Terms & Conditions

A legal disclaimer

These Terms & Conditions ("Terms") govern your use of the Form & Flow website and the creative services provided by Form & Flow ("we," "our," or "us"). By accessing our website, booking a discovery call, purchasing a membership, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Our Services

Form & Flow provides subscription-based creative services including, but not limited to:

Premium 3D Product Visualization
Product Animation
Motion Graphics
Creative Direction
Marketing Visuals
Product Mockups
Digital Content Creation

Services are provided according to the membership plan selected by the Client.

2. Subscription Memberships

Our services are offered through recurring monthly memberships.

Each membership includes the services, turnaround expectations, and active request limits outlined on our Pricing page.

Unused production time, requests, or revisions do not roll over unless otherwise stated.

Membership features may change from time to time as our services evolve.

3. Active Requests

Projects are completed using an active request queue.

The number of active requests available at one time depends on the Client's selected membership.

Requests are generally completed in the order they are received unless otherwise agreed.

Estimated turnaround times are goals based on average project complexity and are not guaranteed delivery dates.

4. Revisions

Reasonable revisions are included with all active memberships.

A revision refers to modifications made to an existing approved creative direction.

Requests involving entirely new concepts, substantial design changes, or expanded project scope may be considered a new request.

5. Client Responsibilities

Clients agree to:

Provide accurate project information.
Supply any necessary assets, brand guidelines, logos, references, or supporting files.
Respond to review requests in a timely manner.
Review and approve deliverables promptly.

Delays in communication or missing project information may affect delivery timelines.

6. Payments

Membership fees are billed in advance on a recurring monthly basis.

Payments are securely processed through our third-party payment provider.

Failure to complete payment may result in suspension or cancellation of services until payment has been received.

Except where required by applicable law, subscription fees are non-refundable once billed.

7. Cancellations

Clients may cancel their membership at any time.

Cancellation will take effect at the end of the current billing period unless otherwise agreed.

No refunds will be provided for partially used billing periods, completed work, or unused subscription time except where required by law.

8. Pause Policy

Where available, Clients may pause their membership in accordance with the terms of their selected plan.

While a membership is paused, new requests cannot be submitted until the membership is reactivated.

9. Intellectual Property

Ownership of final approved deliverables transfers to the Client only after all outstanding invoices relating to those deliverables have been paid in full.

Form & Flow retains ownership of:

Working files
Internal templates
Production workflows
Proprietary processes
Unused concepts
Internal assets developed independently of the Client

Unless otherwise agreed in writing, source files are not included as part of the membership.

10. Portfolio Rights

Unless otherwise agreed in writing, Form & Flow reserves the right to showcase completed, publicly released work within our:

Portfolio
Website
Social media channels
Case studies
Marketing materials
Presentations

If a project is confidential, protected by a Non-Disclosure Agreement (NDA), under embargo, or has not yet been publicly released, Form & Flow will not display the work without the Client's prior written permission.

Clients requiring complete confidentiality should discuss these requirements before work begins.

11. Commercial Usage

Upon full payment, Clients receive commercial usage rights for final approved deliverables.

These rights do not include ownership of Form & Flow's proprietary workflows, templates, production methods, or internal assets unless expressly agreed in writing.

12. Motion Graphics & Creative Direction

Creative work is inherently collaborative.

Lighting, composition, camera movement, animation timing, materials, and other artistic decisions are developed collaboratively throughout the project.

Requests involving significant changes in creative direction after approval may be treated as a new request.

Complex animations, simulations, or large-scale scenes may require multiple request cycles depending on project scope.

13. Turnaround Times

Published turnaround times represent typical delivery expectations.

Actual timelines may vary based on:

Project complexity
Revision rounds
Client response times
Request queue volume
Availability of required assets

Form & Flow will communicate any significant delays as early as possible.

14. Confidentiality

Form & Flow understands that many projects involve confidential information, product concepts, unreleased marketing campaigns, and proprietary business materials.

We will take reasonable measures to protect confidential information provided by the Client.

Unless otherwise agreed in writing, confidential information will not be disclosed to third parties except where required by law.

15. Client-Supplied Materials

Clients are responsible for ensuring they have the legal rights, licenses, or permissions to use any materials supplied to Form & Flow, including:

Logos
Product packaging
Fonts
Images
Product photography
Trademarks
Brand assets
Marketing materials

Form & Flow does not verify ownership of client-supplied materials.

The Client agrees to indemnify and hold harmless Form & Flow from claims arising from materials supplied by the Client that infringe the rights of any third party.

16. Acceptable Use

Clients agree that Form & Flow's services will not be used to create content that:

Violates applicable laws or regulations.
Infringes intellectual property rights.
Contains fraudulent or intentionally misleading information.
Promotes illegal activity.
Contains hateful, discriminatory, defamatory, or abusive material.

Form & Flow reserves the right to decline projects that conflict with applicable laws, these Terms, or our professional standards.

17. Independent Contractor

Form & Flow provides services as an independent contractor.

Nothing contained within these Terms creates a partnership, employment relationship, joint venture, or agency relationship between Form & Flow and the Client.

18. Limitation of Liability

To the fullest extent permitted by applicable law, Form & Flow's total liability arising from or relating to the services provided shall not exceed the total fees paid by the Client during the three (3) months immediately preceding the event giving rise to the claim.

Form & Flow shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, business interruption, or loss of data.

19. Force Majeure

Neither party shall be liable for delays or failure to perform obligations resulting from events beyond their reasonable control, including but not limited to:

Natural disasters
Internet or power outages
Government actions
Labour disputes
Serious illness
Cybersecurity incidents
Failure of third-party service providers
Other unforeseen events beyond reasonable control

Where possible, Form & Flow will communicate any significant delays and resume services as soon as reasonably practicable.

20. Third-Party Services

Our website and services may integrate third-party providers, including website hosting, payment processors, scheduling platforms, analytics providers, and cloud storage services.

Form & Flow is not responsible for the content, policies, or practices of third-party services.

21. Entire Agreement

These Terms & Conditions, together with our Privacy Policy and any written proposals or service agreements accepted by the Client, constitute the entire agreement between Form & Flow and the Client regarding the services provided.

22. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect.

23. Waiver

Failure by Form & Flow to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights available under these Terms.

24. Changes to These Terms

We may update these Terms & Conditions from time to time to reflect changes to our business, services, or legal obligations.

The latest version will always be published on this page with an updated "Last Updated" date.

Continued use of our website or services after changes are published constitutes acceptance of the revised Terms.

25. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

26. Contact

If you have any questions regarding these Terms & Conditions, please contact us.

Form & Flow

danieljolani@formandflow3d.ca

We aim to respond to legal and policy-related inquiries within 2 business days.