These Terms of Service (“Terms”) govern your use of the website and services provided by Colony, Inc. (doing business as Colony Creative and Colony). Please read these Terms carefully before using our Services. By accessing or using any part of the Services, you agree to be bound by these Terms.
These Terms apply to all visitors, users, and clients of the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case “you” and “your” shall refer to such entity.
Important: These Terms supplement but do not replace any Master Service Agreement (MSA), Statement of Work (SOW), or other written agreement you may have with Colony for specific project engagements. In the event of a conflict, the terms of any signed project agreement shall prevail.
In Short: By accessing our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Colony, Inc. (doing business as Colony Creative and Colony) (“we,” “us,” or “our”), concerning your access to and use of our website at colonycreative.com as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Services”).
You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Services and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates.
In Short: Colony is a creative agency providing digital design, development, branding, and strategic consulting services.
Colony provides creative and digital services including but not limited to: brand identity and strategy, website design and development, mobile application development, graphic design, digital marketing, content creation, AI-powered solutions, and strategic consulting (collectively, the “Services”). AI-powered solutions may include, but are not limited to: AI-assisted copywriting, image generation, video production, code generation, automation workflows, predictive analytics, and AI-augmented creative development. The specific AI tools and platforms used in any engagement may vary and are subject to the “Use of Artificial Intelligence” section of these Terms.
The specific scope, deliverables, timelines, and fees for any project engagement will be defined in a separate Master Service Agreement (MSA), Statement of Work (SOW), or equivalent written agreement between Colony and the client. In the event of a conflict between these Terms and any such agreement, the terms of the specific project agreement shall prevail.
The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
In Short: We own all content on our Services. Project deliverable ownership is governed by individual client agreements.
Unless otherwise indicated, the Services and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws.
The Content and Marks are provided on the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Ownership and licensing of creative work, designs, code, and other deliverables produced for client projects are governed by the terms of the applicable Master Service Agreement or Statement of Work between Colony and the client. Generally:
Some deliverables produced by Colony may include content generated in whole or in part using artificial intelligence tools, including but not limited to text, images, video, code, and other creative outputs (“AI-Generated Content”).
Ownership and licensing of AI-Generated Content is subject to the following:
Colony may use generative AI video tools (including but not limited to Google Veo via Google Flow) to produce video content that includes AI-generated human likenesses, environments, or other visual elements. With respect to such content:
In Short: You may not use our Services for anything other than their intended purpose. Misuse is prohibited.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
In Short: Payment terms for project work are defined in individual client agreements. General billing policies are outlined here.
Specific payment schedules, rates, and terms for project engagements are defined in the applicable Master Service Agreement, Statement of Work, or project proposal between Colony and the client.
General payment terms include:
You agree to provide current, complete, and accurate billing information for all transactions. You agree to promptly update your account and payment information so that we can complete your transactions and contact you as needed.
In Short: Either party may terminate a project engagement subject to the terms in their specific agreement and applicable notice periods.
Project cancellation and termination terms are governed by the applicable Master Service Agreement or Statement of Work. General provisions include:
In Short: Our Services are provided “as is.” We do not guarantee specific outcomes from creative work.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
COLONY USES ARTIFICIAL INTELLIGENCE TOOLS AS PART OF ITS CREATIVE AND TECHNICAL WORKFLOW. AI-GENERATED OUTPUTS, INCLUDING TEXT, IMAGES, VIDEO, CODE, AND OTHER CONTENT, MAY CONTAIN ERRORS, INACCURACIES, OMISSIONS, BIAS, OR CONTENT THAT REQUIRES HUMAN REVIEW AND EDITING BEFORE USE. COLONY DOES NOT WARRANT THAT ANY AI-GENERATED CONTENT IS ACCURATE, COMPLETE, ORIGINAL, OR FIT FOR ANY PARTICULAR PURPOSE. ALL AI-ASSISTED DELIVERABLES ARE SUBJECT TO HUMAN REVIEW BY COLONY PRIOR TO DELIVERY; HOWEVER, CLIENTS BEAR SOLE RESPONSIBILITY FOR FINAL REVIEW, APPROVAL, AND ANY REGULATORY OR COMPLIANCE ASSESSMENT BEFORE PUBLISHING OR DEPLOYING SUCH CONTENT.
META, GOOGLE, YOUTUBE, AND OTHER ADVERTISING PLATFORMS HAVE THEIR OWN POLICIES REGARDING THE DISCLOSURE AND USE OF AI-GENERATED CONTENT IN PAID ADVERTISING. COLONY IS NOT RESPONSIBLE FOR ENSURING COMPLIANCE WITH THIRD-PARTY AD PLATFORM POLICIES. CLIENTS ARE SOLELY RESPONSIBLE FOR REVIEWING AND COMPLYING WITH THE POLICIES OF ANY PLATFORM ON WHICH COLONY-PRODUCED CONTENT IS PUBLISHED OR PROMOTED, INCLUDING ANY REQUIREMENTS TO DISCLOSE AI-GENERATED OR AI-ASSISTED CONTENT.
