01About these terms
These Terms of Service ("Terms") govern the services provided by Mygenzy, operated by Benedikt Wieser, sole proprietor (eenmanszaak), Mosae Forum 1C, 6211DW Maastricht, Netherlands (KvK 97352365). They apply to every quote, order, and agreement between Mygenzy ("we", "us") and the client ("you"), unless agreed otherwise in writing.
Where an individually signed agreement (e.g., a statement of work or retainer) conflicts with these Terms, the signed agreement prevails for that engagement.
02Definitions
- Services — the creative production services we provide, such as AI ad production, video editing, paid-social campaigns, and creative retainers.
- Deliverables — the files and materials we produce for you under an agreement.
- Agreement — the accepted quote, statement of work, or retainer, together with these Terms.
03Quotes and formation
Quotes are valid for 14 days from their date unless stated otherwise and are non-binding until accepted. An agreement is formed when you accept a quote in writing (including by email) or when we begin work at your request.
04Services and scope
We perform the Services with reasonable skill and care, as described in the applicable quote or statement of work. The agreed scope defines what is included; work beyond that scope is treated as a new request and may be quoted separately.
A typical engagement covers the production work set out in the quote — for example concept, editing, and the agreed number of final deliverables in the agreed formats. Strategy, paid-media budget, third-party licences, additional concepts or versions, and work requested after approval are not included unless stated in the quote, and are treated as additional work.
05Your responsibilities
To deliver on time, we rely on you to:
- provide the briefing, materials, brand assets, and access we need, on time;
- ensure you hold the necessary rights to all materials you supply (footage, images, music, logos, trademarks, and any personal data such as faces or voices), and that we may use them to perform the Services;
- give timely feedback and approvals.
Delays in materials, feedback, or approvals may shift agreed timelines.
06Fees and payment
Fees are as stated in the accepted quote and are exclusive of VAT unless stated otherwise.
Unless the quote states otherwise, we invoice 50% upfront before work begins and the balance on completion. Invoices are payable within 14 days by bank transfer in euros. If an invoice is not paid on time, statutory interest and reasonable collection costs apply under Dutch law, and we may suspend work until payment is received.
07Revisions and delivery
Deliverables are provided in the formats agreed in the quote. Each deliverable includes one round of revisions on the agreed scope; further revisions, or changes beyond that scope, are quoted and charged separately at our standard rate. Final files are delivered digitally — for example by download link — once the final invoice is paid.
08Intellectual property and usage rights
Until all fees for an engagement are paid in full, all rights in the Deliverables remain with Mygenzy. On full payment, you receive a worldwide, perpetual licence to use the final Deliverables for the purposes agreed in the quote. Editable source and project files, raw footage, and the AI prompts used to create the work remain ours and are not part of the delivery unless agreed separately in writing.
Unless agreed otherwise in writing, we may show completed work in our portfolio and marketing. If you need an engagement kept confidential, we can agree this in writing before the work begins.
09Third-party and AI-generated materials
Some Deliverables may include third-party assets (e.g., stock, fonts, music) licensed for the agreed use, and content created with AI tools. You are responsible for using Deliverables within the scope of those licences and the agreed use. We do not warrant that AI-generated outputs are unique or free of similarity to third-party material.
10Confidentiality
Each party keeps the other's non-public information confidential and uses it only to perform or receive the Services. This does not apply to information that is or becomes public through no fault of the receiving party, or that must be disclosed by law.
11Cancellation and termination
Either party may terminate an Agreement for a material breach that is not remedied within a reasonable period after written notice. Ongoing or retainer engagements may be terminated by either party with 30 days written notice, effective at the end of a billing period. On termination, you remain liable for work performed and for costs and third-party commitments we entered into for you up to the effective date.
12Warranties and results
We perform the Services professionally, but we do not guarantee any specific commercial outcome — including reach, engagement, conversions, or advertising performance — as these depend on factors outside our control (platforms, audiences, budgets, and markets).
13Liability
Our total liability arising from an engagement is limited to the fees you paid us for that engagement in the twelve months before the event giving rise to the claim. We are not liable for indirect or consequential loss, including lost profit, lost revenue, lost data, or wasted advertising spend.
Nothing in these Terms limits liability that cannot be limited by law, including for intent or gross negligence, or any statutory rights you have as a consumer.
14Force majeure
We are not liable for delays or failures caused by events beyond our reasonable control (e.g., outages of third-party platforms or tools, illness, or supplier failures). Affected obligations are suspended for the duration of the event.
15Changes to these terms
We may update these Terms; the version in force when your Agreement is formed applies to that engagement. The current version is always available on this page.
16Governing law and disputes
These Terms and any Agreement are governed by Dutch law. Disputes are submitted to the competent court of the Rechtbank Limburg (location Maastricht), without prejudice to any mandatory consumer protections.
17Contact
Questions about these Terms? Email Email.