contact
For any question regarding these Terms:
contact [at] ayoatlas.com