Terms of Service

1. Introduction & acceptance

These Terms of Service govern your use of VISUAILS and any order you place with us. VISUAILS is operated from Enschede, the Netherlands (KVK 99742993, VAT NL005407575B96). By placing an order, requesting a test sample or otherwise using our service, you agree to these terms. If you do not agree, please do not use the service.

VISUAILS is the trading name of Lucas Snuverink.
Vaarwerkhorst 17, 7531 HK Enschede, the Netherlands
KVK 99742993 · VAT NL005407575B96 · [email protected]

This is our registered and postal address. It is not a visiting address: there is no reception and we do not receive visitors there. All contact goes through email, and post arrives.

Two documents come with these terms and form part of them. Our Privacy Policy covers the data we hold about you. Our Data Processing Agreement covers the opposite direction: material you supply in which a person appears, where you are the controller and we are your processor. You do not need to sign it — placing an order accepts it — and you can request a signed copy at any time.

2. Definitions

• "We", "us", "VISUAILS" — the provider of the service.
• "You", "client" — the individual or business ordering visuals.
• "Visual" — an image or video we produce for you.
• "Source material" — the product photos, images and information you provide.
• "Order" — a request for one or more visuals under these terms.
• "Reserved order" — an order of 10 products or more, which is booked into our calendar and given a reserved delivery date.

3. The service

VISUAILS produces AI-assisted, human-reviewed product visuals — catalog images, lifestyle scenes, and video — from the source material you supply. Every visual is generated through our production and checked by a person before delivery. We aim for consistent, publish-ready results, but visuals are creative work and exact outcomes can vary.

VISUAILS supplies businesses only. This service is for brands, retailers and other businesses, and not for private individuals. When you order we ask you to confirm that you are ordering for a business or profession, and we ask for the evidence that goes with that: a KVK number in the Netherlands, a VAT number we can verify against VIES elsewhere in the EU, and your own registration number outside the EU. Where that evidence is missing we do not refuse the order — we put it on hold, tell you what we need, and start once it is there. Nothing is produced and nothing is invoiced in the meantime.

We ask for a registration number rather than a KVK number because a KVK number only exists in the Netherlands, and a service that demands one does not exclude consumers — it excludes foreign businesses. What matters in law is whether you are acting for your business, which is why your confirmation is the part that counts and the number is what corroborates it.

If you nevertheless order as a consumer, section 10a says what happens: consumer law then applies regardless of what these terms say, because that is not something a contract can sign away.

4. Orders & pricing

Visuals are priced per product, and the rate falls as the number of products in the order rises. Indicative rates are:

• Catalog — €89 per product, falling to €39 from 20 products up. A set of four photos (front, back, a detail close-up and one on-model shot).
• Lifestyle images — €109 per product, falling to €49 from 20 products up. A three-photo carousel.
• The rate between those ends — set out in full on our pricing page. The rate that applies is the one for the total number of products in your order, and it applies to every product in it.
• Video — €69 per clip, the same rate whether it is one clip or twenty. A clip is not in the list above.
• Monthly plans — €390 to €1,690 per month on the monthly term (Starter to Brand), set out in full on our plans page. The yearly term is priced there too.
• Custom work — quoted individually before you commit.
• Brand Model — €450, paid once when the model is designed. Not per visual, not per order, not per year.

New businesses can request one test sample per business, so you can judge our quality before ordering. Prices are confirmed at the time of order. Unless stated otherwise, prices are exclusive of VAT where applicable.

5. Your responsibilities

You are responsible for the source material you upload. By submitting it, you confirm that:

• You own the rights to the product photos and images, or have permission to use them.
• The content does not infringe anyone’s intellectual property, privacy or other rights.
• The content is not illegal, harmful, misleading or otherwise prohibited.

We may decline or stop work on any order that appears to breach these conditions.

6. Delivery

How long an order takes depends on how you order. Individual products run in the normal turnaround: as soon as it is ready (often within a day, sometimes a few days) from the moment we have your photos and your notes. We do not name a delivery date for an individual product, because a date we have not reserved capacity for is not a date. A reserved order runs in a reserved 48-hour window — fully confirmed before you pay, and it holds that place while smaller orders move around it.

Times can still shift with the size and complexity of an order. If a delivery is going to move, we tell you — we would rather say so than let a date pass in silence.

