Terms and Conditions
1. ACCEPTANCE OF TERMS AND CONDITIONS
1.1. Binding Agreement
These Terms and Conditions of Service ("Terms," "Terms of Service," or "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Creo Collective Ltd ("Creo," "Company," "we," "us," or "our") governing your access to and use of the Creo platform, including but not limited to mobile applications, web-based applications, application programming interfaces, software development kits, cloud-based services, and related software, content, features, functionalities, and services (collectively, the "Services").
1.2. Express Assent
By accessing, downloading, installing, registering for, or otherwise using any portion of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must immediately discontinue all access to and use of the Services and may not use the Services.
1.3. Modification Rights
The Company reserves the sole and absolute right to modify, amend, or update these Terms at any time, in its sole discretion, with or without prior notice. Material modifications will be communicated to users through commercially reasonable means, which may include posting updated Terms on the Company's website, sending electronic notice to the email address associated with your account, or displaying prominent notices within the Services. Your continued access to or use of the Services following the effective date of any modifications shall constitute your acceptance of and agreement to be bound by the modified Terms. If you do not agree to the modifications, you must immediately cease all use of the Services and terminate your account.
1.4. Supplementary Agreements
Certain features, functionalities, or services may be subject to additional terms, conditions, policies, guidelines, or rules ("Supplementary Terms") that are incorporated herein by reference. In the event of any conflict or inconsistency between these Terms and any Supplementary Terms, the Supplementary Terms shall govern solely with respect to the specific feature, functionality, or service to which they apply, to the extent of such conflict or inconsistency.
1.5. Corporate Authority
If you are accessing or using the Services on behalf of a corporation, partnership, limited liability company, governmental entity, or other legal entity (collectively, "Entity"), you represent and warrant that: (a) you have full legal authority to bind such Entity to these Terms; (b) you have read and understood these Terms; and (c) you agree to these Terms on behalf of such Entity. References to "you" or "your" in these Terms shall refer to both you individually and such Entity, as applicable.
2. ELIGIBILITY REQUIREMENTS AND ACCOUNT REGISTRATION
2.1. Age and Capacity Requirements
You represent and warrant that: (a) you are at least thirteen (13) years of age, or the minimum age required by applicable law in your jurisdiction to use the Services, whichever is greater; (b) you have the legal capacity and authority to enter into these Terms; and (c) your use of the Services does not violate any applicable law, regulation, or agreement to which you are subject. If you are under eighteen (18) years of age, or the age of majority in your jurisdiction, you represent and warrant that you have obtained the express consent of your parent or legal guardian to use the Services, and that your parent or legal guardian has read and agreed to these Terms on your behalf. Access to certain features or services, including without limitation payment processing, premium subscriptions, enterprise services, or age-restricted content, may require you to be eighteen (18) years of age or older, or the age of majority in your jurisdiction.
2.2. Registration Obligations
To access and utilize certain features and functionalities of the Services, you must complete the account registration process and create an account ("Account"). During the registration process, you agree to provide accurate, current, complete, and truthful information about yourself as prompted by the registration form or as otherwise requested by the Company. You further agree to maintain and promptly update your Account information to ensure that it remains accurate, current, and complete at all times.
2.3. Account Security and Responsibility
You are solely and exclusively responsible for: (a) maintaining the strict confidentiality and security of all Account credentials, including but not limited to usernames, passwords, personal identification numbers, authentication codes, security questions, and any other authentication information (collectively, "Account Credentials"); (b) all activities, transactions, and actions that occur under, through, or in connection with your Account, whether or not authorized by you; (c) immediately notifying the Company in writing of any actual or suspected unauthorized access to, use of, or security breach of your Account or Account Credentials; (d) ensuring that you log out and securely close each session when using the Services, particularly when accessing the Services from shared, public, or unsecured computers or networks; (e) using a unique, strong password for your Account and not reusing passwords from other accounts or services; and (f) not sharing, disclosing, or transferring your Account Credentials to any third party, including family members, friends, colleagues, or other persons.
2.4. Liability for Account Activity
You acknowledge and agree that the Company is not responsible or liable for any loss, damage, or harm arising from or relating to any unauthorized access to, use of, or activity conducted through your Account, regardless of whether such access, use, or activity is authorized by you. You may be held legally and financially liable for losses incurred by the Company, other users, or third parties as a direct or indirect result of unauthorized use of your Account or Account Credentials.
2.5. Third-Party Authentication Services
If you choose to register for or access the Services using credentials from a third-party authentication service provider (such as Google LLC, Apple Inc., Meta Platforms, Inc., or other identity providers), you grant the Company permission to access, retrieve, and use information from such third-party service as permitted by the terms and conditions and privacy policies of such third-party service, and to store your authentication credentials from such third-party service solely for the purpose of facilitating your access to the Services. Your use of third-party authentication services is subject to and governed by the terms and conditions, privacy policies, and other agreements of such third-party service providers.
2.6. Account Suspension, Deactivation, and Termination Rights
The Company reserves the absolute right, in its sole and unfettered discretion, to suspend, restrict, deactivate, disable, or terminate your Account, or to refuse, limit, or revoke any and all current or future access to or use of the Services, at any time, with or without cause, with or without prior notice, for any reason or no reason, including but not limited to: (a) actual or suspected violation of these Terms or any Supplementary Terms; (b) actual or suspected violation of any applicable law, regulation, ordinance, or legal requirement; (c) actual or suspected fraudulent, deceptive, abusive, illegal, or harmful activity or conduct; (d) non-payment of any fees or charges owed to the Company; (e) extended periods of Account inactivity; (f) requests by law enforcement agencies, governmental authorities, or court orders; (g) discontinuation or material modification of all or any portion of the Services; or (h) any other reason that the Company determines, in its sole discretion, is necessary, appropriate, or in the best interests of the Company, its users, or third parties.
3. DESCRIPTION AND SCOPE OF SERVICES
3.1. Services Definition
The Services consist of an integrated digital platform designed to connect, empower, and facilitate collaboration among creatives and organisations. Creo enables users to showcase their work, discover talent, manage projects, and engage in professional opportunities within a secure and streamlined environment.
Without limitation, the Services include:
- Portfolio creation and management tools that allow users to build, customise, and share professional profiles and creative portfolios;
- Project facilitation features, enabling users to plan, organise, and collaborate on creative projects from concept to completion;
- Real-time messaging and communication tools for seamless collaboration between individuals and teams;
- File and content sharing capabilities, including version tracking and media storage;
- Video and voice communication features for remote meetings and creative sessions;
- Hiring and talent management processes, allowing users and organisations to post, review, and manage applications for jobs, gigs, and collaborative opportunities;
- Job and opportunity listings, enabling users to provide services, look for paid or collaborative projects, and post new opportunities;
- Project management tools, including task assignment, progress tracking, and milestone setting;
- Integrated payment systems, facilitating secure transactions between clients and service providers;
- AI-assisted project and talent matching, recommending suitable collaborators or projects based on user data and preferences;
- Calendar and scheduling functionalities to coordinate deadlines and meetings;
- Application programming interfaces (APIs) to support integrations with other platforms and third-party tools; and
- Other software, applications, and services provided or made available by the Company.
The Services may be accessed through web browsers, mobile applications, desktop applications, or any other authorised means determined by the Company.
