Effective Date: August 11, 2026
These Terms of Service ("Terms") govern access to and use of customcreations.ai (the "Website") and the artificial intelligence content creation and related services offered under the Custom Creations AI name ("Custom Creations AI," "CCA," "we," "us," or "our").
Custom Creations AI is currently operated by D & W Company, a California partnership.
By accessing the Website, requesting services from CCA, accepting a proposal or quote, submitting payment for services, or otherwise engaging CCA to perform services, you agree to these Terms on behalf of the business or organization you represent.
If you do not agree to these Terms, you may not use our services.
CCA currently provides services primarily to businesses and organizations.
Our services may include, among other things:
Specific services, deliverables, pricing, timelines, revision arrangements, payment requirements, and other project-specific terms may be established directly between CCA and the customer.
CCA may add, modify, suspend, or discontinue services at any time.
By requesting or purchasing services on behalf of a company, organization, partnership, or other entity, you represent that you have authority to act on behalf of that entity and to bind it to these Terms and any applicable project agreement.
References to "you," "your," or "Customer" include both the individual interacting with CCA and the business or organization on whose behalf that individual is acting, where applicable.
CCA may establish project-specific terms through emails, proposals, quotes, invoices, statements of work, order forms, written communications, or separate agreements.
These project-specific terms may include:
If a project-specific written agreement expressly conflicts with these Terms, the project-specific agreement will control with respect to that conflict.
Terms relating specifically to one project do not automatically apply to future projects.
CCA uses artificial intelligence and other digital production technologies to create or assist in creating customer deliverables.
You acknowledge that AI-generated content has characteristics and limitations that differ from traditionally created content.
Among other things:
CCA may use one or more third-party artificial intelligence models, software applications, production systems, editing tools, hosting providers, or other service providers in producing deliverables.
Customers may provide CCA with prompts, instructions, images, photographs, videos, logos, trademarks, text, audio, reference materials, or other content ("Customer Materials") for use in a project.
You retain any rights you already hold in your Customer Materials.
By providing Customer Materials to CCA, you grant CCA a non-exclusive, worldwide license to access, reproduce, modify, process, transmit, and otherwise use those materials as reasonably necessary to provide the requested services.
You represent and warrant that you have all rights, licenses, permissions, and authorizations reasonably necessary for CCA to use the Customer Materials as instructed by you.
You are responsible for the materials, instructions, claims, representations, and information you provide to CCA.
CCA may accept requests involving photographs, videos, likenesses, or depictions of real people when CCA determines that the requested use is appropriate and legally permissible.
By providing materials depicting another person or requesting content involving an identifiable person, you represent that you have any consent, permission, or other legal right required for the requested use.
CCA may require additional information or evidence of authorization before accepting or completing certain requests.
CCA reserves the right to reject requests involving celebrities, public figures, private individuals, or any other person when CCA believes that completing the request could violate applicable law, third-party rights, platform rules, provider policies, or CCA policies.
CCA seeks to provide customers substantial creative flexibility. However, CCA will not knowingly provide services that it determines are unlawful, abusive, fraudulent, or otherwise unacceptable.
You may not use CCA or request CCA services for content or activities involving:
CCA may refuse a project even when the requested content is not specifically listed above.
CCA's willingness to accept or produce a project does not constitute a legal determination that the Customer's intended use is lawful.
The Customer remains responsible for its use and distribution of delivered content.
Customers may request content that references brands, products, characters, artwork, trademarks, copyrighted works, or other third-party material.
Acceptance of such a request by CCA does not represent or guarantee that the Customer has the legal right to commercially use the resulting content.
The Customer is responsible for determining whether its intended use requires permission, licensing, clearance, attribution, or other authorization from a third party.
CCA may reject or modify requests when it believes that intellectual property or other legal concerns create an unacceptable risk.
Unless a project-specific agreement states otherwise, after CCA has received all amounts owed for a project, CCA grants and assigns to the Customer, to the maximum extent legally permissible, CCA's transferable rights and interests in the final deliverables specifically created and delivered to the Customer for that project.
