Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you") and Mindcreativa.Studio, operated by Rio Vasil ("we", "us", "our"), a creative AI video and digital growth studio operating within the European Union.

By accessing our website at mindcreativa.studio, making an enquiry, or engaging any of our services, you confirm that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and Cookie Policy, which are incorporated herein by reference.

If you are a business client, you represent that you have authority to bind your organisation to these Terms. If you do not agree to these Terms, you must not use our website or services.

2. About Our Services

Mindcreativa.Studio provides premium AI-assisted video production, digital marketing, and creative growth services for businesses across Europe and internationally. Our services include:

• AI video generation and production
• Short-form video content and social media reels
• Webinar production and live event video
• AI films, corporate videos, and branded reels
• Video localisation and multilingual dubbing
• Legacy video reconstruction and restoration
• AI SEO strategy and implementation
• PPC advertising and Meta Ads management
• Social media content management
• Website design and development
• AI chatbot development and deployment

Service specifications, deliverables, timelines, and pricing are confirmed in individual project proposals or service agreements ("Scope of Work") provided to each client.

3. Eligibility

Our services are available to individuals aged 18 and over, and to legally registered businesses and organisations. By using our services, you represent and warrant that you meet these eligibility requirements. We reserve the right to refuse service at our discretion.

4. Quotes, Proposals, and Project Agreements

All quotes and proposals issued by Mindcreativa.Studio are valid for 30 calendar days from the date of issue unless otherwise stated. A contract is formed when both parties have confirmed the Scope of Work in writing (including by email). Any amendments to the agreed scope must be requested in writing and may be subject to additional fees and revised timelines.

5. Pricing and Payment

5.1 Fees

All fees are stated in Euros (€) and are exclusive of VAT unless otherwise specified. VAT will be applied in accordance with applicable EU VAT regulations. As a B2B client within the EU, reverse charge may apply. Consumer clients in the EU will be charged VAT at the applicable rate for their country of residence.

5.2 Payment Terms

• A deposit (typically 50% of the project total) is due upon signing the Scope of Work before work commences.
• The remaining balance is due upon delivery of final deliverables, unless otherwise agreed.
• Recurring service fees (e.g., monthly retainers) are invoiced monthly in advance.
• Payment is due within 14 days of the invoice date unless otherwise agreed.
• Late payments may incur interest at the rate specified by Directive 2011/7/EU on late payment in commercial transactions (8% above the European Central Bank reference rate).

5.3 Payment Methods

We accept bank transfer (SEPA and international), card payments via secure payment processor, and other methods as agreed. All transactions are processed through secure, PCI-DSS compliant payment systems.

6. Consumer Right of Withdrawal (EU Clients)

6.1 How to Withdraw

To exercise your right of withdrawal, you must inform us by a clear, unambiguous statement (e.g., by email to riovasil7@gmail.com) before the 14-day withdrawal period expires. You may use the following model withdrawal statement:

6.2 Exceptions to Withdrawal Right

In accordance with Article 16 of the Consumer Rights Directive, the right of withdrawal does not apply where:

• The service has been fully performed before the withdrawal period expires, and you expressly requested performance to begin and acknowledged loss of the withdrawal right.
• You have expressly requested that we begin performance during the withdrawal period (in which case a proportional deduction applies for work already completed).
• Digital content supplied on a non-tangible medium where performance has begun with your prior express consent and acknowledgment of loss of the withdrawal right.

7. Delivery and Performance

We will use reasonable skill and care to deliver services within agreed timelines. Timelines are estimates and may be affected by factors including (but not limited to): client delays in providing required materials, content, or approvals; force majeure events; or agreed scope changes.

The client is responsible for providing accurate briefs, source materials, approvals, and timely feedback. Delays caused by the client's failure to provide required inputs will not be the responsibility of Mindcreativa.Studio.