3.2. Service Availability and Uptime
While the Company endeavors to provide continuous and uninterrupted access to the Services, you acknowledge and agree that the Company does not and cannot guarantee that the Services will be available at all times, in all geographic locations, or on all devices, or that access will be uninterrupted, secure, error-free, or free from defects, delays, or failures. The Services may be unavailable, inaccessible, or non-functional due to: (a) scheduled or emergency maintenance, repairs, updates, or upgrades; (b) system failures, hardware malfunctions, software bugs, or technical problems; (c) network congestion, internet outages, or connectivity issues; (d) acts of God, natural disasters, or other force majeure events; (e) cyberattacks, security breaches, or malicious activities; (f) actions or failures of third-party service providers, hosting providers, or infrastructure providers; or (g) other circumstances beyond the Company's reasonable control.
3.3. Right to Modify Services
The Company expressly reserves the right, in its sole discretion, to modify, alter, update, enhance, change, suspend, discontinue, deprecate, or restrict access to all or any portion of the Services, or any features, functionalities, content, or components thereof, at any time, with or without notice, for any reason or no reason, including but not limited to: (a) performing routine or emergency maintenance, repairs, updates, or upgrades; (b) addressing security vulnerabilities, threats, or concerns; (c) complying with legal obligations, regulatory requirements, court orders, or government requests; (d) responding to user feedback, market conditions, or business considerations; (e) improving performance, functionality, or user experience; or (f) making operational, strategic, or business decisions. The Company shall not be liable to you or any third party for any modification, suspension, discontinuation, or restriction of the Services or any portion thereof.
3.4. Beta, Preview, and Experimental Features
The Company may, from time to time, offer certain features, functionalities, or services that are labeled as "beta," "preview," "experimental," "alpha," "test," "pilot," or with similar designations (collectively, "Beta Features"). Beta Features are provided for testing, evaluation, and feedback purposes only, and are not part of the standard Services. Beta Features may contain bugs, errors, defects, or other issues that could cause system failures, data loss, security vulnerabilities, or other problems. Beta Features are provided "as is" and "as available" without warranties of any kind, express or implied. The Company may modify, suspend, or discontinue Beta Features at any time, with or without notice, and is under no obligation to continue offering Beta Features or to incorporate user feedback. Your use of Beta Features is entirely at your own risk.
3.5. Geographic Restrictions and Export Controls (changed to be more UK focused)
The Services are intended for use in multiple jurisdictions worldwide; however, certain features, functionalities, or content may be restricted, limited, or unavailable in specific geographic regions, countries, or territories due to legal requirements, regulatory restrictions, licensing limitations, export control laws, trade sanctions, or other considerations. The Company reserves the right, in its sole discretion, to limit, restrict, or prohibit the availability of the Services or any portion thereof to any person, entity, geographic area, or jurisdiction, at any time, without prior notice. By using the Services, you represent and warrant that: (a) you are not located in a country that is subject to trade sanctions, embargoes, or restrictive measures imposed by the United Kingdom, the European Union, the United States, the United Nations, or other applicable governmental or international bodies; (b) you are not listed on any applicable government sanctions lists, including but not limited to those maintained by Her Majesty's Treasury (HM Treasury) in the United Kingdom, the Office of Financial Sanctions Implementation (OFSI), the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), or other relevant authorities; and (c) your use of the Services does not violate any applicable export control laws or regulations, including but not limited to the Export Control Order 2008 and related UK export control legislation, and U.S. export control laws including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), as applicable.
4. USER CONDUCT AND ACCEPTABLE USE POLICY
4.1. Compliance with Laws
You covenant and agree to use the Services solely for lawful purposes and in strict compliance with these Terms and all applicable local, state, provincial, national, and international laws, statutes, ordinances, regulations, rules, and legal requirements, including without limitation laws governing intellectual property, privacy, data protection, consumer protection, export control, anti-corruption, anti-money laundering, and online conduct. You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations in your jurisdiction and in any jurisdiction where your use of the Services may have legal effect.
4.2. Prohibited Activities and Conduct
You expressly agree NOT to use the Services, directly or indirectly, to:
- (a) Legal Violations: Violate, breach, or infringe upon any applicable law, regulation, ordinance, legal requirement, or court order, or engage in any activity that could subject the Company or its users to legal liability or regulatory action.
- (b) Intellectual Property Infringement: Infringe upon, misappropriate, or violate the intellectual property rights, proprietary rights, or other legal rights of any person or entity, including without limitation copyrights, trademarks, trade secrets, patents, rights of publicity, rights of privacy, moral rights, or contractual rights.
- (c) Harmful or Illegal Content: Upload, post, transmit, distribute, publish, share, display, or otherwise make available through the Services any content, material, or information that: (i) is illegal, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, slanderous, vulgar, obscene, lewd, lascivious, pornographic, or sexually explicit; (ii) promotes, incites, or facilitates violence, terrorism, illegal activities, self-harm, suicide, or eating disorders; (iii) constitutes child pornography, sexual exploitation of minors, or content harmful to minors; (iv) contains false, misleading, deceptive, or fraudulent information intended to deceive, defraud, or harm others; (v) violates any person's privacy rights or contains personally identifiable information of others without authorization; or (vi) is otherwise objectionable or harmful.
- (d) Harassment and Abuse: Harass, threaten, intimidate, stalk, bully, abuse, defame, libel, or otherwise harm other users or third parties, including by sending unwanted, unsolicited, or offensive messages, communications, or content; making threats of violence or harm; engaging in discriminatory behavior based on race, ethnicity, national origin, religion, gender, sexual orientation, age, disability, or other protected characteristics; or creating a hostile, intimidating, or offensive environment.
- (e) Impersonation and Misrepresentation: Impersonate, pretend to be, or falsely represent yourself as any person or entity, including but not limited to Company employees, representatives, or other users; falsely state or misrepresent your affiliation, association, or connection with any person or entity; or create a false identity or persona for the purpose of misleading, deceiving, or defrauding others.
- (f) Spam and Unsolicited Communications: Send, distribute, or transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, phishing attempts, or any other form of solicitation, mass messaging, or commercial communication without the express consent of recipients; or use the Services to send messages to persons who have not opted in to receive such communications.
- (g) Malware and Security Threats: Upload, post, transmit, distribute, or otherwise introduce any viruses, malware, Trojan horses, worms, spyware, adware, ransomware, logic bombs, or any other malicious code, files, scripts, or programs designed to interrupt, destroy, limit, or interfere with the functionality of any computer software, hardware, or telecommunications equipment, or to gain unauthorized access to, damage, disrupt, or compromise any computer system, network, or data.
- (h) Unauthorized Access: Attempt to gain unauthorized access to, interfere with, disrupt, damage, disable, overburden, or impair any portion of the Services, other Accounts, computer systems, networks, or servers connected to the Services, or any data or information stored thereon, through hacking, password mining, brute force attacks, denial-of-service attacks, or any other means.
- (i) Reverse Engineering and Interference: Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code, algorithms, methods, techniques, or trade secrets underlying the Services; circumvent, disable, bypass, remove, or interfere with any security features, access controls, digital rights management, or technological protection measures; or attempt to discover or extract the source code or underlying structure of the Services.
- (j) Data Mining and Scraping: Use automated scripts, bots, scrapers, crawlers, spiders, or other automated means, methods, or tools to access, collect, extract, mine, harvest, or aggregate data, content, or information from the Services without the Company's express written permission; engage in any systematic retrieval of data or content to create or compile a collection, compilation, database, or directory; or use any automated means to access the Services in a manner that sends more request messages to the Services' servers in a given period than a human can reasonably produce in the same period using a conventional web browser.