This transfer does not include:
Because artificial intelligence is used to produce the deliverables, CCA does not represent or guarantee that a deliverable is eligible for copyright or other intellectual property protection or that the Customer will be able to prevent others from creating or using similar material.
Nothing in these Terms prevents the parties from agreeing to different ownership or licensing arrangements for a specific project.
Unless otherwise agreed in writing, the Customer grants CCA a non-exclusive, worldwide, royalty-free license to display, reproduce, publish, and use completed deliverables for CCA's own:
This license does not transfer ownership of the Customer's deliverables back to CCA.
CCA will not knowingly disclose confidential Customer information merely because CCA has portfolio rights under this section.
A Customer may negotiate different portfolio, confidentiality, or publicity terms with CCA for a particular project.
Revision arrangements for business projects are determined directly between CCA and the Customer.
CCA may agree to make revisions until the Customer reaches an agreed level of satisfaction, may establish a specific number of revisions, or may use another revision structure appropriate for the project.
Unless otherwise agreed, a revision means a reasonable modification to work within the originally agreed project scope.
A request that substantially changes the original concept, scope, format, duration, quantity, creative direction, or other project requirements may be treated as additional work and may require additional fees or a revised timeline.
Pricing and payment terms for business customers are determined directly between CCA and the Customer.
CCA may require:
The applicable quote, invoice, proposal, or project agreement will establish the payment terms for a particular project.
Unless otherwise agreed, amounts paid for work that has already been performed are non-refundable.
CCA may suspend work, withhold delivery, revoke unpaid licenses, or delay further services when required payments are overdue, to the extent permitted by law and any applicable project agreement.
Cancellation terms for business projects may be established as part of the applicable project agreement.
Unless otherwise agreed, a Customer may request cancellation before CCA has materially begun work on the project.
Once work has begun, CCA may retain payment reasonably attributable to work already performed, expenses incurred, resources committed, or other non-recoverable project costs.
CCA and the Customer may agree to different cancellation or refund arrangements for individual projects.
CCA will make commercially reasonable efforts to meet agreed project schedules.
Unless a deadline is expressly guaranteed in a written project agreement, delivery dates and turnaround estimates are estimates rather than guarantees.
Delivery may be affected by:
CCA is not responsible for delays caused by the Customer or circumstances beyond CCA's reasonable control.
Customers are responsible for reviewing deliverables before publication, distribution, advertising, commercial use, or other public use.
This includes reviewing, as applicable:
AI-generated content can contain subtle errors. The Customer should not assume that a deliverable is factually, technically, or legally accurate merely because CCA produced it.
CCA may create advertising, promotional, and marketing materials for Customers.
The Customer is responsible for ensuring that claims, offers, disclosures, testimonials, representations, pricing, and other statements used in its advertising comply with laws and regulations applicable to the Customer and its industry.
CCA does not independently verify every factual or advertising claim supplied by a Customer.
CCA understands that business projects may involve non-public information.
Where CCA and a Customer specifically agree that information or a project is confidential, CCA will use commercially reasonable measures to protect that information in accordance with the applicable agreement.
Unless confidentiality has been specifically agreed, Customers should not assume that ordinary project communications constitute a formal nondisclosure agreement.
Customers requiring protection for trade secrets, unreleased products, confidential campaigns, sensitive business information, or similar materials should notify CCA before providing those materials.
CCA relies on third-party services to operate its business and produce content. These may include artificial intelligence providers, cloud services, communication systems, software applications, file storage providers, payment services, and production tools.
Customer Materials may be processed through third-party systems when reasonably necessary to provide CCA's services.
Third-party services may experience outages, modify their services, change their terms, restrict particular content, alter their AI models, or discontinue features.
CCA is not responsible for the independent acts, omissions, policies, availability, or performance of third-party providers beyond CCA's reasonable control.
Unless CCA expressly agrees otherwise in writing, CCA does not guarantee that any concept, style, composition, image, video, character, visual element, prompt result, or other deliverable will be unique or exclusive to the Customer.
AI systems may independently produce similar outputs for other users.
A transfer of CCA's rights in a deliverable does not create intellectual property rights that do not otherwise exist under applicable law.
