Terms & Conditions

Introduction

By accessing or using the services of Clapstick Media, you agree to be bound by these Terms and Conditions. Please read these terms carefully before using our services.

Services Provided

Clapstick Media offers comprehensive services including social media management, content creation, video production, animation (2D, 3D, 2.5D), SEO, paid media campaigns, and more. While we strive to deliver exceptional results, actual outcomes may vary based on numerous factors beyond our control.

Use of Our Services

You agree to use our services for lawful purposes only and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the services.

Performance and Results

While Clapstick Media endeavors to provide accurate and timely services, we cannot guarantee specific results from our social media management and content creation efforts. Performance and engagement metrics such as “5X online presence” or “64% engagement boost” are based on historical data and are not guaranteed for every client.

Limitation of Liability

Clapstick Media shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use or inability to use our services. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.

Disclaimer of Warranties

Our services are provided on an “as-is” and “as-available” basis. Clapstick Media makes no warranties, expressed or implied, regarding the accuracy, reliability, or completeness of the services provided.

Changes to Services and Terms

Clapstick Media reserves the right to modify or discontinue any aspect of our services at any time without notice. We also reserve the right to change these Terms and Conditions at any time. Your continued use of our services constitutes acceptance of such changes.

Payment and Refunds

All payments for services are due in advance as per the agreed-upon terms. Refunds, if applicable, will be processed according to our refund policy outlined in the service agreement.

Privacy Policy

We are committed to protecting your privacy. Please refer to our Privacy Policy for detailed information on how we collect, use, and protect your personal information.

AI Generated Content & Services Related / Using AI

1. Nature of Content All content provided under this Service is generated using artificial intelligence tools and technologies. No human actors, videographers, or manual video shooting processes are involved. The content includes AI-generated videos, animations, captions, and voiceovers.

2. Creative Limitations The Client acknowledges that AI-generated content may not match the precision, emotional nuance, or contextual creativity of human-created content. While efforts will be made to align with the brand tone and objectives, perfect human-like quality is not guaranteed.

3. Output Consistency & Variability Due to the nature of AI systems, minor variations may occur between similar prompts or batches. Exact visual or tonal replication across different outputs cannot be assured. Each output is considered unique and valid within the scope of delivery.

4. Customization Limits The Service allows for thematic customization (industry, product type, basic tone, and language). However, micro-level control over individual frames, character expressions, motion paths, or design choices is not available. Creative direction is constrained by the capabilities and logic of the underlying AI systems.

5. Revision Policy Each order includes one round of minor revision (e.g., text caption change, color tone adjustment). Requests for a completely new creative output based on revised inputs will count as a fresh order or incur additional charges. Manual post-editing is not part of this service.

6. No Guarantees on Performance While AI-generated reels are designed to enhance online presence, no guarantee is made regarding their effectiveness in achieving business metrics such as reach, engagement, follower growth, or sales. The success of the content depends on multiple variables, including timing, audience behavior, platform algorithms, and marketing execution.

7. Responsibility for Factual Accuracy The Client bears full responsibility for verifying the accuracy of business claims, offers, contact details, or other sensitive information displayed in the content. The Service Provider shall not be held liable for any consequences arising from inaccurate or misleading content if such inputs were provided or approved by the Client.

8. Licensing & Usage Rights The Client is granted a non-exclusive, non-transferable license to use the AI-generated content for their own business promotion on digital platforms. Redistribution, resale, sublicensing, or use in commercial advertisements representing third-party products is strictly prohibited without prior written consent.

9. Third-Party Tool Dependency The Service relies on third-party AI generation platforms (e.g., text-to-video, text-to-image, voice synthesis APIs). Service timelines and content behavior are subject to the availability, functionality, and output logic of these external systems. Any technical delays or output variations stemming from these dependencies are not within the Service Provider’s direct control. In the rare event that the Service Provider is unable to deliver the promised service due to such dependencies or unforeseen technical failures, a refund of the paid amount may be issued at the sole discretion of the Service Provider. No further liabilities, damages, or claims shall be entertained beyond the refund amount.

10. Acceptance by Opt-In By opting into or purchasing this Service, the Client confirms that they understand the inherent limitations of AI-generated content and accepts the quality and creative parameters as defined herein. The Client waives the right to dispute creative quality solely on the grounds that it does not match human output expectations.

11. Refunds Policy Refer to Refund Policy Page.

12. Term & Termination As this is a pre-paid service, the Agreement remains in effect only for the duration of the deliverables purchased. The Service Provider may suspend or discontinue access to the Service without notice if the Client violates these Terms, misuses the content, or breaches any applicable law. Termination does not entitle the Client to a refund. All granted rights to use the AI-generated content will cease if usage is found to be in breach of these Terms.

13. Warranties & Disclaimers The Service and all deliverables are provided on an “as is” and “as available” basis. The Service Provider makes no warranties, express or implied, regarding the quality, reliability, accuracy, or suitability of the content, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.

14. Limitation of Liability To the fullest extent permitted by applicable law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from the use of the Service or content provided. Total liability for any claim shall not exceed the amount paid by the Client for the Service.

In cases where the total order value exceeds INR 50,000, the Client acknowledges that substantial effort and AI processing may already be underway prior to delivery. Accordingly, the Service Provider shall not be liable to refund or compensate the Client for such projects in full, and liability in such cases shall be strictly limited to partial recovery (if any) as determined solely by the Service Provider. By purchasing or entering into a service agreement exceeding this amount, the Client fully indemnifies the Service Provider against all residual liabilities arising from partial delivery, changes in client requirements, or dissatisfaction with AI output.

15. Privacy & Data Usage All data, prompts, business details, and media shared by the Client will be used solely for the purpose of generating the content ordered. The Client confirms that they have full rights to share such data and authorizes the Service Provider to process it through third-party AI tools. Data is not sold, redistributed, or used outside the scope of content creation.

16. Acceptable Use Policy The Client agrees not to use the Service to generate or distribute content that is illegal, harmful, discriminatory, misleading, defamatory, obscene, or infringes upon intellectual property rights. Violation of this policy may result in termination of the Service and legal consequences.

Indemnification

The Client agrees to indemnify, defend, and hold harmless the Service Provider, its directors, officers, employees, affiliates, and subcontractors from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising out of:

• the Client’s use or misuse of the AI-generated content,
• false or misleading data supplied by the Client,
• violation of third-party rights (including intellectual property rights),
• and any breach of applicable laws resulting from the Client’s publication or promotion of the content.

Limitation of Liability

To the fullest extent permitted by applicable law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from the use of the Service or content provided.

Force Majeure

The Service Provider shall not be held liable for failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, governmental actions, service disruptions by third-party AI providers, or other unforeseeable events.

Contact Information

If you have any questions or concerns regarding these Terms and Conditions, please contact us at [email protected].

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the jurisdiction of Ahmedabad in Republic of India in which Clapstick Media operates, without regard to its conflict of law provisions.

Legal Disclaimer

While Clapstick Media strives to help your brand achieve significant online presence and engagement, we do not guarantee specific outcomes. Performance metrics mentioned in our advertisements, such as increased engagement rates and sales, are based on historical data and vary depending on numerous factors, including market conditions and client cooperation.

By using our services, you acknowledge and agree that Clapstick Media is not responsible for any claims, losses, or damages resulting from the use or performance of our services. This disclaimer is intended to limit our liability and ensure transparency with our clients regarding the potential risks and variable nature of social media marketing outcomes.

We appreciate your understanding and look forward to helping your brand grow with our expert social media management and content creation services.