- (k) Competitive Use: Use the Services for competitive intelligence, benchmarking, monitoring, or analysis for competitive purposes; use the Services to develop, create, or provide a competitive product or service; or use the Services in any manner that could compete with or harm the Company's business interests.
- (l) Interference with Operations: Interfere with, disrupt, or adversely affect the operation, security, integrity, or functionality of the Services, servers, networks, or systems connected to the Services; disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or use any device, software, routine, or means to interfere or attempt to interfere with the proper working of the Services.
- (m) Excessive Use: Use the Services in a manner that could damage, disable, overburden, or impair the Company's servers, networks, or infrastructure, or interfere with any other party's use and enjoyment of the Services, including by making excessive requests, consuming excessive bandwidth, storage capacity, or computing resources, or engaging in activities that degrade the performance of the Services for other users.
- (n) Export Control Violations: Export, re-export, or transfer any content, data, software, or technology from the Services in violation of any applicable export control laws, regulations, or restrictions in any jurisdiction, including without limitation the Export Control Order 2008 and related UK export control legislation, the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce, the International Traffic in Arms Regulations (ITAR) administered by the U.S. Department of State, any applicable European Union export control regulations, and any other export control laws or regulations applicable to your use of the Services.
4.3. Content Standards and Responsibility
You are solely responsible for all content, data, information, materials, communications, and other submissions that you upload, post, transmit, distribute, publish, share, display, or otherwise make available through the Services (collectively, "User Content"). User Content must comply with these Terms and all applicable laws and regulations, and must not: (a) infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right; (b) violate the privacy, publicity, or other rights of any person or entity; (c) contain any information that you do not have a right to transmit under any law or contractual or fiduciary relationship; (d) be false, misleading, deceptive, or fraudulent; (e) contain unsolicited or unauthorized advertising, promotional materials, spam, or solicitations; or (f) violate any other provision of these Terms.
4.4. Monitoring and Enforcement Rights
The Company reserves the right, but has no obligation, to monitor, review, screen, examine, edit, refuse, reject, remove, delete, or block any User Content or Accounts at any time, for any reason or no reason, without prior notice, in the Company's sole discretion. The Company may also suspend, restrict, disable, or terminate your access to the Services if the Company determines, in its sole discretion, that you have violated these Terms or engaged in conduct that is harmful to other users, the Services, the Company's reputation, or third parties. The Company does not endorse, support, represent, warrant, or guarantee the completeness, truthfulness, accuracy, reliability, or legality of any User Content or communications posted via the Services, and the Company assumes no responsibility or liability for any User Content or for any loss or damage resulting from your use of or reliance on any User Content.
4.5. Reporting Mechanisms
If you become aware of any actual or suspected violation of these Terms by another user, you agree to promptly report such violation to the Company at Team@creoofficial.com or through the reporting mechanisms provided in the Services. The Company will investigate reported violations in accordance with its internal policies and procedures and may take appropriate action, which may include warning the user, suspending or terminating their Account, removing content, reporting to law enforcement, or taking legal action. The Company is under no obligation to investigate or take action with respect to any reported violation.
5. USER CONTENT AND INTELLECTUAL PROPERTY RIGHTS
5.1. Retention of Ownership
You retain all ownership rights, title, and interest in and to the User Content that you upload, post, transmit, or otherwise make available through the Services, subject to the licenses and rights granted to the Company and other users as set forth in these Terms. However, you acknowledge and agree that the Company and other users may have access to, view, use, and interact with your User Content as permitted by these Terms and the functionality of the Services.
5.2. Representations and Warranties Regarding User Content
By submitting User Content to the Services, you represent and warrant that: (a) you own or have the necessary licenses, rights, consents, permissions, and authorizations to use and to authorize the Company and other users to use your User Content as contemplated by these Terms; (b) your User Content does not violate, breach, or infringe upon any applicable law, regulation, or legal requirement; (c) your User Content does not infringe upon, misappropriate, or violate the intellectual property rights, proprietary rights, privacy rights, publicity rights, or other legal rights of any third party; (d) your User Content is not libelous, defamatory, slanderous, obscene, pornographic, abusive, offensive, harassing, threatening, or otherwise illegal or harmful; (e) your User Content does not contain false, misleading, or deceptive information; and (f) your User Content does not violate any provision of these Terms or any Supplementary Terms.
5.3. Limited License Grant to the Company
By submitting or posting User Content to the Services, you retain full ownership of your content and any intellectual property rights you hold in it. You grant the Company a limited, non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify (for formatting or display purposes only), publicly perform, publicly display, and distribute your User Content solely as necessary to operate, improve, promote, and provide the Services.
This includes, without limitation:
- displaying your content to other users;
- facilitating collaborations, job opportunities, and project management within the platform;
- showcasing or featuring your work in connection with the platform’s promotion (such as on the Creo website, social media channels, or app interface, for the purpose of highlighting community activity); and
- performing internal functions such as testing, security, analytics, and moderation.
The Company will not sell, license, or commercially exploit your User Content outside the context of the Services without your explicit consent. Any use of your name, likeness, or other personal identifiers will comply with your privacy settings and all applicable data protection laws.
5.4. Rights and Obligations Regarding User Content
You acknowledge and agree that the Company may preserve, store, and retain User Content, and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, regulations, court orders, or government requests; (b) enforce these Terms or any Supplementary Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) protect the rights, property, or personal safety of the Company, its users, employees, or the public; or (f) comply with the Company's legal obligations or internal policies.
5.5. Removal and Deletion Rights
The Company reserves the right to remove, edit, refuse to post, or delete any User Content, in whole or in part, at any time, for any reason or no reason, without prior notice, in the Company's sole discretion, including but not limited to User Content that: (a) violates these Terms or any Supplementary Terms; (b) violates applicable laws, regulations, or legal requirements; (c) may infringe the intellectual property rights of third parties; (d) is harmful, offensive, inappropriate, or objectionable; (e) may expose the Company to legal liability or regulatory action; (f) may interfere with the proper operation, security, or integrity of the Services; or (g) is reported as violating these Terms or applicable laws.
5.6. Deletion by Users and Data Retention
You may delete your User Content at any time through the functionality provided in the Services. When you delete User Content, it will be removed from the active, publicly accessible portions of the Services. However, you understand and acknowledge that: (a) deleted content may persist in backup copies, archival systems, or cached versions for a reasonable period of time necessary for technical and operational purposes (but will not be accessible to other users except as described below); (b) copies of your User Content may remain viewable in cached, archived, or stored pages, or if other users have copied, downloaded, or stored your User Content; (c) the Company may retain certain metadata, usage data, logs, and other information associated with deleted content for analytics, security, legal compliance, fraud prevention, and business purposes, in accordance with applicable law and the Company's data retention policies; (d) the Company may be required to retain certain content or information in accordance with legal obligations, law enforcement requests, regulatory requirements, court orders, or internal policies; and (e) deletion of User Content does not affect the rights, licenses, and permissions granted to the Company and other users prior to deletion, to the extent that such rights have already been exercised or vested.