COLONY RELIES IN PART ON THIRD-PARTY AI PLATFORMS AND TOOLS — SOME OF WHICH ARE IN BETA OR EXPERIMENTAL STAGES (INCLUDING GOOGLE LABS PRODUCTS SUCH AS GOOGLE VEO VIA GOOGLE FLOW) — TO DELIVER CERTAIN SERVICES. COLONY IS NOT RESPONSIBLE FOR CHANGES TO, DEPRECATION OF, OR DISRUPTION IN THIRD-PARTY AI PLATFORMS. IN THE EVENT THAT A THIRD-PARTY AI TOOL BECOMES UNAVAILABLE, CHANGES ITS CAPABILITIES, OR ALTERS ITS TERMS OF SERVICE IN A WAY THAT AFFECTS DELIVERABLE PRODUCTION, COLONY WILL NOTIFY THE AFFECTED CLIENT AND WORK IN GOOD FAITH TO IDENTIFY ALTERNATIVE APPROACHES. COLONY SHALL NOT BE LIABLE FOR DELAYS OR CHANGES TO DELIVERABLES NECESSITATED BY THIRD-PARTY AI PLATFORM CHANGES OUTSIDE OF COLONY’S CONTROL.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
While we strive for excellence in all creative deliverables, we do not guarantee specific business outcomes, revenue results, search engine rankings, conversion rates, or other performance metrics unless explicitly guaranteed in a separate written agreement.
In Short: Our liability is limited to the amount you have paid us for Services in the preceding twelve months.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
In Short: You agree to indemnify and hold Colony harmless from claims arising out of your misuse of our Services.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
In Short: Both parties agree to protect confidential information shared during the course of a project engagement.
During the course of any project engagement, either party may share proprietary or confidential information with the other. Both parties agree to maintain the confidentiality of such information and not to disclose it to any third party without prior written consent, except as required by law.
Confidential information does not include information that:
In the course of delivering Services, Colony may use third-party AI platforms and tools to assist in processing, analyzing, or generating content. Client materials submitted to Colony — including briefs, brand assets, copy, data, and other inputs — may be processed through these AI tools as part of the production workflow. Colony will take reasonable steps to ensure that such tools are used in accordance with the tool provider’s enterprise or business privacy terms where available, and that client materials are not submitted in ways that allow third-party AI providers to use them for model training, where that option can be restricted.
Clients with heightened confidentiality requirements — including those operating under HIPAA, GDPR, or other regulatory frameworks — must notify Colony in writing prior to project commencement, and Colony will work to accommodate those requirements within the applicable project agreement. Colony will not submit Protected Health Information (PHI) to any AI platform without a valid Business Associate Agreement (BAA) in place with that provider.
Specific confidentiality terms, including Non-Disclosure Agreements (NDAs), may be established in individual project agreements and shall take precedence over these general provisions.
In Short: These Terms are governed by the laws of the State of Tennessee. Disputes are resolved through binding arbitration.
These Terms shall be governed by and defined following the laws of the State of Tennessee, United States. Colony, Inc. and yourself irrevocably consent that the courts of Tennessee shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.
Any dispute arising out of or in connection with these Terms of Service, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be held in Nashville, Tennessee. The award of the arbitrator shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction thereof.
The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
These Terms of Service and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Services. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.
Colony’s use of third-party tools, platforms, and services — including artificial intelligence tools — in the production of client deliverables does not create any contractual relationship between the client and such third-party providers, and does not make Colony an agent or representative of any such third party.
In Short: We may update these Terms as necessary. We will notify you of material changes.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change.
Please ensure you check the applicable Terms every time you use our Services so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Services after the date such revised Terms of Service are posted.
In Short: Colony uses a range of AI tools in the production of creative, technical, and strategic deliverables. This section governs how those tools are used and what clients can expect.
Colony views AI as a professional tool — not a replacement for our developers, designers, strategists, or creatives. AI enables rapid iteration, faster turnaround times, and greater dollar-for-dollar value for our clients. Our team remains responsible for all creative direction, quality control, strategy, and final output at every stage of a project. The human expertise, judgment, and craft of Colony’s team is present in every deliverable we produce.
Colony currently utilizes the following categories of AI tools and platforms in service delivery. This list is representative and subject to change as the AI landscape evolves:
Language & Code Generation
Image Generation & Analysis
Video Generation & Production
Automation, Analytics & Infrastructure
Additional AI tools may be used for specific project needs. Colony will disclose AI tool usage upon reasonable written request by a client.
By engaging Colony for Services, clients acknowledge and agree that:
We respect that some clients may have specific restrictions around AI tool usage. Clients who wish to restrict or prohibit the use of specific AI tools or AI-generated content in their project must:
Colony reserves the right to decline engagements where AI restrictions are incompatible with its standard workflow.
Colony’s use of third-party AI tools does not constitute an endorsement of those platforms. Each tool is subject to its own terms of service and privacy policy. Colony is not responsible for changes to third-party AI platforms, including changes to their data handling practices, output quality, availability, or pricing.
If you have questions or comments about these Terms of Service, you may contact us by email at info@colonycreative.com, by phone at 1-629-777-5660, or by post at:
Colony, Inc.