Terms of Service
The terms that apply when you use this site, buy a digital product, or engage Crimson Spark Agency for production or consulting work.
1. Acceptance
By using this website, purchasing a digital product from us, or engaging us for a production or consulting project, you agree to these terms. If you do not agree with them, do not use the site or purchase from us.
Crimson Spark Agency ("Crimson Spark", "we", "us") is a creative production and consulting business based in Greater Montreal (Terrebonne), Quebec, Canada.
2. What we provide
- AI film and video production: custom video work produced for a client under a defined scope.
- Consulting and workshops: advisory work and training on AI creative workflows and tooling.
- Digital products: self-serve prompt packs, frameworks, skills and reference materials delivered as downloadable files.
3. Digital products
Digital products are sold and delivered through Payhip. Access is granted immediately after payment.
All sales of digital products are final. Because the files are delivered instantly and cannot be returned once downloaded, we do not offer refunds on digital products, except where a refund is required by applicable law or where a technical fault on our side prevented delivery entirely. If you cannot access a product you paid for, contact us and we will fix the delivery.
When you buy a digital product, you receive a personal, non-exclusive, non-transferable licence to use its contents (including its prompts, templates, sheets and methods) in your own creative work, commercial work included. You may not resell, redistribute, republish, sublicense or share the files themselves, in whole or in part, or present their contents as your own product. Buying one licence covers one person or one business, not a group, a class, or a client roster.
4. Your responsibility for what you create
You are solely responsible for anything you generate, publish or commercialize using our prompts, frameworks, skills, methods or advice, including whether it infringes anyone else's rights.
Our digital products describe techniques and supply prompts for use with third-party AI generation tools. We do not generate, review, approve or control what you produce with them. What comes out depends on the model you run, the inputs you supply, the references you feed it and the choices you make.
Accordingly, Crimson Spark accepts no liability for any copyright, trademark, personality, moral-rights, publicity or other intellectual property claim arising from content you create, publish or sell using our products, methods or guidance. That includes, without limitation, situations where you prompt a model to imitate an identifiable artist, brand, character, logo, product design or real person, where you supply reference material you do not own the rights to, or where the model you use produces output resembling protected material.
Before publishing or commercializing AI-generated content, it is your responsibility to confirm you have the rights you need, to comply with the terms of service of whichever AI tools you used, and to comply with the disclosure and labelling laws applicable in your jurisdiction. If you are unsure, seek legal advice from a qualified professional in your territory.
5. No financial, investment, legal or tax advice
Nothing on this website, in our digital products, in our workshops, or in any consulting session constitutes financial, investment, accounting, tax or legal advice, and none of it should be relied upon as such. We are a creative production and AI workflow consultancy. We are not licensed financial advisors, accountants or lawyers.
Where we discuss pricing, costs, rates, budgets, market conditions, tooling spend or business outcomes, we are describing our own experience and general practice, not advising you on your financial affairs. Decisions you take about your own business, spending or investments are yours. Consult a qualified professional before acting on anything of that nature.
6. No drone operations, no aerial services
Crimson Spark does not own, operate, pilot, rent or contract drones or any other aircraft, and does not provide aerial photography, aerial videography, surveying or any other drone-based service.
Any content we produce or sell that appears to be aerial or drone footage (including, without limitation, the Frozen Drone Prompt Pack and any comparable product or portfolio piece) is entirely AI-generated synthetic imagery. No real aircraft is flown, and no real location is filmed, to make it.
We therefore make no representation and accept no liability regarding drone piloting, drone certification, airspace authorization, aviation regulations, privacy law applicable to aerial capture, or any other matter connected to operating real drones, in Canada or anywhere else. If you intend to fly a real drone, that activity and its regulatory compliance are entirely your responsibility.
7. Production and consulting engagements
Custom production and consulting work is governed by the written scope, quote or proposal agreed for that specific engagement: deliverables, revision rounds, timeline, fees and payment schedule are defined there. Where anything in that written agreement conflicts with these terms, the engagement-specific agreement governs for that project.
Creative work is subjective. We deliver against the agreed scope, not against an unstated expectation. Revisions beyond the number included in the agreed scope are quoted separately. Delays caused by late feedback, late asset delivery or scope changes on the client's side move the timeline accordingly.
8. No guarantee of results
We do not guarantee any specific business, commercial or performance outcome from our work or our products. Nothing we deliver is a promise of views, engagement, reach, leads, conversions, sales, revenue, rankings or any other metric. Anything we show or describe about past work reflects that project's circumstances, not a forecast of yours.
9. Intellectual property
The Crimson Spark name, logo, website content, frameworks, skills, methods and product materials are our intellectual property, and remain ours. Buying a product or engaging our services does not transfer ownership of them to you.
Rights in the deliverables produced for a client under a production engagement are assigned as set out in that engagement's written agreement. Unless that agreement says otherwise, we retain the right to display the work in our portfolio and marketing materials.
10. Limitation of liability
The website, the digital products and our services are provided on an "as is" and "as available" basis, without warranties of any kind beyond those that cannot lawfully be excluded.
To the fullest extent permitted by law, Crimson Spark's total aggregate liability arising out of or relating to these terms, the website, any digital product or any engagement is limited to the amount you actually paid us for the specific product or engagement giving rise to the claim.
To the fullest extent permitted by law, we are not liable for indirect, incidental, consequential, special, exemplary or punitive damages, nor for lost profits, lost revenue, lost business opportunity, lost data, reputational harm, or the cost of substitute services, even if we were advised such damages were possible.
Nothing in these terms excludes or limits liability that cannot be excluded or limited under Quebec or Canadian law, including under the Consumer Protection Act where it applies.
11. Indemnification
You agree to indemnify and hold harmless Crimson Spark Agency and Gabriel Brien from any claim, demand, proceeding, loss, damage, cost or expense (including reasonable legal fees) brought by a third party and arising from your use of our products, methods or services, from content you generate or publish using them, or from your breach of these terms.
12. Third-party platforms and tools
Our products reference and depend on third-party AI tools, models and platforms that we do not control. Purchases run through Payhip, call bookings through Cal.com, hosting through Netlify. Each has its own terms and privacy practices, and each can change its pricing, capabilities, availability or terms at any time without notice to us.
We are not responsible for a third-party platform's outages, changes, policy decisions, account suspensions, pricing changes or discontinuation, including where that affects your ability to use a technique described in one of our products.
13. Acceptable use
You may not use this site or our products to produce or distribute content that is unlawful, defamatory, hateful, harassing, sexually exploitative, or that depicts identifiable individuals without their consent in a manner that misleads or harms them. You may not use our materials to build a competing product that repackages our frameworks, prompts or methods.
14. Privacy
Personal information is handled as described in our Privacy Policy, which forms part of these terms.
15. Changes to these terms
We may update these terms as our business and obligations change. The "last updated" date at the top of this page reflects the current version. Changes take effect when posted here; the terms in force at the time of your purchase or engagement govern that purchase or engagement.
16. Governing law
These terms are governed by the laws of the Province of Quebec and the laws of Canada applicable there. Any dispute arising from them falls under the exclusive jurisdiction of the courts of the judicial district of Montreal, Quebec, except where applicable consumer protection law gives you the right to proceed elsewhere.
17. Contact
Questions about these terms go to hello@crimsonsparkagency.com.