5.7. Third-Party Content and Services
The Services may contain, display, link to, or provide access to content, websites, applications, services, or resources that are owned, operated, or provided by third parties (collectively, "Third-Party Content"). The Company does not endorse, sponsor, recommend, or assume any responsibility for any Third-Party Content, and your use of or interaction with Third-Party Content is entirely at your own risk. If you access any third-party website, application, service, or resource through the Services, you acknowledge and agree that: (a) the Company is not responsible or liable for the availability, accuracy, legality, appropriateness, or any other aspect of such Third-Party Content; (b) your use of Third-Party Content is subject to the terms and conditions, privacy policies, and other agreements of such third parties; and (c) the Company shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any Third-Party Content or any dealings between you and any third parties.
5.8. Company Intellectual Property Rights
The Services, including but not limited to the design, text, graphics, images, video, audio, software, code, user interface, logos, trademarks, service marks, trade names, trade dress, and other content provided by or on behalf of the Company (collectively, "Company Content"), are owned by the Company or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws and international treaties. Except as expressly authorized by the Company in writing, you may not copy, reproduce, distribute, publish, display, perform, transmit, broadcast, modify, adapt, translate, create derivative works of, sell, lease, sublicense, publicly display, publicly perform, or otherwise exploit any Company Content, in whole or in part. You may use Company Content solely for your personal, non-commercial use in connection with your authorized use of the Services, subject to these Terms and any applicable Supplementary Terms.
5.9. Feedback and Suggestions
If you provide the Company with any feedback, suggestions, ideas, recommendations, improvements, enhancements, or other information regarding the Services (collectively, "Feedback"), you hereby irrevocably assign to the Company all right, title, and interest in and to such Feedback, and the Company is free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback without any obligation, compensation, or attribution to you. You represent and warrant that you have all rights necessary to grant the Company the rights set forth in this Section 5.9.
6. PAID SERVICES, SUBSCRIPTIONS, AND BILLING TERMS
6.1. Payment Processing Services
The Services utilize Stripe, Inc. ("Stripe") as the third-party payment processor for all payment transactions, including job listing purchases, contract payments, platform fees, and payouts to service providers. By using the Services, you agree to be bound by Stripe's Terms of Service and Privacy Policy, available at https://stripe.com/legal. All payments are processed through Stripe's secure payment infrastructure, and the Company does not store or have access to your full payment card information.
6.2. Job Listing Packages
The Services offer job listing packages that enable users to post job listings on the platform. Job listing packages must be purchased prior to posting a job listing, and payment must be completed through Stripe Checkout before the job listing is activated. The features, benefits, and duration of each package tier are subject to change at any time, and the Company reserves the right to modify package offerings, pricing, or features with or without notice. Job listing package fees are one-time, non-recurring charges and are separate from any contract payments or platform fees related to completed work.
6.3. Platform Service Fees
When a job contract is formed and work is performed through the Services, the Company charges a platform service fee (the "Platform Fee") on each payment transaction. The Platform Fee is calculated as a percentage of the contract amount and is added to the total amount payable by the project owner:
- (a) Fixed Price Contracts: A Platform Fee of five percent (5%) of the total contract amount (including any budgeted expenses) is charged when the contract payment is processed.
- (b) Milestone-Based Contracts: A Platform Fee of eight percent (8%) of each milestone payment amount (including any budgeted expenses applicable to the first milestone) is charged when each milestone payment is processed.
The Platform Fee is automatically calculated and included in the total payment amount displayed to you prior to payment authorization. Platform Fees are non-refundable once payment has been processed, except as required by applicable law or as set forth in these Terms. The Company reserves the right to modify Platform Fee percentages at any time, provided that any such modifications will only apply to new contracts or new milestone payments created after the effective date of the modification.
6.4. Contract Payments, Escrow, and Approval Process
When you authorize payment for a job contract through the Services, you agree to pay: (a) the contract amount (or milestone amount, as applicable); (b) any budgeted expenses associated with the contract or milestone; and (c) the applicable Platform Fee. The total amount payable will be clearly displayed to you before you authorize the payment. Once payment is authorized and processed through Stripe, the Company will hold the funds (less the Platform Fee, which is retained by the Company) in escrow pending completion and approval of the work by you, the project owner. The service provider (creative) will not receive payment until you have reviewed and approved the completed work through the Services' approval mechanism. Funds will only be released to the service provider upon your explicit approval of the completed work. If work is not approved or is not completed in accordance with the contract terms, you may be entitled to a refund as set forth in Section 6.9 below. The Company is not responsible for disputes between project owners and service providers regarding work quality, completion, or approval decisions, and such disputes must be resolved between the parties or through the Services' dispute resolution mechanisms, if available.
6.6. Payment Methods and Authorization
You agree to provide current, accurate, complete, and valid payment information (such as credit card, debit card, bank account, or other payment method information accepted by Stripe) when you purchase Paid Services. You authorize the Company and Stripe to charge your designated payment method for all fees, charges, and amounts incurred in connection with your Account, including job listing package fees, contract payments, Platform Fees, Subscription fees (if applicable), one-time purchase fees, usage fees, overage charges, taxes, and any other charges. You are responsible for ensuring that your payment information is accurate, current, and complete, and for updating your payment information promptly if it changes. If your payment method expires or is otherwise invalid, you must provide updated payment information immediately. The Company uses Stripe to process payments, and your payment information is subject to Stripe's security and data protection practices.
6.7. Taxes and Additional Charges
All fees stated are in the currency specified at the time of purchase and are exclusive of applicable taxes, duties, levies, tariffs, or other governmental charges (collectively, "Taxes"). You are solely responsible for paying all Taxes imposed on the purchase of Paid Services, unless the Company is required by law to collect and remit such Taxes. Taxes may be calculated and charged based on the billing address or other information you provide. If you are exempt from paying any Taxes, you must provide the Company with a valid tax exemption certificate or other documentation acceptable to the Company. The Company reserves the right to charge your payment method for any Taxes that the Company determines it is required to collect. In addition, Stripe may charge transaction fees or other fees in connection with payment processing, which may be passed through to you or reflected in the pricing of Paid Services.
6.8 Refund Policy
General Refund Policy: Unless otherwise required by applicable law or as expressly set forth in this Section 6.9 or the Company's refund policy (if any), all fees paid for Paid Services are final and non-refundable, including but not limited to: job listing package fees, Platform Fees, and Subscription fees (if applicable).
Contract Payment Refunds: Contract payments (including milestone payments and any associated budgeted expenses) may be eligible for refunds in the following circumstances:
- (a) Unapproved or Incomplete Work: If work submitted by a service provider is not approved by you, the project owner, or if work is not completed in accordance with the contract terms, you may be entitled to a refund of the contract payment amount (excluding the Platform Fee, which is non-refundable). Refunds for unapproved or incomplete work will be processed in accordance with the contract terms and the Services' refund procedures.
- (b) Contract Cancellation: If a contract is canceled or terminated before work has commenced, or in accordance with the contract terms, you may be entitled to a refund of the contract payment amount (excluding the Platform Fee, which is non-refundable).
- (c) Dispute Resolution: Refunds may be provided as part of the resolution of disputes between project owners and service providers, as determined by the Company in its sole discretion or as required by applicable law.
Platform Fees: Platform Fees are non-refundable once payment has been processed, except as required by applicable law. Platform Fees are retained by the Company as compensation for facilitating the transaction and providing the Services, regardless of whether the underlying work is approved or completed.
