Terms of Service | Ashen Creatives

1. Introduction and Agreement

These Terms of Service govern all services provided by Ashen Creatives ("Ashen Creatives", "Ashen", "we", "us" or "our").

By placing an order, submitting a purchase request, paying a deposit or otherwise agreeing to proceed with a project, you ("the Client", "you" or "your") acknowledge that you have read, understood and agreed to these Terms of Service and our Privacy Policy.

These terms apply to all services, including static advertisements, AI-generated and AI-assisted video advertisements, hypermotion product videos, UGC-style content, creative production and any other services offered by Ashen Creatives.

If you do not agree with these terms, you must not purchase or use our services.

2. Our Services

Ashen Creatives provides digital advertising creatives and creative production services for businesses and brands.

Our services may include:

Static advertising creatives and promotional graphics.
AI-generated and AI-assisted video advertisements.
Hypermotion product videos and animations.
UGC-style advertising videos.
Video editing, captions, voiceovers and creative enhancements.
Custom advertising and promotional content.

The exact scope, deliverables, pricing and specifications of each project will be agreed upon before production begins.

We reserve the right to refuse projects that are unlawful, misleading, infringe third-party rights or fall outside our capabilities.

3. Orders and Project Confirmation

An order is considered confirmed once the Client has accepted the agreed project scope and pricing and the required deposit or payment has been received.

Any quotation or proposal is based on the specifications provided by the Client.

Changes to the original brief, deliverables, specifications or project requirements after production has commenced may require additional charges and an adjusted delivery timeframe.

Ashen Creatives reserves the right to decline additional work that has not been agreed upon.

4. Payments and Deposits

Unless otherwise agreed in writing, all projects require a 50% upfront deposit before production begins.

The remaining 50% balance is payable upon completion and before the final deliverables are released.

The deposit reserves production capacity and covers project preparation, scheduling and the commencement of creative work.

By paying the deposit, the Client acknowledges that Ashen Creatives has committed resources and production time to the project.

Failure to pay the outstanding balance may result in:

Suspension of the project.
Withholding of final deliverables.
Delayed delivery.
Cancellation of further work.
Recovery action for outstanding amounts where appropriate.

All prices will be communicated before purchase. Any applicable taxes will be identified as required by law.

5. Cancellations and Refund Policy

All purchases are subject to the agreed project scope, payment terms and applicable consumer protection legislation.

Once a project has been approved and production has commenced, the Client cannot automatically demand a refund simply because they have changed their mind, no longer require the creative or are dissatisfied with their own commercial expectations.

Where a Client cancels a project after production has commenced, Ashen Creatives may retain or charge an amount proportionate to the work already performed, resources committed and reasonable non-recoverable costs incurred, subject to applicable law.

Where the project has been completed and delivered in accordance with the agreed specifications, the Client is not entitled to a refund merely because they no longer wish to use the creative or because it has not achieved their expected advertising results.

However, nothing in this section excludes any refund, cancellation or other remedy that the Client is legally entitled to under applicable consumer protection law.

Consumer cancellation rights: Where applicable, consumers purchasing services remotely may have a statutory 14-day withdrawal period. Where the Client requests that work begins during this period, any required express request and acknowledgement will be obtained. If the Client withdraws after work has begun, they may be required to pay a proportionate amount for the services already performed. Any applicable statutory exceptions will be respected.

6. Revisions and Changes

Any included revisions will be specified in the original quotation or project agreement.

Revisions are intended to correct or adjust elements of the original agreed brief.

Revisions do not include:

Completely changing the original concept.
Replacing the entire creative direction.
Introducing new products or services.
Recreating a completed video from scratch.
Supplying entirely new footage or assets after production.
Changes arising from a revised brief or new requirements.

Such requests may be treated as additional work and quoted separately.

Clients must communicate revision requests clearly and within the agreed revision period.

7. Delivery and Client Approval

Estimated delivery times will be communicated before or during project confirmation.

Delivery times are estimates unless a specific deadline has been expressly agreed in writing.

Delays caused by missing information, late payments, client feedback, third-party platforms or circumstances outside our reasonable control may affect delivery.

The Client is responsible for reviewing the final creative before publication and ensuring that all factual information, pricing, promotional claims, branding and contact details are accurate.

Approval of a creative constitutes confirmation that the Client has reviewed the supplied material and is satisfied that it is suitable for its intended use, without removing Ashen Creatives’ obligations to provide the agreed service.

8. AI-Generated and AI-Assisted Content

Ashen Creatives uses artificial intelligence and other digital production technologies to create and enhance certain advertising materials.

This may include synthetic imagery, AI-generated video, artificial voices, generated environments, animations and AI-assisted editing.

The Client acknowledges that AI-generated content may contain limitations, including visual inconsistencies, inaccuracies, unusual details or technical imperfections.

Ashen Creatives will use reasonable professional judgement when producing deliverables, but does not guarantee that every generated element will be indistinguishable from real photography or footage.

AI disclosure and legal compliance

The Client is responsible for determining and complying with the laws, regulations and platform requirements applicable to the publication, distribution and use of the final creative in their intended markets.

This includes, where applicable:

Disclosing AI-generated or AI-manipulated content.
Labelling synthetic people, voices, imagery or video where required.
Meeting applicable deepfake transparency requirements.
Complying with advertising standards and consumer protection legislation.
Ensuring that AI-generated endorsements, testimonials and product demonstrations are not misleading.
Following applicable social media and advertising platform policies.

Where required, the Client must add appropriate disclosures, labels or notices before publishing the content.

Ashen Creatives will also comply with any AI transparency obligations that independently apply to its own activities and legal role. These responsibilities cannot be transferred or waived by this agreement.

