Terms & Conditions
1. Definitions and interpretation
For the purposes of these Terms of Service (“Terms”), the following definitions apply. Capitalized terms used but not defined elsewhere in these Terms shall have the meanings set out below. These definitions are intended to remove ambiguity and shall apply equally to singular/plural forms and to any grammatical variations of the defined terms.
“Phlow”, “we”, “us”, or “our” means the visual production studio operating under the name “Phlow”, providing the Services described in these Terms.
“Client”, “you”, or “your” means any individual, company, brand, agency, or other legal entity that (i) accesses our website, (ii) contacts us, (iii) requests a quotation, (iv) submits materials, (v) commissions Services, and/or (vi) pays for any Services.
“Services” means any product imagery, visual production, creative production, content preparation, and related deliverables provided by Phlow, whether offered on a project basis or via subscription, including but not limited to studio-style images, lifestyle images, visual refinements, formatting, and other outputs as described in a Scope of Work.
“Project” means a one-time engagement for a defined set of Deliverables, with a defined Scope of Work, fee, and estimated timeline, typically paid upfront or according to agreed milestones.
“Subscription” means an ongoing monthly service plan under which Phlow provides Deliverables up to certain monthly limits and under defined conditions, billed on a recurring basis.
“Scope of Work” (or “SOW”) means the written description of Deliverables, constraints, assumptions, timelines, and fees agreed between Phlow and the Client, whether provided via proposal, email, order page, invoice notes, or other written confirmation. The Scope of Work is incorporated by reference into these Terms. Where a Scope of Work conflicts with these Terms, the Scope of Work will prevail only with respect to the specific engagement it covers, and only to the extent of the conflict.
“Deliverables” means the final output(s) provided by Phlow to the Client under a Project or Subscription, typically including final image files in agreed formats. Deliverables do not include editable source files, project files, internal drafts, internal prompts, internal workflows, or any production tooling unless explicitly stated in writing.
“Client Materials” means any materials provided by the Client or on the Client’s behalf, including but not limited to product photos, reference images, brand guidelines, logos, packaging designs, copy, product specifications, colors, claims, trademarks, and any other assets or information used to produce Deliverables.
“Third-Party Materials” means any assets, content, or rights owned by a party other than Phlow or the Client, including marketplace templates, licensed fonts, stock assets, or any platform-specific resources. If Third-Party Materials are involved, their use may be subject to separate licensing terms that are outside Phlow’s control.
“Business Day(s)” means any day other than Saturday, Sunday, and Italian public holidays.
“Minor Imperfections” means small visual artifacts, micro-inconsistencies, or subtle deviations that may occur as an inherent byproduct of modern digital production workflows (including AI-assisted generation), and which do not materially prevent commercially reasonable use of the Deliverables for the agreed purpose. Minor Imperfections may include, by way of example only, subtle texture irregularities, very small edge artifacts, micro-reflection anomalies, or similar low-impact imperfections that are not readily visible under typical commercial use conditions.
Interpretation rules. Headings are for convenience only and do not affect interpretation. The words “including” and “in particular” shall not limit the generality of any preceding words. References to “written” include email and other text-based electronic communications. Where these Terms require something to be “in writing”, it must be explicitly confirmed by Phlow via email or other written channel.
2. Acceptance of terms
These Terms form a legally binding agreement between the Client and Phlow.
The Client accepts and agrees to be bound by these Terms at the earliest of the following events: (i) submitting a request for Services through our website or any intake form, (ii) providing Client Materials to Phlow for the purpose of initiating or progressing a Project or Subscription, (iii) approving a proposal, quote, Scope of Work, or invoice, (iv) making any payment to Phlow (including deposits, upfront fees, or subscription payments), or (v) otherwise instructing Phlow to begin work.
The Client represents and warrants that they have the legal capacity to enter into this agreement and, where acting on behalf of a company or other entity, that they have the authority to bind that entity.
If the Client does not agree to these Terms, the Client must not commission Services, submit Client Materials for production purposes, or make payment.
These Terms apply to all engagements unless the parties have executed a separate written agreement signed by both parties. Any separate agreement, if executed, will supersede these Terms only to the extent explicitly stated.