Refund Process: If you believe you are entitled to a refund under this Section 6.9, applicable law, or the Company's refund policy, you must contact customer support at support@creoofficial.com within a reasonable time after the occurrence giving rise to the refund request, and in any event within [specify time period, e.g., "thirty (30) days"] of the payment date. Refund requests will be reviewed by the Company in accordance with these Terms, the contract terms, and applicable law. Refunds, if approved, will be processed to the original payment method through Stripe within a reasonable time period, subject to processing times by Stripe, payment processors, and financial institutions, which may take up to ten (10) business days or longer. The Company reserves the right to investigate refund requests and may require documentation or evidence supporting the refund claim.
Discretionary Refunds: Refunds may be provided solely at the Company's discretion and in accordance with the Company's refund policy, which may be updated from time to time. The Company is under no obligation to provide refunds except as required by applicable law or as expressly set forth in these Terms.
6.9. Free Trials and Promotional Offers
The Company may, from time to time, offer free trials, promotional offers, discount codes, coupon codes, or other incentives for Paid Services (collectively, "Promotional Offers"). Promotional Offers are subject to specific terms and conditions, which will be provided at the time of the offer or in separate promotional terms. Free trials may automatically convert to paid Subscriptions unless you cancel before the trial period ends. Promotional Offers are subject to availability, may be limited in quantity, may have eligibility requirements, and may be modified, suspended, or discontinued at any time without prior notice. The Company reserves the right to revoke or cancel Promotional Offers if fraud, abuse, or violation of the promotional terms is suspected.
6.11. Currency Conversion and Foreign Exchange
If you purchase Paid Services in a currency other than your local currency, your payment method may be charged in the currency displayed at checkout (currently GBP for job listings and contract payments), and currency conversion, if applicable, will be performed by your payment provider, financial institution, or card issuer in accordance with their terms and exchange rates. The Company is not responsible for any currency conversion fees, exchange rate fluctuations, or charges imposed by your payment provider or financial institution in connection with currency conversion.
6.12. Disputes, Chargebacks, and Payment Issues
If you dispute a charge or initiate a chargeback, reversal, or dispute with your payment provider regarding any fees charged by the Company, you must notify the Company immediately at [insert email]. The Company reserves the right to suspend, restrict, or terminate your Account and access to Paid Services pending resolution of the dispute. If a chargeback, reversal, or dispute is determined to be invalid, fraudulent, or in violation of these Terms, you may be liable for: (a) the disputed amount; (b) any fees, costs, or expenses incurred by the Company in connection with the chargeback or dispute; and (c) the Company's costs of collection, including reasonable attorneys' fees. The Company may also suspend or terminate your Account and refuse to provide Paid Services to you in the future. Disputes regarding completed work or contract payments should be resolved in accordance with the contract terms and the Services' dispute resolution mechanisms.
7. DATA COLLECTION, PROCESSING, AND PRIVACY
7.1. Data Collection and Processing
By using the Services, you acknowledge and agree that the Company collects, processes, stores, and uses certain information, data, and content as necessary to provide, operate, maintain, and improve the Services, as more fully described in the Company's data processing practices and applicable privacy notices. This information may include, but is not limited to: Account information, contact information, profile information, usage data, device information, location data (with your consent where required), payment information, User Content, communications data, log files, cookies, and similar tracking technologies.
7.2. Data Sharing and Disclosure
The Company may share, disclose, or provide access to your information with: (a) service providers, vendors, contractors, and business partners who assist the Company in operating the Services, subject to confidentiality obligations; (b) other users of the Services, as permitted by your privacy settings and the features and functionalities you use; (c) law enforcement agencies, governmental authorities, or other parties when required by law, court order, or legal process, or when the Company believes in good faith that disclosure is necessary to comply with legal obligations, protect rights, or prevent harm; (d) business transferees in the event of a merger, acquisition, reorganization, consolidation, or sale of assets, provided that the transferee agrees to be bound by these Terms; and (e) other parties with your express consent or as otherwise described in the Company's data processing practices.
7.3. International Data Transfers
Your information may be transferred to, stored in, and processed in countries other than your country of residence. These countries may have data protection laws, regulations, or standards that differ from those in your country. By using the Services, you consent to the transfer of your information to these countries and the processing of your information in accordance with the Company's data processing practices and applicable law. The Company will take appropriate measures to protect your information in accordance with applicable data protection laws and these Terms.
7.4. Data Security Measures
The Company implements commercially reasonable technical, administrative, and physical safeguards designed to protect your information from unauthorized access, use, disclosure, alteration, or destruction. However, you acknowledge and agree that: (a) no method of transmission over the Internet or method of electronic storage is 100% secure; (b) the Company cannot guarantee absolute security of your information; (c) there are inherent security risks in transmitting and storing information over the Internet; and (d) the Company is not responsible for unauthorized circumvention of any security measures.
7.5. Your Data Rights
Depending on your jurisdiction and applicable law, you may have certain rights regarding your personal information, such as the right to access, correct, update, delete, restrict processing, object to processing, request data portability, or withdraw consent. To exercise these rights, please contact the Company at support@creoofficial.com or through your Account settings. The Company will respond to your request in accordance with applicable law and the Company's data processing practices. However, the Company may retain certain information as necessary to comply with legal obligations, resolve disputes, enforce agreements, or for other legitimate business purposes.
7.6. Data Retention
The Company retains your information for as long as necessary to: (a) provide the Services; (b) comply with legal obligations, regulatory requirements, or court orders; (c) resolve disputes and enforce agreements; (d) protect the Company's legal rights and interests; and (e) for other legitimate business purposes, in accordance with the Company's data retention policies and applicable law. When you delete your Account or User Content, the Company will delete or anonymize your information in accordance with its data retention policies and applicable law, except where the Company is required to retain certain information for legal, regulatory, or legitimate business purposes.
7.7. Children's Privacy
The Services are not intended for children under the age of thirteen (16) years (or the minimum age required by applicable law in your jurisdiction). The Company does not knowingly collect personal information from children under the age of thirteen (16). If the Company becomes aware that it has collected personal information from a child under the age of thirteen (16) without parental consent, the Company will take steps to delete such information promptly. If you are a parent or guardian and believe your child has provided the Company with personal information without your consent, please contact the Company immediately at support@creoofficial.com
8. SECURITY MEASURES AND ACCOUNT PROTECTION
8.1. Company Security Measures
The Company employs industry-standard security measures, technologies, and practices designed to protect your Account, information, and User Content, including but not limited to encryption, secure authentication protocols, access controls, firewalls, intrusion detection systems, and regular security audits and assessments. However, you acknowledge and agree that: (a) no security system is impenetrable or completely secure; (b) there are inherent security risks in transmitting and storing information over the Internet; (c) the security of information transmitted over the Internet cannot be guaranteed; and (d) the Company cannot guarantee that unauthorized third parties will not be able to circumvent its security measures.
8.2. Your Security Obligations
You are solely responsible for taking reasonable steps to protect your Account, Account Credentials, and information, including: (a) using a strong, unique password that is not used for other accounts or services; (b) enabling two-factor authentication or other enhanced security features if available; (c) not sharing, disclosing, or transferring your Account Credentials to any third party; (d) logging out from shared, public, or unsecured devices after each session; (e) keeping your devices' operating systems, browsers, and security software up to date; (f) being cautious when clicking links, downloading files, or opening attachments, especially from unknown or untrusted sources; (g) regularly reviewing your Account activity and settings for any suspicious or unauthorized activity; and (h) immediately notifying the Company of any actual or suspected security breach or unauthorized access.