7. Your files & how long we keep them

Three periods are fixed, and they are deliberately different lengths:

• Source material — the photos and files you upload are deleted 90 days after your order closes. If you need us to keep them longer, ask in writing before then and we will agree it with you.
• Delivered visuals — your finished visuals stay in VISUAILS Studio to download for 90 days from delivery; after that they are removed there. We may keep a copy in our own archive, but that is not a guarantee.
• Your order link — the private link you download from works for 90 days after your order closes, then it stops. If you need the files after that, email us and we will send a new link.

Keep your own copy of anything you rely on: after 90 days we cannot guarantee a re-download. Still need older images, get in touch — we check whether they are still with us. How we handle your personal data more generally, including how that private link is protected, is set out in our Privacy Policy.

8. Intellectual property & usage rights

You retain all rights to your own product and brand assets — the source material you provide. Nothing here touches those.

What you get on the delivered visuals, listed rather than summarised. On full payment you receive an exclusive, perpetual, worldwide and royalty-free licence to the visuals we deliver, and it is irrevocable once paid. It is listed item by item on purpose: Dutch law reads a licence like this narrowly, so a power that is not written down is a power you did not get (art. 2(3) Copyright Act). You may:

• reproduce and publish them, in any medium, in print and online, in any size and any file format;
• edit and adapt them — crop, retouch, recolour, add text, cut a frame out of a video, use a detail on its own;
• use them commercially anywhere you sell or advertise: your own shop, marketplaces, paid campaigns, social channels, print, packaging, trade fairs, a physical shop window;
• sublicense them to the parties who work for you — your agency, your photographer, your marketplace, a reseller or distributor who sells your product;
• transfer the licence with your business or brand if it is sold, without asking us.

Nothing in that list expires, and there is no volume limit, no territory limit and no term. You do not have to credit us.

And the part most suppliers do not tell you: on an AI-generated image there may be no copyright at all. Under Dutch and European law a work is protected only if it is a human being’s own intellectual creation. Output that a machine produced from a prompt, with no creative human choices in it, does not meet that test — a Czech court said so in 2023, and the US Copyright Office reached the same conclusion. Our images are not purely machine output: they are composed, corrected and retouched by hand, and that human work does create copyright in the result. But we are not going to tell you we hold something we may not hold. So this clause is built to give you the same practical outcome either way:

• Where copyright does exist in a delivered visual, you get the licence above — exclusive, so nobody else may use that image either.
• Where it does not exist, nobody holds it, which means nobody can stop you. We will not assert any right we do not have, and we will not claim one later.

If you need the copyright transferred rather than licensed — for a trademark filing, an investor’s IP schedule, a due diligence list — say so and we will sign a deed of transfer for the order, free of charge. That is not a formality we can skip: under art. 2(3) of the Copyright Act a transfer needs a signed deed, and a transfer clause in general terms is not valid. Terms that claim to transfer copyright to you by the act of ordering are making a promise the law does not let them keep. This clause does not do that; it gives you a licence that needs no deed, and a deed on request.

What cannot be transferred, by anybody. Moral rights stay with the maker (art. 25 Copyright Act). We waive the right to be named, so you never have to credit us, and we waive our objection to your editing the work — that is what the adaptation right above is for. One thing cannot be waived by law and so is not: the right to object to a distortion of the work that damages the maker’s reputation. In practice that is about using an image to say something it was not made to say, and not about your ordinary editing.

The licence you give us, and where it stops. Making the visuals means copying your photo, cropping it, editing it and sending it to the parties named in our Data Processing Agreement. Every one of those steps needs your permission, because the copyright in that photo is yours and not ours. So you grant VISUAILS a licence to store, copy, crop, edit and adapt the source material you supply, and to submit it to those parties, for the single purpose of producing and delivering your order. That licence is non-exclusive, royalty-free, worldwide in reach only because the infrastructure is, and it lasts no longer than we hold the material under §7. It transfers no ownership. We do not use your material for another client, we do not use it to build a model or a dataset of our own, and we do not use it for a purpose you have not asked for. You may withdraw the licence in writing at any time; we then stop work and delete, and what has already been delivered stays yours to use under this section.

Our portfolio — the one thing we keep back, and why it has to be written down. The licence above is exclusive, and exclusive means exclusive: without this paragraph we would be infringing your rights by showing our own work. So we reserve one narrow right for ourselves, and it is the only carve-out in this section. We may show delivered visuals — never your source material — in our portfolio, in a case study and on our own channels, unless you tell us in writing not to. We may not sell them, licence them to anyone else, or use them to advertise a different product.