3. Scope of services
Phlow provides product imagery and related visual production services intended to help Clients present physical products clearly, consistently, and professionally across e-commerce, marketplaces, advertising, and marketing channels.
Unless otherwise specified in a Scope of Work, the Services may include: (i) creation of studio-style product images, (ii) creation of lifestyle images using plausible real-world contexts, (iii) visual refinements to achieve consistency and commercial usability, (iv) formatting and export of final assets in common delivery formats (e.g., PNG, JPG, WebP), and (v) basic alignment with Client-provided brand direction.
The Client acknowledges and agrees that Services are delivered within a defined scope. Phlow is engaged to produce Deliverables, not to provide business consulting, legal advice, regulatory compliance services, or platform policy consulting. Without limitation, Phlow does not warrant that Deliverables will comply with any specific marketplace policy (such as Amazon image rules) unless such compliance is explicitly included in the Scope of Work. The Client remains responsible for ensuring that their listings, claims, and usage comply with applicable laws and platform rules.
Phlow’s Services do not include physical photography sessions, shipping logistics, product handling, or in-person production, unless expressly agreed in writing. Phlow generally produces outputs using Client Materials as references and inputs, and therefore the accuracy and quality of Deliverables may depend materially on the quality, completeness, and truthfulness of the Client Materials.
Where the Client requests outputs requiring specific technical constraints (e.g., exact aspect ratios, file sizes, background colors, resolution targets, or composition conventions), such constraints must be stated prior to production. Unless expressly stated, Phlow may select commercially reasonable defaults consistent with industry practice.
4. Nature of the production process
The Client acknowledges that Phlow is a creative production studio providing professional services. Unlike a self-serve software tool, Phlow’s Services involve human-led production decisions, creative judgment, and an end-to-end workflow that may include planning, selection, generation, editing, refinement, and quality control.
Because creative production necessarily involves subjective elements, the Client agrees that aesthetic preferences and creative taste alone are not, by themselves, evidence of non-delivery or breach, provided that Phlow has delivered Deliverables substantially consistent with the agreed Scope of Work and the Client’s approved direction.
Phlow operates on a “defined scope” basis. The Client understands that clear boundaries are necessary to ensure predictable delivery and to avoid scope creep. Accordingly, any request that materially changes the agreed direction, adds new products or variants, expands contexts or scenes beyond what was agreed, or requires additional deliverables not included in the Scope of Work, may require a revised quote, additional fees, and/or extended timelines.
Phlow’s obligation is to produce Deliverables that are commercially usable, visually coherent, and aligned with the agreed direction, not to guarantee perfection under all possible zoom levels or every subjective standard. The Client acknowledges that commercial imagery is evaluated in context (e.g., product pages, ads, listings) and that Deliverables are intended to function effectively in those contexts.
Phlow may use internal tools, templates, workflows, and production methods to deliver Services efficiently and consistently. These internal production methods are not part of the Deliverables and are not transferred to the Client unless explicitly agreed.
5. AI-assisted workflow and human review
5.1 Use of AI-assisted technologies
The Client acknowledges and agrees that Phlow may use AI-assisted technologies as part of its production workflow. “AI-assisted” means that Phlow may use artificial intelligence systems to support certain stages of production, such as generating candidate visual outputs, enhancing details, harmonizing lighting, improving consistency, or otherwise accelerating and improving the visual production process.
The Client expressly accepts that the use of AI-assisted technologies is a core component of Phlow’s workflow and that Phlow is not required to disclose specific tools, model names, prompts, internal parameters, or proprietary production details. Such information constitutes internal production methodology and trade know-how.
5.2 Human supervision, curation, and refinement
The Client further acknowledges that all deliverables are subject to human supervision, selection, and refinement. Phlow applies human-led quality control, including review for visual coherence, commercial usability, alignment with the Client’s direction, and reasonable consistency with Client Materials.
Human review does not mean that Deliverables are guaranteed to be free from all imperfections, nor does it create an obligation to achieve pixel-perfect replication of any reference. Human review means that Phlow applies professional judgment to deliver outputs that are fit for intended commercial use under the agreed scope.