CCA reserves the right to reject, suspend, or discontinue a project when reasonably necessary, including when:
When appropriate, CCA may attempt to offer an alternative approach to a rejected request.
The Website and its underlying design, branding, text, software, graphics, logos, and other materials owned by D & W Company are protected by applicable intellectual property laws.
Except as expressly permitted, you may not copy, reproduce, distribute, reverse engineer, interfere with, exploit, or misuse the Website or CCA's proprietary materials.
You may not attempt to gain unauthorized access to CCA systems, accounts, data, infrastructure, or services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SERVICES, AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
CCA DISCLAIMS ALL WARRANTIES NOT EXPRESSLY PROVIDED IN A WRITTEN PROJECT AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED.
CCA DOES NOT WARRANT THAT:
Nothing in this section limits any express commitment contained in a project-specific written agreement.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, D & W COMPANY, CUSTOM CREATIONS AI, AND THEIR PARTNERS, REPRESENTATIVES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION ARISING FROM OR RELATING TO THE WEBSITE, SERVICES, OR DELIVERABLES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCA'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO A PARTICULAR PROJECT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO CCA BY THE CUSTOMER FOR THAT PROJECT DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations in this section apply to the extent permitted by applicable law.
To the extent permitted by law, the Customer agrees to defend, indemnify, and hold harmless D & W Company, Custom Creations AI, and their partners, representatives, contractors, and agents from third-party claims, damages, liabilities, losses, judgments, penalties, costs, and reasonable legal expenses arising from or relating to:
This section does not require the Customer to indemnify CCA for claims resulting solely from CCA's own conduct where such indemnification would be prohibited by law.
CCA provides creative and AI production services.
CCA does not provide legal, financial, medical, accounting, regulatory, or other licensed professional advice.
Customers are responsible for obtaining appropriate professional advice when their use of a deliverable raises legal, regulatory, intellectual property, advertising, privacy, or other specialized issues.
CCA and the Customer are independent contracting parties.
Nothing in these Terms creates an employment relationship, joint venture, agency relationship, fiduciary relationship, franchise, or partnership between the Customer and D & W Company.
The fact that D & W Company itself is organized as a partnership does not create a partnership between D & W Company and any Customer.
These Terms and disputes arising from or relating to these Terms, the Website, CCA services, or CCA projects will be governed by the laws of the State of California, without regard to conflict-of-law principles.
Unless the parties agree to another dispute-resolution procedure in writing, any legal action arising from or relating to these Terms or CCA's services will be brought in a court of competent jurisdiction located in Los Angeles County, California, and the parties consent to jurisdiction and venue in those courts.
CCA will not be liable for delays or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, fires, power failures, internet outages, cyberattacks, governmental actions, labor disruptions, wars, civil disturbances, failures of third-party infrastructure, or outages or restrictions affecting artificial intelligence or cloud service providers.
CCA may update these Terms from time to time.
Updated Terms will be posted on the Website with a revised effective date.
Unless otherwise required by law or agreed in writing, changes will apply prospectively and will not retroactively alter material project-specific terms already agreed to for an active project.
Continued use of the Website or CCA services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent legally permissible, and the remaining provisions will remain in effect.
A failure by CCA to enforce a provision of these Terms does not waive CCA's right to enforce that provision or any other provision later.
The Customer may not assign or transfer its rights or obligations under these Terms or a project agreement without CCA's prior written consent.
CCA may assign these Terms or applicable agreements in connection with a reorganization, incorporation, merger, acquisition, sale of assets, change in ownership, or transfer of the Custom Creations AI business, subject to applicable law.
These Terms, together with any applicable proposal, quote, invoice, statement of work, order form, or other written project agreement, constitute the agreement between CCA and the Customer regarding the applicable services and supersede prior discussions concerning the same subject matter.
Project-specific agreements remain subject to the priority rules described in Section 3.
Custom Creations AI is operated by:
D & W Company
A California partnership
Doing business as Custom Creations AI
Website: customcreations.ai
General support: support@customcreations.ai
Legal notices: legal@customcreations.ai
Questions regarding these Terms may be sent to legal@customcreations.ai.
