Terms of Service

1.1

These Terms of Service govern the relationship between Flash Motion s.r.o. ("Producer") and any client ("Client") engaging Producer for the creation of animated videos, motion graphics, product animations, explainer videos, promotional videos, and related visual content.

1.2

Individual projects may be initiated and confirmed through written communication between the Parties — including email, Slack, or other agreed-upon channels. Such confirmations are binding under these Terms.

2.1

Producer will provide professional video production services including concept development, scripting, storyboarding, design, motion graphics, animation, sound design, editing, and final video delivery.

2.2

The exact scope, duration, and timeline of each project will be agreed upon before production begins and confirmed in writing.

3.1

The base production rate is agreed in writing on a per-project basis before production begins ("Per-Second Rate"). The total project fee is calculated by multiplying the Per-Second Rate by the final confirmed duration of the delivered video in seconds.

3.2

Format adaptations (e.g. 9:16, 5:4, or additional aspect ratios) are billed at a separate per-second adaptation rate agreed in writing. Each adaptation is billed at this rate for its full duration.

3.3

Projects involving expanded scope, complex design systems, or accelerated timelines may be subject to adjusted pricing, confirmed in writing prior to production.

3.4

Projects requiring accelerated delivery may be subject to a rush fee, confirmed before project commencement.

4.1

Payment is structured in two stages: (a) a non-refundable kickoff fee is due upon project confirmation, before production begins, to secure Producer's schedule and confirm Client's commitment; (b) 100% of the remaining balance is invoiced once the final video duration is confirmed at the final iteration stage, before final files are delivered.

4.2

Final delivery of completed video files and all source files will occur only after both the kickoff fee and the final invoice have been received in full.

4.3

The kickoff fee constitutes a non-refundable advance payment (záloha) once production has commenced. If Client cancels after production has begun, the kickoff fee is retained by Producer as compensation for work performed. This payment is an advance payment and not a deposit (závdavek) within the meaning of the Czech Civil Code.

4.4

Invoices are due within 14 days of issuance unless otherwise agreed in writing. If any invoice remains unpaid after the due date, Producer reserves the right to immediately suspend work on all active projects until the overdue amount is paid in full.

4.5

Client has no right to use, publish, distribute, or otherwise exploit any work product until full payment has been received by Producer.

4.6

Invoices will be issued in USD or EUR as agreed per project. VAT will be applied in accordance with applicable Czech and EU tax law. Client is responsible for any applicable withholding taxes or bank transfer fees.

5.1

The production workflow includes structured approval stages: concept, storyboard, and animation review. Client agrees to provide consolidated feedback at each stage before production advances.

5.2

Once a stage has been approved in writing by Client, any changes to that approved stage will be treated as additional scope and billed separately. This is mandatory and not subject to discretion.

5.3

"Final Delivery" means the date on which Producer sends completed video files to Client via the agreed delivery channel. For 30 days following Final Delivery ("Warranty Period"), Producer will correct — at no additional cost — any technical defects or deviations from approved specifications. This does not apply to creative or subjective changes, or new scope requested by Client.

6.1

Timelines will be estimated based on the agreed scope of each project. Client feedback delays exceeding 5 business days may result in adjusted delivery timelines. Producer will make reasonable efforts to accommodate such delays.

7.1

Upon receipt of full payment, Producer grants Client an exclusive, irrevocable, worldwide, perpetual, royalty-free licence to use, reproduce, modify, distribute, and otherwise exploit all deliverables created under these Terms ("Work Product"), in any medium and for any purpose. Under Czech copyright law, where economic rights may not be fully transferred, this clause shall be construed as the broadest exclusive licence permissible.

7.2

Producer will deliver the Adobe After Effects project file (.aep) together with a list of all third-party plugins used. Client acknowledges that editing source files requires the relevant software licences and plugins to be purchased independently.

7.3

Producer may showcase completed Work Product in portfolios, showreels, case studies, and promotional materials unless Client provides written notice requesting confidentiality prior to or at the time of project delivery. Client may request removal of specific work from public display at any time; Producer will comply within 14 days.

7.4

Producer will not incorporate third-party materials (stock footage, audio, AI-generated content) into Work Product without Client's prior written approval. If generative AI tools are used, Producer will disclose this to Client in writing.

8.1

Both Parties agree to keep confidential any proprietary or non-public information shared during the collaboration. This obligation survives termination of these Terms. Upon termination or upon Client's written request, Producer will promptly return or securely destroy all confidential information of Client.

9.1

Client agrees to provide necessary product access, design assets, brand guidelines, and information required for production in a timely manner, and to provide timely feedback to maintain the agreed production schedule.

9.2

Client is responsible for the accuracy and completeness of all assets and materials provided. If production is carried out based on incorrect or incomplete materials, any rework required will be treated as additional scope and billed accordingly.

10.1

Producer performs all services as an independent contractor. These Terms do not create any partnership, employment, or agency relationship. Producer is solely responsible for all taxes, insurance, and statutory obligations arising from its business activities.

10.2

Producer may engage subcontractors to assist in delivery without Client's prior written consent, provided Producer remains fully responsible for the quality, timeliness, and compliance of all deliverables, and that any subcontractor is bound by confidentiality obligations no less protective than those in Section 8.

11.1

Either Party may terminate the engagement with 30 days' written notice. Projects already approved prior to termination will continue under these Terms unless otherwise mutually agreed.

11.2

Either Party may terminate immediately if the other Party materially breaches these Terms and fails to cure such breach within 15 days of written notice.

11.3

Client may terminate any individual project at any time for convenience upon written notice. Client will pay for all work satisfactorily completed up to the termination date on a pro-rata basis, and Producer will deliver all Work Product and source files created to date.

12.1

Except in cases of gross negligence, wilful misconduct, or breach of intellectual property or confidentiality obligations, neither Party shall be liable for indirect, incidental, or consequential damages.

12.2

Except for the carve-outs above, each Party's total liability shall not exceed the total fees paid or payable in the 12 months preceding the event giving rise to the claim. Claims not brought within two (2) years of the date the claiming Party became aware are permanently barred.

13.1

These Terms shall be governed by and construed in accordance with the laws of the Czech Republic, unless otherwise agreed in writing for a specific project. Disputes shall be submitted to the courts of Prague, Czech Republic.

13.2

Any dispute not resolved amicably within 30 days of written notice shall be submitted to mediation before either Party may initiate court proceedings, unless urgent injunctive relief is required.

14.1

To the extent Producer receives or processes any personal data in connection with the services, Producer acts as a data processor on behalf of Client (the data controller). Producer will process personal data only on Client's documented instructions and only to the extent necessary to perform the services.

14.2

Producer will implement appropriate technical and organisational measures to protect personal data. Producer will notify Client within 72 hours of any personal data breach.

14.3

Producer is established in the Czech Republic (EU). Any transfer of personal data outside the EEA will only occur where adequate protection is ensured via EU Standard Contractual Clauses or an adequacy decision by the European Commission.

14.4

Producer uses the following sub-processors as part of its standard workflow: cloud storage (Google Drive), communication tools (Slack, email), and production software (Adobe Creative Cloud). Producer will notify Client of any intended changes.

15.1

All notices must be in writing. Email constitutes valid written notice for all purposes, effective upon confirmed delivery. Producer's contact: info@flashmotion.io

16.1

These Terms constitute the entire agreement between the Parties and supersede all prior discussions or agreements. They may be amended only by written agreement signed by both Parties. Electronic signatures via DocuSign or equivalent platforms are legally binding.

16.2

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.