Terms of Service
Effective: 27 September 2025 • Company: SONAMAK LLC (Delaware) • Contact: support@sonamak.org • Notices: legal@sonamak.org • Service of process: delawareinc.com (registered agent) at the registered office address on file with the Delaware Secretary of State.
1) The Service
We produce short advertising videos (typically a 60-second “$300 Video”) using AI generation and human editing. Unless otherwise stated in your Statement of Work (SOW), a $300 Video includes: up to 8 AI-generated shots, one 60-second master edit, captions, background music, a branded end-card, one standard revision, and one character-consistency pass. Client acknowledges that the services utilize generative artificial intelligence (AI) tools to create video assets, which are then subject to human editing and review.
2) Ordering & Payments
- New clients: 100% upfront unless agreed otherwise; returning clients: 50/50.
- Taxes/fees (e.g., platform fees) are passed through where applicable.
- Paid work begins after we receive the brief, required assets, and payment.
3) Timeline & Client Inputs
- Target timeline: pilot shots in ~24 hours; first full cut by ~72 hours.
- Delays or additional time can result from missing inputs, late feedback, or scope changes.
4) Revisions & Acceptance
- Included: one standard revision round (structure/text/music tweaks) and one consistency pass (to keep the on-screen character visually consistent).
- Acceptance occurs on delivery of the final files or after five (5) business days without written rejection specifying objective issues relative to the agreed brief.
5) Refund & “Redo” Policy
If the first cut does not match the written brief, we will redo once at no charge. If, after the included redo, the deliverable still fails to match the written brief, you may request a refund of the service fee within seven (7) days of delivery. Third-party costs (e.g., premium music licenses) are non-refundable once purchased.
6) Likeness, Voice & Consent
- If your project uses a real person’s face or voice, you must obtain a signed consent. If we are to generate/edit your face or staff face(s), we require a Consent ID issued via our consent form.
- We will not impersonate, defame, or use likenesses in political or other sensitive contexts without fresh written consent.
7) Ownership, Licenses & Project Files
- Final exports: You receive a perpetual, non-exclusive license to use the delivered final videos for your brand’s websites, social channels, and paid ads. Transfer to your wholly-owned affiliates is allowed.
- Project files & prompts: Unless explicitly purchased, we retain project files, prompts, templates, and working assets.
- Third-party assets: Music, stock, and fonts remain under their own licenses and terms.
Client Materials — Representations & Warranties
- Rights & releases: Client represents and warrants that it owns, or has all necessary rights, licenses, permissions, and releases for all materials it supplies or instructs us to use (including logos, brand assets, footage, photos, music, fonts, and data), and that such materials do not infringe, misappropriate, or violate any third-party rights or law.
- Likeness & voice: Where a real person’s likeness, voice, or property is used, Client represents that all required consents and releases have been obtained and, if Client requests us to generate or edit a real person’s face/voice, Client will follow the consent workflow and provide a valid Consent ID as described at /policies/consent.php.
- Law & platform rules: Client will not supply unlawful, defamatory, or harmful content and will comply with platform rules and applicable law.
Publicity & Portfolio
Unless otherwise agreed in a signed SOW or the Short-Form Consent prohibits it, we may display the final deliverables (not raw project files) in our portfolio and marketing channels (website, social, proposals). At Client’s reasonable written request, we will remove or anonymize such display within a reasonable time. See the consent summary at /policies/consent.php.
8) Claims, Compliance & Platform Rules
- You are responsible for the truthfulness and substantiation of advertising claims and for required disclosures (e.g., testimonials, typical-results statements).
- Deliverables must comply with applicable laws and platform policies. We may refuse content that violates law or platform rules.
- FTC Endorsements: Client is responsible for compliance with the FTC Endorsement Guides, including clear and conspicuous on-screen disclosures (e.g., “Paid actor”, “Actor portrayal”) when spokespeople or simulated customers are used. We may include such disclosures where required by law or platform policy.
- Synthetic media disclosure: Where required by law or platform policy, we may include a discreet textual disclosure (e.g., “AI-Generated Imagery”). Client remains responsible for complying with any applicable synthetic-media disclosure laws and platform rules.
9) Acceptable Use
No unlawful, defamatory, hateful, pornographic, or infringing materials. No content that violates privacy or publicity rights without consent.
10) Confidentiality
Non-public briefs, pricing, and strategies are confidential. We may use subcontractors bound by confidentiality.
11) Warranties & Disclaimers
We warrant that we will perform services in a professional manner consistent with industry practice. EXCEPT AS EXPRESSLY STATED, THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” WITHOUT OTHER WARRANTIES.
12) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR AGGREGATE LIABILITY IS CAPPED AT THE GREATER OF FEES PAID FOR THE PROJECT OR USD $1,000.
13) Indemnification
- You indemnify us from claims arising out of your supplied materials, your ad claims, or your unlawful use of the deliverables.
- We indemnify you for our willful misuse of a person’s likeness outside the agreed scope.
14) Force Majeure
Neither party is liable for delays or failure due to events beyond reasonable control.
15) Governing Law & Disputes
Informal Resolution (30 days): Before filing arbitration or a lawsuit, the party seeking relief must email a Notice of Dispute to legal@sonamak.org with the claimant’s name, company, contact info, a description of the claim, and requested relief. The parties will work in good faith for 30 days to resolve it.
Arbitration Agreement: Except for the carve-outs below, any dispute arising out of or relating to these Terms or the Services is resolved by binding arbitration on an individual basis. The Federal Arbitration Act governs this section.
Carve-Outs: Either party may (a) bring an individual claim in small-claims court; and (b) seek temporary or injunctive relief in court to protect intellectual property, confidentiality, or security (including misuse of access, scraping, or circumvention).
Administrator, Rules, Seat: For business customers, arbitration is administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat and place of arbitration is Wilmington, Delaware; language English; one neutral arbitrator (three if claimed monetary relief exceeds $1,000,000, excluding fees/costs). If AAA is unavailable, a comparable administrator (e.g., JAMS) with substantially similar rules will be used, or an arbitrator will be appointed under the FAA.
Delegation: The arbitrator has exclusive authority to decide all gateway issues (arbitrability, scope, formation, unconscionability, statute of limitations) except where non-waivable law requires a court to decide.
No Class Actions: Class, collective, consolidated, or representative proceedings are not permitted; relief may be awarded only to the individual party.
Mass-Arbitration Management: If 25 or more similar demands are filed by the same or coordinated counsel, AAA mass-arbitration procedures apply with staged bellwethers, early mediation, and process-arbitrator case-management orders, including batching and fee allocation under the applicable AAA schedule.
Confidentiality & Award: Arbitration filings, evidence, transcripts, and awards are confidential unless disclosure is required by law. The award is final and may be entered as a judgment in any court with jurisdiction.
Governing Law & Forum: Delaware law governs (excluding its conflict-of-laws rules). For the carve-outs above and for entry of judgment on an award, the exclusive venue is the state or federal courts located in Wilmington, Delaware, and each party consents to personal jurisdiction there. The FAA governs enforcement of the arbitration agreement.
16) Changes to These Terms
We may update these Terms. Material changes apply prospectively and will be posted with a new “Effective” date.
17) Contact
support@sonamak.org • legal@sonamak.org