8.3. Security Breach Procedures
If you discover or suspect any unauthorized access to your Account, any actual or suspected security breach, or any other security incident, you must immediately: (a) change your password and update your Account Credentials; (b) enable two-factor authentication if not already enabled; (c) review your Account activity, settings, and User Content for any suspicious or unauthorized actions or modifications; (d) notify the Company immediately at support@creoofficial.com or through the security reporting mechanisms provided in the Services; and (e) take any other reasonable steps to mitigate potential harm. The Company will investigate reported security breaches in accordance with its security incident response procedures and may take appropriate action, which may include requiring a password reset, suspending or restricting the Account, notifying affected users, or reporting to law enforcement.
8.4. Limitation of Liability for Security Incidents
The Company is not liable for any loss or damage arising from unauthorized access to your Account, Account Credentials, or information resulting from: (a) your failure to maintain the security of your Account Credentials; (b) your failure to enable or use available security features; (c) security breaches caused by factors outside of the Company's reasonable control; (d) your sharing or disclosure of Account Credentials to third parties; (e) vulnerabilities or security flaws in your devices, networks, or systems; or (f) other acts or omissions for which you are responsible. You are solely responsible for all activities that occur under your Account, whether authorized by you or not.
9. THIRD-PARTY SERVICES AND INTEGRATIONS
9.1. Availability of Third-Party Services
The Services may integrate with, link to, or provide access to third-party websites, applications, services, platforms, or resources (collectively, "Third-Party Services") that are not owned, operated, or controlled by the Company. These Third-Party Services are provided for your convenience and information only and are not under the Company's control or supervision.
9.2. No Responsibility for Third-Party Services
The Company is not responsible or liable for: (a) the availability, accuracy, completeness, legality, appropriateness, or any other aspect of Third-Party Services; (b) the content, products, services, or materials provided by Third-Party Services; (c) the privacy practices, data collection practices, or security practices of Third-Party Services; (d) any loss or damage of any sort incurred as a result of your use of or reliance on any Third-Party Services or any dealings between you and third-party service providers; or (e) any disputes, claims, or issues arising between you and third-party service providers.
9.3. Third-Party Terms and Conditions
Your use of Third-Party Services is subject to and governed by the terms and conditions, privacy policies, and other agreements of such third parties. You acknowledge and agree that you are solely responsible for reviewing and complying with such third-party terms. The Company does not endorse, sponsor, recommend, or assume any responsibility for Third-Party Services or the terms and conditions governing their use.
9.4. Third-Party Integrations
If you choose to connect your Account with Third-Party Services (such as cloud storage services, communication platforms, or other applications), you authorize the Company to access and use information from those Third-Party Services as necessary to provide the integration functionality, in accordance with the Company's data processing practices and the permissions you grant. You are responsible for: (a) managing and revoking access to Third-Party Services through your Account settings or the third party's settings; (b) understanding the implications of connecting your Account with Third-Party Services; and (c) ensuring that you have the right to grant the Company access to information from such Third-Party Services.
9.5. No Endorsement or Warranty
The inclusion of any link, reference, integration, or access to Third-Party Services does not imply endorsement, sponsorship, or recommendation by the Company. The Company makes no representations or warranties, express or implied, regarding Third-Party Services, and your use of such services is entirely at your own risk. The Company reserves the right to remove, suspend, or discontinue integrations with Third-Party Services at any time, with or without notice.
10. DISCLAIMERS OF WARRANTIES
10.1. "AS IS" AND "AS AVAILABLE" BASIS
THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE; (B) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (C) WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR SPECIFICATIONS; (D) WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; (E) WARRANTIES THAT DEFECTS IN THE SERVICES WILL BE CORRECTED; (F) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE SERVICES; AND (G) WARRANTIES THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
10.2. NO GUARANTEES OF PERFORMANCE
THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT: (A) THE SERVICES WILL BE AVAILABLE AT ALL TIMES, IN ALL LOCATIONS, OR ON ALL DEVICES; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM DELAYS, FAILURES, OR DEFECTS; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, USEFUL, OR SATISFACTORY; (D) DEFECTS, ERRORS, OR BUGS IN THE SERVICES WILL BE CORRECTED OR REMEDIED; (E) THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; OR (F) THE SERVICES WILL BE COMPATIBLE WITH YOUR HARDWARE, SOFTWARE, OR NETWORK CONFIGURATION.
10.3. USER CONTENT AND THIRD-PARTY CONTENT
THE COMPANY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS, RELIABILITY, LEGALITY, OR APPROPRIATENESS OF ANY INFORMATION, CONTENT, OR MATERIALS PROVIDED THROUGH THE SERVICES, INCLUDING USER CONTENT, COMPANY CONTENT, OR THIRD-PARTY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT YOU RELY ON SUCH INFORMATION, CONTENT, OR MATERIALS AT YOUR OWN RISK, AND THE COMPANY SHALL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT.
10.4. BETA AND EXPERIMENTAL FEATURES
BETA FEATURES, PREVIEW FEATURES, EXPERIMENTAL FEATURES, AND SIMILARLY LABELED FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE AND AGREE THAT BETA FEATURES MAY CONTAIN BUGS, ERRORS, DEFECTS, OR OTHER ISSUES THAT COULD CAUSE SYSTEM FAILURES, DATA LOSS, SECURITY VULNERABILITIES, OR OTHER PROBLEMS. YOUR USE OF BETA FEATURES IS ENTIRELY AT YOUR OWN RISK.
10.5. DISCLAIMERS IN CERTAIN JURISDICTIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF STATUTORY RIGHTS, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY'S WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. LIMITATION OF LIABILITY
11.1. EXCLUSION OF CONSEQUENTIAL AND INDIRECT DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR CONTRACTORS (COLLECTIVELY, "COMPANY PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) LOSS OF PROFITS, REVENUE, INCOME, OR ANTICIPATED SAVINGS; (B) LOSS OF DATA, INFORMATION, OR USER CONTENT; (C) LOSS OF USE, GOODWILL, OR BUSINESS OPPORTUNITIES; (D) BUSINESS INTERRUPTION OR LOSS OF BUSINESS; (E) COST OF SUBSTITUTE SERVICES, GOODS, OR TECHNOLOGY; (F) DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT, DATA, OR INFORMATION; (G) DAMAGES RESULTING FROM LOSS OF PRIVACY OR CONFIDENTIALITY; OR (H) ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
11.2. CAP ON TOTAL LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00) USD, OR (B) THE TOTAL AMOUNT YOU PAID TO THE COMPANY FOR PAID SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY AMOUNTS TO THE COMPANY, THE COMPANY'S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) USD.
11.3. EXCLUSIONS FROM LIMITATION
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE THE COMPANY'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW; OR (D) ANY BREACH OF THE COMPANY'S OBLIGATIONS UNDER APPLICABLE DATA PROTECTION LAWS.
