TERMS AND CONDITIONS
Last Updated: March 20, 2025
1. INTRODUCTION AND SERVICE OVERVIEW
These Terms and Conditions ("Terms") govern your access to and use of services provided by Craft & Carat ("we," "our," or "the Company"), a specialized provider of AI-driven growth infrastructure for custom jewelry brands. Our services include, but are not limited to:
AI-powered product and lifestyle photography generation
Shopify website development and optimization
Email marketing automation
Google Ads management
AI customer engagement tools
Digital magazine publication
Brand identity development
By accessing our services, website, or engaging our team, you acknowledge and agree to these Terms in their entirety.
2. SPECIALIZED AI VISUALIZATION SERVICES
2.1 Product Image Generation
Our AI visualization technology transforms basic jewelry renders and designs into photorealistic studio-quality images. You understand that:
The quality of output is directly dependent on the quality of input materials provided
A minimum of 3 reference images and/or detailed design files are required for optimal results
Color accuracy is dependent on proper color calibration in source materials
We do not guarantee exact replication of physical products but strive for the highest level of accuracy
2.2 AI Model Generation
Our services include the creation of custom, photorealistic AI models for product presentation. You acknowledge that:
Model appearances are generated based on your specified parameters and target demographic
All AI-generated models are fictional and not based on real individuals
We maintain full compliance with AI ethics guidelines and do not create models that could be mistaken for specific real persons
Models are licensed for your exclusive use within the scope of our services
2.3 Visual Asset Usage Rights
For all AI-generated visual assets created through our services:
Upon full payment, you receive a non-exclusive, worldwide license to use deliverables for marketing, advertising, and sales purposes
Usage rights do not include the right to modify AI-generated assets beyond standard color correction and sizing adjustments
Attribution to Craft & Carat is not required but appreciated
Reselling or redistributing our AI-generated assets as stock photography or templates is strictly prohibited
3. DIGITAL MARKETING AND WEBSITE SERVICES
3.1 Website Development
For Shopify website development and optimization services:
You retain ownership of all content you provide
We maintain ownership of custom code and proprietary modules until final payment
You are responsible for maintaining and renewing domain registrations and hosting services
We do not guarantee specific search engine rankings or conversion rates, though we implement best practices to maximize both
3.2 Email Marketing and Automation
For email marketing services:
You are solely responsible for maintaining compliance with CAN-SPAM, GDPR, and other applicable email regulations
You warrant that all contact lists provided are permission-based and legally obtained
We are not liable for financial losses due to email delivery issues beyond our control
Performance metrics and reporting are provided as guidance and not as guarantees
3.3 AI Customer Engagement Tools
For AI customer engagement and lead qualification services:
You acknowledge that our AI assistant acts as your representative and must comply with all applicable telemarketing and communication regulations
You must provide clear guidelines and accurate product information for AI assistant configuration
We are not responsible for business lost due to AI system limitations or occasional misunderstandings
Call transcripts are retained for 90 days for quality assurance purposes
4. DIGITAL MAGAZINE AND CONTENT CREATION
4.1 Editorial Discretion
For our digital magazine featuring artisan jewelers:
We maintain complete editorial control over all published content
Feature placement is not guaranteed and is based on editorial relevance and quality
We reserve the right to decline content that does not meet our publication standards
Sponsored content must be clearly labeled as such in compliance with FTC guidelines
4.2 Content Licensing
For content created for our digital magazine:
Interview subjects retain the right to approve direct quotes before publication
We retain copyright to all published articles, photographs, and layouts
Featured businesses may share published articles with proper attribution
We reserve the right to repurpose and republish content across multiple platforms
5. CLIENT MATERIALS AND RESPONSIBILITIES
5.1 Required Materials
To fulfill our services effectively, you agree to provide:
High-quality product images and/or CAD files in specified formats
Brand guidelines including color codes, typography, and style preferences
Target audience demographics and customer personas
Access to necessary accounts (Shopify, Google Analytics, email platforms) as required
Timely feedback on all deliverables (within 5 business days)
5.2 Client Warranties
You warrant and represent that:
All materials provided to us are owned by you or properly licensed
Products depicted are accurately represented and comply with FTC guidelines
Your business operations comply with all applicable jewelry industry regulations
You have the legal authority to enter into this agreement and authorize the creation of content on your behalf
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Ownership Structure
The intellectual property rights are allocated as follows:
Client-Owned IP: All pre-existing brand assets, product designs, logos, and business information
Craft & Carat-Owned IP: Our proprietary AI algorithms, visualization technology, code infrastructure, and process methodologies
Licensed Deliverables: Final visual assets, website designs, marketing materials, and AI-generated content as specified in project agreements
6.2 Portfolio Usage
Unless explicitly agreed otherwise in writing:
We reserve the right to use non-confidential deliverables in our portfolio, case studies, and award submissions
We may mention your brand as a client in our marketing materials
We will respect embargoes for unreleased products or collections
7. PAYMENT TERMS AND PROJECT MANAGEMENT
7.1 Fee Structure
Our service fees are structured as follows:
Onboarding Fee: One-time setup fee covering initial brand analysis, AI system training, and account setup
Monthly Retainer: Covering ongoing services as specified in your service agreement
Per-Project Fees: For additional services outside the scope of retainer agreements
7.2 Payment Schedule
Standard payment terms are as follows:
50% deposit due before project commencement
50% balance due upon project completion before final file delivery
Monthly retainers are billed on the 1st of each month for the following month's services
Invoices are due within 15 days of receipt
7.3 Late Payment Consequences
For payments received after the due date:
A late fee of 2% per month will be applied to outstanding balances
Services may be suspended until payment is received
Access to AI-generated assets and websites may be restricted
8. REVISIONS AND APPROVAL PROCESS
8.1 Revision Allowances
Each service includes specific revision allowances:
AI Product Imagery: 3 revision rounds per product
Website Development: 2 rounds of major revisions, 4 rounds of minor adjustments
Marketing Campaigns: 2 strategy revisions, 3 creative revisions
AI Model Creation: 5 rounds of adjustments to achieve desired appearance
8.2 Additional Revisions
Revisions beyond the included allowances will be billed at:
$95/hour for technical adjustments
$250 per additional AI model revision round
$175 per additional product visualization revision round
8.3 Approval Timeline
To maintain project schedules:
Feedback must be provided within 5 business days of deliverable submission
Approvals must be provided in writing via email or project management system
Failure to provide feedback within 10 business days constitutes tacit approval
Project timelines will be extended by the number of days feedback is delayed
9. CONFIDENTIALITY AND DATA SECURITY
9.1 Confidential Information
We treat as confidential:
Unreleased product designs and collections
Customer data and sales information
Marketing strategies and business plans
Account credentials and access information
9.2 Security Measures
To protect your information, we implement:
Enterprise-grade encryption for data storage and transmission
Regular security audits and updates
Restricted access to client files on a need-to-know basis
Secure deletion of sensitive files upon request
9.3 Third-Party Services
You acknowledge that our services utilize select third-party tools and platforms. We:
Select vendors with strong security practices
Limit data sharing to what is necessary for service provision
Remain compliant with applicable data protection regulations
10. LIMITATION OF LIABILITY
10.1 Service Warranty
We warrant that our services will be:
Performed with reasonable skill and care
Delivered according to industry standards
Compliant with applicable laws and regulations
10.2 Disclaimer of Warranties
Notwithstanding the above, we provide no warranties that:
Our services will increase your sales or revenue
AI-generated assets will be free from all minor imperfections
Website functionality will be uninterrupted
Third-party platforms we integrate with will remain operational
10.3 Liability Cap
Our maximum liability for any claim arising from our services is limited to:
The total fees paid for the specific project in question, or
Three months of retainer fees for ongoing service issues
Under no circumstances will we be liable for lost profits, business opportunities, or consequential damages
11. TERMINATION AND CANCELLATION
11.1 Termination by Client
You may terminate services by providing written notice:
For monthly services: 30 days' written notice
For ongoing projects: Cancellation fees apply based on completed work
11.2 Cancellation Fees
The following cancellation fees apply:
50% of project fee if cancelled after kickoff but before first draft delivery
75% of project fee if cancelled after first draft delivery
100% of project fee if cancelled after final revisions have begun
11.3 Termination by Craft & Carat
We reserve the right to terminate services if:
Payment is more than 30 days overdue
You provide materials that violate third-party rights
You engage in behavior that creates a hostile work environment
You repeatedly request services outside the agreed scope without compensation
12. DISPUTE RESOLUTION
12.1 Dispute Process
Any disputes shall be resolved as follows:
Informal negotiation between parties for 30 days
Mediation in New York with a mutually agreed mediator
Binding arbitration in New York under American Arbitration Association rules
12.2 Governing Law
These Terms shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.
13. CHANGES TO TERMS
We reserve the right to modify these Terms with:
30 days' notice for substantial changes
Immediate effect for minor clarifications
Continued use of our services constitutes acceptance of updated Terms