5.3 Acceptance of minor imperfections
The Client acknowledges that AI-assisted visual production is probabilistic by nature and that even with human review, final Deliverables may contain Minor Imperfections. The Client agrees that Minor Imperfections are an inherent and acceptable characteristic of AI-assisted workflows and do not constitute a defect, non-conformity, or failure to deliver, provided that the Deliverables are substantially consistent with the Scope of Work and the approved direction.
For avoidance of doubt, Minor Imperfections may include subtle artifacts that do not materially affect the commercial usability of the Deliverables. If the Client requires extremely strict technical standards (for example, certain regulated medical or scientific imaging contexts), the Client must disclose such requirements prior to engagement; otherwise, Phlow will assume standard commercial imaging requirements.
5.4 No disputes solely based on AI use
The Client agrees that they may not dispute, refuse payment, demand a refund, or otherwise claim breach solely on the basis that Deliverables were produced using AI-assisted technologies. The relevant performance standard is whether Phlow delivered the agreed Deliverables substantially consistent with the Scope of Work, not whether AI was used as part of production.
5.5 Client instructions and ethical/legal constraints
Phlow will not knowingly produce Deliverables that require unlawful use of Client Materials, infringe third-party rights, or facilitate deception (for example, knowingly misrepresenting product characteristics that are materially false). Phlow may request clarification, additional references, or adjustments to the scope where necessary to ensure reasonable alignment with lawful and ethical production.
6. Client responsibilities and representations
The Client plays a fundamental role in the success, accuracy, and efficiency of the Services. By engaging Phlow, the Client expressly acknowledges and agrees to fulfill the following responsibilities and representations.
The Client agrees to provide complete, accurate, and truthful information regarding the product(s), brand positioning, usage context, technical specifications, and any other elements relevant to the production of Deliverables. The Client further agrees that any omission, inaccuracy, or misrepresentation in the information provided may directly impact the final outcome and that Phlow shall not be liable for any resulting inconsistencies or limitations in the Deliverables.
The Client represents and warrants that they either own or have secured all necessary rights, permissions, and licenses to use, share, and authorize Phlow to use any Client Materials submitted for production purposes. This includes, without limitation, product images, logos, brand assets, packaging visuals, claims, reference photos, marketing copy, and any third-party content incorporated into the project.
The Client further represents that the Client Materials do not:
infringe any intellectual property rights of third parties;
violate any privacy or publicity rights;
contain unlawful, defamatory, misleading, or deceptive elements;
breach platform rules, regulatory frameworks, or applicable advertising laws.
Phlow shall be entitled to rely on the accuracy and legality of Client-provided materials and is not obligated to independently verify ownership, authenticity, or legal compliance.
The Client agrees to provide timely responses to questions, approvals, and feedback requests. Delays in providing feedback, approvals, or required materials may directly impact production timelines, delivery schedules, and resource allocation. Phlow shall not be held responsible for delays resulting from Client inactivity or slow communication.
The Client acknowledges that the quality of Deliverables is materially influenced by the quality of input materials and direction provided. Where Client Materials are low-resolution, poorly lit, incomplete, or otherwise limited, the Client accepts that such limitations may affect the final result.
7. Client materials and third-party content
All Client Materials remain the property of the Client or their respective rightful owners. By submitting Client Materials to Phlow, the Client grants Phlow a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, process, adapt, and modify such materials solely for the purpose of producing Deliverables and fulfilling the Services.
This license remains in effect for the duration necessary to complete the Project or Subscription and for any reasonable archival purposes, unless the Client explicitly requests deletion in writing following project completion.
The Client acknowledges that Deliverables may incorporate elements derived from Client Materials and that the accuracy, realism, and representation of the product will depend on such materials.
Where the Client provides Third-Party Materials, including licensed images, stock assets, packaging templates, or brand assets not owned by the Client, the Client is solely responsible for ensuring that all necessary permissions, sublicenses, and usage rights are in place. Phlow shall not be liable for any claims arising from unauthorized use of Third-Party Materials provided by the Client.
