Terms of Service

These Terms govern your use of the website and the production services offered under the Bay Media AI brand. The contracting entity is Bay Radio SL ("Bay Media AI", "we", "us"), a company incorporated in Spain with registered offices at Carrer Cap de la Nao, 135, Jávea, Spain. References to "you" or "Client" mean the individual or entity using our website or commissioning our services.

We produce AI-generated and AI-assisted video, audio, motion, still, and graphic content ("Deliverables") based on a written brief, statement of work, or quote ("SOW") agreed between the parties. Each SOW forms part of these Terms; in case of conflict, the SOW prevails for that specific engagement.

• Fees are stated in the SOW and are exclusive of VAT (IVA) where applicable.
• Unless otherwise agreed, 50% of the fee is due to start production and the balance is due before final delivery of high-resolution masters.
• Late payments accrue interest at the statutory rate under Spanish Law 3/2004 on combating late payment.
• All fees are non-refundable once production has begun.

You may supply us with briefs, scripts, brand assets, logos, images, footage, voice samples, likenesses, and other inputs ("Client Materials"). You warrant that:

• You own or have all necessary rights to provide them to us.
• You hold valid releases from any individuals whose likeness, voice, or performance is captured in the Client Materials, including consent to AI processing, cloning, and re-synthesis.
• The Client Materials do not infringe any third-party intellectual property, privacy, publicity, or moral rights.

You grant us a worldwide, royalty-free licence to use the Client Materials solely to produce the Deliverables.

Subject to full payment of all fees due under the relevant SOW, we assign to you all transferable rights, title, and interest in the final Deliverables for use in your business, including advertising, marketing, social media, web, broadcast, and OTT distribution, in perpetuity and worldwide.

We retain ownership of: (a) all working files, source projects, prompts, model weights, intermediate renders, raw footage, outtakes, and pre-production materials; (b) any pre-existing tools, scripts, pipelines, workflows, code, and know-how used to create the Deliverables ("Bay Media Tools"); and (c) any generic, stylistic, or non-Client-specific elements that could be reused for other clients. You receive a perpetual, non-exclusive licence to use any Bay Media Tools embedded in the Deliverables solely as part of those Deliverables.

Until full payment is received, all rights in the Deliverables remain with us and any use by you is unlicensed.

Deliverables may include AI-generated faces, voices, characters, environments, and motion. You acknowledge that:

• AI outputs can resemble real people or works by coincidence and we make no warranty that any generated likeness is free of third-party rights beyond the Client Materials you supplied.
• Where a Deliverable includes a clone, re-synthesis, or derivative of a real person's face or voice, you are solely responsible for obtaining and retaining written consent from that person.
• You will not use Deliverables to create unlawful deepfakes, non-consensual sexual content, content depicting minors in a sexualised manner, content intended to defraud or deceive in electoral, financial, or judicial contexts, or any content prohibited by Spanish or EU law (including the EU AI Act).

Unless we agree otherwise in writing in the SOW, we may display the Deliverables and the fact that you are our client in our portfolio, case studies, awards submissions, pitches, and marketing channels. If your project requires confidentiality, we will agree this in writing before work begins.

Each SOW specifies the number of revision rounds included. Additional revisions are charged at our then-current rates. You are deemed to have approved a Deliverable when you confirm in writing, publish or distribute it, or fail to provide consolidated feedback within ten (10) business days of delivery.

Each party will keep confidential any non-public information disclosed by the other and use it only to perform under these Terms.

We will perform the services with reasonable skill and care. To the maximum extent permitted by law, the website and Deliverables are otherwise provided "as is" and we disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by Spanish law, our total aggregate liability arising out of or related to a given SOW will not exceed the fees actually paid to us under that SOW in the twelve (12) months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill. Nothing in these Terms limits liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be limited by law.

You will indemnify us against any third-party claim arising from (a) Client Materials, (b) your use of the Deliverables beyond the licence granted, or (c) your breach of Section 6.

Either party may terminate an SOW for material breach if the breach is not cured within fifteen (15) days of written notice. On termination you remain liable for all fees for work performed up to the termination date. Sections 4–7, 9, and 10–14 survive termination.

These Terms are governed by the laws of Spain. The courts of Jávea (Alicante), Spain, have exclusive jurisdiction, save that we may bring proceedings to enforce payment in any competent court where you are established.

Bay Radio SL, Carrer Cap de la Nao, 135, Jávea, Spain. Email: hello@baymedia.ai.