Terms of Service: Design and Licensing
1. Introduction
These Terms of Service apply to all design and creative services provided by Jo Petzer/Cosmic Creations (‘the Designer’). By commissioning, accepting, or using any design work created by the Designer, you (‘the Client’) agree to be bound by the terms and conditions outlined below.
2. Intellectual Property and Human-Led Design
[2.1] Originality: Cosmic Creations prides itself on human-led design. We do not utilize Artificial Intelligence (AI) tools for the creation of logos or primary brand identity assets to ensure that your work is uniquely human-crafted and legally eligible for copyright protection.
[2.2] AI Policy for Supporting Assets: In instances where generative AI tools are used, specifically for supplemental elements like product mockups or context-specific imagery, these will be generated using the Client’s own original photography as the source input.
[2.3] Copyright Retention: Unless otherwise agreed upon in writing, the Designer retains the copyright to all original design concepts and source files, as protected under the Berne Convention for the Protection of Literary and Artistic Works (1886).
[2.4] Transfer of Rights: Upon full payment of the agreed-upon project fees, the Client is granted an exclusive, perpetual, and irrevocable license to use the final, approved design for their business purposes. Full copyright ownership will automatically transfer to the Client only in the event of the Designer’s permanent incapacitation or death.
3. Client Use and Permissions
The Client is granted an exclusive, perpetual license to use the final design in the following applications:
[3.1] Brand Identity: Stationery, business cards, signage, and large-format printing.
[3.2] Digital Presence: Company website, affiliate websites, and social media profiles/content.
[3.3] Marketing Materials: Promotional items (merchandise), catalogues, workbooks, and packaging.
[3.4] Trademarking: The Client has full rights to apply for a registered trademark for the design.
[3.5] Authorized Modifications: The Client may resize, change colors (per brand guidelines), adjust transparency, and incorporate the design into textures or patterns, provided the core integrity of the design remains.
4. Prohibited Uses and AI Restrictions
To protect the integrity of the work and prevent legal complications, the Client agrees to the following:
[4.1] No Client-Side AI Processing: The Client shall not input any designs, drafts, or final files created by the Designer into any Artificial Intelligence (AI) image generators, processors, or upscaling engines. Using AI to alter, “re-imagine,” or generate derivative works from the Designer’s files is strictly prohibited.
[4.2] No False Attribution: The Client may not claim to be the creator of the design.
[4.3] Distortion: The Client may not distort, deform, or edit the design in a manner that compromises the professional quality of the original composition.
[4.4] Third-Party Transfer: The Client may not resell the design, license it to other parties, or allow third-party designers to modify the core design without prior written consent from the Designer.
5. License Termination
Cosmic Creations reserves the right to immediately revoke all rights of use if the Client is found in violation of any terms herein. Any reinstatement of rights will be at the sole discretion of the Designer and may be subject to additional penalties based on the severity of the violation.
6. Disclaimer
[6.1] Authenticity: All work is checked against public registries and search tools at the time of delivery to ensure uniqueness.
[6.2] Errors and Omissions: Every effort is made to ensure accuracy; however, all work is provided ‘as is’ and the Designer is not liable for errors in final production once the Client has provided final approval.
For further clarity on usage, or if you have any questions, please make contact.