Phlow reserves the right to refuse or remove any Client Materials that:
appear unlawful or deceptive;
are technically unusable;
conflict with ethical production standards;
present a significant legal or reputational risk.
Phlow does not assume responsibility for storing Client Materials indefinitely. The Client is responsible for maintaining their own copies. Phlow may delete archived materials after a reasonable period following project completion.
8. Project scope, deliverables and revisions
Each Project or Subscription engagement operates within a defined Scope of Work. The Scope defines the number and type of Deliverables, expected visual direction, and any constraints agreed prior to production.
The Client acknowledges that Deliverables are not open-ended and that Phlow is not obligated to produce unlimited variations, alternative concepts, or additional outputs beyond those explicitly included in the Scope of Work.
Revisions are intended as refinements within the agreed creative direction and may include adjustments to composition, lighting balance, minor visual elements, or alignment with feedback. Revisions do not include:
entirely new concepts;
new product variations not previously included;
substantial rethinking of the visual approach;
additional scenes or use cases outside the original scope;
retroactive changes to previously approved direction.
Phlow retains sole discretion to determine whether a request constitutes a revision or a new request. Where a request exceeds the revision scope, Phlow may provide an additional quote, revised timeline, or decline the request.
Repeated revision requests that materially shift direction or create production inefficiencies may be treated as scope expansion. The Client acknowledges that production resources are allocated based on agreed scope and that unlimited revision cycles are not included unless expressly agreed.
9. Delivery timelines and client delays
Any delivery timelines provided by Phlow are estimates based on reasonable assumptions regarding scope clarity, input quality, and Client responsiveness.
The Client acknowledges that timelines may be affected by:
delays in providing materials;
incomplete or inconsistent instructions;
extended feedback cycles;
changes to scope or direction;
unforeseen technical constraints.
Where delays are caused by the Client, Phlow reserves the right to:
adjust delivery timelines;
re-prioritize resources;
place the Project on hold until required inputs are provided.
Phlow shall not be liable for missed launch dates, campaign deadlines, or platform deadlines resulting from Client delays or late approvals.
If the Client becomes unresponsive for an extended period, Phlow may pause production. Resuming work may require revised timelines or additional scheduling coordination.
10. Subscriptions and ongoing services
Where the Client engages Phlow through a Subscription model, the following conditions apply.
Subscriptions provide access to a defined volume of Deliverables per billing cycle, typically monthly. The exact limits, types of outputs, and prioritization rules are specified in the applicable plan description or Scope of Work.
Unused capacity within a billing cycle does not automatically roll over unless explicitly stated in writing. The Client acknowledges that subscriptions allocate production resources on an ongoing basis and that availability is reserved accordingly.
Subscription services focus on one or more products per cycle, depending on the plan. Requests that exceed defined limits may require additional billing or scheduling into a subsequent cycle.
Delivery prioritization may vary based on plan level, workload, and operational constraints. Phlow retains discretion in scheduling production tasks to maintain consistency and quality.
Subscriptions renew automatically at the end of each billing cycle unless cancelled in accordance with the agreed cancellation policy. Cancellation requests must be submitted before the next billing cycle begins. Work already scheduled or in progress at the time of cancellation may still be delivered and billed.
Phlow reserves the right to modify subscription structures, pricing, or delivery parameters with reasonable notice, provided such changes do not retroactively affect already-paid billing periods.
Subscriptions do not guarantee immediate turnaround, unlimited capacity, or dedicated real-time production unless explicitly stated. They provide structured access to ongoing production within defined operational limits.
11. Fees, payments and billing
All Services provided by Phlow are subject to fees as specified in the applicable Scope of Work, proposal, order page, invoice, or subscription plan.
Unless otherwise agreed in writing, Projects are billed upfront prior to the commencement of production. Subscriptions are billed on a recurring basis, typically monthly, in advance of the applicable billing cycle.
The Client agrees to pay all fees in full, in the currency specified at the time of purchase. Any bank charges, currency conversion fees, transaction fees, or payment processor costs are the responsibility of the Client unless otherwise agreed.