8. Revision and Approval Process

Each project includes a specified number of revision rounds as outlined in the Scope of Work. Revisions beyond the agreed number may be subject to additional fees at our standard hourly rate. Final delivery occurs upon written client approval. Once approved, work is considered complete and accepted.

9. Intellectual Property

9.1 Client-Supplied Materials

The client retains all rights to materials, logos, trademarks, footage, and other content provided to us for the project. The client warrants that all supplied materials are owned by or licensed to them and do not infringe any third-party rights.

9.2 Deliverables

Upon receipt of full payment, Mindcreativa.Studio assigns to the client all intellectual property rights in the final deliverables specifically created for the client's project, to the extent permitted by law.

9.3 Retained Rights

• We retain all rights to proprietary tools, methods, frameworks, AI models, workflows, templates, and processes developed by us, including any general-purpose creative assets not uniquely created for the client.
• We retain the right to display completed work in our portfolio and marketing materials unless the client requests confidentiality in writing prior to project commencement.
• Any third-party licensed assets (stock footage, music, images, fonts) used in deliverables are subject to their respective licences; we will inform clients of any usage restrictions.

10. Client Obligations and Acceptable Use

The client agrees to:

• Provide accurate, complete, and up-to-date information and materials
• Obtain all necessary rights, licences, and permissions for any materials supplied
• Not use our services for any unlawful, deceptive, fraudulent, defamatory, or harmful purpose
• Not infringe any third-party intellectual property rights
• Comply with all applicable laws and regulations
• Not resell, sublicence, or redistribute our services or deliverables without prior written consent

11. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. This obligation survives the termination of the contract. Exceptions apply where disclosure is required by law or where information is publicly available through no fault of the receiving party.

12. Warranties

We warrant that our services will be provided with reasonable skill and care in accordance with good industry practice. We do not warrant specific business outcomes, rankings, revenue increases, or other results, as these depend on many external factors beyond our control.

For consumer clients, statutory rights under EU consumer protection law (including Directive (EU) 2019/770 on digital content and services) are unaffected by these Terms.

13. Limitation of Liability

To the maximum extent permitted by applicable EU law:

• Our total aggregate liability to you arising from or in connection with these Terms or our services shall not exceed the total fees paid by you to us in the three months preceding the claim.
• We shall not be liable for indirect, consequential, special, or punitive damages, loss of profits, loss of business, or loss of data.
• Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

If you are a consumer in the EU, your statutory rights and remedies under applicable consumer protection legislation remain unaffected.

14. Termination

Either party may terminate the engagement by giving 30 days' written notice. Upon termination, the client is liable for payment of all work completed up to the termination date. If the client terminates without cause after work has commenced, the deposit is non-refundable, and any work completed beyond the deposit value will be invoiced.

We may terminate the engagement immediately if the client breaches these Terms, fails to pay after a 14-day payment reminder, or engages in unlawful or harmful conduct.

15. Dispute Resolution

15.1 Complaints

If you have a complaint about our services, please contact us first at riovasil7@gmail.com. We will acknowledge your complaint within 5 business days and aim to resolve it within 30 days.

15.2 EU Online Dispute Resolution

Consumer clients in the EU may use the European Commission's Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr to resolve disputes out of court.

15.3 Governing Law and Jurisdiction

These Terms are governed by the laws of the European Union and the applicable laws of the EU member state in which Mindcreativa.Studio is established. For consumer clients, mandatory consumer protection provisions of the consumer's country of habitual residence apply.

16. Website Use and Disclaimer

Our website is provided for informational purposes only. While we take reasonable care to ensure the accuracy of content, we do not guarantee that the website will be uninterrupted, error-free, or free from viruses. We are not liable for any loss or damage arising from your use of or reliance on content on the website.

17. Changes to These Terms

We reserve the right to amend these Terms at any time. We will notify clients of material changes by email or by posting a notice on our website. Continued use of our services after such changes constitutes acceptance of the revised Terms. We recommend reviewing these Terms periodically.

18. Contact