Two limits, and the first is the one that matters commercially. If the product in the image is not yet publicly available, we publish nothing until you have launched it or have said yes in writing, whichever comes first — a visual of an unreleased product is your commercial secret before it is our showpiece. And you can withdraw this at any time, in one line by email, also years later and also for work already on our site; we take it down. We are asking rather than assuming, and a supplier who needs a clause to keep showing work a client has asked him to remove has a bigger problem than a portfolio.

One exception, and it is the shared monthly set. Everything above describes an order, where the licence is exclusive. The brand-neutral set that comes with a plan works differently, because the same images go to every brand on a plan: there your licence is non-exclusive. Every power in the list above still applies — reproduce, adapt, use commercially, sublicense, transfer with the business, no volume or territory limit, no term — and so does the AI disclosure. What does not apply is exclusivity: an image you post can appear on another brand, the same way a face from our shared model roster can. We say which set you are getting in the licence file that ships with it, and we do not describe a shared image as exclusive anywhere. Imagery made for your brand alone is a regular order or Editions, and that is exclusive under the paragraphs above. If you cancel, the non-exclusive licence stays on everything you downloaded up to that point — nothing has to come down; you simply stop receiving new sets.

9. Payment & VAT

Payment is handled through our payment provider. Invoices are issued for your records. For EU business customers with a valid VAT number, the reverse-charge mechanism may apply where the conditions are met; otherwise Dutch VAT rules apply. You are responsible for providing accurate billing and VAT details.

A test sample is charged at checkout, because it is a fixed €1. Every other order is placed first and priced second: you send the brief, we confirm the order and the amount, and you pay that amount in full from one payment link in VISUAILS Studio. There are no instalments. We do not hold a production slot, and we do not release finished files, before that payment has reached us.

9a. Subscriptions

A subscription is a standing arrangement under which you receive a fixed number of slots every month, in a week we keep free for you. A slot is one product of one kind: a complete product is a catalog set and a lifestyle carousel, a video slot is one clip. Your plan says how many slots of which kind you get each month; one of the plans also includes video clips, and the largest includes your Brand Model. What each plan contains and what it costs is set out on the pricing page; those figures apply as they stand there at the moment you subscribe.

Filling a slot in, and confirming it. You put what you want made on your list in VISUAILS Studio and add your photos. That costs nothing: an item on the list is a draft. It becomes work when you confirm it, and at that moment one slot of that kind is used. Confirming is what tells us to make it, so an item that is still a draft when your week begins is not made and stays on your list. You can release a confirmed item again, and the slot comes straight back, up to the moment your week starts. After that it is in production.

How it starts. When you subscribe you pay a one-off €1. That is not a first month but the transaction by which your bank issues the mandate — without it nothing can be collected at all. Your first monthly term falls a month later. From then on our payment provider collects the monthly amount automatically under that mandate.

Two terms. The monthly term can be cancelled in any month; there is no minimum duration. The twelve-month term is fixed: it runs for twelve terms and then ends by itself. In return, the yearly term gives four things the monthly one does not — the same reserved week every month, three months of roll-over instead of one, your rate held for twelve months regardless of our price list, and on one of the plans the Brand Model included.

Unused slots. What you have not confirmed in a month rolls over to the next — one month on the monthly term, three months on the yearly term. VISUAILS Studio shows, per kind, the date through which you can still use rolled-over slots. After that they lapse. They do not stack up further: on the monthly term the most you can ever hold is two months of slots, and the oldest ones are always used first. A subscription is capacity reserved in our calendar, and a month that has passed has passed.

Cancelling. You cancel it yourself in VISUAILS Studio; you do not have to email us and there is no notice period. As soon as you cancel we stop the collection, and nothing further is charged. The month you have already paid for remains yours: you can still confirm that month’s slots until the end of it. Slots that rolled over from earlier months do not survive the cancellation, because rolling over is a promise about a following month and after cancelling there is no following month. After that the subscription closes. We do not refund the current month — it has been supplied in the form of capacity held available — and nothing is given in its place.

Pausing. You can pause your subscription yourself. That stops the next collection. Your balance stays where it is and rolls over under the same rule as always, and once you resume, collection starts again from the next term. You do not have to give a new mandate for that.