11.4. NO LIABILITY FOR USER CONTENT AND THIRD-PARTY ACTIONS
THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATING TO: (A) USER CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OR CORRUPTION OF USER CONTENT; (B) ACTIONS OR OMISSIONS OF OTHER USERS OR THIRD PARTIES; (C) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT RESULTING FROM YOUR FAILURE TO MAINTAIN THE SECURITY OF YOUR ACCOUNT CREDENTIALS; (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (E) BUGS, VIRUSES, TROJAN HORSES, WORMS, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (F) THIRD-PARTY SERVICES OR YOUR USE OF OR RELIANCE ON THIRD-PARTY SERVICES; OR (G) ANY DISPUTE OR INTERACTION BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY.
11.5. FORCE MAJEURE
THE COMPANY SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE UNDER THESE TERMS RESULTING FROM CIRCUMSTANCES OUTSIDE OF THE COMPANY'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO: ACTS OF GOD, NATURAL DISASTERS, WEATHER EVENTS, EARTHQUAKES, FLOODS, FIRES, PANDEMICS, EPIDEMICS, WAR, TERRORISM, RIOTS, CIVIL UNREST, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, GOVERNMENT ACTIONS, INTERNET OR TELECOMMUNICATION FAILURES, CYBERATTACKS, HACKING ATTACKS, DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, STRIKES, LOCKOUTS, OR OTHER LABOR DISPUTES, OR FAILURES OF THIRD-PARTY SERVICE PROVIDERS, HOSTING PROVIDERS, OR INFRASTRUCTURE PROVIDERS.
12. INDEMNIFICATION OBLIGATIONS
12.1. Indemnification Agreement
You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees, expert witness fees, court costs, and other litigation expenses) arising out of or relating to: (a) your use or misuse of the Services; (b) your violation or breach of these Terms or any Supplementary Terms; (c) your violation or breach of any applicable law, regulation, ordinance, or legal requirement; (d) your violation or infringement of any third-party right, including intellectual property rights, privacy rights, publicity rights, or contractual rights; (e) your User Content, including but not limited to claims that your User Content violates or infringes the rights of any third party; (f) your interaction with any other user or third party; (g) any dispute or claim between you and any other user or third party; (h) your negligence, willful misconduct, or illegal conduct; or (i) your failure to comply with any of your obligations, representations, or warranties under these Terms.
12.2. Defense and Control
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with the Company's defense of such claim, including by providing information, documents, and testimony as reasonably requested. You agree not to settle any matter subject to indemnification by you without the Company's prior written consent. The Company may, at its option, participate in the defense of any claim through counsel of its own choosing at its own expense.
13. TERMINATION PROVISIONS
13.1. Termination by User
You may terminate your Account and discontinue your use of the Services at any time by: (a) deleting your Account through your Account settings or by contacting customer support; (b) canceling any active Subscriptions or Paid Services; and (c) uninstalling or ceasing to access the application, website, or other means of accessing the Services. Termination of your Account will result in the loss of access to all Services and deletion of your Account data in accordance with the Company's data retention policies and applicable law.
13.2. Termination by Company
The Company may, in its sole and absolute discretion, suspend, restrict, disable, deactivate, or terminate your Account and your access to all or any portion of the Services at any time, with or without cause, with or without prior notice, for any reason or no reason, including but not limited to: (a) actual or suspected violation or breach of these Terms or any Supplementary Terms; (b) actual or suspected violation or breach of any applicable law, regulation, ordinance, or legal requirement; (c) actual or suspected fraudulent, deceptive, abusive, illegal, or harmful activity or conduct; (d) non-payment of any fees, charges, or amounts owed to the Company; (e) extended periods of Account inactivity (as determined by the Company); (f) requests by law enforcement agencies, governmental authorities, regulatory bodies, or court orders; (g) discontinuation or material modification of all or any portion of the Services; (h) business or operational reasons; or (i) any other reason that the Company determines, in its sole discretion, is necessary, appropriate, or in the best interests of the Company, its users, or third parties.
13.3. Consequences of Termination
Upon termination of your Account: (a) your right to access and use the Services will immediately cease; (b) all active Subscriptions and Paid Services will be canceled, and no refunds will be provided except as required by applicable law; (c) you will lose access to your Account, User Content, and data, and such content and data may be deleted in accordance with the Company's data retention policies; (d) the Company may delete your Account data, User Content, and other information in accordance with its data retention policies and applicable law; (e) all licenses and rights granted to you under these Terms will immediately terminate; and (f) any fees you have paid are non-refundable, except as required by applicable law or as expressly set forth in the Company's refund policy.
13.4. Survival of Provisions
The following provisions shall survive termination of these Terms and the termination of your Account: Section 5 (User Content and Intellectual Property Rights), Section 10 (Disclaimers of Warranties), Section 11 (Limitation of Liability), Section 12 (Indemnification Obligations), Section 13.4 (Survival of Provisions), Section 14 (Dispute Resolution), Section 15 (Governing Law and Jurisdiction), and Section 16 (General Provisions).
14. DISPUTE RESOLUTION AND ARBITRATION
14.1. Informal Resolution
Before initiating any formal dispute resolution proceeding, you and the Company agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or the relationship between you and the Company (each, a "Dispute") through good faith informal negotiations. If you have a Dispute, you must send a written notice describing the Dispute in reasonable detail and your proposed resolution to team@creoofficial.com. The Company will respond to your notice within thirty (30) days. If the Dispute is not resolved within sixty (60) days after the initial notice (or such longer period as you and the Company may mutually agree), either party may proceed with formal dispute resolution in accordance with this Section 14.
14.2. Binding Individual Arbitration
EXCEPT AS SET FORTH IN SECTION 14.4 BELOW, YOU AND THE COMPANY AGREE THAT ANY DISPUTE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING, INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, AND YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. The arbitrator's decision will be final and binding, and judgment on the arbitral award may be entered in any court of competent jurisdiction.
14.3. Arbitration Procedures and Rules
Arbitration will be conducted in accordance with the Arbitration Rules of the London Court of International Arbitration ("LCIA") or, if you are an individual consumer, the Consumer Arbitration Rules of the Chartered Institute of Arbitrators ("CIArb"), as applicable, or such other arbitration rules as you and the Company may mutually agree upon in writing. The arbitration will be conducted by a single arbitrator selected in accordance with the applicable arbitration rules. The arbitration will be conducted in London, England, United Kingdom, unless you and the Company agree otherwise in writing. The arbitrator will have the authority to award relief available under applicable law, including monetary damages and injunctive relief. The arbitrator's decision will be final and binding, and judgment on the arbitral award may be entered in any court of competent jurisdiction. The prevailing party in the arbitration will be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party, unless otherwise required by applicable law or the applicable arbitration rules.
14.4. Exceptions to Arbitration Requirement
Notwithstanding the foregoing, the following Disputes are not subject to the arbitration requirement and may be brought in court: (a) disputes related to intellectual property rights, including but not limited to copyright, trademark, and patent disputes; (b) disputes seeking injunctive or other equitable relief to prevent or stop unauthorized use or abuse of the Services or intellectual property infringement; (c) disputes that qualify for small claims court in the jurisdiction where you reside; and (d) disputes that cannot be arbitrated under applicable law.
14.5. Class Action and Collective Action Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. Unless both you and the Company agree otherwise in writing, the arbitrator may not consolidate more than one person's or entity's claims and may not otherwise preside over any form of a representative, class, or collective proceeding. If this class action waiver is found to be unenforceable, then the entire arbitration agreement in this Section 14 will be unenforceable, except that the class action waiver will remain in effect for purposes of litigating the Dispute in court.
