1. Definitions

In these Terms & Conditions, the following definitions apply:

The Artificials: The Artificials B.V., established in the Netherlands, acting as provider of the Unlimited Content Pass Subscription.

Client: The agency entering into a Subscription with The Artificials.

Subscription: The agreement whereby Client receives access to AI-driven content production services for a fixed monthly fee and under the conditions set out in these Terms & Conditions.

Platform: Outlign, the online platform used for briefings, planning, feedback and delivery of Assignments.

Assignment: A single content request submitted by Client within the Subscription period.

Working Day: Monday through Friday, excluding Dutch public holidays.

2. Applicability

2.1 These Terms & Conditions apply to all Subscriptions between The Artificials and Client.
2.2 Deviations are only valid if agreed in writing.
2.3 Client’s own purchasing or contractual conditions are expressly excluded.
2.4 If any provision is void or voided, the remaining provisions remain fully applicable.

3. Subscription & Duration

3.1 A Subscription is entered into for a fixed term: one, three or six months.
3.2 The Subscription is paid per month in advance and cannot be terminated mid-period.
3.3 At the end of the Subscription period, Client may either renew or continue on project-based pricing. Renewal of the Subscription is subject to acceptance by The Artificials.The Artificials reserves the right to decline renewal at the end of any Subscription term.
3.5 Prices vary per chosen term (1 month: €10.000, 3 months: €8.500 or 6 months: €7.500), unless a specific discount is given by The Artificials.  

4. Rates & Payment

4.1 All fees are exclusive of VAT.
4.2 Invoices must be paid within 7 days of invoice date, unless agreed otherwise.
4.3 In case of late payment, Client is in default without notice. The Artificials may suspend services until payment is received.
4.4 Statutory interest and reasonable collection costs apply in case of non-payment.
4.5 The Artificials reserves the right to adjust rates annually, with at least 30 days’ notice.

5. Scope of Services

5.1 Within the Subscription, The Artificials delivers AI-based content production, including but not limited to:
• video shots for commercials, product videos and social content
• fully finished AI-generated films, product videos and social assets
• product photography, lifestyle photography and key visual imagery
• AI storyboards and pre-visualizations
• delivery in all required formats (16:9, 9:16, 4:5, 1:1 and others).

5.2 The Subscription includes standard in-house post-production such as:
• editing
• basic grading
• basic sound design and sound effects
• basic image retouch
• basic compositing
These services are provided within reasonable limits of complexity. Advanced or specialist retouching, detailed compositing, high-end finishing or other tasks requiring expertise outside the in-house skillset fall outside the standard Subscription.

5.3 If an Assignment contains visual or technical complexity that exceeds The Artificials’ in-house capabilities, The Artificials may engage external specialists. This may include advanced VFX, high-end compositing, complex clean-ups, detailed beauty retouch, scene reconstruction or similar specialized work. Such third-party costs are not included in the monthly fee.

5.4 Before engaging any external specialist, The Artificials will notify the Client, explain the reason for the external support, and submit estimated costs for approval. No external expenses will be incurred without prior consent.

5.5 All content produced entirely through generative AI is delivered with full usage rights. Content that involves real-life cast, voice talent or third-party elements may require additional licensing or buy-outs, which fall outside the Subscription and must be approved by Client in advance.

5.6 Services unrelated to AI-driven production such as live-action shoots, on-set direction, development work, print production or media buying, are not included unless explicitly agreed and quoted separately.

5.7 The Artificials may engage third parties to perform parts of the Assignment when required for quality, feasibility or timely delivery.

6. Capacity & Workflow

6.1 The Artificials works on one active Assignment at a time per Client.
6.2 An unlimited number of Assignments may be requested, but only output that fits within available production capacity is guaranteed.
6.3 Lead times depend on complexity, scope and number of assets requested, and are communicated via the Platform after intake.
6.4 Main communication runs via Outlign (briefings, planning, revisions, approvals).
6.5 The Artificials responds to new requests within 0–24 hours on Working Days.
6.6 The Client must provide timely feedback and approvals. Delays may shift delivery dates.
6.7 Weekend work is not included in the Subscription unless agreed in advance.

7. Revisions

7.1 Revisions are included within reason and as part of the standard workflow.
7.2 Each production phase includes up to two revision rounds; additional rounds may impact planning and delivery timelines.

8. Deliverables & Rights

8.1 Final assets are delivered digitally through Outlign or shared storage.
8.2 Usage rights for AI-generated material are fully transferred to Client, unless specified otherwise.
8.3 For non-AI external elements (voice talent, real models, stock, third-party data), separate licensing rules may apply.
8.4 The Artificials may retain non-final materials, process and open files and intermediate outputs for internal use and quality control.

9. Confidentiality & Data Handling

9.1 Both parties treat all information exchanged as confidential.
9.2 The Artificials does not use Client assets, references or materials for training AI models.
9.3 Data is processed only for execution of the Subscription and stored securely.
9.4 Confidentiality does not apply to information that is public or shared with explicit consent.

10. Intellectual Property

10.1 Intellectual property rights to custom pipelines, workflows, AI prompts or proprietary methods remain with The Artificials.
10.2 The Artificials is entitled to showcase final deliverables created under the Subscription for portfolio, website, social media and presentation purposes, provided that:
a) the work has already been published or made publicly available by the Client or the Client’s end client, and
b) the work is not subject to any embargo, confidentiality requirement or internal-only usage restriction.
The Artificials may reference the Client and, where applicable, the Client’s end client as commissioning parties. The Artificials will never publish drafts, intermediate renders, work-in-progress materials or any asset that has not been publicly released.

11. Liability

11.1 The Artificials is only liable for direct damages resulting from a demonstrable and attributable failure.
11.2 Liability is limited to the fees paid by the Client in the three months preceding the damage-causing event.
11.3 The Artificials is not liable for indirect or consequential damages, including lost revenue, delays caused by third-party AI tools, or platform outages.
11.4 Client indemnifies The Artificials against claims arising from use of client-supplied materials.

12. Force Majeure

12.1 The Artificials is not liable for failure to deliver during circumstances beyond its control, including outages of external AI platforms, illness, power failures, or government restrictions.
12.2 If a force majeure situation lasts longer than 30 days, both parties may terminate the agreement without compensation.

13. Termination

13.1 The Artificials may suspend or terminate the Subscription immediately if the Client:
• fails to meet payment obligations
• is declared bankrupt
• misuses the Subscription
• repeatedly ignores feedback or workflow timelines
• violates confidentiality provisions
13.2 All delivered work up to the date of termination remains payable.

14. Applicable Law & Disputes

14.1 Dutch law applies exclusively.
14.2 Disputes shall be submitted to the competent court in the district of Utrecht.
14.3 Parties will first attempt to resolve disputes amicably.

15. Amendments

15.1 The Artificials may update these Terms & Conditions.
15.2 Changes will be communicated to the Client at least 30 days in advance.
15.3 If the Client does not accept the changes, they may cancel the Subscription at the end of the current term.

The Artificials B.V.
Vredenburg 40
3511 BD Utrecht
The Netherlands