Where taxes, VAT, or other statutory charges apply, such amounts shall be added where required by law and are the responsibility of the Client.
Phlow reserves the right to suspend work or withhold Deliverables where payment is delayed, incomplete, or disputed. Delivery timelines shall automatically pause until payment is received and confirmed.
Invoices are due according to the payment terms stated therein. Failure to pay within the specified timeframe may result in:
suspension of Services;
cancellation of ongoing work;
revocation of usage rights to Deliverables until payment is completed;
application of late payment charges where legally permissible.
Phlow is not obligated to begin or continue work until financial arrangements are satisfied.
12. Refunds, chargebacks and payment disputes
Due to the nature of creative and production services, all payments are generally non-refundable once production has commenced, resources have been allocated, or Deliverables have been produced.
Refund requests, if any, will be evaluated on a case-by-case basis and only where Phlow has demonstrably failed to deliver substantially in accordance with the agreed Scope of Work.
The Client agrees not to initiate chargebacks, payment reversals, or disputes through financial institutions without first contacting Phlow in good faith to attempt resolution.
Initiating a chargeback after Deliverables have been produced, delivered, or approved constitutes a material breach of these Terms.
In such cases, Phlow reserves the right to:
suspend all Services;
revoke or terminate usage rights for the Deliverables;
pursue recovery of outstanding amounts;
recover reasonable administrative and legal costs associated with the dispute.
The Client acknowledges that digital Deliverables, once delivered, cannot be “returned” in the same way as physical goods and that refund standards differ accordingly.
13. Intellectual property and licensing
Unless otherwise agreed in writing, Phlow retains ownership of all intellectual property associated with its production methods, creative processes, workflows, templates, internal tools, and production know-how.
Upon full payment, the Client is granted a non-exclusive, perpetual, worldwide license to use the final Deliverables for commercial purposes consistent with the Scope of Work, including use in:
e-commerce listings;
advertising campaigns;
brand marketing;
social media;
website and digital promotion.
This license does not transfer ownership of the underlying production processes, source workflows, prompts, internal project files, or intermediate assets.
The Client may not:
resell Deliverables as standalone digital products;
sublicense Deliverables to third parties as stock assets;
use Deliverables to train machine learning or AI models without written consent;
claim authorship of production methodology or misrepresent how the Deliverables were created.
Any unauthorized use beyond the granted license constitutes infringement and may result in termination of usage rights.
14. Portfolio use and attribution
The Client acknowledges and agrees that Phlow retains the right to display completed Deliverables for the purposes of:
portfolio presentation;
marketing;
website content;
case studies;
internal presentations.
Such use shall be limited to demonstrating Phlow’s production capabilities and shall not involve disclosure of confidential business information beyond what is visually apparent in the Deliverables themselves.
If the Client requires confidentiality regarding specific Deliverables, this must be agreed in writing prior to production. Phlow is not obligated to retroactively remove previously displayed work unless required by law or mutual written agreement.
Where commercially appropriate, Phlow may include attribution such as “visual production by Phlow” in case studies or presentations, though no obligation exists to include visible attribution in the Deliverables themselves.
15. Confidentiality
Phlow recognizes the importance of protecting confidential information shared during the course of a Project or Subscription.
“Confidential Information” includes non-public information disclosed by the Client relating to products, strategies, launches, pricing, positioning, or other sensitive commercial data.
Phlow agrees to:
use Confidential Information solely for the purpose of providing the Services;
take reasonable measures to prevent unauthorized disclosure;
restrict access to personnel or collaborators only where necessary to deliver the Services.
Confidentiality obligations do not apply to information that:
is already publicly available;
was independently developed without access to the Client’s Confidential Information;
is required to be disclosed by law or legal process.
Phlow does not guarantee indefinite storage of Confidential Information and may delete project data after a reasonable retention period, except where legal obligations require otherwise.
The Client acknowledges that digital communication inherently carries some level of risk and agrees that reasonable security measures, not absolute guarantees, define Phlow’s confidentiality obligations.