If a collection fails. We put the subscription on pause and let you know. Your slots stay where they are, but nothing can be confirmed while the month is unpaid. If the payment comes in after all, the subscription carries on as though nothing had happened.

What happens to what has already been made. Everything you had made and delivered during your subscription stays yours under the same usage rights as any other order — see section 8. Cancelling changes nothing about that. How long we keep your files is governed by section 7.

There is a limit on how many subscriptions exist. A subscription is capacity reserved at one studio, and that capacity is finite. We may therefore decline a new subscription when the calendar is full. You find that out before you pay rather than after: if there is no room, you cannot subscribe.

Price changes. We may change the price of a subscription. On the yearly term your rate is unchanged for twelve months. On the monthly term we give at least one full month’s notice of a change, so that you can still cancel before the next collection. We never change a price retroactively.

What a subscription is not. It is not a voucher and not a prepayment against one-off work: each month you buy a fixed number of slots and a place in the calendar, and that place is there even in a month when you order nothing. Anything your plan does not cover — a kind of work it grants no slots for, or more than it grants — can be ordered separately at the ordinary price.

10. Cancellations, refunds and putting it right

Because visuals are produced to your specific brief, work that has already started or been delivered generally cannot be cancelled for a refund.

We ask on every order whether you are happy with what you received. If you are not, tell us what is wrong and we will go through it with you. What we agree from there depends on the problem, and can be a revision, a refund, or credit against your next order. We would rather understand what you actually wanted than work through a fixed number of rounds.

What we agree relates to the brief we worked from; a substantially new direction is a new order rather than a correction. Refunds are at our reasonable discretion and assessed case by case.

10a. Right of withdrawal for consumers

If you order as a consumer — that is, not in the course of a profession or business — a distance contract normally gives you fourteen days to withdraw. Two statutory exceptions apply to our service, and they are set out here because you need to know them before you order.

Made to your specification. Every visual is produced from the product photographs you supply and to the brief you give us. It is therefore made to your specifications and clearly personalised, and for that reason falls outside the right of withdrawal.

A service fully performed. When you place your order we ask you to expressly confirm that we may begin straight away, and to declare that you lose your right of withdrawal once the order has been delivered. We record that confirmation against your order, together with the wording you were shown at the time. Without it we do not start.

As long as nothing has been delivered and you have not given that confirmation, you may withdraw within the cooling-off period at no cost. If you have already paid, you get that money back. Email [email protected] — that is enough, no form is needed.

All of this applies to consumers only. If you order on behalf of a business the right of withdrawal does not apply, and section 10 and the rest of these terms govern instead.

11. Liability limitations

We provide the service with reasonable skill and care, but to the extent permitted by law we are not liable for indirect or consequential losses, lost profits, or losses arising from your use of the visuals. Our total liability for any order is limited to the amount you paid for that order. Nothing in these terms excludes liability that cannot be excluded by law.

What you cover, and its limits. Section 5 is your warranty about the material you send us; this is what happens if that warranty turns out to be wrong. If a third party brings a claim against us because of the source material you supplied, or because of how you have used or published the delivered visuals, you indemnify us against that claim and against the reasonable costs of defending it. That covers three things and nothing beyond them: material you did not have the rights to, a person shown in the material without a basis for using their image, and a publication obligation that rests on you rather than on us — the AI disclosure in our AI Act statement being the obvious example.

Three limits go with it, because an indemnity without them is a clause nobody can act on:

• We tell you promptly. If a claim arrives we notify you without unreasonable delay and pass on what we received, so you can act while it still matters.
• You may run the defence. You may take it over with counsel of your choice, and we will cooperate. We do not settle or admit anything without your written consent, and you do not settle on terms that oblige us to do something without ours.
• It stops where our own conduct starts. This does not cover a claim to the extent it results from our breach of these terms, from our own negligence, or from something we added to the work on our own initiative rather than from your brief.

This section applies to business customers, which under section 3 is everybody we supply. If you nevertheless ordered as a consumer, this section does not apply to you at all — an indemnity of this kind cannot be imposed on a consumer, and a clause that pretended otherwise would be void rather than merely unused.

12. Governing law

These terms are governed by the laws of the Netherlands. Any disputes will be subject to the jurisdiction of the competent Dutch courts, unless mandatory law provides otherwise.

13. Contact

Questions about these terms? Email [email protected] or message us on WhatsApp at +31 6 25436130.