14.6. Opt-Out of Arbitration
If you do not wish to be bound by the arbitration and class action waiver provisions in this Section 14, you must notify the Company in writing within thirty (30) days of the date you first accept these Terms (or the date you first use the Services, whichever is later). Your opt-out notice must include: (a) your full name, mailing address, and email address; (b) your Account username or identifier (if applicable); and (c) a clear statement that you wish to opt out of the arbitration and class action waiver provisions. Send your opt-out notice to team@creoofficial.com. If you opt out, disputes will be resolved in court in accordance with Section 15 below, but the class action waiver will still apply.
15. GOVERNING LAW AND JURISDICTION
15.1. Choice of Law
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions, principles, or rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
15.2. Jurisdiction and Venue
Subject to Section 14 (Dispute Resolution and Arbitration), for any Disputes that are not subject to arbitration or are otherwise exempt from the arbitration requirement, you and the Company agree to submit to the exclusive jurisdiction and venue of the courts of England and Wales, and you and the Company each waive any objection to such jurisdiction and venue, including any objection based on forum non conveniens or any other basis.
15.3. Waiver of Jury Trial
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EXCEPT AS OTHERWISE PROVIDED IN SECTION 14.
16. GENERAL PROVISIONS
16.1. Entire Agreement
These Terms, together with any Supplementary Terms, constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous communications, proposals, representations, warranties, agreements, and understandings, whether electronic, oral, or written, between you and the Company regarding the Services. No modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by both parties, except as otherwise provided in Section 1.3.
16.2. Waiver and Severability
The failure of the Company to enforce or exercise any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver of any provision of these Terms will be effective unless in writing and signed by the party waiving such provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if such modification is not possible, such provision will be severed from these Terms. The remaining provisions of these Terms will remain in full force and effect and will be enforceable to the fullest extent permitted by law.
16.3. Assignment
You may not assign, transfer, delegate, or otherwise dispose of these Terms or any of your rights or obligations hereunder, in whole or in part, by operation of law or otherwise, without the Company's prior written consent, which may be granted or withheld in the Company's sole discretion. Any attempted assignment, transfer, delegation, or disposition in violation of this Section 16.3 will be null and void. The Company may freely assign, transfer, delegate, or otherwise dispose of these Terms or any of its rights or obligations hereunder, in whole or in part, without restriction or notice, including in connection with a merger, acquisition, reorganization, consolidation, or sale of all or substantially all of the Company's assets.
16.4. Notices
All notices, requests, demands, claims, and other communications under these Terms must be in writing and will be deemed to have been given: (a) when delivered personally; (b) when sent by registered or certified mail (return receipt requested), postage prepaid; (c) when sent by a nationally recognized overnight courier service, charges prepaid; or (d) when sent by email to the email address associated with your Account (for notices to you) or to team@creoofficial.com (for notices to the Company), provided that email notices will be deemed given when sent (unless the sender receives a notification that the email was not delivered). Notices to the Company should be sent to the address set forth in Section 16.10 below.
16.5. No Third-Party Beneficiaries
These Terms are for the sole benefit of you and the Company and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
16.6. Relationship of Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, or fiduciary relationship between you and the Company. You have no authority to bind the Company in any way, and you shall not represent to any third party that you have such authority.
16.7. Force Majeure
The Company shall not be liable for any failure or delay in performance under these Terms resulting from circumstances outside of the Company's reasonable control, including but not limited to: acts of God, natural disasters, weather events, earthquakes, floods, fires, pandemics, epidemics, war, terrorism, riots, civil unrest, embargoes, acts of civil or military authorities, government actions, internet or telecommunication failures, cyberattacks, hacking attacks, distributed denial-of-service attacks, strikes, lockouts, or other labor disputes, or failures of third-party service providers, hosting providers, or infrastructure providers. If a force majeure event continues for more than thirty (30) days, either party may terminate these Terms by written notice to the other party.
16.8. Export Control Compliance
You represent and warrant that: (a) you are not located in a country that is subject to trade sanctions, embargoes, or restrictive measures imposed by the United Kingdom, the European Union, the United States, the United Nations, or other applicable governmental or international bodies; (b) you are not listed on any applicable government sanctions lists, including but not limited to those maintained by Her Majesty's Treasury (HM Treasury) in the United Kingdom, the Office of Financial Sanctions Implementation (OFSI), the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), or other relevant authorities; and (c) your use of the Services does not violate any applicable export control laws or regulations, including but not limited to the Export Control Order 2008 and related UK export control legislation, and U.S. export control laws including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), as applicable. You agree to comply with all applicable export control laws and regulations in connection with your use of the Services.
16.9. Electronic Communications
By using the Services, you consent to receive electronic communications from the Company, including emails, in-app notifications, push notifications, and other electronic messages. You may opt out of certain non-essential communications through your Account settings or by following the unsubscribe instructions in such communications. However, you may not opt out of certain communications that are necessary for the operation of the Services or required by law, such as account-related notifications, security alerts, service updates, billing notifications, and legal notices.
16.10. Language of Agreement
These Terms may be translated into other languages for your convenience. In the event of any conflict or inconsistency between the English version and any translated version, the English version shall prevail and govern.
16.11. Contact Information
If you have any questions, concerns, complaints, or requests regarding these Terms or the Services, please contact the Company at:
- General Inquiries and Customer Support: support@creoofficial.com
- Legal Notices and Disputes: support@creoofficial.com
- Privacy and Data Protection Inquiries: support@creoofficial.com
- Security Incidents: support@creoofficial.com
- Mailing Address: Creo, Dryden Enterprise Centre, Nottingham Trent University, Dryden Street, NG1 0FQ
17. JURISDICTION-SPECIFIC PROVISIONS
17. SPECIAL PROVISIONS FOR CERTAIN JURISDICTIONS
17.1. European Economic Area and United Kingdom Users
If you are located in the European Economic Area ("EEA") or the United Kingdom, you may have additional rights and obligations under the General Data Protection Regulation ("GDPR"), the UK GDPR, and applicable local data protection laws. These rights are addressed in the Company's data processing practices and applicable privacy notices. Additionally, if you are a consumer in the EEA or UK, certain mandatory consumer protection laws may apply to these Terms that cannot be excluded or limited by agreement.
17.2. California, United States Users
If you are a resident of California, United States, you may have additional rights under the California Consumer Privacy Act ("CCPA"), the California Privacy Rights Act ("CPRA"), and other California laws. These rights, which primarily relate to the collection, use, and disclosure of personal information, are addressed in the Company's data processing practices and applicable privacy notices. Please note that CCPA/CPRA compliance requirements apply to businesses that meet certain thresholds, regardless of the business's location, if they process personal information of California residents.
17.3. Other Jurisdictions
Users in other jurisdictions may have additional rights, protections, or obligations under applicable local laws, regulations, or legal requirements. These Terms are intended to comply with applicable laws to the maximum extent possible while preserving the Company's rights and protections. Nothing in these Terms is intended to limit or waive any rights, protections, or remedies that you may have under applicable law that cannot be limited or waived by contract. Users are encouraged to familiarize themselves with the consumer protection and data protection laws applicable in their jurisdiction.
18. Acknowledgment and Acceptance
BY ACCESSING, DOWNLOADING, INSTALLING, REGISTERING FOR, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS TO AND USE OF THE SERVICES.
Last updated: 8 December 2025