16. Warranties and disclaimers
Phlow provides professional visual production services using commercially reasonable skill, care, and judgment. However, the Client acknowledges that creative production, visual interpretation, and image generation (particularly where AI-assisted workflows are involved) are inherently subject to variability, interpretation, and probabilistic outputs.
Accordingly, the Services and Deliverables are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise, except where such warranties cannot be excluded under applicable law.
Without limitation, Phlow does not warrant that:
Deliverables will be completely free of minor visual imperfections;
Deliverables will precisely replicate any real-world photography, lighting, material behavior, or product surface;
Deliverables will meet every subjective aesthetic preference;
Deliverables will comply with any specific marketplace, advertising, or regulatory requirement unless explicitly included in the Scope of Work;
Deliverables will guarantee commercial outcomes, including sales performance, conversion rates, ad performance, or brand perception improvements.
The Client acknowledges that visual assets form only one component of a broader commercial ecosystem and that business performance depends on multiple variables beyond imagery, including pricing, product-market fit, positioning, distribution, copywriting, and advertising strategy.
Where Deliverables are created using Client-provided references, Phlow does not guarantee absolute fidelity to physical reality, material physics, or microscopic product characteristics. Deliverables are intended to be commercially usable representations rather than scientific reproductions.
17. Limitation of liability
To the fullest extent permitted by applicable law, Phlow’s total aggregate liability arising out of or in connection with any Project, Subscription, Deliverables, or these Terms shall not exceed the total amount actually paid by the Client for the specific Services giving rise to the claim.
Phlow shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to:
loss of profits;
loss of revenue;
loss of business opportunities;
reputational harm;
loss of data;
advertising inefficiencies;
missed launch opportunities.
The Client acknowledges that digital visual services are subject to interpretation and context-dependent use, and therefore Phlow cannot control downstream business results.
The Client further agrees that any claim must be brought within a reasonable timeframe following delivery and in no case later than the maximum period permitted by applicable law.
Nothing in these Terms shall exclude liability where such exclusion is prohibited by law, including liability for fraud or intentional misconduct.
18. Indemnification
The Client agrees to defend, indemnify, and hold harmless Phlow, its operators, collaborators, contractors, and partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:
Client Materials that infringe third-party intellectual property rights;
misleading, unlawful, or non-compliant product claims provided by the Client;
unauthorized use of Deliverables by the Client or third parties acting on the Client’s behalf;
regulatory violations relating to the Client’s product or advertising;
misuse, alteration, or manipulation of Deliverables after delivery;
disputes initiated by third parties regarding the Client’s product, branding, or representations.
This indemnification obligation survives termination of the engagement and remains enforceable to the fullest extent permitted by law.
19. Termination and suspension
Either party may terminate a Project or Subscription engagement in writing.
Phlow reserves the right to suspend or terminate Services immediately where:
payment obligations are not met;
the Client engages in abusive, threatening, or inappropriate conduct;
the Client repeatedly violates scope boundaries;
the Client requests unlawful, deceptive, or unethical visual representations;
the Client initiates a chargeback without prior resolution attempt.
In the event of termination:
work completed up to that point may be delivered proportionally to payments received;
outstanding invoices remain payable;
usage rights to Deliverables remain conditional upon full payment;
internal production materials remain the property of Phlow.
Termination does not affect clauses that by their nature should survive, including intellectual property, indemnification, confidentiality, and limitation of liability.
20. Governing law, jurisdiction and miscellaneous
These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to conflict-of-law principles.
Any dispute arising from or relating to these Terms, the Services, or Deliverables shall fall under the jurisdiction of the competent courts in Italy, unless mandatory international consumer protections require otherwise.
These Terms constitute the entire agreement between the Client and Phlow regarding the Services and supersede any prior communications, understandings, or representations.
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
Phlow reserves the right to modify these Terms at any time. Updated versions will be published on the website and will apply prospectively to new engagements. Continued use of Services after updates constitutes acceptance of the revised Terms.
The Client may not assign or transfer rights under these Terms without prior written consent. Phlow may assign operational responsibilities where necessary to deliver Services while remaining responsible for contractual obligations.
For any questions regarding these Terms: hello@phlow.studio