9. Advertising Performance Disclaimer

Ashen Creatives provides creative production services, not guaranteed advertising outcomes.

We do not guarantee:

Sales or purchases.
Leads or enquiries.
Advertising conversions.
Return on advertising spend (ROAS).
Click-through rates.
Engagement or impressions.
Revenue increases.
Specific campaign performance.
Successful advertising approval by third-party platforms.

Advertising performance depends on many external factors, including targeting, audience selection, budget, market conditions, competition, pricing, product quality, landing pages, campaign management and platform algorithms.

Marketing is inherently variable. A creative that performs successfully for one business may not perform the same way for another.

The Client acknowledges that poor advertising performance, a lack of conversions, low engagement or failure to generate commercial results does not, by itself, constitute grounds for a refund where the agreed creative service has been properly provided.

Ashen Creatives is not responsible for campaign management, advertising spend or the commercial decisions made by the Client unless these services have been expressly agreed separately.

10. Client Responsibilities and Supplied Materials

The Client is responsible for ensuring that all materials supplied to Ashen Creatives are lawful and authorised for use.

This includes:

Logos and trademarks.
Product photographs and videos.
Music and audio recordings.
Brand assets and promotional materials.
Testimonials and endorsements.
Images, likenesses and personal information.
Product descriptions and advertising claims.

The Client confirms that they own or have obtained all necessary permissions, licences, consents and rights required for the materials they provide.

The Client is also responsible for ensuring that claims relating to their products, services, guarantees, pricing, qualifications and business operations are accurate and legally supportable.

Ashen Creatives may refuse or remove material that it reasonably believes is unlawful, misleading, infringing or otherwise inappropriate.

The Client agrees to be responsible for third-party claims arising from materials or instructions supplied by the Client, to the extent that such claims result from the Client’s breach of these terms or infringement of third-party rights.

11. Intellectual Property and Usage Rights

Upon receipt of full payment, the Client receives a licence to use the final approved deliverables for their business and commercial advertising purposes.

Unless otherwise agreed in writing, this licence is worldwide and perpetual, subject to any third-party rights, platform restrictions and applicable intellectual property laws.

Before full payment, the Client is not permitted to publish, distribute, commercially exploit or otherwise use unfinished or unpaid deliverables.

The following are not automatically included in a standard purchase:

Editable project files.
Raw footage.
Source files.
Production templates.
AI generation prompts.
Internal production materials.
Third-party stock assets or software licences.

Ashen Creatives retains ownership of its pre-existing materials, production methods, workflows, templates and proprietary processes.

Any third-party materials remain subject to their respective licence terms.

Nothing in this agreement transfers ownership of intellectual property that Ashen Creatives does not own or have the legal right to transfer.

12. Portfolio and Promotional Use

Ashen Creatives may request permission to display completed work in its portfolio, website, social media accounts and promotional materials.

Client projects will not be publicly disclosed as portfolio examples where the Client has expressly requested confidentiality or where Ashen has otherwise agreed in writing not to disclose them.

Permission to display a Client’s branding, name or finished work may be obtained separately.

13. Third-Party Platforms and Services

Ashen Creatives may use third-party software, AI production platforms, hosting services, stock libraries and other external technologies to provide its services.

We are not responsible for independent outages, service interruptions, policy changes, technical limitations or decisions made by those third-party providers.

Deliverables may be subject to third-party licensing restrictions.

We do not guarantee that any particular platform will accept, approve, distribute or promote a creative.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Ashen Creatives shall not be liable for indirect, incidental, special or consequential losses, including lost profits, lost revenue, lost advertising opportunities or anticipated business.

We are not responsible for losses arising from:

Advertising campaigns managed by the Client or another third party.
Changes to advertising platform algorithms or policies.
The Client’s failure to comply with advertising or disclosure requirements.
Inaccurate information supplied by the Client.
Unauthorised use or alteration of delivered materials.
Third-party services outside our reasonable control.

Nothing in these terms excludes or restricts liability where doing so would be unlawful, including liability that cannot legally be excluded or restricted.

For business-to-business transactions, and to the fullest extent permitted by law, our aggregate liability arising from a project shall not exceed the total amount paid or payable for the specific project giving rise to the claim.

This limitation does not override any mandatory statutory rights or remedies.

15. Confidentiality

Both parties agree to take reasonable steps to protect confidential business information shared during a project.

Ashen Creatives will not intentionally disclose confidential client materials to unrelated third parties, except where necessary to deliver the agreed service, comply with legal obligations or where disclosure has been authorised.

The Client agrees not to disclose Ashen Creatives’ confidential production processes, proprietary materials or non-public business information without permission.

16. Suspension and Termination

Ashen Creatives reserves the right to suspend or terminate a project where:

The Client fails to make required payments.
The Client provides unlawful or infringing materials.
The Client materially breaches these terms.
The Client engages in abusive, threatening or fraudulent conduct.
Continuing the project would expose Ashen Creatives to legal or regulatory risk.

Any amounts due for work already performed or reasonable committed costs will remain payable, subject to applicable law.

17. Changes to These Terms

Ashen Creatives may update these Terms of Service from time to time.

The version applicable to an existing project will generally be the version accepted when the project was confirmed, unless an update is required by law or otherwise agreed between the parties.

18. Governing Law

These Terms of Service are governed by the laws of Ireland.

Any disputes shall be subject to the jurisdiction of the Irish courts, subject to mandatory consumer protection rules and any mandatory jurisdiction rights applicable to the Client.

19. Contact

For questions regarding these Terms of Service, please contact:

Ashen Creatives
Email: max@ashencreatives.com
Location: Ireland